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PRESIDENTIAL DECREE NO. 1189
PRESIDENTIAL DECREE NO. 1189 -
IMPLEMENTING THE CAGAYAN INTEGRATED AGRICULTURAL DEVELOPMENT PROJECT,
PROVIDING FUNDS THEREFORE AND FOR OTHER PURPOSES
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WHEREAS, it
is the policy of the Government to promote and accelerate the
integrated development of agriculture, natural resources,
infrastructure and social services in underdeveloped areas in order to
improve the existing physical, economic and social structure of
Philippine society;chanroblesvirtualawlibrary
WHEREAS, a Cabinet Coordinating Committee on Integrated Rural
Development Projects of the National Economic and Development Authority
was organized under Letter of Instructions No. 99 later reconstituted
under Presidential Decree No. 805 to act as the policy making and
governing body of all integrated rural development projects;chanroblesvirtualawlibrary
WHEREAS, an integrated rural development project has been adopted for
the Cagayan Province as the third integrated rural development Project
of the Philippines under the direct supervision of the Cabinet
Coordinating Committee on Integrated Rural Development Projects;chanroblesvirtualawlibrary
WHEREAS, there is a need to create the machinery that will implement
the Cagayan Integrated Agricultural 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 the project, do hereby order and decree the
following:cralaw:red
Section 1. Declaration of Policy. — The Cagayan
Integrated Agricultural Development Project identified as the third
integrated rural development project of the Philippines, hereinafter
referred to as the Project, is hereby declared as a 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 following policies are
adopted for the effective implementation thereof; (a) to integrate
national and local government agencies into a working team for the
planning and implementation of rural development projects; (b) to
decentralize the planning and implementation of rural development
projects at the local level.
Section 2. Cabinet Coordinator for the Project. — The
Cabinet Committee shall designate a member of the Cabinet to act as
Cabinet coordinator for the Project. He shall act for the Cabinet
Committee in all administrative matters in accordance with the broad
policies and guidelines established by the Cabinet Committee. As
Cabinet 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, budget
and work progress and recommend approval by the Cabinet Committee;chanroblesvirtualawlibrary
c. Recommend to the Budget Commission through the
Chairman of the Cabinet Committee approval of the requests of
implementing departments and agencies for budget releases for projects
in accordance with the consolidated plans, budget and work program
approved by the Cabinet Committee;chanroblesvirtualawlibrary
d. Arrange and negotiate with local and foreign
financing institutions, subject to the approval by the Cabinet
Committee, for the finding of rural development projects in Cagayan
province, in addition to the loan granted by the Government of Japan
through the Overseas Economic Cooperation Fund;chanroblesvirtualawlibrary
e. Call upon any department, bureau, office,
instrumentality or any political subdivision of the government for such
assistance that may be needed in achieving the objectives of the
Project;chanroblesvirtualawlibrary
f. Bring to the attention of the Cabinet Committee
matters requiring urgent consideration; and
g. Exercise such other related powers as may be
delegated by the Cabinet Committee.
Section 3. Creation and Domicile of the Cagayan
Integrated Agricultural Development Project Office. — There is hereby
created a Cagayan Integrated Agricultural Development Project Office,
hereinafter referred to as the Project Office, which shall be under the
supervision of the Cabinet Committee, through the Cabinet Coordinator,
for the purpose of coordinating the planning and implementation of the
projects by the implementing departments and agencies at the national
and provincial levels. The project Office shall have its principal
office in Cagayan Province. It shall also have a Manila Liaison Office
for the purpose of facilitating supportive action the Secretariat of
the Cabinet Committee, and such sub-office as may be necessary in any
municipality within the Project area. The project Office shall be
headed by a Project Director.
Section 4. Powers and Functions of the Project
Office. — The Project Office shall have the following powers, duties
and functions: chanroblesvirtualawlibrary
a. Serve as a coordinating center for inter-agency
planning and implementation of the Project;chanroblesvirtualawlibrary
b. Identify rural development projects/sub-projects
in Cagayan Valley for inclusion in the adopted integrated rural
development program;chanroblesvirtualawlibrary
c. Prepare feasibility studies for identified project
for the Cagayan province as authorized by the Cabinet Committee;chanroblesvirtualawlibrary
d. Coordinate requests for budget releases and
monitor the accounts and disbursements of loan proceeds received by the
different implementing agencies;chanroblesvirtualawlibrary
e. Monitor and evaluate the progress and effects of
projects implementation of the Project area;chanroblesvirtualawlibrary
f. Maintain a feedback system with national agencies
involved in integrated rural development projects in Cagayan;chanroblesvirtualawlibrary
g. Call on the appropriate department, bureau,
office, agency, or other government instrumentality for assistance in
the discharge of its duties;chanroblesvirtualawlibrary
h. Establish a quarterly reporting system to the
Cabinet Committee for monitoring and evaluation purposes; and
i. Perform such other related functions as may be
necessary to attain the objectives of this Decree.
Section 5. Powers and Functions of the Project
Director. — The Project Director shall exercise the following powers
and duties; chanroblesvirtualawlibrary
a. Execute and administer the policies, guidelines
and decisions of the Cabinet Committee;chanroblesvirtualawlibrary
b. Organize and manage the Project Office and adopt
administrative rules and procedures for its internal operations and
management;chanroblesvirtualawlibrary
c. Directly coordinate the activities of all
implementing departments and agencies in the planning and
implementation of the Project;chanroblesvirtualawlibrary
d. Call upon any department, agency, bureau, office,
instrumentality or any political subdivision of the Government to
assist in the planning and implementation of the Project;chanroblesvirtualawlibrary
e. Consolidate requests for budget releases of
projects of the implementing departments and agencies in accordance
with the consolidated plans, budgets and programs of work approved by
the Cabinet Committee;chanroblesvirtualawlibrary
f. Collect and consolidate all project accounts under
the Project maintained by the implementing departments and agencies;chanroblesvirtualawlibrary
g. Ensure that all conditions contained in the loan
agreement executed between the Philippine Government and the Government
of Japan through the Overseas Economic Cooperation Fund (OECF) are
faithfully complied with by all concerned in the implementation of the
Project;chanroblesvirtualawlibrary
h. Submit periodic financial and work accomplishment
reports relating to project implementation to the Cabinet Committee,
the Budget Commission, National Economic and Development Authority and
other agencies concerned through the Cabinet Coordinator;chanroblesvirtualawlibrary
i. Submit audited project accounts containing the
auditor's opinion to the Overseas Economic Cooperation Fund (OECF)
within four (4) months at the close of each fiscal year; chanroblesvirtualawlibrary
j. Apply for, receive and accept grants and donation
of funds, equipment, materials and services needed by the Project from
resources within and outside the Philippines through the Cabinet
Committee;chanroblesvirtualawlibrary
k. Enter into contract with private or public
entities in connection with the functions of the Project Office subject
to the approval of the Cabinet Coordinator and the Cabinet Committee.
l. Perform such other functions as may be prescribed
by the Cabinet Coordinator.
Section 6. Appointment, Qualifications and
Compensation of the Project Director. — The project Director shall be
appointed by the Chairman of the Cabinet Committee upon the
recommendation of the Cabinet Coordinator and may be removed for cause.
The appointee to the position of the Project Director shall possess the
following qualifications:cralaw:red
a. A Natural born citizen of the Philippines;chanroblesvirtualawlibrary
b. At least thirty (30) years of age; and
c. A proven record of executive competence in the
field of public administration and/or infrastructure projects or in the
management of agricultural or rural projects. chanroblesvirtualawlibrary
The Project Director shall receive an annual compensation to be fixed
by the Cabinet Committee.
Section 7. Creation, Composition and Functions of the
Project Coordinator Committee. — A project Coordination Committee is
hereby created to serve as a forum in providing and ensuring technical
coordination among the agencies and offices concerned in the Project
area.
It shall be composed of the Project Director as Chairman, with the
following as members; Governor of Cagayan, Region II Regional Directors
of the National Economic and Development Authority, National Irrigation
Administration, National Electrification Administration, Department of
Public Highways, Bureau of Public Works, Department of Agrarian Reform,
Department of Local Governments and Community Development, Bureau of
Agriculture Extension, Bureau of Plant Industry, Bureau of Soils and a
representative of the Cagayan Valley Agricultural Research Complex of
the Philippine Council for Agricultural and Resources Research.
Section 8. Powers and Functions of the Project
Coordination Committee. — The Project Coordination Committee shall have
the following powers and functions.
a. Formulate the annual work plan of the Project
based on defined policies, instructions and guidelines for
implementation;chanroblesvirtualawlibrary
b. Review plans and programs prior to submission to
the Cabinet Coordinator;chanroblesvirtualawlibrary
c. Maintain continuous coordination among agencies
concerned for the effective implementation of the Project; chanroblesvirtualawlibrary
d. Serve as a forum in solving technical and
inter-agency managerial problems at the provincial level and propose or
institute immediate remedial measures;chanroblesvirtualawlibrary
e. Ensure that plans of the Project conform with the
overall development plan for the region;chanroblesvirtualawlibrary
f. Exercise such other powers and functions as may be
assigned by the Cabinet Coordinator.
Section 9. Rules, Functions and Responsibilities of
the implementing Departments and Agencies. — The major implementing
departments and agencies shall perform the following;chanroblesvirtualawlibrary
a. The Department of Agriculture. — act as the
coordinating lead agency of the whole Project and support major
services related to agricultural development, and to provide the
establishment of the Agricultural Pilot Center.
b. The National Irrigation Administration. — Act as
the executing agency in the construction, operation and maintenance of
irrigation, drainage facilities and service roads and support major
aspects of infrastructure development.
c. The National Electrification Administration. — act
as the executing agency in the installation, operation and maintenance
of rural electrification facilities and support major aspects related
to the power supply of the Province.
d. The Department of Public Works, Transportation and
Communications. — finalize the design and supervise the construction of
the Agricultural Pilot Center and support projects related to
waterworks systems and other infrastructure projects. chanroblesvirtualawlibrary
e. The Department of Public Highways. — implement
projects pertaining to the improvement, construction and maintenance of
barangay roads and support projects related to road systems.
f. The Department of Agrarian Reform. — implement
projects involving operation land transfer, negotiate building sites,
other land operations and support major projects related to social
development.
g. The Department of Local Governments and Community
Development. — act on projects pertaining to the organization of
farmers, management of farmer's cooperatives and support services for
rural development.
h. The Provincial Government of Cagayan. — provide
local leadership and political support at the municipal and barangay
levels.
Each implementing department and agency shall submit within the first
three months of the current year to the Project Office for
consolidation and submission to the Cabinet Committee through the
Cabinet Coordinator their respective annual project plans, budget, and
the corresponding work program for the ensuing calendar year. They
shall also submit to the Project Office financial and work plans
specifying the local and foreign fund components for every request for
budget releases and periodic reports containing results of operations.
Section 10. Local Participations. — The local
governments, both provincial and municipal, in the areas affected by
the project may participate in the implementation thereof by providing
commodity and services, as well as real property and additional
financing.
Section 11. Observance of Terms and Conditions of the
Loan Agreement. — All departments and agencies including the provincial
government offices concerned with the planning and implementation of
the Project are hereby enjoined to observe strictly all the terms and
conditions embodied in the Loan Agreement executed between the
Philippine Government and the Government of Japan through the Overseas
Economic Cooperation Fund (OECF), and other loan agreements which may
be entered into by the Government of the Philippines. chanroblesvirtualawlibrary
Section 12. Staff Appointment. — 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 in accordance with the approved personnel policies of the
Cabinet Committee the other personnel of the Project and define their
duties and responsibilities: Provided, that the Project may be employ
personnel on part-time basis, any provision of law to the contrary
notwithstanding.
Section 13. Loan Authorization and Appropriations. —
The loan in the amount of TWENTY TWO MILLION U.S. DOLLARS (U.S.
$22,000,000) obtained through the Overseas Economic Cooperation Fund
shall finance partially the implementation of the Cagayan Integrated
Agricultural Development Project.
The appropriate Philippine government counterpart funds for each of the
Project's components shall be made available through the usual
government budgetary systems and procedures. For this purpose, each
implementing department and agency shall keep a separate account for
the implementation of the project/projects under their concern.
The sum of FIVE MILLION PESOS (P5,000,000) is hereby released
immediately to the Cabinet Committee for the initial operations of the
Cagayan Integrated Agricultural Development Project Office and the
Agricultural Pilot Center in Cagayan and the additional sum of TWO
MILLION PESOS (P2,000,000) for the expansion phase of the Project with
in the region or for such other projects as may be determined by the
Cabinet Committee, the said funds to be allocated from the Special
Activities Fund under the National Priorities Support Fund, P.D. 1050.
Section 14. Auditing System. — The Commission on
Audit shall assign an auditor/auditors to the Project in accordance
with existing laws, rules and regulations. The auditor/auditors shall
submit to the Project Director a consolidated project financial report
within 3 months after the close of each fiscal year for transmittal to
the Overseas Economic Cooperation Fund.
Section 15. Accountability of Implementing Units for
Project Commodity Requirements. — All vehicles, equipment and
machineries procured with the Project fund shall be under the
accountability of the implementing departments and agencies including
the provincial government. These shall be used solely for the
implementation of the Project and shall be disposed afterwards in
accordance with the terms and conditions set forth under the Loan
Agreements executed between the Philippine Government and the
Government of Japan through the Overseas Economic Cooperation Fund
(OECF) and other lending institutions.
Section 16. Separability Clause. — If any provision
of this Decree be invalid, the remainder shall continue to be operative.
Section 17. 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.
Section 18. Effectivity. — This Decree shall take
effect immediately.
DONE in the City of Manila,
this 30th day of August in the year of Our Lord, Nineteen hundred and
seventy-seven.
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