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PRESIDENTIAL DECREE NO. 848
PRESIDENTIAL DECREE NO. 848
- CONSTITUTING CERTAIN MUNICIPALITIES WITHIN THE PROVINCE OF
KALINGA-APAYAO INTO A SPECIAL DEVELOPMENT REGION TO BE KNOWN AS KALINGA
SPECIAL DEVELOPMENT REGION
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chanroblesvirtualawlibrary
WHEREAS,
the socio-economic conditions prevailing in a certain municipalities in
the province of Kalinga-Apayao need special attention and action of the
government in order to hasten the development of the said
area; chanroblesvirtualawlibrary
WHEREAS, in order to crystallize the socio-economic program of the
government, it is of paramount necessity to identify and group together
barangays and municipalities in the province of Kalinga-Apayao having
similar or identical problems in order to apply comprehensive and
incisive solutions to the same;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested
in me by the Constitution of the Philippines, do hereby decree and
order the following as part of the law of the land:cralaw:red
Section 1. Declaration of Policy. — For purposes of
increasing the share of each Kalinga in the fruits of socio-economic
progress and improving the quality of their lives, it is hereby
declared the policy of the government to foster and accelerate the
growth and development of the Kalinga by implementing socio-economic
development programs, mobilizing the resources of government agencies
and instrumentalities to assist the Kalinga people, encouraging
self-help projects, providing improved educational facilities and
stimulating the development of their own leaders.
Section 2. Creation and Composition of the Region. —
The following municipalities in the province of Kalinga-Apayao, namely:cralaw:red
a. Lubuagan
b. Tinglayan
c. Tanudan
d. Pasil
are hereby constituted into a Special Development Region to be known as
Kalinga Special Development Region, hereinafter referred to as Region,
which shall be under the direct supervision of the President of the
Philippines through the Presidential Assistant on National Minorities.
The Region shall be a body corporate governed by the provisions of this
Decree and/or other pertinent laws. chanroblesvirtualawlibrary
Section 3. Principal Office. — The principal office
of the Region shall be situated in Lubuagan, Tinglaya, Tanudan or Pasil
as may be decided by the Governing Council to be set up as hereinafter
provided.
Section 4. Purposes and Objectives. — The region
shall have the following purposes and objectives:cralaw:red
a) To hasten the growth and development of the
Kalinga people;chanroblesvirtualawlibrary
b) To enable the Kalinga people to participate more
actively in the national development effort;chanroblesvirtualawlibrary
c) To coordinate and integrate into a long term
comprehensive development program the various sectoral plans and
activities intended for the area by other agencies, departments and
instrumentalities.
Section 5. Duties and Functions of the Region. — The
Region shall have the following duties and functions:cralaw:red
a) To develop and undertake such action projects as
may be necessary to achieve the purposes and objectives of this Decree;chanroblesvirtualawlibrary
b) To call upon and enlist the assistance of any
department, bureau, office, agency or instrumentality of the government
as it may require in the performance of its functions;chanroblesvirtualawlibrary
c) To coordinate with any department, bureau, office,
agency or instrumentality of the Government that may be implementing
various sectoral development programs in the area;chanroblesvirtualawlibrary
d) To perform such other duties as may be assigned to
it by the President of the Philippines.
Section 6. Governing Council. — All functions and
powers of the Region shall be vested in, and exercised by a Governing
Council hereinafter referred to as Council, composed of:cralaw:red
a) The incumbent mayors of the municipalities
composing the Region;chanroblesvirtualawlibrary
b) One leader of a barangay from the charter member
municipality. For the purpose of this provision, a leader of a barangay
may be a respected pangat or traditional leader, who need not be a
barangay official, or a respected member of the barangay council;chanroblesvirtualawlibrary
c) Two prominent citizens of the Region; and
d) The Administrator of the Region who shall be the
Chairman of the Council.
They shall be residents of the Region and shall be able to read and
write.
The Governing Council shall have four (4) regular monthly meetings in
the Office of the Region and shall have special meetings as often as
necessary. The members of the Governing Council except the
Administrator shall be entitled to a per diem of P250.00 each per
meeting and the reimbursement of all necessary expenses in attending to
and returning from the same; Provided, however, that no member shall
collect more than a total of P1,000.00 as per diem for any one month
period.
All members of the Council shall be appointed by the President of the
Philippines and shall hold office for a term of four (4)
years. chanroblesvirtualawlibrary
Majority of the Council shall constitute a quorum to do business and a
simple majority of the quorum is sufficient to pass a resolution,
except in specific instances where the law requires a greater number as
a prerequisite to make the resolution valid and binding.
Section 7. Administrator. — The President shall
appoint a Kalinga as Administrator who shall act as its Chief Executive
Officer. He shall serve full time for a term of four (4) years unless
sooner removed for cause and shall receive a compensation of Sixty
Thousand Pesos per annum. He shall reside in the Region and shall not
engage in any business or profession during his term of office.
Section 8. Powers of the Governing Council. — The
Council shall have the following powers:cralaw:red
a) To promulgate, prescribe and adopt policies and
procedures that will guide the administration and government of the
Region;chanroblesvirtualawlibrary
b) To formulate, develop, adopt and implement
socio-economic programs to achieve the objective of this Decree;chanroblesvirtualawlibrary
c) To review and evaluate project proposals submitted
by the Administrator for the development of the Region;chanroblesvirtualawlibrary
d) To approve the annual and/or supplemental budgets
of the Region as may be submitted to it by the Administrator;chanroblesvirtualawlibrary
e) To evaluate, monitor and supervise the progress of
all programs of the Region;chanroblesvirtualawlibrary
f) To approve all contracts entered into by the
Region; chanroblesvirtualawlibrary
g) To approve the organization, plantilla and plans
submitted by the Administrator for the operation and management of the
Region.
Section 9. Powers and Functions of the Administrator.
— The Administrator shall have the following functions:cralaw:red
a) He shall be the Chief Executive of the Region and
shall execute the policies of the Governing Council;chanroblesvirtualawlibrary
b) He shall direct and supervise the day-to-day
operations and internal administration of the Region. He may, however,
delegate certain administrative responsibilities to other officers of
the Region subject to the approval of the Governing council;chanroblesvirtualawlibrary
c) He shall prepare periodic review of program
progress;chanroblesvirtualawlibrary
d) He shall submit annual and/or supplemental budget
estimates to the Governing Council;chanroblesvirtualawlibrary
e) He shall recommend policies and programs to the
Council; and
f) He shall perform such other duties as may be
assigned to him by the council from time to time.
Section 10. Auditor. — The Commission on Audit shall
recommend to the council a representative who shall be the Auditor of
the Region and such personnel as may be necessary to assist said
representative in the performance of his duties. The salaries of the
Auditor and his staff shall be fixed and paid by the
Region. chanroblesvirtualawlibrary
The Auditing reports shall contain a statement of the resources,
liabilities and expenses, surplus, reserves, and such other facts which
under auditing rules and regulations are considered necessary to
accurately describe the financial conditions and operations and
criticisms of the Auditor of the Region or the Chairman of the
Commission on Audit as the case may be, to point out, explain why or
answer any inaccuracies therein, if any, to file a statement which
shall be appended by the Auditor of the Region and Chairman of the
Commission on audit in their respective reports.
Section 11. Chief Legal Counsel. — The Region shall
have one Chief Legal Counsel to be appointed by the Administrator whose
salary and other privileges shall be fixed by the Council. The position
of the Chief Legal Counsel is considered highly technical and
confidential. The Chief Legal Counsel of the Region shall have the
following functions:cralaw:red
a) He shall be the Secretary of the Council and as
such shall be the official custodian of all the minutes, records and
proceedings of all council meetings, and the official seal of the
Region;chanroblesvirtualawlibrary
b) In consultation with the Administrator, he shall
prepare the agenda for the Council for its regular and special
meetings;chanroblesvirtualawlibrary
c) He shall give legal advise to the Region, the
Council, the administrator and all the other divisions of the Region
and shall render legal opinion whenever the same is required;chanroblesvirtualawlibrary
d) He shall represent the Region in all cases brought
for or against it; and
e) He shall exercise such other functions assigned to
him by the Council.
The Chief Legal Counsel shall have such staff and assistant legal
counsel as the Council may determine. chanroblesvirtualawlibrary
Section 12. Personnel. — The Region shall have such
personnel as may be necessary for the performance of its basic
functions and such other personnel as may be assigned or detailed from
other agencies of the Government. All positions, except technical and
professional staff and such other positions as the Governing Council
may declare to be highly technical, policy determining and primarily
confidential, shall be subject to Civil Service rules and regulations
and coverage of the plans of the Wage and Position Classification
Office; Provided, That all personnel shall be entitled to the benefits
and privileges normally accorded to government employees, such as
retirement, GSIS insurance, leave and similar matters; Provided,
finally, That the Governing Council shall be the final authority on
appeals on personnel matters concerning its professional and technical
personnel.
Section 13. Donations. — The Region shall be
authorized to receive grants, donations or gifts, in whatever form and
whatever sources; Provided, That said grants, gifts, or donations shall
be administered, obligated and disbursed in accordance with the terms
thereof, or in the absence of such terms, in such manner as a majority
of the Governing Council may in its discretion determine; Provided,
finally, That said grants, gifts, donations shall be subject only to
such limitations as the grantor, giver or donor may impose as accepted
by the Governing Council.
Said grants, gifts or donations shall be tax exempt.
Section 14. Appropriation. — The amount of Three
Million Pesos out of any available funds from the National Treasury, or
from the Special Activities Funds, is hereby appropriated and
authorized to be released for the organization of the Region and its
initial operation.
Henceforth, funds sufficient to fully carry out the objectives of the
Region shall be appropriated every fiscal year in the General
Appropriations Act. chanroblesvirtualawlibrary
Section 15. If any provision of this Decree is
rendered invalid or unconstitutional, the other provisions not affected
shall remain valid.
Section 16. All laws, decrees, orders, proclamations
or rules and regulations inconsistent with the provisions of this
Decree are hereby repealed and/or amended accordingly. chanroblesvirtualawlibrary
Section 17. This Decree shall take effect
immediately.
DONE in the City of Manila,
this 12th day of December, in the year of Our Lord, nineteen hundred
and seventy-five.
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