MODIFYING THE ORGANIZATIONAL STRUCTURE FOR THE BICOL RIVER BASIN PROGRAM, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES

• Number: Presidential Decree No. 926
• Sections: 17

Preamble

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, Presidential Decree No. 805 reconstituted the

Cabinet Coordinating Committee on Integrated Rural Development Projects

constituted under Letter of Instructions No. 99;

WHEREAS, an integrated rural development program has been

adopted for the Bicol River Basin;

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;

WHEREAS, there is an urgent need to enhance the

organizational framework and systems capability for planning and

monitoring of this integrated multi-project area development program:

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:

Section 1

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

SEC. 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:

Oversee the coordination of the planning and implementation of

the Program;

Review the Program's consolidated plans, budgets and

work programs and recommend approval by the Cabinet Committee:

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:

Approve requests of the implementing departments and agencies

for budget releases for projects in accordance with the consolidated

plans, budget 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.

Appoint the Program Director and heads of major organizational

subdivisions of the Program Office;

Bring to the attention of the Cabinet Committee matters

that require its urgent consideration;

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

Exercise such other related powers as may be delegated by the

Cabinet Committee.

Section 3

SEC. 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 principal 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.

Section 4

SEC. 4. Powers and Functions of the Program Office.

The Program Office shall have the following powers, duties and

functions:

Serve as a coordinating center for inter-agency planning and

management of Bicol River Basin projects;

Identify rural development projects in the Bicol

River Basin for inclusion in the integrated rural development program

as authorized by the Cabinet Committee;

Prepare feasibility studies for identified projects for the

Bicol River Basin as authorized by the Cabinet Committee;

Monitor and evaluate the progress and effects of project

implementation in the Bicol River Basin;

Maintain a continuous feedback system with national agencies

involved in Bicol River Basin projects;

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;

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;

Call on the appropriate department, bureau, office, agency or

other government instrumentality for assistance in the discharge of its

duties; and

Perform such other related functions as may be necessary to

attain the objectives of this Decree.

Section 5

SEC. 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 other officials of comparable rank.

SEC.

6. Powers and Functions of the Program Director. The Program

Director shall exercise the following powers and functions:

Execute and administer the policies and decisions of the

Cabinet Committee;

Directly coordinate the activities of all implementing

departments and agencies in the planning and implementation of the

projects;

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;

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;

Collect and consolidate all project accounts under the

Program maintained by the implementing departments and agencies;

Organize and manage the Program Office and adopt administrative

rules and procedures for its internal management;

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;

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

Perform such other functions as may be assigned by the Cabinet

Committee Coordinator.

Section 7

SEC. 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.

Section 8

SEC. 8. Creation, Composition and Functions of the

Program 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 representatives 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

SEC. 9. Functions of the Program Coordination

Committee. The Bicol River Basin Coordination Committee shall have

the following functions:

Provide planning and management policies and

guidelines for the day-to-day operations of the Program Officer;

Insure the plans and programs for the Bicol River Basin area

conform with the overall development plan for Region V;

Serve as forum to resolve problems of inter-agency coordination

at the Bicol River Basin area level and propose and/or institute

remedial measures; and

Perform such other duties as may be assigned to it by the

Cabinet Committee.

Section 10

SEC. 10. Role, Functions and Responsibilities of the

Implementing Departments and Agencies. All implementing departments

and agencies shall be responsible for the execution 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

SEC. 11. Expenditures and Disbursements. Projects

of the Program funded by foreign or international institutions shall be

exempt from any government ban and restriction against purchase of

equipment and non-expendable and semi-expendable properties.

Section 12

SEC. 12. 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

Projects shall be exempt from taxes of any kind and shall constitute

allowable deductions in full from the income of the donors and donees

for income tax purposes.

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

SEC. 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

SEC. 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.

Section 15

SEC. 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

SEC. 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

SEC. 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.

(Sgd.)

FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.)

JUAN C. TUVERA

Presidential Assistant