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PRESIDENTIAL DECREE NO. 926
PRESIDENTIAL DECREE NO. 926 -
MODIFYING THE ORGANIZATIONAL STRUCTURE FOR THE BICOL RIVER BASIN
PROGRAM, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES
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chanroblesvirtualawlibrary
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, Presidential Decree No. 805 reconstituted the Cabinet
Coordinating Committee on Integrated Rural Development Projects
constituted under Letter of Instructions No. 99;chanroblesvirtualawlibrary
WHEREAS, an integral rural development program has been adopted for the
Bicol River Basin;chanroblesvirtualawlibrary
WHEREAS, the success of the program requires that the management and
planning of the basin area be comprehensive, decentralized, and framed
within regional and national plans;chanroblesvirtualawlibrary
WHEREAS, there is an urgent need to enhance the organizational
framework and system capability for planning and monitoring of this
integrated multi-project area development program;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 Bicol River
Basin Development Program , initiated pursuant to Executive Order No.
412 dated May 17, 1973, hereinafter referred to as the Program, is
hereby declared an integrated area development program of the national
government under the supervision and direction of the Cabinet
Coordinating Committee on Integrated Rural Development Projects of the
National Economic and Development Authority and the following policies
are adopted for the effective implementation thereof: (a) to integrate
national and local government programs and projects within its
jurisdiction; and (b) to decentralize the planning and implementation
of rural development projects.
Section 2. Cabinet Committee Coordinator for the
Program. — The Secretary of Public Works, Transportation and
Communications shall be the Cabinet Committee Coordinator for the
Program and shall act for the Chairman of the Cabinet Committee in all
administrative matters, in accordance with the broad policies and
guidelines established by the Cabinet Committee. As Cabinet Committee
Coordinator, he shall have the following powers and functions: chanroblesvirtualawlibrary
a. Oversee the coordination of the planning and
implementation of the Program;chanroblesvirtualawlibrary
b. Review the Program's consolidated plans, budgets
and work programs and recommend approval by the Cabinet Committee;chanroblesvirtualawlibrary
c. Arrange and/or negotiate with local and foreign
financial institutions, subject to approval by the Cabinet Committee
for the funding of rural development projects in the Basin;chanroblesvirtualawlibrary
d. Approve requests of the implementing departments
and agencies for budget release for projects in accordance with the
consolidated plans, budgets and work programs approved by the Cabinet
Committee; Provided, That such approval, shall be subject to the
availability of funds in accordance with the existing budgetary policy,
laws, rules and regulations which shall be secured from the President;chanroblesvirtualawlibrary
e. Appoint the Program Director and heads of major
organizational subdivisions of the Program Office;chanroblesvirtualawlibrary
f. Bring to the attention of the Cabinet Committee
matters that require its urgent consideration;chanroblesvirtualawlibrary
g. Call upon any department, bureau, office,
instrumentality or any political subdivision of the Government for such
assistance that may be needed in achieving the objectives of the
Program; and
h. Exercise such other related powers as may be
delegated by the Cabinet Committee.
Section 3. Creation and Domicile of the Bicol River
Basin Development Program Office. — There is hereby created a Bicol
River Basin Development Program Office, hereinafter referred to as the
Program Office, which shall be under the supervision of the Cabinet
Committee, through the Cabinet Committee Coordinator, for the purpose
of coordinating the planning and implementation of the projects by the
implementing departments and agencies at the national and provincial
levels. The Program Office shall have its provincial office in
Camarines Sur. It shall also have a Manila Liaison Office for the
purpose of facilitating supportive actions at the national level and
such sub-offices as may be necessary in any municipality or city within
the Program area.
Unless otherwise decreed, the jurisdiction of the Program Office shall
encompass the Bicol River Basin area covering the municipalities of Del
Gallego, Ragay, Lupi, Sipocot, Libmanan, Cabusao, Pasacao, Pamplona,
San Fernando, Milaor, Minalabac, Gainza, Camaligan, Canaman, Magaro,
Bombon, Calabanga, Tinambac, Goa, San Jose, Lagonoy, Sangay, Tigaon,
Ocampo, Pili, Bula, Baao, Buhi, Nabua, Balatan, Bato and the cities of
Naga and Iriga in the province of Camarines Sur, and the municipalities
of Libon, Polangui, Oas, Ligao, Pio Duran, Guinobatan, Tiwi, Malinao,
Tabaco, Camalig, Daraga and the City of Legaspi in the province of
Albay, and such other areas as the Cabinet Committee may hereinafter
decide to incorporate. chanroblesvirtualawlibrary
Section 4. Powers and Functions of the Program
Office. — The Program Office shall have the following powers, duties
and functions:cralaw:red
a. Serve as a coordinating center for inter-agency
planning and management of Bicol River Basin projects;chanroblesvirtualawlibrary
b. Identify rural development projects in the Bicol
River Basin for inclusion in the integrated rural development program
as authorized by the Cabinet Committee;chanroblesvirtualawlibrary
c. Prepare feasibility studies for identified
projects for the Bicol River Basin as authorized by the Cabinet
Committee;chanroblesvirtualawlibrary
d. Monitor and evaluate the progress and effects of
projects implementation in the Bicol River Basin;chanroblesvirtualawlibrary
e. Maintain a continuous feedback system with
national agencies involved in Bicol River Basin projects;chanroblesvirtualawlibrary
f. Promote and encourage private enterprises and
government agencies and instrumentalities to plan, develop and
implement projects necessary or conductive to the accelerated
development of the Bicol River Basin area;chanroblesvirtualawlibrary
g. Apply for, receive and accept grants and donations
of funds, equipment, materials and service needed by the Program from
sources within and outside the Philippines; Provided, That funds
received herein shall be exempt from the provisions of Presidential
Decree No. 711;chanroblesvirtualawlibrary
h. Call on the appropriate development, bureau,
office, agency , or other government instrumentality for assistance in
the discharge of its duties; and
i. Perform such other related functions as may be
necessary to attain the objectives of this Decree.
Section 5. Appointment, Tenure of Office,
Qualifications and Compensation of the Program Director. — The Program
Office shall be headed by a Program Director who shall be appointed by
the Cabinet Committee Coordinator.
The appointee to the position of Program Director shall possess the
following qualifications: (a) a natural-born citizen of the
Philippines; (b) at least thirty (30) years of age, and (c) of proven
record of executive competence in the field of public administration
and/or infrastructure projects and/or in the management of
agricultural, industrial or commercial enterprises.
The Program Director shall receive an annual compensation to be fixed
by the Cabinet Committee but not exceeding P48,000 per annum and such
allowances received by the other officials of comparable rank.
Section 6. Powers and Functions of the Program
Director. — The Program Director shall exercise the following powers
and functions:cralaw:red
a. Execute and administer the policies and decisions
of the Cabinet Committee; chanroblesvirtualawlibrary
b. Directly coordinate the activities of all
implementing departments and agencies in the planning and
implementation of the projects;chanroblesvirtualawlibrary
c. Submit periodic financial and work accomplishment
reports relating to project implementation to the Cabinet Committee,
the Budget Commission and other Agencies concerned through the Cabinet
Committee Coordinator;chanroblesvirtualawlibrary
d. Consolidate, for the approval of the Cabinet
Committee Coordinator, requests for budget releases of projects of the
implementing departments and agencies in accordance with consolidated
plans, budgets and work programs approved by the Cabinet Committee;chanroblesvirtualawlibrary
e. Collect and consolidate all project accounts under
the Program maintained by the implementing departments and agencies;chanroblesvirtualawlibrary
f. Organize and manage the Program Office and adopt
administrative rules and procedures for its internal management;chanroblesvirtualawlibrary
g. Call upon any department, bureau, office, agency,
instrumentality or any political subdivision of the Government to
assist in the planning and implementation of the Program;chanroblesvirtualawlibrary
h. Enter into contracts with private or public
entities in connection with the functions of the Program Office,
subject to the approval of the Cabinet Committee Coordinator; and
i. Perform such other functions as may be assigned by
the Cabinet Committee Coordinator.
Section 7. Staff Appointments. — In accordance with
the staffing pattern to be approved by the President, the Program
Director shall appoint the other personnel of the Program Office and
define their duties and responsibilities: Provided, That all technical
and professional positions shall be exempt from the rules and
regulations on wage and position classification and shall be provided
with a salary rate to be determined in accordance with the possessed
skills, experiences, educational attainment and the degree of
specialization by the proper authorities concerned. In the case of
personnel who are absorbed in the Bicol River Basin Development Program
Office created by virtue of this Decree, they shall be provided a
salary rate not lower than the salary including other emoluments they
are actually receiving: Provided, further, That the Program Office may
employ personnel on part-time basis, any provision of law to the
contrary notwithstanding. chanroblesvirtualawlibrary
Section 8. Creation, Composition and Functions of
the Programs Coordination Committee. — For the purpose of providing
operating policies and guidelines, for the day-to-day operations of the
Program Office, there is hereby created a Bicol River Basin
Coordination Committee. It shall be composed of the Program Director as
Chairman, the National Economic Development Authority Regional
Executive Director for Region V as Vice-Chairman, with the Governors of
Camarines Sur and Albay, and the designated representative of the
Department of Natural Resources and the Department of Public Works,
Transportation and Communications, the Regional Directors for Region V
of the Department of Local Government and Community Development,
Agrarian Reform, Public Highways, Agriculture, Health, Education and
Culture and the National Irrigation Administration, as members.
Section 9. Functions of the Program Coordination
Committee. — The Bicol River Basin Coordination Committee shall have
the following functions: chanroblesvirtualawlibrary
a. Provide planning and management policies and
guidelines for the day-to-day operations of the Program Officer;chanroblesvirtualawlibrary
b. Insure the plans and programs for the Bicol River
Basin area conform with the overall development plan for Region V;chanroblesvirtualawlibrary
c. Serve as a forum to resolve problems of
inter-agency coordination at the Bicol River Basin area level and
propose and/or institute remedial measures; and
d. Perform such other duties as may be assigned to it
by the Cabinet Committee.
Section 10. Role, Functions and Responsibilities of
the Implementing Department and Agencies. — All implementing
departments and agencies shall be responsible for the executions of the
projects assigned to them. They shall submit to the Cabinet Committee,
through the Program Director, their respective annual project plans,
budgets and the corresponding work programs for approval within three
(3) months before the start of the ensuing calendar year. They shall
also submit the financial and work plans for every request for budget
release and periodic reports containing results of operations to the
Cabinet Committee Coordinator.
Section 11. Expenditures and Disbursements. —
Projects of the Program funded by foreign or international institutions
shall be exempt from any government ban and restrictions against
purchase of equipment and non-expandable and semi-expandable properties.
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
Projects shall be exempt from taxes of any kind and shall constitute
allowable deductions in full from the income of the donors and donee
for income tax purposes. chanroblesvirtualawlibrary
The assets of the Program and its commodity requirements procured from
local and foreign suppliers 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 authority.
Section 13. Auditing System. — The Commission on
Audit shall assign an auditor to the Program in accordance with
existing laws, rules and regulations. The auditor shall submit to the
Cabinet Committee a consolidated project financial report within sixty
days after the close of each calendar year.
Section 14. Appropriations. — The amount of Five
Million Pesos (P5,000,000) is hereby appropriated out of any available
funds from the National Treasury not otherwise appropriated, as
follows: Seven Hundred Fifty Thousand Pesos (P750,000) for the
operating expenses of the Program Office and Four Million Two Hundred
Fifty Thousand Pesos (P4,250,000) for the financing of the
comprehensive operational plan for the Bicol River Basin. Thereafter,
funds sufficient to fully carry out the objectives of the Program shall
be appropriated every fiscal year in the General Appropriations
Act. chanroblesvirtualawlibrary
Section 15. Separability Clause. — If any provision,
part or parts of this Decree is declared unconstitutional, such
declaration shall not invalidate the other provisions hereof which
shall continue to be operative.
Section 16. Repealing Clause. — All laws, decrees,
executive orders, administrative orders, letters of instructions, rules
and regulations, or parts thereof, which are inconsistent with any
provision of this Decree are hereby repealed or modified accordingly.
Executive Order No. 412, dated May 17, 1973, is hereby repealed and the
properties, assets, records, unexpended funds and necessary personnel
of the Program Office of the Bicol River Basin Council are hereby
transferred to the Bicol River Basin Development Program Office created
under this Decree.
Section 17. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 28th day of April in the year of Our Lord, nineteen hundred and
seventy-six.
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