Administrative Order No. 38-A
AMENDING ADMINISTRATIVE ORDER NO. 38 DATED AUGUST 23, 2002 IN ORDER TO PROVIDE FOR THE SEPARATION BENEFITS PROVIDED BY LAW FOR OFFICERS AND EMPLOYEES OF THE DEPARTMENT OF ENERGY DISPLACED OR SEPARATED AS A RESULT OF THE RESTRUCTURING OF THE ELECTRIC POWER INDUSTRY
WHEREAS, Administrative Order
No. 38 dated August 23, 2002 effected the institutional strengthening of the
Department of Energy to enable the
Department of Energy to respond adequately
to its expanded role and functions arising from the passage of new laws,
including Republic Act No. 9136, otherwise known as the
Electric Power Industry Reform Act of 2001;
WHEREAS, Section 63 of the Electric Power Industry Act of
2001 provides for the separation benefits of government officials and
employees affected by the restructuring of the electric power industry;
WHEREAS, the institutional strengthening of the
Department of Energy as a necessary component in the restructuring of the
electric power industry resulted in the displacement or separation from service
of several officers and employees of the
Department of Energy, other than those belonging to its Energy Industry
Administration Bureau;
WHEREAS, the Secretary of Energy recommends
the issuance of this Administrative Order, with the concurrence of the
Secretary of Budget and Management;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by
virtue of the powers vested in me by law, do hereby order:
SECTION 1. Amendment. – Section 4 of Administrative
Order No. 38 dated August 23, 2002 is hereby amended to read as follows:
“SEC. 4. Separation and Other Benefits. – Pursuant to Section 63 of
the Electric Power Industry Reform Act of 2001
(Republic Act No. 9136), officers and employees separated from the
Department of Energy as a result hereof
shall be entitled to the corresponding benefits therein: Provided, That
before an officer or employee may avail of separation benefits hereunder, the
Secretary of Energy shall have approved the
separation from the service of and issued the appropriate clearance for the
particular officer or employee concerned.”
SEC. 2. Implementing Guidelines, Rules and Regulations. – The Secretary of Energy shall promulgate, with the concurrence of the Secretary of Budget and Management, the necessary implementing guidelines, rules and regulations to ensure the orderly implementation of this Administrative Order.
SEC. 3. Effectivity. – This Administrative Order shall take effect
immediately.
Done in the City of Manila, this 2nd day of July, in the year of our Lord, Two
Thousand and Three.
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