Presidential Decree No. 926 (PD 926) — Modifying the Organizational Structure for the Bicol River Basin Program, Providing Funds Therefor and for Other Purposes
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. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
