SEC. 5. Powers and Functions. — The Authority shall
have the following powers and functions;
To have perpetual succession in its corporate name;
To sue and be sued;
To adopt, alter and use a corporate logo, seal arid/or emblem;
To adopt, amend and repeal its by-laws;
To enter into contracts of any kind and description to enable
it to carry out its purposes and functions under this Decree;
To acquire, lease or hold real property and personal property
as it deems necessary or convenient in the successful prosecution of its
business, and may lease, mortgage, sell, alienate, or otherwise dispose
of such personal and real property held by it, but may not dispose any
of its real properties under conditions which would limit its
developmental control over the area herein defined; and/or dispose of
its capital assets for delivery or use outside of the Province of Leyte
without the approval of the Governor, or outside of the Philippines
without the approval of the President of the Philippines;
To exercise the power of eminent domain in the name of the
Republic of the Philippines;
To adopt and implement measures designed to protect the life,
liberty and properties of persons within the Basin: Provided,
That such measures are approved by the President of the Philippines;
To perform prior screening functions, as a condition precedent
to the approval by any national, provincial or municipal governmental
agency, of any permit, license, lease, franchise or concession for the
operation of any business or the exploitation, development or
utilization of natural resources within the Basin;
To arrange and negotiate with the private landowners within
the Basin, for the lease or other use of trancts of land required for
extensive mechanized cultivation by private corporations;
To grant loans to farmers' cooperatives, implementing
development projects previously approved by the Authority, subject to
applicable requirements of law on the matter;
To negotiate and enter into management and/or consulting
contracts with local and/or foreign management consulting firms for the
management of the Authority and/or the planning and implementation of
agro-industrial development projects in the Basin. Moreover, the
Authority shall also have the power to effect advance payment of the
stipulated fees;
To avail of the expertise of any particular employee,
technician, or group of persons in any bureau, office or department of
the National Government whose services are deemed urgently needed for
the attainment of the goals of the Authority, with the consent and
approval of the department head concerned;
To conduct scientific experiments, investigation and research
to discover economical and practical methods of increasing
agro-industrial production and other related endeavors;
To encourage and organize by arranging appropriate financing
schemes, cooperative ventures in agriculture, agri-business, industry
and commerce;
To arrange and negotiate on behalf of the Province of Leyte and
for the Republic of the Philippines for local and/or foreign financing
of projects undertaken by the Authority subject to the approval of the
Governor of the province or the President of the Philippines as the case
may be;
To engage in agro-industrial and business activities including
the organization and/or financing of rural or cooperative banks;
To make such regulations as are necessary to execute the powers
and functions vested in it by this Decree; and
To do such other things as are directly or indirectly
necessary, incidental or conducive to the attainment of the objectives
of this Decree.