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PRESIDENTIAL DECREE NO. 805
PRESIDENTIAL DECREE NO. 805
- IMPLEMENTING THE MINDORO INTEGRATED RURAL DEVELOPMENT PROGRAM AND
PROVIDING FUNDS THEREFORE
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WHEREAS, it
is a policy of the Government to promote the integrated development of
agriculture, natural resources, infrastructure and social services in
underdeveloped regions to solidify the economic and social structure of
our society;chanroblesvirtualawlibrary
WHEREAS, Letter of Instructions No. 99 was issued creating a Cabinet
Coordinating Committee for the purpose of coordinating all integrated
rural development project;chanroblesvirtualawlibrary
WHEREAS, an integrated rural development project has been adopted for
the Mindoro Island;chanroblesvirtualawlibrary
WHEREAS, the Philippine Government has signed a loan agreement with the
International Bank for Reconstruction and Development to finance the
Mindoro Project;chanroblesvirtualawlibrary
WHEREAS, there is an imperative need to create the organism that will
implement the Mindoro Integrated Rural Development Project; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, in order to
insure the success of this program, do hereby order and decree the
following:cralaw:red
Section 1. Declaration of Policy. — The Mindoro
Integrated Rural Development Project, hereinafter referred to as the
Project, is hereby declared as a project of national government and
that the following policies are adopted for the effective
implementation thereof: (a) to integrate national and local government
agencies into a working team for planning and implementation of rural
development projects; (b) to decentralize the planning and
implementation of rural development projects to the local government
level;chanroblesvirtualawlibrary
Section 2. Cabinet Coordinating Committee on
Integrated Rural Development Projects of the National Economic and
Development Authority. — The composition of the Cabinet Coordinating
Committee on Integrated Rural Development Projects of the National
Economic and Development Authority, hereinafter referred to as the
Cabinet Committee, will be constituted as stipulated in Letter of
Instructions No. 99 and, in addition, shall include and newly-created
Departments involved in integrated rural development projects. The
Cabinet Committee shall now be composed of the following:cralaw:red
Secretary, Department of Agriculture Chairman
Secretary, Department of Public Works,
Transportation &
Communications Vice-Chairman
Executive Secretary, Office of the
President Member
Director-General, National Economic
and Development Authority Member
Secretary, Department of Finance Member
Secretary, Department of Local
Government and Community
Development Member
Secretary, Department of Agrarian
Reform Member
Secretary, Department of Natural
Resources Member
Secretary, Department of Public
Highways Member
As further stipulated in Letter of Instructions No. 99, all integrated
rural development projects, notably, the Mindoro Integrated Rural
Development Project, the Bicol River Basin Project and the Cagayan
Integrated Agricultural Development Project, shall continue to be under
the supervision and direction of the National Economic and Development
Authority through this Cabinet Committee.
The Cabinet Committee is hereby empowered to act as the policy-making
and governing body of all integrated rural development projects, and
for the purpose is hereby authorized to create a Secretariat.
Section 3. Creation of an Executive Committee for the
Project. — The Cabinet Committee shall create an Executive Committee
which shall serve as the policy-making and governing body of the
Project.
The Executive Committee shall be chaired by the Secretary of Natural
Resources and shall have the Secretary of Agriculture, the Secretary of
Public Highways, the Secretary of Health, the Secretary of Public
Works, Transportation and Communication, and the Governors of the two
Mindoro Provinces, or their duly designated representatives, as
members.
Section 4. Powers and Functions of the Executive
Committee. — The Executive Committee, thru its Chairman, shall exercise
and discharge the following powers and functions:cralaw:red
a. Formulate policies and guidelines related to the
implementation and management of the Project;chanroblesvirtualawlibrary
b. Oversee the coordination of the planning and
implementing of the Project;chanroblesvirtualawlibrary
c. Identify other rural development projects in the
Mindoro provinces for inclusion in the adopted integrated rural
development program;chanroblesvirtualawlibrary
d. Authorize the Project Director and/or the
implementing department or agencies to prepare feasibility studies for
newly identified rural development projects for the Mindoro provinces;chanroblesvirtualawlibrary
e. Arrange and/or negotiate with local and foreign
financial institutions for the funding of other rural development
projects mentioned in sub-section (c); chanroblesvirtualawlibrary
f. Review the Project's consolidated plans, budgets
and work programs;chanroblesvirtualawlibrary
g. Call upon any department, bureau, office,
instrumentality or any political subdivision of the Government for such
assistance it may need in the performance of its functions;chanroblesvirtualawlibrary
h. Exercise such other inherent powers and
policy-making functions.
Section 5. Creation and Domicile of the Mindoro
Integrated Rural Development Office. — There is hereby created a
Mindoro Integrated Rural Development Office, hereinafter referred to as
the Mindoro Office, which shall be under the direct supervision of the
Mindoro Executive Committee for the purpose of coordinating the
implementation of the project by the implementing departments and
agencies at the national and provincial levels. The Mindoro Office
shall have its principal office in Metropolitan Manila.
The Mindoro Office shall be headed by a Project Director who shall
maintain a technical and management staff to assist him in the
performance of his duties and responsibilities including assessing the
agro-economic aspects of the Project. The Project shall also establish
provincial offices in the Mindoro provinces for the effective
management of the Project at the provincial level.
Section 6. Appointment, Tenure of Office,
Qualifications and Compensation of the Project Director. — The Project
Director of the Mindoro Office shall be appointed by the Executive
Committee.
He shall serve until such time as the Mindoro Office is dissolved,
unless sooner removed from office for cause by the Executive Committee.
The appointee to the position of Project Director shall possess the
following qualifications:cralaw:red
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 infrastructure projects or in the
management of agricultural, industrial or commercial enterprises.
The annual compensation and allowances of the Project Director shall be
fixed by the Executive Committee.
Section 7. Powers and Functions of the Project
Director. — The Project Director of the Mindoro Office shall exercise
the following powers and functions:cralaw:red
a. Directly coordinate the activities of all
implementing departments and agencies in the planning and
implementation of the projects;chanroblesvirtualawlibrary
b. Monitor and evaluate the progress and effects of
project execution by the implementing departments and agencies;chanroblesvirtualawlibrary
c. Submit periodic financial and work accomplishment
reports relating to project implementation to the Executive Committee;chanroblesvirtualawlibrary
d. Approve and consolidate requests for budget
releases for the project by the implementing departments and agencies
and forward the same to the Budget Commission for releases of funds;chanroblesvirtualawlibrary
e. Keep and maintain records of all equipment and
services procured under the Project and collect and consolidate all
project accounts maintained by the implementing departments and
agencies;chanroblesvirtualawlibrary
f. Submit audited project accounts containing the
auditor's opinion to the International Bank for Reconstruction and
Development within four (4) months at the close of each fiscal year;chanroblesvirtualawlibrary
g. Insure that all conditions contained in the loan
agreement executed between the International Bank for Reconstruction
and Development and the Philippine Government are faithfully complied
with by all concerned with the implementation of the projects;chanroblesvirtualawlibrary
h. Organize, appoint, remove and/or discipline the
personnel of its technical and management staff;chanroblesvirtualawlibrary
i. Adopt and promulgate administrative rules and
procedures for the internal management of the Mindoro Office and its
provincial project offices;chanroblesvirtualawlibrary
j. Call upon any department, bureau, office, agency,
instrumentality or any political subdivision of the Government to
assist in the planning and implementation of the Project;chanroblesvirtualawlibrary
k. Apply for, receive and accept grants and
donations of funds, equipment, materials and services needed by the
Project from sources within and outside the Philippines;chanroblesvirtualawlibrary
l. Prepare feasibility studies for newly identified
rural development projects for Mindoro provinces as authorized by the
Executive Committee;chanroblesvirtualawlibrary
m. Perform such functions as are inherently
necessary in the operational management of the Project in accordance
with the policies and guideline formulated by the Executive Committee.
Section 8. Creation, Composition, and Function of the
Project Advisory Committee. — There is hereby created a Project
Advisory Committee which shall extend management assistance and serve
as an advisory to the Project Director. In addition, it shall resolve
problems of inter-agency coordination in the national level. The
Project Advisory Committee shall be composed of the Project Director,
as Chairman, and the Governors of Oriental Mindoro and Occidental
Mindoro and senior officers from each implementing department and
agency designated by their respective heads, as members.
Section 9. Creation, Composition and Functions of the
Mindoro Provincial Project Offices. — There is hereby created a
Provincial Project Office for each of the two Mindoro Provinces to
coordinate project implementation at the provincial level. The
Provincial Project Offices shall be headed by the respective Governors
who shall report directly to the Project Director, Provincial
Development Councils for each of the two Mindoro provinces headed by
the respective governors and composed of senior officials of each
implementing department and agency in the Province and representatives
from the PNB and Rural Banks, shall also be created to resolve problems
of inter-agency coordination at the provincial level and to render
advisory and staff assistance to the heads of the Provincial Project
Offices.
Section 10. Creation, Composition and Functions of
the Agricultural Development Coordinating Council. — There is hereby
created an Agricultural Development Coordinating Council for each of
the Mindoro Provinces reporting to the heads of the Provincial Project
Offices. Each Council shall be headed by the Coordinator of the
Provincial Development Staff, and shall have for its members the
representatives of each of the departments and agencies of the National
Government providing agricultural support services in the respective
provinces. chanroblesvirtualawlibrary
Section 11. Roles, Functions and Responsibilities of
the Implementing Departments and Agencies. — The Department of
Agriculture, the Department of Natural Resources, the Department of
Public Works, Transportation and Communications, the Department of
Health, the Department of Public Highways, the Department of Agrarian
Reform, the Department of Local Governments and Community Development,
the National Irrigation Administration, the Presidential Assistant on
National Minorities, the Commission on National Integration, the
Provincial Governments of the Mindoro Provinces and all government
agencies concerned shall be responsible for the implementation of the
projects assigned to them.
Each implementing department and agency shall submit to the Project
Director for approval their respective annual project plans, budget and
corresponding work program within three (3) months before the start of
the ensuing fiscal year. They shall also submit financial and work
plans for every request for budget release and periodic reports
containing results of operation to the Project Director.
The Department of Public Highways shall procure the necessary commodity
and service requirements to implement the projects assigned to them and
must submit all documents pertinent thereto to the Project Director for
information. The commodity and service requirements of all other
projects shall be procured by the National Irrigation Administration.
Section 12. Observance of Terms and Conditions of the
Loan Agreement. — All departments and agencies including the provincial
governments of the Mindoro provinces and all other governments offices
concerned with the implementation of the Project are hereby enjoined to
observe strictly all the terms and conditions embodied in the Loan
Agreement executed between the International Bank for Reconstruction
and Development and the implementation of the Mindoro
Project. chanroblesvirtualawlibrary
Section 13. Staff Appointment. — Any provision of
existing laws to the contrary notwithstanding, the appointments of
personnel of the Mindoro Office and the Secretariat of the Cabinet
Committee may either be on full-time basis and part-time basis, and
shall be exempt from requirements and restrictions of the Civil Service
Law, rules and regulations, and position classification and salary
standardization plan and Wage and Position Classification Office, as
well as Section Two Hundred Fifty Nine of the Revised Administrative
Code, Provided, that any government retiree employed in any of the said
offices 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 any of the said offices; Provided, further that the personnel of
the said offices shall be permanent and career in status without
prejudice to transfer, detail, assignment, promotion, discipline and
dismissal in accordance with the Personnel Management Program of the
said offices and shall be entitled to benefits and privileges normally
accorded to government agencies on detail with the said offices
including adequate and reasonable honoraria or allowances.
Section 14. Fund Releases. — Releases of the
International Bank for Reconstruction and Development Loan Fund and the
Philippine Government Counterpart Fund for the Project shall be made by
the Budget Commission directly to the parties concerned in accordance
with existing laws, rules and regulations on fund releases.
Section 15. Expenditures and Disbursements. —
Expenditures and disbursements made out of the funds of the Project for
planning and implementation shall not be subject to the procurement
requirements and restrictions imposed by existing laws and regulations
upon government agencies, instrumentalities and government-owned or
controlled corporations. It shall also be exempt from any government
ban and restrictions against purchase of equipment, non-expendable and
semi-expendable properties. chanroblesvirtualawlibrary
Section 16. 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
Project 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 Project 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 17. Auditing System. — The Commission on
Audit is hereby enjoined to assign an auditor/auditors to the Project
in accordance with existing laws, rules and regulations. The
auditor/auditors shall submit to the Project Director a consolidated
project financial report within three months after the close of each
fiscal year for transmittal to the International Bank for
Reconstruction and Development.
Section 18. Accountability of Implementing Units for
Project Commodity Requirement Project. — All vehicles, equipment and
machineries procured with the Project's funds shall be under the
accountability of the provincial governments of the Mindoro provinces.
These shall be used solely for the implementation of the Project and
shall be disposed afterwards in accordance with the terms and
conditions set forth under the Loan Agreement executed between the
International Bank for Reconstruction and Development and the
Philippine Government.
Section 19. Loan Authorization and Appropriations. —
The loan in the amount of TWENTY FIVE MILLION U.S. DOLLARS
(U.S.$25,000,000) obtained from the International Bank for
Reconstruction and Development shall finance partially the
implementation of the Mindoro Project.
The appropriate Philippine Government counterpart fund for each of the
Project's components shall be made available through the usual
government budgetary systems and procedures. For this purpose, each
implementing department and agency shall keep a separate account for
the implementation of the project/projects under their concern.
For the Mindoro Office, the sum of ONE MILLION FIVE HUNDRED THOUSAND
PESOS (P1,500,000.00) is hereby allocated from the Special Activities
Fund under Presidential Decree 733, to initially fund the operation of
the Office. For the succeeding fiscal year, until its termination,
their budgetary requirements shall be provided for in the annual
General Appropriation Act of the Government in such amounts as shall be
adequate for the purpose.
Section 20. Separability Clause. — If any provision
of this Decree shall be invalid, the remainder shall continue to be
operative.
Section 21. 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 22. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 2nd day of October, in the year of Our Lord, nineteen hundred and
seventy-five.
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