WHEREAS, it
is the policy of the Government to promote the proper development,
control and utilization of the total water resources of the country in
order to bring about its accelerated socio-economic development;chanroblesvirtualawlibrary
WHEREAS, the Cotabato and Agusan River Basins, with the current and
prospective uses of their combined water resources, are major
determinants of the complex of human activities in the country;chanroblesvirtualawlibrary
WHEREAS, a comprehensive plan for the development of the water and
related resources of the two basins has been adopted by the National
Water Resources Council;chanroblesvirtualawlibrary
WHEREAS, based on this comprehensive plan, there is an urgent for the
integrated and coordinated planning and prosecution of specific
projects and programs to meet the present and future requirements of
irrigation, power, flood control, domestic and industrial water supply,
watershed management and related socio-economic activities in the two
basins.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution do hereby
order and decree: chanroblesvirtualawlibrary
Section 1. Cotabato-Agusan River Basin Program
Office and Field Offices. — There is hereby created a Cotabato-Agusan
River Basin Program Office, hereinafter referred to as the Program
Office, which shall be attached to the Department of Public Works,
Transportation and Communications and under the supervision of the
Executive Committee for the Program created under Section 2 hereof,
through its Chairman. The Program Office shall coordinate and supervise
the planning and implementation of the water resources and related
development activities of the Cotabato-Agusan River Basin Development
Program as adopted by the National Water Resources Council, hereinafter
called the Program covering the municipalities of Bunawan, Bayugan,
Esperanza, La Paz, Loreto Prosperidad, Rosario, San Francisco, San
Luis, Sta. Josefa, Talacogon, Trento, Veruela, in the province of
Agusan del Sur, and the municipalities of Buenavista, Magallanes,
Cabadbaran, Las Nieves and the City of Butuan in the province of Agusan
del Norte, and the municipalities of Asuncion, Compostela, Mabini,
Monkayo, Montevista, Nabunturan, New Bataan and Panturan in the
province of Davao del Norte and the municipality of Boston in Davao
Oriental, and the municipality of Claveria in Misamis Oriental, and the
municipalities of Barobo, Lianga, Marihatag, San Agustin, Oteiza, San
Miguel, Tagbina in the province of Surigao del Sur, and the
municipalities of Impasugong, Malaybalay, Malitubog, Dangcagan, Don
Carlos, Kalilangan, Kibawe, Kitao-tao, Lantapan, Maramag, Pangantocan,
Quezon, San Fernando, Valencia in the province of Bukidnon, and the
municipalities of Alamada, Carmen, Kabacan, Kidapawan, Libungan,
Magpet, Makilala, Matalam, Midsayap, M'lang, Pigakawayan, Pikit,
President Roxas, Tulunan, and the municipalities of Kiamba, Surallah,
Banga, Tampacan, Tupi, Tantangan, Koronadal, Norala in the province of
South Cotabato, and the municipalities of Lebak, Kalamansig,
Bagumbayan, Isulan, Esperenza, Colombio, Marcos, Tacurong, Ampatuan,
Quirino, Lutayan, in the province of Sultan Kudarat, and the
municipalities of Datu Paglas, Buluan, Sultan Kudarat, Datu Piang,
Maganoy, Pagalungan, Sultan sa Barongis, Tumbao, Upi, Buldon, and the
City of Cotabato in the province of Maguindanao, and the municipality
of Wao in the province of Lanao del Sur and other areas as within the
water-sheds of the Cotabato and Agusan River Basins.
The Program Office shall have its principal offices in Davao City.
Field Offices shall be set up in Cagayan de Oro City and Cotabato City.
Section 2. Executive Committee of the Program. —
There is hereby created an Executive Committee, attached to the
Department of Public Works, Transportation and Communications, which
will shall serve as the policy-making and governing body of the
Program. The Executive Committee shall be composed of the Secretary of
Public Works, Transportation and Communications as Chairman, and the
Secretary of Economic Planning, the Secretary of Agriculture, the
Secretary of Natural Resources, the Secretary of Energy, the
Presidential Assistant on Economic and Development Affairs, the
Administrator of the National Irrigation Administration, the General
Manager of the National Power Corporation, the Commissioner of Region
XII, and the Chairmen of the Regional Development Councils of Regions X
and XI, as members.
The Executive Committee, through its Chairman, shall exercise and
discharge the following powers and functions. chanroblesvirtualawlibrary
(a) Formulate policies and guidelines related to the
implementation and management of the Program;chanroblesvirtualawlibrary
(b) Oversee the coordination of the planning and
implementation of the Program;chanroblesvirtualawlibrary
(c) Authorize the Program Director hereinafter
referred to and/or the implementing departments or agencies to prepare
feasibility studies for identified water and related resources
development projects in the Cotabato and Agusan River Basins;chanroblesvirtualawlibrary
(d) Arrange and/or negotiate with local and foreign
financial institutions for the funding of identified water and related
resources development projects in the Cotabato and Agusan River Basins;chanroblesvirtualawlibrary
(e) Review the Program's consolidated plans, budgets
and work programs;chanroblesvirtualawlibrary
(f) Call upon any department, bureau, office,
instrumentality or any political subdivision of the government for any
assistance it may need in the performance of its functions;chanroblesvirtualawlibrary
(g) Exercise other inherent powers and policy-making
functions.
Section 3. Program Director. — The Program Office
shall be headed by a Program Director who shall be appointed by the
Executive Committee and shall serve until the completion of the
Program, unless sooner removed from office for cause by the Executive
Committee. The Program Director shall be a natural-born Filipino
citizen, of legal age, of good moral character, and with a proven
record of competence in the field of administration and management of
infrastructure, agricultural and related programs. The annual
compensation and allowances of the Program Director shall be fixed by
the Executive Committee. chanroblesvirtualawlibrary
The Program Director shall exercise the following powers and functions.
(a) Directly coordinate the activities of the
implementing departments and agencies concerned in the planning and
implementation of the Program and its component projects;chanroblesvirtualawlibrary
(b) Review and integrate the plans, programs,
projects, and budget proposals for the Program for consideration by the
Executive Committee, and forward the same to the Budget Commission for
the release of funds;chanroblesvirtualawlibrary
(c) Monitor the progress and evaluate the effects of
Program execution by the implementing departments and agencies, and
submit quarterly periodic progress reports to the Executive Committee
and the Office of the President;chanroblesvirtualawlibrary
(d) Manage the Program Office and Adopt
administrative rules and procedures for its internal management; and
(e) Perform such functions as are inherently
necessary in the operational management of the Program. chanroblesvirtualawlibrary
Section 4. Staff Appointments. — In accordance with
the Staffing pattern to be recommended by the Executive Committee and
approved by the Budget Commission, the Program Director shall appoint
the other personnel of the Program Office and define their duties and
responsibilities; Provided, that all, technical and professional
positions shall be exempt from the rules and regulations on wage and
position classification and shall be provided with a salary rate to be
determined in accordance with the possessed skills, experiences,
educational attainment and the degree of specialization by the proper
authorities concerned. Personnel of the existing Cotabato-Agusan River
Basin Development Project Office shall be absorbed by the Program
Office created by virtue of this Decree. They shall be provided a
salary rate not lower than the present rate including other emoluments
they are actually receiving; Provided, further, that the Program Office
may employ personnel on a part-time basis, any provision of law to the
contrary notwithstanding. chanroblesvirtualawlibrary
Section 5. Role, Functions and Responsibilities of
the Implementing Departments and Agencies. — All designated government
departments and agencies shall execute the planning and project
components of the programs assigned to them and shall submit for
approval to the Executive Committee, through the Program Director,
their respective annual project plans, budgets and the corresponding
work programs within three months before the start of the ensuing
calendar year. They shall also submit to the Program Director the
financial and work plans for every request for budget release as well
as periodic reports containing results of their respective program
operations.
Section 6. Appropriations. — The amount of three
million pesos (P3,000,000) is hereby authorized to be appropriated out
of funds of the National Treasury not otherwise appropriated, as
operating funds of the Program Office and the two Field Offices.
Thereafter, funds sufficient to fully carry out the objectives of the
Program shall be appropriated every fiscal year in the General
Appropriations Act.
Section 7. Separability Clause. — If any provision
of this Decree shall be invalid, the remainder shall continue to be
operative.
Section 8. Repealing Clause. — All laws, decrees,
executive orders, rules and regulations, or parts thereof, which are
inconsistent with any provision of this Decree are hereby repealed or
modified accordingly. Memorandum Order No. 518 dated June 16, 1975, is
hereby repealed and the properties, assets, records, unexpended funds
and necessary personnel of the Inter-Agency Coordinating Committee for
the development of the Cotabato and Agusan River Basins are hereby
transferred to the Cotabato-Agusan River Basin Program Office created
under this Decree.
Section 9. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
|