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PRESIDENTIAL DECREE NO. 1048
PRESIDENTIAL DECREE NO. 1048 -
IMPLEMENTING THE SAMAR INTEGRATED RURAL DEVELOPMENT PROJECT, PROVIDING
FUNDS THEREFOR AND FOR OTHER PURPOSES
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WHEREAS, it
is a policy of the government to promote the integrated development of
agriculture, natural resources, infrastructure and social services in
underdeveloped areas to solidify the economic and social structure of
our society;chanroblesvirtualawlibrary
WHEREAS, the success of the project requires that the management and
planning of the island be comprehensive, decentralized, and framed
within regional and national plans; chanroblesvirtualawlibrary
WHEREAS, there is an urgent need to enhance the organizational
framework and systems capability for planning, managing and monitoring
this integrated development project;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, in order to
ensure the success of this project, do hereby order and decree the
following:cralaw:red
Section 1. Declaration of Policy. — The Samar
Integrated Rural Development Project, identified as the fourth
Integrated Rural Development Project of the Philippines, hereinafter
referred to as the project, is hereby declared an integrated rural
development project of the national government under the direct
supervision of the Cabinet Coordinating Committee on Integrated Rural
development projects of the National Economic and Development
Authority. The Cabinet Coordinating Committee on Integrated Rural
development Projects, as created in Letter of Instructions No. 99 and
stipulated in Presidential Decree No. 805, is composed of the Secretary
of Agriculture as Chairman, of Public Work as Vice-Chairman, with the
Secretaries of Finance, Public Highways, Natural Resources, Local
Governments and Community Development, Agrarian Reform, National
Economic and Development Authority, and the Office of the President, as
members. The Cabinet committee shall be charge with the planning and
implementation of all rural development projects in the country. The
following policies are adopted for the effective implementation
thereof. (a) to integrate national and local government programs and
projects within its jurisdiction; and (b) to decentralize the planning
and implementation of rural development projects.
Section 2. Cabinet Coordinator for the Project. — The
Secretary of Local Governments and Community Development shall be the
Cabinet Committee Coordinator for the Project and shall act for the
chairman of the Cabinet Coordinating Committee in all administrative
matters, in accordance with the broad policies and guidelines
established by the Cabinet Committee. As Cabinet Committee Coordinator
he shall have the following powers and functions:cralaw:red
a. Oversee the coordination of the planning and
implementation of the project;chanroblesvirtualawlibrary
b. Review the project's consolidated plans, budgets,
and work programs and recommend approval by the Cabinet Committee;chanroblesvirtualawlibrary
c. Arrange and/or negotiate with local and foreign
financing institutions, subject to approval by the Cabinet Committee
for the funding of rural development projects in the area;chanroblesvirtualawlibrary
d. Approve requests of the implementing departments
and agencies for budget releases for projects in accordance with the
consolidated plans, budgets and work programs approved by the Cabinet
Committee; Provided, that such approval shall be subject to the
availability of funds in accordance with the existing budgetary policy,
laws, rules and regulations which shall be secured from the
President; chanroblesvirtualawlibrary
e. Appoint the Project Director;chanroblesvirtualawlibrary
f. Bring to the attention of the Cabinet Committee
matters that require its urgent considerations.
Section 3. Creation and Domicile of the Samar
Integrated Rural Development project Office and the Samar Field
Offices. — There is hereby created a Samar Integrated Rural Development
project Office, hereinafter referred to as the Project Office, which
shall be under the supervision of the Cabinet Committee, through the
Cabinet Committee Coordinator, for the purposes of coordinating the
planning and implementation of the project by the implementing
departments and agencies at the national and local levels unless
otherwise decreed, the jurisdiction of the Project shall cover the
provinces of Northern, Eastern, and Western Samar.
The Project Office shall be headed by a Project Director who shall
maintain a technical and management staff to assist him to performance
of his duties and responsibilities.
Samar Field Offices for Northern, Eastern, and Western Samar shall be
set up to facilitate the implementation of plans and programs for the
areas. Project Officers to be appointed by the Project Director shall
head each of the offices. The Project Officers shall maintain a
technical and management staff for effective implementation of the
areas' plans and programs.
Section 4. Appointment, Tenure of Office,
Qualifications and Compensation of the Project Director. — The Project
Director of the Samar office shall be appointed by the Cabinet
Committee Coordinator. He shall serve until such time as the Samar
project Office is dissolved, unless sooner removed from office for
cause by the Cabinet Committee Coordinator. chanroblesvirtualawlibrary
The appointee to the position of Project Director shall possess the
following qualifications:cralaw:red
a. A natural-born citizen of the Philippines;chanroblesvirtualawlibrary
b. Of legal age and residing in the Philippines;chanroblesvirtualawlibrary
c. A proven record of executive competence in the
field of public administration and/or infrastructure projects or in the
management of agricultural, industrial and similar programs.
The annual compensation and allowances of the Project Director shall be
fixed by the Cabinet Coordinating Committee.
Section 5. Powers and Functions of the project
Director. — The Project Director of the Samar Officers shall exercise
the following powers and functions;chanroblesvirtualawlibrary
a. Directly coordinate the activities of all
implementing departments and agencies in the planning and
implementation of the projects;chanroblesvirtualawlibrary
b. Monitor the progress and evaluate the effects of
project execution by the implementing departments and agencies;chanroblesvirtualawlibrary
c. Submit periodic financial and work accomplishment
reports relating to project implementation to the Cabinet Coordinating
Committee;chanroblesvirtualawlibrary
d. Approve and consolidate requests for budget
releases for the projects by the implementing departments and agencies
and forward the same to the Budget Commission for released of funds;chanroblesvirtualawlibrary
e. Keep and maintain records of all equipment and
services procured under the Project and collect and consolidate all
project accounts maintained by the implementing departments and
agencies;chanroblesvirtualawlibrary
f. Organize, appoint, remove and/or discipline the
personnel of its technical and management staff;chanroblesvirtualawlibrary
g. Adopt and promulgate administrative rules and
procedures for the internal management of the Samar Office and its
provincial project offices;chanroblesvirtualawlibrary
h. Call upon any department, bureau, office, agency,
instrumentality or any political subdivision of the government to
assist in the planning and implementation of the Project;chanroblesvirtualawlibrary
i. Apply for, receive and accept grants and donation
of funds, equipment, materials and services needed by the Project from
sources within and outside the Philippines;chanroblesvirtualawlibrary
j. Prepare feasibility studies for newly identified
rural development projects for Samar provinces as authorized by the
Cabinet Coordinating Committee;chanroblesvirtualawlibrary
k. Perform such functions as are inherently necessary
in the operational management of the project in accordance with the
policies and guidelines formulated by the Cabinet Coordinating
Committee. chanroblesvirtualawlibrary
Section 6. Staff Appointments. — In accordance with
the staffing pattern to be recommended by the Cabinet Coordinator and
to be approved by the Budget Commission, the project Director shall
appoint the other personnel of the project and define their duties and
responsibilities; Provided, that the Project may employ personnel on
part-time basis, any provision of law to the contrary notwithstanding.
Section 7. Creation, Composition and Functions of the
project Coordination Committee. — For the purpose of providing
operating policies and guidelines, for the day-to-day operations of the
project Office, there is hereby created a Samar Integrated Rural
Development project Coordination Committee, hereinafter referred to as
the Project Coordination Committee. It shall be composed of the Project
Director as chairman, the National Economic and Development Authority
Region 8 Director as vice-chairman, with the governors of Western
Samar, Eastern Samar and Northern Samar, the Project Officers of the
three Samar provinces, and the various representatives of the
Departments of Public Works, Transportation and Communications,
Agriculture, Natural Resources, Local Governments and Community
Development, Agrarian Reform, Health, Education and Culture, Public
Highways and National Irrigation Administration, as members.
Section 8. Function of the Project Coordination
Committee. — The Samar Project Coordination Committee shall have the
following functions:cralaw:red
a. Provide planning and management policies and
guidelines for the day-to-day operations of the project Office;chanroblesvirtualawlibrary
b. Insure that plans and programs for the Samar
Integrated Areas Development Program conform with the overall
development plan for Region 8;chanroblesvirtualawlibrary
c. Serve as a forum to resolve problems of
inter-agency coordination at the Samar island level and promote and/or
institute remedial measures for facilities of project implementation;
and
d. Perform such other duties as may be assigned to it
by the Cabinet Committee. chanroblesvirtualawlibrary
Section 9. Role, Functions and Responsibilities of
the Implementing Departments and Agencies. — All designated
implementing departments and agencies shall be responsible for the
execution of the projects assigned to the Project Director, and shall
submit to the Cabinet Coordinating Committee through the Project
Director their respective annual project plans, budgets and the
corresponding work programs for approval within three (3) months before
the start of the ensuing calendar year. They shall also submit the
financial and work plans for every request for budget release and
periodic reports containing results of operations to the Cabinet
Committee Coordinator.
Section 10. Expenditures and Disbursements. —
Identified projects of the program funded by foreign or international
institutions shall be exempt from any government ban and restriction
against purchases of equipment and non-expendable and semi-expendable
properties.
Section 11. Exemption from Taxes. — Any provision of
existing laws to the contrary notwithstanding, any donation,
contribution, bequest, subsidy or financiald which may be made to the
projects shall be exempt from taxes of any kind and shall constitute
allowable deductions in full from the income of the donors and donees
for income tax purposes.
Section 12. Auditing System. — The Commission on
Audit shall assign an auditor to the Project in accordance with
existing laws, rules and regulations. The Auditor shall submit to the
Cabinet Committee consolidated project financial report within sixty
(60) days after the close of each calendar year. chanroblesvirtualawlibrary
Section 13. Appropriations. — For the Samar Project
Office and the three Field Office in Samar, the amount of FIVE MILLION
PESOS (P5,000,000.00) is hereby appropriated out of any available funds
from the National Treasury, not otherwise appropriated. For the
succeeding fiscal year, until its termination, the budgetary
requirements shall be provided for in the General Appropriations Act of
the government in such amounts as shall be adequate for the purpose.
For the Secretariat of the Cabinet Coordinating Committee on Integrated
Rural Development Projects (CCC-IRDP) as stipulated in Presidential
Decree No. 805, the amount of TWO MILLION PESOS (P2,000,000.00) is
hereby appropriated out of any available funds from the National
Treasury, not otherwise appropriated. Thereafter, funds sufficient to
fully carry out the objectives of the Cabinet Coordinating Committee on
Integrated Rural Development Projects shall be appropriated every
fiscal year in the General Appropriations Act.
Section 14. Separability Clause. — If any provision
of this Decree shall be invalid, the remainder shall continue to be
operative.
Section 15. Repealing Clause. — All laws, decrees,
executive orders, administrative orders, rules and regulations, or
parts thereof, which are inconsistent with any provision of this Decree
are hereby repealed or modified accordingly. chanroblesvirtualawlibrary
Section 16. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 15th day of November, in the year of Our Lord, nineteen hundred
and seventy-six.
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