Ministry to which the functions have been transferred as the case may be or who are not reappointed shall be entitled to the benefits provided in the second paragraph of the ollowing SECTION 23. New Structure and Pattern. Upon approval of this Executive Order, the officers (‘the term “officer” as used in the Executive Order is intended to be within the meaning of the term “official” as used in the Freedom Constitution and the succeeding Constitution) and employees of the Ministry shall, in a hold-over capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits unless in the meantime they are separated from the service pursuant to Executive Order No. 17 (1986) or Article III of the Freedom Constitution. The new position structure and staffing pattern, shall be approved and prescribed by the Minister, for the Ministry, within one hundred twenty (120) days from the approval of this Executive Order and the authorized positions created thereunder shall be filled with regular appointments by the Minister or by the President as the case may be. Those incumbents whose positions are not included therein or who are not reappointed shall be deemed separated from the service. Those separated from the service shall receive the retirement benefits to which they may be entitled under existing laws, rules and regulations. Otherwise, they shall be paid the equivalent of one month basic salary for every year of service, or the equivalent nearest fraction thereof favorable to them on the basis of highest salary received, but in no case shall such payment exceed the equivalent of 12 months salary. No court or administrative body shall issue any writ of preliminary injunction or restraining order to enjoin the separation/replacement of any officer or employee effected under this Executive Order. SECTION 24. Periodic Performance Evaluation.The Ministry is hereby required to formulate and enforce a system of measuring and evaluating periodically and objectively the performance of the Ministry and submit the same annually to the President. SECTION 25. Prohibition Against Change. No change in the reorganization herein prescribed shall be valid except opun prior approval of the President, for the porpose of promoting efficiency and effectiveness in the delivery of public service. SECTION 26. Implementing Authority of Minister. The Minister shall issue such rules, regulations and other issuances as may be necessary to ensure the effective implementation of the provisions of this Executive Order. SECTION 27. Notice of Consent Requirement. If any reorganizational change herein authorized, is of such substance or materiality as to prejudice third persons with rights recognized by law or contract such that notice to or consent of creditors is required to be made or obtained pursuant to any agreement entered into with any of such creditors, such notice or consent requirements shall be complied with prior to the implementation of such reorganizational change. SECTION 28. Funding. Funds needed to carry out the provisions of this Executive Order shall be taken from funds available in the Ministry SECTION 29. Change of Nomenclature. In the event of the adoption of the a new Constitution which provides for a presidential form of government, the Ministry shall be called Department of Social Welfare and Development and the titles of Minister, Deputy Minister, and Assistant Minister shall be changed to Secretary, Undersecretary and Assistdnt Secretary, respectively.