Presidential Decree No. 805 (PD 805) — Implementing the Mindoro Integrated Rural Development Program and Providing Funds Therefore.
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;
WHEREAS, Letter of Instructions No. 99 was issued creating a
Cabinet Coordinating Committee for the purpose of coordinating all
integrated rural development project;
WHEREAS, an integrated rural development project has been
adopted for the Mindoro Island;
WHEREAS, the Philippine Government has signed a loan
agreement with the International Bank for Reconstruction and Development
to finance the Mindoro Project;
WHEREAS, there is an imperative need to create the organism
that will implement the Mindoro Integrated Rural Development Project;
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:
Declaration of Policy.
SECTION 1. Declaration of Policy.—The Mindoro
Integrated Rural Development Project, hereinafter referred to as the
Project, is hereby declared as a project of the 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;
SEC. 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 the newly-created Departments involved in
integrated rural development projects. The Cabinet Committee shall now
be composed of the following:
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.
SEC. 3. Creation of an Executive Committee for the
Projects—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 Communications, and the Governors of
the two Mindoro Provinces, or their duly designated representatives, as
members.
Powers and Functions of the Executive Committee.
SEC. 4. Powers and Functions of the Executive Committee.—The
Executive Committee, thru its Chairman, shall exercise and discharge
the following powers and functions:
Formulate policies and guidelines related to the implementation
and management of the Project;
Oversee the coordination of the planning and implementation of
the Project;
Identify other rural development projects in the Mindoro
provinces for inclusion in the adopted integrated rural development
program;
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;
Arrange and/or negotiate with local and foreign financial
institutions for the funding of other rural development projects
mentioned in sub-section (c);
Review the Project's consolidated plans, budgets and work
programs;
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;
Exercise such other inherent powers and policy-making functions.
Creation and Domicile of the Mindoro Integrated Rural Development Office.
SEC. 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.
Appointment, Tenure of Office, Qualifications and Compensation of the Project Director.
SEC. 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:
A natural-born citizen of the Philippines;
At least thirty (30) years of age; and
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.
Powers and Functions of the Project Director.
SEC 7. Powers and Functions of the Project Director.—The
Project Director of the Mindoro Office shall exercise the following
powers and functions:
Directly coordinate the activities of all implementing
departments and agencies in the planning and implementation of the
projects;
Monitor and evaluate the progress and effects of project
execution by the implementing departments and agencies;
Submit periodic financial and work accomplishment reports
relating to project implementation to the Executive Committee;
Approve and consolidate requests for budget releases for the
projects by the implementing departments and agencies and forward the
same to the Budget Commission for releases of funds;
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;
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;
Insure that all conditions contained in the loan agreement
executed between the International Bank for Re construction and
Development and the Philippine Govern ment are faithfully complied with
by all concerned with the implementation of the projects;
Organize, appoint, remove and/or discipline the personnel of its
technical and management staff;
Adopt and promulgate administrative rules and procedures for the
internal management of the Mindoro Office and its provincial project
offices;
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;
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;
Prepare feasibility studies for newly identified rural
development projects for Mindoro provinces as authorized by the
Executive Committee;
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.
Creation, Composition, and Function of the Project Advisory Committee.
SEC. 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 body 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.
Creation, Composition and Functions of the Mindoro Provincial Project Offices.
SEC. 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.
Creation, Composition and Functions of the Agricultural Development Coordinating Council.
SEC. 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.
Roles Functions and Responsibilities of the Implementing Departments and Agencies.
SEC. 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
the 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 operations 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.
SEC. 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 government 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 Philippine Government in the planning and
implementation of the Mindoro Project.
Staff Appointment.
SEC. 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 or 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.
Fund Releases.
SEC. 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.
Expenditures and Disbursements.
SEC. 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.
Exemption from Taxes.
SEC. 16. Exemption from Taxes.—Any provision of
existing laws to the contrary, notwithstanding, any donation,
contribution, request, subsidy or financial aid 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.
Auditing System.
SEC. 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.
Accountability of Implementing Units for Project Commodity Requirement Project.
SEC. 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 implementing departments and agencies including
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.
Loan Authorization and Appropriations.
SEC. 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 shall be provided for in the annual General Appropriation Act
of the Government in such amounts as shall be adequate for the purpose.
Separability Clause.
SEC. 20. Separability Clause.—If any provision of
this Decree shall be invalid, the remainder shall continue to be
operative.
Repealing Clause.
SEC. 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.
Effectivity.
SEC. 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.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
