Section 22Sec./Art. 22

Transitory Provisions. - The OMA is deemed abolished upon the creation of the Commission. All the powers, functions, assets, liabilities, capital, accounts, contracts, equipment, and facilities of the OMA which are owned by the government, shall be transferred to the Commission.

During the transition period, which begins upon approval of this Act, the President may appoint the incumbent Executive Director of the OMA as Acting Secretary of the Commission until the regular Secretary of the Commission shall have been appointed.

All regular or permanent employees of the OMA shall be absorbed or transferred to the Commission: Provided, That they possess the necessary qualifications, and shall not suffer any loss of seniority or rank or decrease in emoluments.

No officer or employee in the career service shall be removed except for a valid cause and after due notice and hearing. A valid cause for removal exists when, pursuant to a bona fide reorganization, a position has been abolished or rendered redundant or there is a need to merge, divide or consolidate positions in order to meet the exigencies of the service, or other lawful causes allowed by the Civil Service Law.

Employees separated and/or phased-out from the service as a result of the abolition of the OMA under the provision of this Act shall, within three (3) months from their separation and/or phase-out from the service receive a separation pay in accordance with existing laws, rules and regulations. In addition, those who are qualified to retire shall be allowed to retire and be entitled to all benefits provided under existing retirement laws. The fund of the Coin miss ion may be used to fund this purpose.

Employees separated and/or retired from the Commission shall not be eligible for reappointment to or employment in the Commission whether on a permanent, temporary, casual or contractual status within a period of three (3) years after separation or retirement.

The Secretary shall recommend to the Commission a work program that shall include the organizational plan and structure, staffing pattern and compensation plan, budget, programs, projects and activities of the Commission within ninety (90) days from the approval of this Act. Said work program shall be implemented by the Secretary within thirty (30) days after its approval by the Commission and the President.