REPUBLIC ACT NO. 7820 - AN ACT
CREATING THE PARTIDO DEVELOPMENT ADMINISTRATION, DEFINING ITS POWERS
AND FUNCTIONS, PROVIDING FUNDS THEREFORE, AND FOR OTHER PURPOSES
Section 1. Title. — This Act shall be known as the "Partido
Development Administration Act of 1994."
Sec. 2. Declaration of Policy. — It is hereby
declared the policy of the State to accelerate the development of
lagging regions and districts in order to catch up with more advanced
regions and districts through an integrated and coordinated approach.
Sec. 3. Creation of the Partido Development
Administration. — To implement the abovementioned policy, there is
hereby created a corporate body to be known as the Partido Development
Administration, hereinafter referred to as the "Administration," which
shall be under the supervision and direction of the Board of Directors.
Sec. 4. Jurisdiction. — The jurisdiction of the
Administration covers the following municipalities in the Province of
Camarines Sur: Sagnay, Tigaon, Goa, San Jose, Lagonoy, Tinambac,
Siruma, Presentacion, Garchitorena and Caramoan.
Sec. 5. Functions and Powers. — The Administration
shall have the following functions and powers:
(a) To make a comprehensive survey of the physical
and natural resources of the district, including social conditions and
values, and institutional systems, as well as special problems of the
area;
(b) To prepare, undertake, and implement a
comprehensive and integrated development program for the district;
(c) To pass over all plans, programs, projects, and
project developmental programs proposed by local government agencies
within the district, public corporations, and private enterprises where
such plans, programs and/or projects are related to the development of
the district as envisioned in this Act. The Administration shall
determine whether such plans, programs and/or projects are contributory
to district development and consistent with national goals and
objectives;
(d) To make recommendations to the proper agencies on
the technical support, physical assistance and, generally, the level of
priority to be accorded agricultural, industrial, commercial, and
infrastructure projects, soliciting or requiring direct or indirect
help from or through the government or any of its instrumentalities;
(e) To encourage investments in the district by
extending the necessary planning, management, and technical assistance
to prospective and existing investors;
(f) To help promote the economic zones and/or
industrial estates established in the district;
(g) To engage in agriculture, industry, commerce or
other activities within the district which may be necessary to the
socioeconomic development of the area and for this purpose, whether by
itself or in cooperation with private persons or entities, to organize,
finance, invest in, and operate subsidiary corporations: provided, that
the Administration shall engage only, unless public interest requires
otherwise, in those activities as are in the nature of new ventures or
are clearly beyond the scope, capacity or interest of private
enterprises;
(h) To receive grants, both in cash and in kind, for
its capitalization and operation;
(i) To establish, operate and/or contract to operate
such agencies, functional units and instrumentalities which may be
necessary for the furtherance of the provisions of this Act;
(j) To adopt a corporate seal, enter into contracts,
and alienate properties;
(k) To sue and be sued; and
(l) To exercise any other functions necessary to
attain the purposes for which it is created.
Sec. 6. Capitalization. — The Administration shall
have an authorized capital stock of Fifty million pesos (P50,000,000)
to be subscribed and paid by the member-municipalities.
The amount necessary for the implementation of this Act shall be
charged against the member-municipalities and against the special fund
provided for under Section 12 of Presidential Decree No. 1869, as
amended, in addition to the projects therein.
Sec. 7. The Board of Directors. — The affairs and
business of the Administration shall be directed and its properties
managed and preserved unless otherwise provided by this Act by a Board
of directors hereinafter referred to as the "Board."
(a) Composition of the Board —
The Board shall have twenty-three (23) members:
(1) The ten (10) mayors of the member-municipalities,
as ex officio members;
(2) One (1) private sector representative from each
of the member-municipalities selected from among duly organized
non-governmental organizations (NGOs) and sectoral associations, such
as, but not limited to farmers, fishermen, businessmen, youth, women,
etc., whose terms of office shall be two (2) years;
(3) The incumbent member of the House of
Representatives representing the third congressional district of the
Province of Camarines Sur, and the Administrator as ex officio members;
and
(4) The provincial development and planning
coordinator of the Province of Camarines Sur.
(b) Quorum and voting —
The chairman of the Board who shall have a term of two (2) years shall
be elected by the Board from among themselves. The members of the
Board shall have one (1) vote each. A majority of the members
shall constitute a quorum. A decision shall, as far as
practicable, be reached by consensus. If no consensus is reached,
a decision shall be arrived at upon a vote of the majority of all
members of the Board constituting the quorum.
(c) Powers and functions of the Board —
The Board shall:
(1) Formulate policies, develop programs, and
promulgate rules and regulations to carry out the powers and functions
of the Administration;
(2) Approve each year a budget to cover the
operations of the Administration based upon the:
(i) Income from the Administration's investments and
projects in member-municipalities; and
(ii) Paid-up capital and additional paid-up
subscriptions.
(3) Fix compensations, emoluments, and allowances of
the administrator and other officers and personnel of the
Administration;
(4) Approve appointment of all officers and employees
of the Administration in accordance with the civil service law, rules
and regulations; and
(5) Perform such other functions as may be necessary
to carry out the purposes of this Act or as may be provided in other
sections of this Act.
Sec. 8. Duties and Functions of the Chairman of
the Board. — The chairman shall:
(a) Call and preside at the meetings of the Board and
shall see to it that the policies, programs, and rules and regulations
developed and promulgated by it are implemented properly;
(b) Present for approval by the Board:
(1) The annual budget of the Administration;
(2) The rules and regulations needed to carry out the
provisions of this Act and the amendments thereto;
(3) Other matters which he deems necessary or proper
for the effective implementation of this Act; and
(4) The annual report on the activities and finances
of the Administration, copies of which upon approval by the Board,
shall be furnished the offices of the governor of the Province of
Camarines Sur, the member of the House of Representatives representing
the third district of Camarines Sur, and the two (2) provincial board
members from the third district of Camarines Sur.
(c) Perform such other functions which the Board may
direct to carry out the provisions of this Act.
Sec. 9. Organizational Structure. — The Board
shall determine the organizational structure, staffing pattern, and pay
scale of the officers and employees of the Administration. The
Board may reorganize the same and create or abolish divisions, offices,
units, branches or agencies therein, as it may deem to be required:
provided, that the municipal planning and development coordinator of
the member-municipalities shall be involved in the day-to-day
operations of the Administration, who, in carrying out their assigned
tasks, may be assisted by contractual personnel: provided, further,
that the number of contractual personnel to be employed by the
Administration shall be based on such organizational structure jointly
prepared by the Board and the administrator.
SECTION 10. The Administrator. — The Administration
shall have an administrator who may be recommended by the provincial
governor of the Province of Camarines Sur to be appointed by the Board:
provided, that should the governor fail to recommend within thirty (30)
days from receipt of the notice of vacancy from the Board, the Board
may appoint the administrator of its own choice. He shall be the
chief executive officer of the Administration and automatically
vice-chairman of the Board.
The administrator shall have the following powers, duties, and
responsibilities:
(a) To submit to the Board, through the chairman,
policies and measures which, in his judgment, are necessary to carry
out the purposes and provisions of this Act;
(b) To prepare the budget of the Administration for
approval of the Board;
(c) To execute and administer policies and measures
approved by the Board;
(d) To direct and supervise the operations and
internal administration of the Administration. He may delegate
certain administrative responsibilities to other officers of the
Administration subject to the rules and regulations of the Board;
(e) To appoint all employees of the Administration
except the heads of departments and divisions whose appointments shall
be made by the Board upon his recommendation; and to remove, dismiss or
otherwise discipline for cause, such employees in accordance with Civil
Service Law, rules and regulations;
(f) To represent the Administration in all its
dealings with other offices, agencies, and instrumentalities of the
government and with other persons and entities, public or private;
(g) Subject to the approval of the Board, to
determine the rates of compensation, allowances, honoraria, and such
other additional compensation which the Administration is hereby
authorized to grant its officers, technical staff, and consultants
including the necessary detailed personnel; and
(h) To exercise such other powers as may be granted
to him by the Board.
The administrator shall have the following qualifications:
(1) He must at least possess a master's degree in
management or other such equivalent educational qualification;
(2) He must preferably be a resident of the third
district of Camarines Sur;
(3) He must have had at least three (3) years
management experience involving not less than fifty (50) subordinates;
(4) He must have had at least three (3) years
experience in development planning; and
(5) He must not have been convicted of any crime in
any court of law.
SECTION 11. Power to Issue Bonds. — Whenever the
Board deems it necessary for the Administration to incur an
indebtedness or to issue bonds to carry out the provisions of this Act,
it shall, by resolution, declare and state the purpose for which the
proposed debt is to be incurred.
In order that such resolution be valid, it shall be passed by the
affirmative vote of at least two-thirds (2/3) of all the members of the
Board.
SECTION 12. Sinking Fund. — A sinking fund shall be
established by the Administration in such manner that the total annual
contributions thereto, accrued at such rate of interest as may be
determined by the Secretary of Finance, shall be sufficient to redeem
at maturity the bonds issued under the provisions of this Act.
SECTION 13. Foreign Loans. — The Administration is
hereby authorized to contract from time to time loans, credits, and
indebtedness repayable in foreign currencies from foreign governments
or any international financial institution, or fund sources for use in
the development of the district.
The President of the Philippines, by himself, or through the Secretary
of Finance, is hereby further authorized to guarantee, on behalf of the
Republic of the Philippines, the payment of any loan herein authorized,
as well as the performance of any other obligations undertaken by the
Administration, pursuant to loan agreements with foreign governments or
international financial institutions.
In the negotiation and contracting of any loan, credit, or indebtedness
under this section, the provisions of Sec. 4 of Republic Act No.
4860 and Sec. 5 of Republic Act No. 6142, as amended, shall apply.
The loans, credits, and indebtedness contracted under this subsection
and the payment of the principal, interest and other charges thereon,
as well as the importation of machinery, equipment, materials and
supplies by the Administration, paid from the proceeds of any loan,
credit or indebtedness incurred under this Act shall be exempt from all
taxes, fees, importations, charges, and restrictions imposed by the
Republic of the Philippines, or any of its agencies and political
subdivisions.
SECTION 14. Auditor. — The Administration shall be
subject to audit by the Commission on Audit (COA). The COA
resident auditor shall submit a report of audit findings at the end of
each calendar semester to the Board.
SECTION 15. Annual Report. — The Administration shall
publish annually a report on its operations and achievements including
therein its financial statements. The annual report shall be
submitted to the governor of the province, the congressman of the
district, the members of the sangguniang panlalawigan, the municipal
mayors of the municipalities of the district, and such appropriate
government and non-governmental organizations, universities, colleges
and other entities and media as the Board may determine.
SECTION 16. Merit System. — All officials and
employees of the Administration shall be elected and appointed on the
bases of merit and fitness, in accordance with the merit system to be
established by the Administration upon its organization in accordance
with the Civil Service Law, rules and regulations. The transfer,
promotion, and dismissal of all personnel including temporary workers
shall be governed by such merit system. Their qualifications
being equal, long time residents of the district shall be preferred in
recruiting administration staff.
SECTION 17. Donations and Gifts. — The Administration
may receive donations or bequests which shall be utilized only for
implementation of programs and projects of the Administration:
provided, that such programs and projects financed by foreign grants or
loans with national security implications shall be approved by the
national agency concerned which shall be deemed to have approved the
same if it fails to act on the request from the Administration for such
approval within thirty (30) days from receipt thereof. Any such
donations or bequests shall be exempt from the payment of gift taxes
and the full amount of such donations or bequests shall be deductible
from the gross income of the donor for the year during which the same
is made.
SECTION 18. Dissolution. — The Administration shall
be dissolved even before the expiration of its corporate life once
objectives have been realized as manifested by a comprehensive road
network and economic indicators equal to those present in the most
developed district in the country. The regional development
council through the National Economic and Development Authority (NEDA)
shall initiate the dissolution by submitting a recommendation to the
Board.
SECTION 19. Applicability of the Corporation Law. —
The provisions of the corporation law, as amended, insofar as they are
not inconsistent with this Act, shall be applicable to the operations
of the Administration.
Sec. 20. Separability Clause. — Should any
provision of this Act be declared invalid or unconstitutional, any
provision not affected thereby shall remain in full force and effect.
Sec. 21. Repealing Clause. — All other laws,
decrees, orders, rules and regulations, and their issuances or parts
thereof inconsistent with this Act are hereby repealed or modified
accordingly.
Sec. 22. Effectivity Clause. — This Act shall take
effect upon its approval and publication in two (2) newspapers of
general circulation in the Bicol region and the entire country.
Approved: November 18, 1994
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