WHEREAS, in
order to make more effective the population program of the country,
there is a need to augment the resources available to agencies involved
in the said program;chanroblesvirtualawlibrary
WHEREAS, the International Bank for Reconstruction and Development
(IBRD) has granted the Philippine Government a loan for the Philippine
Population Project, hereinafter referred to as the Project; chanroblesvirtualawlibrary
WHEREAS, funds must be appropriated to finance the counterpart peso
funding of the aforesaid loan agreement;chanroblesvirtualawlibrary
WHEREAS, there is a need to create a Project Management Staff for
effective implementation and execution of the said Project;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in my by the Constitution do hereby
decree the following measures as part of the law of the land.
Section 1. Appropriations. — There is hereby
appropriated out of any funds in the National Treasury not otherwise
appropriated the sum of One hundred sixty-six million pesos (P166 M) to
finance the local currency costs of the Project which shall be
programmed and released to the Project Management Staff hereinafter
created, in the following manner: Seven million five hundred thousand
pesos (P7.5 M) for the Fiscal Year 1974-75; Twenty-four million pesos
(P24 M) for Fiscal Year 1975-76; Eighty-five million pesos (P85 M) for
Fiscal Year 1976-77; Forty-three million pesos (P43 M) for Fiscal Year
1977-78; and Six million five hundred thousand pesos (P6.5 M) for
Fiscal Year 1978-79; Provided, That, notwithstanding the said schedule,
releases in a given year shall be adjusted in accordance with the
actual requirements of the project being implemented during said Fiscal
Year. chanroblesvirtualawlibrary
Section 2. Project Management Staff— For the
effective implementation of Project, a Project Management Staff is
hereby established as a special unit under the Office of the Secretary
of Health, which shall perform the following functions:cralaw:red
a) Undertake and supervise the implementation of
Projects under the IBRD Loan;chanroblesvirtualawlibrary
b) Prepare and implement such other development
projects in connection with the loan that may be assigned by the
Secretary of Health; and
c) Perform such other functions and duties related to
the execution of the Project that may be assigned to it by the
Department of Health.
The existence of the Project Management Staff shall be coterminous with
that of the Project, Provided, however, That upon completion of the
Project, such personnel as may be necessary who meet the qualification
standards set by the Department of Health may be absorbed by the
Department.
Section 3. Organizational Structure of the Project
Management Staff. — The Secretary of Health is hereby authorized to
determine the organizational structure of the Project pursuant to the
IBRD Loan Agreement. It shall be headed by an Executive Director and
such assistance as may be required by the Project, to be appointed by
the Secretary of Health. It shall likewise have its technical,
administrative and support staff as well as consultants as may be
necessary. Such consultants may be drawn from the private sector on
consultancy or contractual basis or as regular employees, or from
government offices, agencies and instrumentalities on consultancy,
part-time or detail basis who shall be granted additional salary,
overtime pay, honoraria or allowances at such amounts as may be fixed
by the Secretary of Health, any provision of law, rule or regulation to
the contrary notwithstanding.
Section 4. Work Coordination. — The Department of
Health and the Population Commission shall coordinate together in the
implementation and execution of the Project. chanroblesvirtualawlibrary
Section 5. Nature of Positions of the Project
Management Staff— In view of the urgent nature of the Project,
all positions in the Project Management Staff, are hereby declared
exempt from the examination requirements of R.A. 2260, as amended, and
pending the new general standardization of the salaries of personnel in
the national government shall be exempt from the rules and regulations
of the WAPCO.
The Secretary of Health may delegate to the Executive Director the
authority to appoint or contract the personnel of the Project
Management Staff.
Section 6. Contracts and Expenditures. — Any
provisions of law to the contrary notwithstanding, the Secretary of
Health may contract the implementation of the Project herein authorized
on negotiated or administration basis whenever deemed necessary:
Provided, however, That the amount involved does not exceed Four
hundred thousand pesos (P400,000) per contract: Provided, further, That
this procedure shall be limited to projects which are fully or partly
supported by foreign loans or those which are tied-up or connected with
the foreign assisted projects: Provided, finally, That advances,
expenditures and disbursements made by the Project Management Staff in
the conduct of its affair shall not be subject to the procurement
requirements and/or other restrictions imposed by law, rules and
regulations upon government agencies, instrumentalities and
government-owned or controlled corporations.
Section 7. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 24th day of October, in the year of Our Lord, nineteen hundred and
seventy-four.
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