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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1618
PRESIDENTIAL DECREE NO. 1618 -
IMPLEMENTING THE ORGANIZATION OF THE SANGGUNIANG PAMPOOK AND THE LUPONG
TAGAPAGPAGANAP NG POOK IN REGION IX AND REGION XII AND FOR OTHER
PURPOSES
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chanroblesvirtualawlibrary
WHEREAS, on
February 14, 1977, Presidential Decree No. 1092, as amended, was
promulgated calling for a referendum-plebiscite on April 17, 1977 in
the thirteen provinces of Southern Philippines; chanroblesvirtualawlibrary
WHEREAS, on February 15, 1977, the Batasang Bayan passed Resolution No.
11 recommending the promulgation of a decree attached to such
resolution, providing for the functions, powers and composition of the
Sangguniang Pampook (Regional Assembly) and for other purposes;chanroblesvirtualawlibrary
WHEREAS, on March 25, 1977, Proclamation No. 1628 was issued declaring
autonomy in Southern Philippines;chanroblesvirtualawlibrary
WHEREAS, included in the aforementioned referendum plebiscite as
Question No. 10 was the proposal of the Batasang Bayan in its
Resolution No. 11 to create a Sangguniang Pampook and a Lupong
Tagapagpaganap ng Pook (Regional Executive Council);chanroblesvirtualawlibrary
WHEREAS, on April 17, 1977, the aforementioned Question No. 10 was
overwhelmingly approved by the qualified voters of the thirteen
provinces in Southern Philippines with 2,499,375 affirmative votes;
65,612 negative votes; and 21,176 abstentions; chanroblesvirtualawlibrary
WHEREAS, on May 7, 1977, Proclamation No. 1628-A was issued proclaiming
the adoption and implementation of the results of the
referendum-plebiscite of April 17, 1977, particularly the Batasang
Bayan proposal contained in its Resolution No. 11 and included as
Question No. 10 of the said referendum-plebiscite;chanroblesvirtualawlibrary
WHEREAS, on March 23, 1979, in pursuance of such Proclamation No.
1628-A, Batas Pambansa Blg. 20 was enacted providing for the
organization of the Sangguniang Pampook in each of Regions IX and XII,
providing funds therefor, and for other purposes; chanroblesvirtualawlibrary
WHEREAS, on May 7, 1979, by authority of the said Batas Pambansa Blg.
20, the election of the representative to the Sangguniang Pampook in
Regions IX and XII was held and the successful candidates thereto have
already been proclaimed and duly qualified;chanroblesvirtualawlibrary
WHEREAS, in order to fully comply with the mandate of the people
expressed through the referendum-plebiscite in Southern Philippines and
the provisions of Batas Pambansa Blg. 20, there is need for a
Presidential issuance to provide the framework of the organization of
the Sangguniang Pampook and the Lupong Tagapagpaganap ng Pook in
Regions IX and XII;chanroblesvirtualawlibrary
WHEREAS, the establishment of the Autonomous Regions will enhance the
attainment of peace and order, the acceleration of socio-economic
development, and the resettlement of displaced persons and families in
Region IX and XII;chanroblesvirtualawlibrary
WHEREAS, consistent with the provisions of autonomy, it would be
desirable to effect the turnover of responsibility for undertaking
development activities particularly at the community level to the
Autonomous Regions; and chanroblesvirtualawlibrary
WHEREAS, it is likewise consonant with the concept of autonomy to grant
such powers and authority to the Autonomous Regions as would enable
them to adopt and implement regional policies and legislation which are
germane to their particular needs and social and cultural values. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order the following:cralaw:red
CHAPTER I
General Provisions
Section 1. Definitions. — When used in this Decree:cralaw:red
(1) Constitution means the Constitution of the
Republic of the Philippines.
(2) President means the President of the Republic of
the Philippines.
(3) The Autonomous Regions means Region IX and Region
XII.
(4) Sangguniang Pampook means the Regional Assembly
for each Autonomous Region.
(5) Lupong Tagapagpaganap ng Pook means the Regional
Executive Council for each Autonomous Region.
(6) Lupon Chairman means the head of the Lupong
Tagapagpaganap ng Pook.
(7) Provided by law means provided by national law.
CHAPTER II
Autonomous Region
Section 2. Territorial Coverage of the Autonomous
Regions. — (a) Region IX shall comprise the provinces of Basilan, Sulu,
Tawi-Tawi, Zamboanga del Norte including the Cities of Dipolog and
Dapitan, and Zamboanga del Sur including the Cities of Pagadian and
Zamboanga.
(b) Region XII shall comprise the provinces of Lanao
del Norte including the City of Iligan, Lanao del Sur including the
City of Marawi, Maguindanao including the City of Cotabato, North
Cotabato, and Sultan Kudarat. chanroblesvirtualawlibrary
Section 3. Internal Autonomy. — Within the framework
of the national sovereignty and territorial integrity of the Republic
of the Philippines and its Constitution, internal autonomy shall be
established in the Autonomous Regions with legislative and executive
machinery to exercise the powers and responsibilities herein specified
in accordance with the provisions of the Constitution and the laws of
the Republic of the Philippines. chanroblesvirtualawlibrary
Section 4. Scope of Internal Autonomy. — The
Autonomous Regions shall undertake all internal administrative matters
for the respective regions. They shall not act on matter which are
within the jurisdiction and competence of the National Government,
which include, but are note limited to, the following:cralaw:red
(1) National defense and security;chanroblesvirtualawlibrary
(2) Foreign relations;chanroblesvirtualawlibrary
(3) Foreign trade;chanroblesvirtualawlibrary
(4) Currency, monetary affairs, foreign exchange,
banking and quasi-banking, and external borrowing;chanroblesvirtualawlibrary
(5) Disposition, exploration, development,
exploitation or utilization of all natural resources;chanroblesvirtualawlibrary
(6) Air and sea transport;chanroblesvirtualawlibrary
(7) Postal matters and telecommunications;chanroblesvirtualawlibrary
(8) Customs and quarantine;chanroblesvirtualawlibrary
(9) Immigration and deportation;chanroblesvirtualawlibrary
(10) Citizenship and naturalization;chanroblesvirtualawlibrary
(11) National economic, social and educational
planning; and
(12) General auditing chanroblesvirtualawlibrary
Section 5. Control of Security and/or Police Forces.
— All security and/or police forces in the Autonomous Regions shall be
organized, maintained and utilized in accordance with applicable laws,
policies and rules and regulations, and shall be under the supervision
and control of the National Government. chanroblesvirtualawlibrary
CHAPTER III
Sangguniang Pampook
Section 6. The Sangguniang Pampook. — The Sangguniang
Pampook in each region which is composed of twenty-one members, shall
include seventeen representatives elected from the different provinces
and component cities in each region, as follows:cralaw:red
Region IX — The provinces of Basilan, one representative; Sulu, three
representatives; Tawi-Tawi, one representative; Zamboanga del Norte
including the Cities of Dipolog and Dapitan, four representatives;
Zamboanga del Sur including the Cities of Pagadian and Zamboanga, eight
representatives;chanroblesvirtualawlibrary
Region XII — The provinces of Lanao del Norte including the City of
Iligan, three representatives; Lanao del Sur including the City of
Marawi, four representatives; Maguindanao including the City of
Cotabato, four representatives; North Cotabato, four representatives;
and Sultan Kudarat, two representatives; and sectoral representative
each from among the youth agricultural workers, non-agricultural
workers and professionals of the region.
The President shall appoint an additional five representatives whenever
in his judgment any other sector is not properly represented in the
Sangguniang Pampook as a result of the election.
Section 7. Powers of the Sangguniang Pampook. — The
Sangguniang Pampook shall exercise local legislative powers over
regional affairs within the framework of national development plans,
policies and goals, in the following areas:cralaw:red
(1) Organization of regional administrative system;chanroblesvirtualawlibrary
(2) Economic, social and cultural development of the
Autonomous Region;chanroblesvirtualawlibrary
(3) Agricultural, commercial and industrial programs
for the Autonomous Region;chanroblesvirtualawlibrary
(4) Infrastructure development for the Autonomous
Region;chanroblesvirtualawlibrary
(5) Urban and rural planning for the Autonomous
Region;chanroblesvirtualawlibrary
(6) Taxation and other revenue-raising measures as
provided for in this Decree;chanroblesvirtualawlibrary
(7) Maintenance, operation and administration of
schools established by the Autonomous Region; chanroblesvirtualawlibrary
(8) Establishment, operation and maintenance of
health, welfare and other social services, programs and facilities;chanroblesvirtualawlibrary
(9) Preservation and development of customs,
traditions, languages and culture indigenous to the Autonomous Region;
and
(10) Such other matters as may be authorized by law,
including the enactment of such measures as may be necessary for the
promotion of the general welfare of the people in the Autonomous Region.
The President shall exercise such powers as may be necessary to assure
that enactment and acts of the Sangguniang Pampook and the Lupong
Tagapagpaganap ng Pook are in compliance with this Decree, national
legislation, policies, plans and programs.
The Sangguniang Pampook shall maintain liaison with the Batasang
Pambansa.
Section 8. Staff Support. — The technical and
administrative support requirements of the Sangguniang Pampook shall be
as provided in Section 15. The administrative organization of the
Sangguniang Pampook shall be composed of the office of the presiding
officer and shall be assisted by a secretariat.
Section 9. Rules of Proceedings. — The Sangguniang
Pampook shall adopt its own rules of proceedings by a majority vote of
all its members, including the procedure for the selection of the
presiding officer. Pending the adoption of said rules, the Rules of the
Batasang Pambansa shall, as far as practicable, be made applicable to
the Sangguniang Pampook.
Section 10. Salary of Members. — Each member of the
Sangguniang Pampook shall receive an annual salary of Twenty-Four
Thousand Pesos (P24,000.00), chargeable against Sangguniang Pampook
funds.
Section 11. Term of Office. — The term of office of
members of the Sangguniang Pampook shall be three years and they shall
continue in office until their successors shall have been elected and
qualified. chanroblesvirtualawlibrary
Section 12. Privileges. — A member of the Sangguniang
Pampook may engage in business or in the practice of his profession
unless such activity will give rise to a conflict of interest by reason
of his position as such member, or unless he is concurrently the Lupon
Chairman or member of the Lupong Tagapagpaganap ng Pook.
Section 13. Establishment of Schools in the
Autonomous Region. — The Autonomous Region may establish educational
institutions such as schools, colleges and universities within the
framework of the national system of education as defined in the
Constitution and laws. Such educational institutions shall be operated
and maintained by the Autonomous Region.
All state colleges and universities whose main campuses are located in
the Autonomous Region shall assist and cooperate for the progress and
development of the region. For this purpose, the Lupon Chairman shall
designate his representative to sit as member of the governing boards
of these institutions in addition to the present members thereof.
CHAPTER IV
Lupong Tagapagpaganap ng Pook
Section 14. Composition of the Lupong Tagapagpaganap
ng Pook. — The Lupong Tagapagpaganap ng Pook shall be composed of a
Chairman and four members who shall be appointed by the President on
recommendation of the Sangguniang Pampook and who may or may not be
members thereof. Any elective official who is appointed Lupon Chairman
or member of the Lupong Tagapagpaganap ng Pook shall vacate his
elective position, except his being a member of the Sangguniang
Pampook. chanroblesvirtualawlibrary
Section 15. Staff Support. — The Lupong
Tagapagpaganap ng Pook shall have a staff support organization which
shall provide it with the necessary technical and administrative
assistance in the performance of its duties. This organization shall
likewise, initially provide the administrative and technical support
requirements of the Sangguniang Pampook. The administrative
organization of the Lupong Tagapagpaganap ng Pook shall initially be
composed of the Office of the Lupong Tagapagpaganap ng Pook proper
including (a) the Policy and Planning Service, (b) The Financial and
Management Service, and (c) the Administrative Service; and the Local
Governments Branch and the Regional Offices Branch. The Lupon Chairman
shall appoint the personnel of the administrative organization of the
Lupong Tagapagpaganap ng Pook. chanroblesvirtualawlibrary
Section 16. Term of Office. — The Lupon Chairman and
members of the Lupong Tagapagpaganap ng Pook shall have the same term
as the members of the Sangguniang Pampook. The President, on
recommendation of a vote not less than three-fourths (3/4) of all the
members of the Sangguniang Pampook, and for cause, may remove the Lupon
Chairman of any member of the Lupong Tagapagpaganap ng Pook.
Section 17. Salaries. — The Lupon Chairman and each
member of the Lupong Tagapagpaganap ng Pook shall receive an annual
salary of Fifty Thousand Pesos (P50,000.00) and Forty-Five Thousand
Pesos (P45,000.00), respectively. A member of the Sangguniang Pampook
who is appointed Lupon Chairman or a member of the Lupong
Tagapagpaganap ng Pook shall only receive the salary provided for
herein.
Section 18. Powers and Functions of the Lupong
Tagapagpaganap ng Pook. — (a) The Lupong Tagapagpaganap ng Pook shall
be the executive unit of the region. It shall implement or, where
appropriate, cause and supervise the implementation of policies,
programs and legislation enacted by the Sangguniang Pampook.
(b) Every legislative enactment of the Sangguniang
Pampook shall either be approved or vetoed by the Lupon Chairman within
thirty days from receipt thereof, otherwise it shall become law as if
it has been duly approved. In case of a veto, the Lupon Chairman shall
return the legislative enactment together with his objections to the
Sangguniang Pampook which may override the veto by two-thirds (2/3)
vote of all its members.
Section 19. Delineation of Functions Between the
Lupon Chairman and the Lupong Tagapagpaganap ng Pook as a Body. — The
Lupon Chairman shall be the chief executive officer of the staff of the
Lupong Tagapagpaganap ng Pook. He shall, in behalf of the Lupong
Tagapagpaganap ng Pook, be responsible for the day-to-day management of
the administration of the region. The Lupong Tagapagpaganap ng Pook
shall, as a body, formulate operational policies and such other policy
matters including approval of the budget of the Lupong Tagapagpaganap
ng Pook. The other members of the Lupong Tagapagpaganap ng Pook may be
given individual executive responsibility or definite areas of
assignments as may be deemed appropriate by the Lupon Chairman.
Section 20. Coordination. — The Lupon Chairman and
members of the Lupong Tagapagpaganap ng Pook shall be responsible to
the President and the Sangguniang Pampook for the proper administration
of the region. chanroblesvirtualawlibrary
They shall keep the President and the Sangguniang Pampook informed at
all times of the status of their administration and shall submit an
annual report thereon on or before the last day of March of each
year. chanroblesvirtualawlibrary
The Lupon Chairman shall, at the beginning of each regular session of
the Sangguniang Pampook and from time to time thereafter, present the
program of the Autonomous Region and recommend for the consideration of
the Sangguniang Pampook such measures as he may deem necessary and
proper.
CHAPTER V
Sources of Income and Taxation
Section 21. Sources of Income. — The sources of
income of the Autonomous Region shall consist of the following:cralaw:red
(1) Taxes, fees and charges;chanroblesvirtualawlibrary
(2) Appropriations and grants-in-aid from the
National Government;chanroblesvirtualawlibrary
(3) Amounts realized from commercial, industrial and
agricultural projects owned and/or controlled by the Autonomous Region
in accordance with national plans and policies;chanroblesvirtualawlibrary
(4) Amounts realized from the operations of public
utilities owned and operated by the Autonomous Region;chanroblesvirtualawlibrary
(5) Contributions from the local governments
comprising the Autonomous Region as may provided by law; chanroblesvirtualawlibrary
(6) A percentage of the national income from mines
and mineral resources from within the region as provided by law;chanroblesvirtualawlibrary
(7) Transfer of the proceeds of certain national and
local taxes as may be prescribed by law; and
(8) Donations, endowments, and other forms ofd from
individuals, organizations or governments in accordance with national
policy.
Section 22. Taxing Power. — The Sangguniang Pampook
may impose taxes, fees or charges through the enactment of regional tax
measures in accordance with such guidelines as may be issued by the
Minister of Finance.
Section 23. Annual Appropriations for the Autonomous
Regions. — An amount equal to at least one-thirteenth (1/13) of one
percent (1%) of the total national internal revenue tax collections not
otherwise accruing to any special account or special fund in the
general fund, to be computed on the basis of the collections of the
third fiscal year preceding the current fiscal year, is hereby
appropriated annually for each of the Autonomous Regions primarily to
defray their respective current operating expenses. This shall be
separated and distinct from the twenty percent (20%) national internal
revenue tax allotments to local governments provided for under
Presidential Decree No. 144.
CHAPTER VI
Budgeting and Accounting
Section 24. Projects Funded out of the Income of the
Autonomous Regions; Guidelines. — All projects funded from income
derived from the operations and exercise of taxing and other
revenue-raising powers of the Autonomous Region shall be subject only
to such budgetary guidelines as may be formulated by the Ministry of
the Budget.
Section 25. Budget Preparation and Processing. — The
Lupong Tagapagpaganap ng Pook shall, with respect to income sources
coming from the National Government, prepare the budget of the
Autonomous Region on the basis of functions, programs, projects or
activities in terms of expected results, and such budget shall be
submitted to the Sangguniang Pampook for enactment, and shall be
subject to the usual processing by the Ministry of the Budget before it
takes effect. The processing of the Ministry of the Budget shall be
subject to Section 38 of this Decree.
Section 26. Form and Content. — The budget of the
Autonomous Region shall primarily consist of two parts:cralaw:red
(1) The estimates of income certified collectible by
the Lupon Chairmans; and
(2) The total appropriations covering: chanroblesvirtualawlibrary
(a) Current operating expenditures; and
(b) Capital outlay.
Section 27. The Lupong Tagapagpaganap ng Pook
Budgetary System. — With the assistance of the Ministry of the Budget,
the Lupong Tagapagpaganap ng Pook shall issue rules and regulations as
may be necessary to install and maintain an effective budgetary system
and shall promulgate a budget operations manual to improve and
systematize methods, techniques and procedures employed in budget
preparation, authorization, execution and accountability as they apply
to the budget of the Autonomous Region.
Section 28. National Budgetaryd Release Channel and
Guideline. — All budgetaryd releases for regional projects of the
Autonomous Region shall be coursed through the Lupong Tagapagpaganap ng
Pook and shall be subject to such guidelines as may be issued by the
Ministry of the Budget.
Section 29. Release for Regional Projects in the
Autonomous Region; Guidelines. — The work programs of capital projects
in the Autonomous Region to be implemented by national government
agencies shall be coursed through the Lupong Tagapagpaganap ng Pook and
the fund releases therefor shall be made in accordance with the next
succeeding section.
Section 30. Releases for Undertaking Regional
Projects of National Government Offices. — Appropriations for regional
offices of national ministries and their agencies in Regions IX and XII
shall be released directly to the regional offices with copies
furnished the Lupong Tagapagpaganap ng Pook and the central offices
concerned. This procedure shall not however apply to government-owned
or controlled corporations.
Section 31. Regional Budget Hearings of Local
Governments and Regional Offices of Ministries in the Autonomous
Region; Guidelines. — Regional budget hearings of local governments, as
well as regional budget hearings of national ministries and their
agencies in the Autonomous Region, shall be made in coordination with
the Lupong Tagapagpaganap ng Pook.
Section 32. Regional Funds. — The collection,
custody, use disbursement and accounting of public funds in the
Autonomous Region shall be governed by laws and regulations which cover
similar local and national financial transactions.
Section 33. Audit of Accounts. — The accounts of the
Autonomous Region shall be audited by the Commission on Audit.
Section 34. Availment of Funds for Local Government
Units Projects in the Autonomous Region. — Releases for projects of
local government units within the Autonomous Region to be funded from
budgetaryds, grants and other national support shall be subject to the
recommendation of the Lupong Tagapagpaganap ng Pook before any such
releases are made, and any such releases shall be coursed through the
latter.
CHAPTER VII
Relationships with National and Local Governments and Other Entities
Section 35. Relationship with the National
Government. — (a) With respect to legislation, national laws shall be
supreme vis-a-vis regional laws enacted by the Sangguniang
Pampook. chanroblesvirtualawlibrary
(b) The President shall have the power of general
supervision and control over the Autonomous Regions. In this
connection, the President may call upon the Ministry of Local
Government and Community Development to assist him in the exercise of
his supervision over the Autonomous Regions, particularly in matters
relating to the administration of the regions and their relationships
with the local government units therein. chanroblesvirtualawlibrary
(c) The Lupong Tagapagpaganap ng Pook shall report
regularly to the President on the status of development programs in the
region and the performance of local government officials, and shall
make recommendations on any actions that should be taken by the
National Government to accelerate development efforts in the region.
Section 35. Relationships with Certain Regional
Directors and Related Matters. — The Lupong Tagapagpaganap ng Pook
shall exercise full supervision and control over the implementation of
regional development projects that are funded from income derived from
the operations and exercise of taxing and other revenue-raising powers
of the Autonomous Region.
(b) The Lupong Tagapagpaganap ng Pook shall oversee
the activities and performance of regional directors of the following
Ministries: Health; Education and Culture; Public Highways;
Agriculture; Social Services and Development; Public Works; as well as
the Ministries of Human Settlements; Industry; and Youth and Sports
Development upon establishment of their regional offices. This
authority to oversee refer to the identification, planning,
programming, prioritization, and implementation of socio-economic
regional development projects funded out of national funds, as well as
the evaluation thereof from a regional development perspective, for the
purpose of ensuring that their implementation is done in accordance
with duly approved plans, prescribed schedules and procedures, and
specifically allocated resources related thereto. chanroblesvirtualawlibrary
In the exercise of the above prerogative, the Lupong Tagapagpaganap ng
Pook may, on its initiative and responsibility:cralaw:red
(1) Coordinate the implementation of regional
development projects of the regional offices concerned for the purpose
stated in paragraph (b) above.
(2) Inquire into problems impeding the execution of
development projects and identify the causes thereof; and
(3) Institute or recommend as appropriate the
necessary corrective measure through the ministries concerned to
overcome such obstacles based on the causes so identified, and if
necessary seek the intervention of the President to expedite the
attainment of regional development objectives.
The day-to-day activities as well as the internal operations of the
regional offices of the aforementioned ministries within the Autonomous
Region, shall remain the responsibility of the Regional directors
concerned.
The assignment to positions of regional directors of the aforementioned
ministries in the Autonomous Region shall be made upon consultation
with the Lupong Tagapagpaganap ng Pook. In addition, the Lupong
Tagapagpaganap ng Pook may in appropriate cases recommend to the
ministries concerned the transfer outside the region of any of the
regional directors aforementioned.
(c) Government-owned or controlled corporations with
offices located in the Autonomous Region shall maintain an effective
coordinative relationship with the Lupong Tagapagpaganap ng Pook. For
this purpose, they shall keep the Lupong Tagapagpaganap ng Pook
informed as to the status of the implementation of their programs and
projects in the Autonomous Region. Where called for, and where
necessary, they shall endeavor to make the necessary adjustments in the
implementation of their programs and projects to the requirements and
priorities of the Autonomous Region. In addition, regional heads of
government-owned or controlled corporations in the Autonomous Region
may be made regular members of the Regional Development Council upon
appropriate resolution adopted to this effect by the Council.
(d) National Government agencies and government-owned
or controlled corporations which now or may in the future have regional
presence in Southern Philippines shall make such adjustments in their
administrative boundaries to conform with the geographical coverage,
and whenever appropriate, with the regional centers of Regions IX and
XII.
Section 37. Relationship with the Regional
Development Councils; Delineation of Responsibilities for Regional
Development Plan Formulation and Implementation. — The Lupon Chairman
shall be ex-officio Chairman of the Regional Development Council in the
Autonomous Region. The membership of the Regional Development Council
shall be expanded to include the members of the Lupong Tagapagpaganap
ng Pook.
The delineation of responsibilities for regional development plan
formulation and implementation shall be as follows:cralaw:red
(1) The Sangguniang Pampook shall determine the
development goals and objectives for the Autonomous Region within the
framework of national development plans, policies and goals.
(2) The Regional Development Council shall be
primarily responsible for formulation of the Regional Development Plan
on the basis of the goals and objectives set by the Sangguniang Pampook
for the Autonomous Region. The National Economic and Development
Authority shall provide technical assistance to the Regional
Development Council in the preparation of said Plan. chanroblesvirtualawlibrary
(3) To ensure consistency in regional plan
preparation and submission, the National Economic and Development
Authority shall prescribe regional planning standards and guidelines
which shall include the minimum requirements as to content and format
of the Regional Development Plan as well as the time frame for the
coverage and submission of the Plan. chanroblesvirtualawlibrary
(4) The Regional Development Plan formulated by the
Regional Development Council shall be coursed through the Lupong
Tagapagpaganap ng Pook for submission to, and adoption by, the
Sangguniang Pampook. chanroblesvirtualawlibrary
(5) The Lupong Tagapagpaganap ng Pook shall submit
the Regional Development Plan as adopted by the Sangguniang Pampook to
the President, through the National Economic and Development Authority
for assessment of its inter-regional implications, conformance with
regional planning standards and guidelines prescribed by the Authority,
and integration into the National Development Plan.
(6) Pending the formulation of a National Development
Plan for the succeeding plan period, the Lupong Tagapagpaganap ng Pook
may, through the Regional Development Council, prepare interim regional
development plans for the Autonomous Region within the framework of
regional goals and objectives set by the Sangguniang Pampook. The
procedure for the adoption of the interim regional development plans
shall be in the same manner prescribed under paragraph 4 and 5 of this
section.
(7) The Lupong Tagapagpaganap ng Pook review the
annual work programs to see to it that they are consistent with the
Regional Development Plan. For this purpose, the Lupong Tagapagpaganap
ng Pook may call on any of the regional offices of national line
agencies in the region for technical assistance.
(8) The Lupong Tagapagpaganap ng Pook shall determine
priorities relative to nationally-funded programs and projects to be
undertaken in the Autonomous Region and ensure that such programs and
projects are properly synchronized with, and supportive of, development
efforts therein.
(9) The Lupong Tagapagpaganap ng Pook shall
administer the share of the Autonomous Region from the Regional
Development Fund as provided under the general appropriations act and
such other funds as may be established to carry out the objectives of
the Autonomous Region.
Section 38. Relationship with the Service-Wide
Agencies. — The Ministry of the Budget, the Commission on Audit, the
Civil Service Commission, the Ministry of Finance and other
service-wide agencies shall make the necessary amendments and
adjustments in their respective regulations and procedures in order to
make them more consistent with the concept of regional autonomy and
more responsive to the developmental needs of the Autonomous Region.
Section 39. Relationship with the Local Governments.
— (a) The following regulatory and supervisory powers of the Ministry
of Local Government and Community Development with respect to local
governments are hereby delegated to the Lupong Tagapagpaganap ng
Pook. chanroblesvirtualawlibrary
(1) The conduct of periodic audits on the performance
of local government officials in their respective regions;chanroblesvirtualawlibrary
(2) The investigation of administrative complaints
against local officials without prior clearance from the President
pursuant to Letter of Instructions No. 231. The respondent local
official may be placed under preventive suspension during the pendency
of the formal investigation for a period of not exceeding sixty days if
the charge is serious and the evidence of guilt is strong, or it there
are reasonable grounds to believe that the respondent has or will
perform acts inimical to the orderly conduct of the investigation. The
appropriate penalty may be imposed upon the respondent without prior
clearance from the President, except when the respondent is a
provincial or city official or, in any case, when the penalty sought to
be imposed is removal or suspension from office for more than six
months;chanroblesvirtualawlibrary
(3) The approval of development plans of all local
units within the region, the funding of which comes from the twenty
percent (20%) development fund under Presidential Decree No. 144;chanroblesvirtualawlibrary
(4) The approval of travel of local government
officials and employees beyond thirty days but not exceeding ninety
days upon the recommendation of the local chief executive for the
payment of per diems under Presidential Decree No. 344; chanroblesvirtualawlibrary
(5) The authority to recommend clearance from the
President for foreign travel of local officials; chanroblesvirtualawlibrary
(6) The approval of the commutation of terminal
leaves of Governors and Municipal Mayors;chanroblesvirtualawlibrary
(7) The approval of claims for death benefits under
Section 699 of the Revised Administrative Code, as amended by Republic
Act No. 1232; chanroblesvirtualawlibrary
(8) The authority to recommend exemptions from Letter
of Instructions No. 29 relative to purchases of transportation
equipment by local governments;chanroblesvirtualawlibrary
(9) The approval of the grant of automobile allowance
to local chief executives and heads of provincial and city offices,
provided that prior authorization is obtained from the provincial or
city sangguniang pursuant to Executive Order No. 31;chanroblesvirtualawlibrary
(10) The authority to recommend to the President
exemptions from public bidding of local government projects under
Executive Order No. 298;chanroblesvirtualawlibrary
(11) The authority to recommend to the President the
grant of representation allowances to local officials not expressly
enumerated in Memorandum Circular No. 437, s.1971;chanroblesvirtualawlibrary
(12) The approval of the grant of free quarters,
light and water to Governors and City Mayors as provided for in Section
2086 of the Revised Administrative Code and the City Charters, provided
that prior authorization is obtained from the provincial or city
sanggunian; and
(13) The approval of free telephone service at the
residence of heads of provincial and city offices when duly authorized
by the provincial or city sanggunian in an ordinance enacted for such
purpose. chanroblesvirtualawlibrary
(b) The following regulatory and supervisory powers
of the Office of the Regional Commissioner under Letter of Instructions
No. 290 shall be assumed by the Lupong Tagapagpaganap ng Pook: chanroblesvirtualawlibrary
(1) The sole authority to disburse funds allocated to
the Autonomous Regions pursuant to Section 7 of Presidential Decree No.
144, as financiald to local governments or to projects;chanroblesvirtualawlibrary
(2) The sole authority within the region to grant
exemptions to local governments, as well as agencies of the national
government and government-owned or controlled corporations, from
restrictions on award of contracts, purchase of capital equipment,
payment of overtime compensations, filling of vacant positions,
effecting the detail of personnel from one government office to another
for a period exceeding thirty days, requiring clearance for the hiring
of personnel who have reached 57 years of age, retention/extension of
the services of retirable government personnel, reinstatement of
personnel who have been previously retired from the government service,
and such other restrictions as may be defined in pertinent executive
orders, administrative orders, and Presidential memoranda.
CHAPTER VIII
Miscellaneous Provisions
Section 40. Abolished Offices and Positions. — (a)
The Southern Philippines Provisional Government shall be deemed
abolished upon the convening of the Sangguniang Pampook of Regions IX
and XII, and its applicable powers and functions, appropriations,
properties, and assets and liabilities are transferred in equal parts
to the Sangguniang Pampook of said regions. Its records and contracts,
together with such personnel as may be necessary, are likewise
transferred to and shall be assumed by the region to which they may
appropriately pertain.
(b) The Office of the Regional Commissioner in each
of the Autonomous Regions is deemed abolished upon the organization of
the Lupong Tagapagpaganap ng Pook and its applicable powers and
functions, appropriations, properties, and assets and liabilities, and
such personnel as may be necessary, are transferred to the Lupong
Tagapagpaganap ng Pook. chanroblesvirtualawlibrary
(c) The abolition of the positions of Presidential
Regional Officer for Development (PROD) and Presidential Regional
Action Officer (PRAO) in each of the Autonomous Regions pursuant to
Presidential Decree No. 955 shall be implemented and their applicable
functions transferred to the Lupong Tagapagpaganap ng Pook.
(d) The personnel of the abolished offices and
positions whose services are terminated as a result of this Decree
shall be entitled to the benefits and privileges provided by existing
laws.
Section 41. Foreign-Assisted Projects of National
Government Agencies. — The various authorities of the Lupong
Tagapagpaganap ng Pook provided for in this Decree shall not extend to
foreign-assisted projects of national government agencies, except
foreign-assisted projects of the Autonomous Regions themselves.
Section 42. Establishment of Tanodbayan Regional
Office in the Autonomous Region. — The tanodbayan may create in each of
the Autonomous Regions a regional office as soon as the Autonomous
Regions shall have been formally organized.
Section 43. Separability Clause. — The provisions of
this Decree are hereby declared to be separable, and in the event any
one or more of such provisions are held unconstitutional, such shall
not affect the validity of the other provisions. chanroblesvirtualawlibrary
Section 44. Repealing Clause. — All laws, acts,
executive orders, proclamations and/or administrative regulations which
are inconsistent with this Decree are hereby repealed, amended or
modified accordingly. chanroblesvirtualawlibrary
Section 45. Effectivity. — This Decree shall take
effect immediately.
DONE in the City of Manila,
this 25th day of July, in the year of Our Lord, Nineteen Hundred and
Seventy-Nine.
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