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Republic Act

AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED THIRTY HUNDRED AND THIRTY-FOUR ENTITLED "AN ACT CREATING THE MINDANAO DEVELOPMENT AUTHORITY, PRESCRIBING ITS POWERS, FUNCTIONS, AND DUTIES, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES"

Number
Presidential Decree No. 594
Date of approval
Sections
26
Preamble

WHEREAS, it is a declared policy to promote and accelerate

the socio-economic growth and development of the Mindanao region;

WHEREAS, in pursuance of such policy there is an urgent need

to strengthen and extend over-all support to the Mindanao Development

Authority to enable it to meet the implementation requirements of its

expanding programs and activities in its area of responsibility;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution as

Commander-in-Chief of all the Armed Forces of the Philippines and

pursuant to Proclamation No. 1081 dated September 21, 1972, and General

Order No. 1 dated September 22, 1972, as amended and in order to effect

the desired changes and reforms in the social, economic and political

structure of our Society, do hereby order and decree as follows:

Section 1

SECTION 1. Section 1 of Republic Act numbered thirty hundred

and thirty-four is hereby amended to read as follows:

"SECTION 1. Declaration of policy. — It is hereby

declared to be the policy to foster the accelerated and balanced growth

of the Mindanao and Sulu region, hereinafter referred to as the region,

within the context of national plans and policies for social and

economic development, through the leadership, guidance and support of

the government. To achieve this end, it is recognized that a government

corporation should be created for the purpose of drawing up the

necessary plans for regional development; providing leadership in the

setting up of pioneering or groundbreaking industrial and agricultural

enterprises; coordinating or integrating the diverse efforts of the

various public and private entities directly engaged in implementing

plans and projects affecting power, manufacturing, mining transportation

and communication, conservation, resettlement, education, extension

work, health and other activities leading to the rapid, socio-economic

growth of the region; and extending or facilitating the extension of

financial, management and technical support to worthwhile industrial and

commercial ventures within the region.

Section 2

SEC. 2. Section 5, Subsections (a), (d), (e), (f) and (g) of

the said Act are hereby amended to read as follows:

"SEC. 5. Purposes.—The Authority shall have the

following purposes:

To make a comprehensive survey of the physical and natural

resources and potentialities of the region, including its social

conditions, values and institutions, and special regional problems and,

on the basis thereof, to draft a comprehensive and detailed plan

designed to promote the region's rapid social and economic development

along the general lines set forth by the National Economic and

Development Authority.

To coordinate and/or integrated such projects or operations

of local governments, governmental agencies, public corporations and,

where clearly necessary and feasible, those of private entities, as bear

directly upon the plans and activities of the Authority so as to make

possible the accelerated and balanced development of the region within

the context of the guidelines formulated by the National Economic and

Development Authority; for this purpose, to set up a compact and

well-trained staff for effective liaison and consultation or joint

planning and/or implementation with such government and private

entities: Provided, That disputes involving jurisdiction between

the Authority and any department, bureau, office, or agency or

instrumentality of the government within the area covered by this Act,

and these arising in the coordination or integration of government

plans, projects or operations in the area shall be settled by decisions

of the President of the Philippines.

To engage in industry, agriculture or other enterprises

within the region which may be necessary or directly contributory to the

socio-economic development of the region and, for this purpose, whether

by itself or in cooperation with private persons or entities, to

organize, finance, invest in, and operate subsidiary

corporations when such an arrangement is clearly necessary to

implement the powers granted to it by this Act: Provided, That

the Authority shall engage only in those activities as are in the nature

of pioneering ventures or are demonstrably beyond the scope,

capacity, or interest of purely private enterprises due to

consideration of geography, technical or capital requirements,

returns on investments, and risks : Provided, further, That the

Authority may undertake and/or invest in social and/or invest in social

and/or service-oriented projects upon the prior approval of the

President, on recommendation of the National Economic and Development

Authority [NEDA].

To advise, cooperate in and, if necessary, to undertake by

itself the readjustment, relocation or resettlement of population in

any part of the country that may be displace or affected by the

socio-economic measures of the government in cooperation with the

national, provincial, city and municipal agencies organized towards that

end.

To make a report annually to the National Economic and

Development Authority and the President, based upon its continuing

assessment and evaluation, in the light of the Authority's approved

plans and objectives, of the progress of its activities,

including those done in collaboration with various government and

private entities engaged in the implementation of socio-economic plans

and projects in the region, including in such report, among other

items, a general survey of the social economic conditions of the

regions, socio-economic problems having special reference to work of the

Authority, a comparison of the development targets set for the year

ending and the manner in which actual accomplishments measure up to such

targets, and appropriate administrative and legislative

recommendations.

Section 3

SEC. 3. Section 6, Subsections (f) and (h) of the same Act

are hereby amended to read as follows:

"SEC. 6. Power, functions, eminent domain, etc. —

Except as otherwise specifically provided in this act, the

Authority-shall have the following powers and functions:

* * * * *

* *

To acquire, lease, or hold such personal and real property as

it deems necessary or convenient in the transaction of its business and

may lease, mortgage, sell, alienate or otherwise dispose of any such

personal and real property held by it.

To exercise the right of eminent

domain in the name of the Republic of the Philippines, and in the

acquisition of real estate by condemnation proceedings, the title to

such real estate shall be taken in the name of the Republic of the

Philippines, but thereafter the title to all such real estate shall be

transferred to the Authority by presidential decree or proclamation to

accomplish the aims and purpose of this Act.

Section 4

SEC. 4. Section 7, Subsection (c) of the same Act is amended

to read as follows:

"SEC. 7. Capitalization. — The Authority shall have

an authorized capital of three hundred million pesos (P300,000,000)

which shall be fully subscribed by the Republic of the Philippines and

shall be paid out as follows:

In case the Authority shall undertake social and/or

service-oriented projects as provided under Section 5 (e) of this Act,

the Board of Directors may appropriate out of the Authority's revolving

fund such amounts as may be necessary to prosecute the said projects.

The National Government shall reimburse the authority for such expenses

actually incurred in the prosecution of such projects which

reimbursement shall accrue to the authority's revolving fund.

Section 5

SEC. 5. Section 8 is hereby reapealed in its entirety and a

new provision to be known as Section 8 is hereby inserted which shall

read as follows:

"SEC. 8. Operating Expenses.—For the operating

expenses of the authority, the Board of Directors may appropriate out of

the authority's revolving fund a sum not exceeding two million pesos

during the fiscal year. A standing annual appropriation of two million

pesos is hereby authorized to be appropriated in the General

Appropriations Act for the current fiscal year, which amount shall be

used to reimburse the authority of the total expenses actually incurred

out of the two million pesos for operating expenses during the preceding

fiscal year, which reimbursement shall accrue to the revolving fund.

The unexpended balance of the appropriation for operating expenses shall

automatically revert to said revolving fund at the end of each fiscal

year and whatever net income of the authority, if any, shall also accrue

to the revolving fund. However, the Board of Directors may appropriate,

in addition to the two million pesos operating expenses herein

authorized, such amount as may be necessary to augment the operating

expenses of the authority: Provided, That such additional

appropriation shall be subject to the approval of the President, upon

the recommendation of the National Economic and Development Authority.

Section 6

SEC. 6. Section 9 of the same act is amended to read as

follows:

"SEC. 9. Power to issue bonds. — Whenever the Board

of Directors may deem it necessary for the Authority to incur an

indebtedness or to issue bonds to carry out the provisions of this Act,

it shall, by resolution, so declared 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 three

members of such Board and approved by the President of the Philippines

upon the recommendation of the National Economic and Development

Authority, after consultation with the Monetary Board of the Central

Bank.

Section 7

SEC. 7. Section 21 of the same Act is amended to read as

follows:

"SEC. 11. Form, rates of interest of bonds, etc. —

The National Economic and Development Authority, in consultation with

the Monetary Board, shall prescribe the form, the rates of interest, the

denominations, maturities, negotiability, convertibility, call and

redemption features, and all other terms and conditions of issuance,

placement, sale servicing, redemption, and payment of all bonds issued

under the Authority of this Act.

The bounds issued by virtue of this Act may be made payable both as

to principal and interest in Philippine currency or any readily

convertible foreign currency. Said bonds shall be receivable as security

in any transactions with the Government in which such security is

required.

Section 8

SEC. 8. Section 12 of the same Act is amended to

read as follows:

"SEC. 12. Exemption from tax. — The Authority shall

be exempt from all taxes, fees, imports and duties of whatever nature,

whether national, provincial, city or municipal, incidental to its

operations: Provided, That its subsidiary corporations shall

likewise be exempt from all said taxes, fees, imports and duties: Provided,

further, That in the event the Authority shall have transferred

control or ownership of such subsidiary corporation to the private

sector, the same shall be subject to all said taxes after said transfer.

All notes, bonds and debentures and other obligations issued by the

Authority shall be exempt from all taxes, both as to principal and

interest.

Section 9

SEC. 9. Section 13 of the same Act is amended to read as

follows:

"SEC. 13. Sinking Fund. — A sinking fund shall be

established in such manner that the total annual contributions thereto,

accrued at such rate of interest as may be determined by the National

Economic and Development Authority in consultation with the Monetary

Board, shall be sufficient to redeem at maturity the bonds issued under

this Act. Said fund shall be under the custody of the Central Bank of

the Philippines which shall invest the same in such manner as the

Monetary Board may approve; charge all expenses of such investments to

said sinking funds, and credit the same with the interest on investments

and other income belonging to it.

Section 10

SEC. 10. Section 15 of the same Act is amended to read as

follows:

"SEC. 15. Board of Directors Composition. —

The corporate powers of the Authority shall be vested in and

exercised by a Board of Directors hereinafter referred to as the Board

which shall be composed of seven members appointed by the President. The

President shall designate from among the members of the Board its

Chairman: Provided, however, That the President may, in the

interest of the service, designate the General Manager as Acting

Chairman of the Board.

Section 11

SEC. 11. Section 16 of the same Act is amended to read as

follows:

"SEC. 16. Acting Chairman. — In case of vacancy in

the position of Chairman and the President has not yet filled the same

in accordance with the preceding section, or in the absence or

incapacity of the Chairman, the most senior member of the Board in point

of length of service as member thereof who meets the qualifications set

forth in Section 27 of this Act shall act as Chairman.

Section 12

SECTION 12. Section 17 of the same Act is hereby amended to

read as follows:

"SEC. 17. Appointment and Tenure.—The term of office

of the first members of the Board shall expire as designated by the

President at the time of appointment: one at the end of the second year;

two at the end of the fourth year; and two, including the Chairman, at

the end of the sixth year after the approval of this Act. A successor to

a member of the Board shall be appointed in the same manner as the

original members and shall have a term of office expiring six years from

the date of the expiration of the term for which his predecessor was

appointed.

Section 13

SECTION 13. Section 25 of the same Act is amended to read as

follows:

Section 14

SEC. 14. Section 26 of the same Act is hereby amended to read

as follows:

"SEC. 26. The General Manager shall be nominated by the

Board and appointed by the President. As such, he shall have the

following powers and duties:

To prepare the agenda for the meetings of the Board

and to submit for the consideration thereof the policies and

measures which he believes to be necessary to carry out the purposes and

provisions of this Act;

To execute and administer the policies and measures approved

by the Board:

To direct and supervise the operations and internal

administration of the Authority. The General Manager may delegate

certain of his administrative responsibilities to other officers of the

Authority subject to the rules and regulations of the Board; and

To exercise such other powers as may be vested in him by the

Board.

Section 15

SEC. 15. Section 28 of the same Act is amended to read as

follows:

"SEC. 28. Compensation. — The General Manager shall

receive a compensation of forty-eight thousand pesos per annum which

shall be charged against the Authority's annual appropriation for

operating expenses:

In case of vacancy in the position of General Manager and the

President has not yet filled the same in accordance with Section 26 of

this Act, or in the absence or incapacity of the General Manager, the

Board may designate an Acting General Manager. In the meantime, the most

senior department head in point of length of service as such in the

authority shall act as General Manager and he shall receive the

compensation fixed for the General Manager.

Section 16

SEC. 16. Section 30 is hereby amended to read as follows:

"SEC. 30. Activities of the Authority; key

officials. — The activities of the Authority shall be carried out

under the supervision of the General Manager, through the following

administrative officials who will be responsible directly to him:

An Assistant General Manager who shall head a Department of

Planning and Research.

An Assistant General Manager who shall head a Program

Implementation Department which shall take charge of implementating

specific projects undertaken by the Authority.

A General Counsel who shall head the Legal Department to

advise and represent the Authority on legal matters, procedures, and

actions.

An Assistant General Manager who shall head a Finance

Department which shall develop and implement plans and programs for the

effective, efficient and economical utilization of the Authority's

financial resources, and advise the General Manager on matters

relating to finance.

An Assistant General Manager who shall head an administrative

services department which shall plan, direct and supervise such

administrative services as supply and records management, secretariat,

duplicating, security, transportation, and building maintenance and

repair, and develop and administer sound practices for personnel

administration and advise the General Manager on all personal matters.

Such other officials as the Board of Directors may consider

necessary for the efficient conduct of the Authority's activities.

Section 17

SEC. 17. Section 31 of the same Act is amended to read as

follows:

"SEC. 31. Merit System. — All officials, agents, and

employees of the Authority shall be selected and appointed on the basis

of merit and fitness in accordance with a comprehensive and progressive

merit system to be established and administered by the Authority

immediately upon its organization and in accordance with Civil Service

rules and regulations. The recruitment transfer, promotion, and

dismissal of all Authority's personnel, including temporary workers,

shall be governed by such merit system.

Section 18

SEC. 18. Section 32 of the same Act is amended to read as

follows:

"SEC. 32. Appointment by Board. — Department heads

shall be appointed by the Board, upon recommendation of the General

Manager.

Section 19

SEC. 19. Section 33 of the same Act is amended to read as

follows:

"SEC. 33. Appointment by General Manager.— Employees

and officials below the rank of department head shall be appointed to

positions in the approved budget by the General Manager upon written

recommendation of the head of the department concerned using as guide

the standard set forth in the Authority's merit system: Provided,

That the General Manager shall submit a quarterly report to the Board

regarding personnel selection, placement and training.

Section 20

SEC. 20. Section 37 of the same Act is amended to read as

follows:

"SEC. 37. Other Benefits. — As far as applicable,

the benefits granted by existing laws shall extend to persons given

employment under the provisions of this Act.

Section 21

SEC. 21. Section 40 of the same Act is amended to read as

follows:

"SEC. 40. Authority under the National Economic and

Development Authority. — Any provision of law to the contrary

notwithstanding, the Authority shall operate as an independent

corporation subject only to the supervision by the National Economic and

Development Authority.

Section 22

SEC. 22. Section 41 of the same Act is amended to read as

follows:

"SEC. 41. Supplies and services other than personal.—

All purchases of supplies or contracts for services, except personal

services, shall be entered into by the Authority. In accordance with the

rules and regulations prescribed and promulgated by the Board, subject

to the approval of the President on recommendation of the National

Economic and Development Authority.

Section 23

SEC. 23. Section 42 of the same Act is hereby repealed

entirely and a new provision to be known as Section 42 is inserted which

shall read:

"SEC. 42. Auditing. — The Auditor General shall act

as ex-officio auditor of the Authority and as such is empowered and

authorized to appoint a representative who shall be the auditor thereof

and fix his salary in an amount equal to the salary authorized for the

first Assistant or next ranking Managing Head of the Authority. The

Auditor General shall, upon recommendation of the Auditor of the

Authority, appoint personnel, subject to the approval of the Board. The

Personnel expenses and operating costs of his office shall be determined

and paid by the Authority. Such salaries and number of auditing

personnel may only thereafter be increased, diminished or altered by the

Auditor General, subject to the approval of the Board, and said

representative and his subordinate personnel may receive such allowances

and privileges as may be authorized and approved by the Board upon

recommendation of the Auditor General.

Such representative shall render an annual audit report on the

financial condition and operations of the Authority to the Board thru

the Auditor General. The Auditor General shall submit his annual report

to the President and the National Assembly.

Section 24

SEC. 24. This decree shall take effect immediately.

Done in the City of Manila, this 3rd day of December in the year

of Our Lord, nineteen hundred and seventy-four.

(Sgd.)

FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.)

ALEJANDRO MELCHOR

Executive Secretary

Section 25Per diems.

SEC. 25. Per diems. — The members of the Board shall

receive for every meeting attended a per diem of two hundred and fifty

pesos; Provided, That in no case will the total amount received

by each exceed the sum of one thousand pesos. Members of the Board shall

be reimbursed by the Authority for actual expenses (including

travelling and subsistence expenses) incurred by them in the performance

of their duties."

26 sections

Cite this law

AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NUMBERED THIRTY HUNDRED AND THIRTY-FOUR ENTITLED "AN ACT CREATING THE MINDANAO DEVELOPMENT AUTHORITY, PRESCRIBING ITS POWERS, FUNCTIONS, AND DUTIES, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES" (Official Gazette). Retrieved via LawPlayer, https://lawplayer.com/ph/act/pd-594

Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).

No copyright in works of the Government (RA 8293 s.176)

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