Transferring The National Irrigation Administration From The Office Of The President To The Department Of Agriculture (Executive Order No. 168 Series of 2022)

A M ALACANAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES EXECUTIVE ORDER NO. 168 TRANSFERRING THE NATIONAL IRRIGATION ADMINISTRATION FROM THE OFFICE OF THE PRESIDENT TO THE DEPARTMENT OF AGRICULTURE WHEREAS, Section 1, Article XII of the Constitution provides that the State shall promote industrialization based on sound agricultural development and agrarian reform; WHEREAS, Republic Act (RA) No. 3601 created the National Irrigation Administration (NIA) as a body corporate, with the purpose of expanding irrigated farmlands to support crop production, increase the productivity of our farmers, and ensure a stable supply of farm commodities; WHEREAS, to enhance and coordinate the efforts of government agencies in the agricultural sector, Executive Order No. 165 (s. 2014) transferred the NIA, among other agencies, from the Department of Agriculture (DA) to the Office of the President (OP); WHEREAS, due to the effects of climate change and the COVID-19 pandemic, which significantly affected the state of food security in the Philippines, there is a need to optimize the country’s water resources to adapt to these challenges, and pave the way for the modernization and industrialization of the agricultural sector; WHEREAS, there is a need to integrate relevant agencies in the agricultural sector in the fulfillment of their complementary governmental mandates; WHEREAS, Section 17, Article VII of the Constitution states that the President shall have control of all executive departments, bureaus and offices; WHEREAS, Section 31, Chapter 10, Title III, Book III of EO No. 292 or the “Administrative Code of 1987,” provides that the President has the continuing authority to reorganize the administrative structure of the OP, including the transfer of any agency under the OP to any other department or agency; and WHEREAS, Section 5 of RA No. 10149 or the “GOCC Governance Act of 2011,” provides that the Governance Commission for GOCCs (GCG) shall evaluate and ascertain whether a government-owned or -controlled corporation (GOCC) should be reorganized, and if upon its determination that it is to the best interest of the State THE PRESIDENT OF THE PHILIPPINES MALACANAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES EXECUTIVE ORDER NO. 168 TRANSFERRING THE NATIONAL IRRIGATION ADMINISTRATION FROM THE OFFICE OF THE PRESIDENT TO THE DEPARTMENT OF AGRICULTURE WHEREAS, Section 1, Article XII of the Constitution provides that the State shall promote industrialization based on sound agricultural development and agrarian reform; WHEREAS, Republic Act (RA) No. 3601 created the National Irrigation Administration (NIA) as a body corporate, with the purpose of expanding irrigated farmlands to support crop production, increase the productivity of our farmers, and ensure a stable supply of farm commodities; WHEREAS, to enhance and coordinate the efforts of government agencies in the agricultural sector, Executive Order No. 165 (s. 2014) transferred the NIA, among other agencies, from the Department of Agriculture (DA) to the Office of the President (OP); WHEREAS, due to the effects of climate change and the COVID-19 pandemic, which significantly affected the state of food security in the Philippines, there is a need to optimize the country's water resources to adapt to these challenges, and pave the way for the modernization and industrialization of the agricultural sector; WHEREAS, there is a need to integrate relevant agencies in the agricultural sector in the fulfillment of their complementary governmental mandates; WHEREAS, Section 17, Article VI I of the Constitution states that the President shall have control of all executive departments, bureaus and offices; WHEREAS, Section 31, Chapter 10, Title Ill, Book 111 of EO No. 292 or the "Administrative Code of 1987," provides that the President has the continuing authority to reorganize the administrative structure of the OP, including the transfer of any agency under the OP to any other department or agency; and WHEREAS, Section 5 of RA No. 10149 or the "GOCC Governance Act of 2011," provides that the Governance Commission for GOCCs (GCG) shall evaluate and ascertain whether a government-owned or-controlled corporation (GOCC) should be reorganized, and if upon its determination that it is to the best interest of the State THE PRESIDENT OF THE PHILIPPINES that a GOCC should be reorganized, it shall make the appropriate recommendation to the President; NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order: Section 1. Transfer of the NIA. The NIA is hereby transferred from the OP to the DA. Section 2. Directive to the GCG. The GCG is hereby directed to study the reorganization of the NIA Board of Directors, and submit to the OP, through the Executive Secretary, its recommendation thereon. Pending the submission by the GCG of its recommendation, the DA Secretary is hereby designated as Acting Chairman of the NIA Board. Section 3. Repeal. All orders, rules and regulations, and issuances or parts thereof inconsistent with this Order are hereby repealed, amended or modified accordingly. Section 4. Separability. In the event that any provision of this Order or any part thereof is declared invalid, illegal or unconstitutional, the provisions not affected thereby shall remain in full force and effect. Section 5. Effectivity. This Order shall take effect immediately. DONE, in the City of Manila, this 2 5 ttbay of A p r i l , in the year of Our Lord, Two Thousand and Twenty-Two. By the President: t l SALVADOR C. MEDIALDEA Executive Secretary 2 that a GOCC should be reorganized, it shall make the appropriate recommendation to the President; NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order: Section 1. Transfer of the NIA. The NIA is hereby transferred from the OP to the DA. Section 2. Directive to the GCG. The GCG is hereby directed to study the reorganization of the NIA Board of Directors, and submit to the OP, through the Executive Secretary, its recommendation thereon. Pending the submission by the GCG of its recommendation, the DA Secretary is hereby designated as Acting Chairman of the NIA Board. Section 3. Repeal. All orders, rules and regulations, and issuances or parts thereof inconsistent with this Order are hereby repealed, amended or modified accordingly. Section 4. Separability. In the event that any provision of this Order or any part thereof is declared invalid, illegal or unconstitutional, the provisions not affected thereby shall remain in full force and effect. Section 5. Effectivity. This Order shall take effect immediately. DONE, in the City of Manila, this ?.5 t11:iay of April Our Lord, Two Thousand and Twenty-Two. By the President: r ... , ( SALVADOR C. MEDIALDEA~ Executive Secretary 2 , in the year of