Board of Directors: composition.
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 five members appointed by the President with the consent of the Commission on Appointments. The President shall designate from among the members of the Board its Chairman, who shall at the same time be the General Manager of the Authority, notwithstanding any provision of law to the contrary.
Acting Chairman-General Manager.
SEC. 16. Acting Chairman-General Manager.—In case of vacancy in the position of Chairman-General Manager and the President has not yet filled the same in accordance with the preceding section, or in the absence or incapacity of the Chairman-General Manager, the most senior member of the Board in point of length of service as member thereof who meets the qualifications set forth in Section twenty-seven of this Act shall act as Chairman-General Manager.
Appointment and tenure.
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 nomination: one at the end of the second year; two at the end of the fourth year; and two, including the Chairman-General Manager, 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.
Vacancy before expiration of term.
SEC. 18. Vacancy before expiration of term.—Any member appointed to fill a vacancy in the Board occuring prior the expiration of the term for which his predecessor was appointed shall serve only for the unexpired period.
Effect of vacancies: quorum.
SEC. 19. Effect of vacancies: quorum.—Vacancies in the in the Board, as long as there shall be three members in office, shall not impair the powers of the Board to execute the functions of the Authority; three of the members of the Board in office shall constitute a quorum for the transaction of the business of the Board.
Qualifications of directors.
SEC. 20. Qualifications of directors.—All members of the Board shall be natural-born citizens of the Philippines. No person shall be appointed as a member of the Board unless he be of unquestionable integrity and familiar with the technical aspects of socio-economic development.
Economist, planners, financial and management experts and other technical personnel employed in other government agencies shall not be barred from serving as members of the Board and receiving per diems therefor: Provided, That their appointment is made with the consent of their respective chiefs of office.
Disqualifications.
SEC. 21. Disqualifications.—No member of the Board shall directly or indirectly engage in partisan political activities or practice any profession or business which may be affected by or related to the exercise of the Authority's functions and powers. Violation of this section shall constitute a ground for dismissal.
SEC. 22. Prohibition against "conflict-of-interest."—No member of the Board shall be financially interested, directly or indirectly, in any contract entered into by the Authority or in any special privilege granted by the Authority during his term of office. Violation of this prohibition shall constitute a ground for dismissal.
Removal for cause; courtesy resignation.
SEC. 23. Removal for cause; courtesy resignation.—A member of the Board may be suspended or removed by the President only for cause. No member of the Board shall be required to submit a courtesy resignation at any time during his term of office.
Board meetings.
SEC. 24. Board meetings.—The Board shall meet as frequently as is necessary to perform its duties, but shall meet at least once every month. The Board shall be convoked by the Chairman or upon written request signed by a majority of the members.
Per diems.
SEC. 25. Per diems. —The members of the Board, except the Chairman-General Manager, shall receive for every meeting attended a per diem of one hundred pesos: Provided, That in no case will the total amount received by each exceed the sum of one thousand pesos for any one month. Members of the Board shall be reimbursed by the Authority for actual expenses (including traveling and subsistence expenses) incurred by them in the performance of their duties.
Powers of General Manager.
SEC. 26. Powers of General Manager.—The General Manager shall be the chief executive of the Authority. 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 operation 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.
Qualifications of General Manager.
SEC. 27. Qualifications of General Manager.—In addition to the qualifications for director set forth in Section twenty of this Act, no person shall be appointed General Manager unless he be of demonstrated executive competence and experience in the field of public administration or the management of agricultural, industrial or commercial enterprises.
Compensation.
SEC. 28. Compensation.—The General Manager shall receive a compensation of not exceeding twenty-four thousand pesos per annum which shall be charged against the Authority's annual appropriation for operating expenses.
Residence requirement.
SEC. 29. Residence requirement.—The General Manager shall be required to reside in the vicinity of the Authority's principal office. He shall be prohibited from engaging in any business, calling or profession during the whole period of his office.
Activities of the Authority: key officials.
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 Department of Planning and Research.
An assistant General Manager who shall head Program Implementation Department which shall take charge of implementing specific projects undertaken by the Authority.
General Counsel with the rank of department head to advise and represent the Authority on legal matters procedures and actions.
Such other officials as the Board of Directors may consider necessary for the efficient conduct of the Authority's activities.
Merit system.
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 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 personnel, including temporary workers, shall be governed by such merit system.
Appointment by Board.
SEC. 32. Appointment by Board.—Division chiefs and officials of higher rank shall be appointed by the Board, upon recommendation of the General Manager.
Appointment by General Manager.
SEC. 33. Appointment by General Manager.—Employees and officials below the rank of division chief 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 standards 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.
Minimum wage.
SEC. 34. Minimum wage.—All contracts entered into by the Authority which require the employment of persons shall contain provisions that not less than the minimum wage fixed by law or the current rate of wage of work of a similar nature prevailing in the vicinity where such work is to be done, whichever is higher, shall be paid to such persons so employed.
Wage dispute.
SEC. 35 Wage dispute.—In the event any dispute arises what are the prevailing rates of wages for a particular work in a particular vicinity, the question shall be referred to the Secretary of Labor for determination, who shall give due regard to those rates which have been secured through collective bargaining by the representatives of employers mid employees.
Provision for equivalent wages.
SEC. 36. Provision for equivalent wages.—Where such work as described in the two preceding sections is done directly by the Authority, the prevailing rates of wages shall be paid in the same manner as though such work had been let by contract.
Other benefits.
SEC. 37. Other benefits.—As far as applicable, the benefits granted by existing labor laws shall extend to persons given employment under the provisions of this Act.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
