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PRESIDENTIAL DECREE NO. 1378
PRESIDENTIAL DECREE NO. 1378 -
CREATING THE NATIONAL COUNCIL ON INTEGRATED AREA DEVELOPMENT IN LIEU OF
THE CABINET COORDINATING COMMITTEE ON INTEGRATED RURAL DEVELOPMENT
PROJECTS
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WHEREAS, it
is the policy of the state to carry out a concerted attack on the
problems of mass poverty, unemployment, underemployment, and social
justices;chanroblesvirtualawlibrary
WHEREAS, to provide the proper perspective to such problems, there is a
need for greater emphasis on the integrated area development of the
countryside;chanroblesvirtualawlibrary
WHEREAS, integrated area development must be undertaken to marshall
cooperative activity towards the creation of a just and humane
society; chanroblesvirtualawlibrary
WHEREAS, integrated area development must seek its roots in a people
working in communion with each other;chanroblesvirtualawlibrary
WHEREAS, there is an urgent and compelling need to develop among
government planners and decision makers a common policy orientation
that can serve as a guide for the formulation of programs and projects
geared towards integrated area development;chanroblesvirtualawlibrary
WHEREAS, the task of development calls for a shift from the traditional
broad and piecemeal approach to a systematic and coordinated
implementation of projectsmed at the countryside;chanroblesvirtualawlibrary
WHEREAS, it now becomes essential that these activities and projects in
the countryside be properly integrated, priorities be established, and
a central planning and implementing body charged with the development
of an integrated plan of action for integrated rural development be
created.
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.
Section 1. Declaration of Policy. — It is the
declared policy of the state to promote and support the improvement,
growth and development of the countryside through integrated area
development consistent with the principle of self-help and
self-reliance.
Section 2. Creation of the National Council on
Integrated Area Development. — To pursue the abovementioned policy,
there is hereby created a National Council on Integrated Area
Development hereinafter referred to as the Council which shall be
composed of the following: The President of the Philippines as
Chairman, and the Secretary of Agriculture as Vice-Chairman. The
members of the Council are: the Secretary of Local Government and
Community Development, the Secretary of Agrarian Reform, the Secretary
of National Defense, the Secretary of Natural Resources, the Secretary
of Public Highways, the Secretary of Public Works, the Secretary of
Finance, the Director-General of the NEDA and the Budget Commissioner.
The Council shall function within the framework of the National
Economic and Development Authority, and as such is within the
administrative supervision of the same.
The Vice-Chairman shall concurrently by the Chief Executive Officer of
the Council and is hereby empowered to convene the Council as often as
he may deem necessary.
The members of the Council shall receive a reasonable amount of per
diem as the Council may provide for every meeting actually attended by
them.
Section 3. Powers and Functions of the Council. —
The Council shall have the following powers and functions: chanroblesvirtualawlibrary
(a) Institutionalize the implementing mechanism
for integrated area development through formal planning, monitoring and
budgetary controls;chanroblesvirtualawlibrary
(b) Formulate an integrated framework plan to
guide the development of depressed areas;chanroblesvirtualawlibrary
(c) Rationalize the participation of the rural
people through their local governments in development planning and
implementation;chanroblesvirtualawlibrary
(d) Initiate small scale, high-impact
integrated projects utilizing existing indigenous resources;chanroblesvirtualawlibrary
(e) Mobilize efficiently multi-sectoral
resources and properly channel these into integrated rural development
projects. chanroblesvirtualawlibrary
Section 4. Powers and Functions of the Vice-Chairman
as Chief Executive Officer. — The Vice Chairman as Chief Executive
officer shall have the following powers and functions:cralaw:red
(a) to approve an integrated plan of action for
integrated area development primarily for depressed areas;chanroblesvirtualawlibrary
(b) to establish a system of priorities for
integrated area development and provide the basic criteria for
selecting project areas;chanroblesvirtualawlibrary
(c) to arrange and/or negotiate for funding
from local and/or foreign agencies and institutions subject to the
approval of the Council;chanroblesvirtualawlibrary
(d) to approve requests of the implementing
departments and agencies for budget releases for projects in accordance
with the integrated plan of action, budgets and work program approved
by the Council; Provided, that such approval shall be subject to
availability of funds in accordance with the existing budgetary
policies, laws, rules and regulations, which shall be approved by the
Council;chanroblesvirtualawlibrary
(e) to enter into contracts of any kind to enable it
to carry out its purposes and functions under this Decree subject to
the approval of the Council;chanroblesvirtualawlibrary
(f) to avail of the expertise of any particular
employee, technician or group of persons in any bureau, office or
department of the Government whose services are deemed necessary for
the attainment of the goals of the Council;chanroblesvirtualawlibrary
(g) to formulate, adopt and implement
guidelines and standards for an efficient system of reporting and
evaluation;chanroblesvirtualawlibrary
(h) to promote fuller local participation in
planning, management and program execution;chanroblesvirtualawlibrary
(i) to establish the appropriate organizational
set-up to implement the integrated plan of action;chanroblesvirtualawlibrary
(j) to conduct, when appropriate, seminars,
public hearings and/or conferences on significant issues pertaining to
integrated area development;chanroblesvirtualawlibrary
(k) to promulgate and adopt administrative
rules and regulations for the effective management of the Council's
activities;chanroblesvirtualawlibrary
(l) to hire the personnel necessary for the
operations of the Council and fix their compensation in accordance with
the plantilla and pay plan approved by the Council;chanroblesvirtualawlibrary
(m) to remove, suspend or otherwise discipline
for cause any subordinate employees of the Council;chanroblesvirtualawlibrary
(n) to call on any department, bureau, office,
agency, or state university or college and other instrumentalities of
the government for assistance in the form of personnel facilities and
other resources as the needs arise in the discharge of its functions;chanroblesvirtualawlibrary
(o) to undertake such other activities as may
be deemed necessary for the attainment of the objectives and provisions
of the Decree;chanroblesvirtualawlibrary
(p) to delegate such authority as may be
properly delegated, Provided, that such delegation is in writing,
copies of which shall be furnished the Council; and
(q) to perform such other duties as may be
lawfully assigned by the Council.
Section 5. Qualifications and Compensation of the
Executive Secretary as Chief Operating Officer. — There shall be an
Executive Secretary of the Council to be appointed by the President
upon consultation with the members of the Council. The Executive
Secretary shall act as the Chief Operating Officer and shall possess
the following qualifications: chanroblesvirtualawlibrary
(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 rural development projects or in
the management of agricultural, industrial or commercial enterprises.
The annual compensation and allowances of the Chief Operating Officer
shall be fixed by the Council.
Section 6. Powers and Functions of the Chief
Operating Officer. — The Chief Operating Officer of the Council shall
exercise the following power and functions:cralaw:red
(a) to implement the integrated plan of action for
integrated area development as formulated and approved by the Council;chanroblesvirtualawlibrary
(b) to recommend policy guidelines and submit program
of work activities in consonance with the policies and plans
promulgated by the Council;chanroblesvirtualawlibrary
(c) to undertake comprehensive studies tackling
critical components needed for the development of identified depressed
areas;chanroblesvirtualawlibrary
(d) to program and implement on-going and proposed
plans, programs and projects within the specified areas for integrated
area development;chanroblesvirtualawlibrary
(e) to rationalize and systematic existing, on-going
and proposed community projects in identified areas for development
vis-a-vis the over-all integrated area development plan for the
specified area;chanroblesvirtualawlibrary
(f) to manage, supervise and monitor project
implementation;chanroblesvirtualawlibrary
(g) to submit periodic financial and work
accomplishment reports to the Council;chanroblesvirtualawlibrary
(h) to perform such other duties as may be lawfully
assigned by the Chief Executive Officer.
Section 7. Staff Appointment. — Any provision of
existing laws to the contrary notwithstanding, the appointments of
personnel of the Council may either be on full-time basis or part-time
basis and shall be exempt from the requirements and restrictions of the
Civil Service Law, rules and regulations, and Section Two Hundred Fifty
Nine of the Revised Administrative Code. The compensation of said
employees shall be determined by the Council upon consultation with the
Office of Compensation and Position Classification of the Budget
Commission; Provided, that any government retiree employed in the said
office shall not be required to reimburse or refund any gratuity
received from the Government nor shall any pension or annuity to which
he is entitled to be suspended or reduced on account of his employment
with the Council, Provided, further that the personnel of the Council
shall be permanent and career in status without prejudice to transfer,
detail assignment, promotion, discipline and dismissal in accordance
with the Personnel Management Programs of the Council and shall be
entitled to benefit and privileges normally accorded to government
agencies on detail with the Council including adequate and reasonable
honoraria or allowances.
Section 8. Abolition of the Cabinet Coordinating
Committee. — The Cabinet Coordination on Integrated Rural Development
Projects is hereby abolished and all its powers and functions as
stipulated in LOI 99 and Presidential Decree Nos. 805, 926, 1048 and
1189 implementing the Mindoro, Bicol, Samar and Cagayan projects,
respectively, shall be transferred to the Council together with
applicable funds and appropriations, records, equipment, property and
such personnel as may be necessary. Moreover, the Cabinet Coordinators
for the Mindoro, Samar, Cagayan, and Bicol River Basin Projects,
respectively, shall retain their respective powers and functions. The
Project Directors of the various on-going projects, their respective
tenures, compensation, powers and functions are likewise hereby
retained unless otherwise changed or revised by the Council.
Section 9. Functions and Responsibilities of the
Implementing Departments and Agents. — All designated implementing
departments and agencies shall be responsible for the execution of the
projects under their respective jurisdiction and shall submit to the
Council, their respective annual project plans, budgets and
corresponding work programs for approval within three (3) months before
the start of the ensuing calendar year. They shall also submit release
and periodic accomplishment reports to the Council.
Section 10. Observance of Terms and Conditions
of the Loan Agreements. — It shall be the responsibility of the Council
to ensure that all departments, government agencies and local
governments concerned observe strictly all the terms and conditions
embodied in Loan Agreements executed between the foreign funding
agencies and the Philippine Government for integrated area development
projects.
Section 11. Expenditures and Disbursements. —
Expenditures and disbursements made by the Council of its on-going
projects shall not be subject to the procurements requirements and
restrictions imposed by existing laws and regulations upon government
agencies, instrumentalities and government-owned or controlled
corporations.
Section 12. Exemption from Taxes. — Any provision of
existing laws to the contrary, notwithstanding any donation,
contribution, request, subsidy or financiald which may be made to the
Council shall be exempt from taxes of any kind, and shall
constitute-allowable deductions in full from the income of the donors
or donees for income tax purposes.
The assets of the Council and its commodity requirements procured from
local and foreign supplies shall be exempt from all taxes, duties,
fees, charges, imposts, licenses and assessments, direct or indirect,
imposed by the Republic of the Philippines or any of its political
subdivision or taxing authority.
Section 13. Appropriations. — The budget of the
Council, exclusive of the fund releases from foreign funding and the
Philippine Government counterpart fund, shall be five million pesos
(P5,000,000.00) for fiscal year 1978 which is hereby appropriated out
of the Special Activities Fund under the National Support Fund, P.D.
1250. Thereafter, such amount as necessary to carry out the provision
of this Decree shall be included in the annual General Appropriation
Act of the Government in such amounts as shall be adequate for the
purpose. chanroblesvirtualawlibrary
Section 14. Separability Clause. — If any of this
Decree shall be invalid, the remainder shall continue to be operative.
Section 15. 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 16. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 17th day of May, in the year of Our Lord, nineteen hundred and
seventy-eight.
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