P.D. No. 1048 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 1048 November 15, 1976
IMPLEMENTING THE SAMAR INTEGRATED RURAL DEVELOPMENT PROJECT, 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 areas to solidify the economic and social structure of our society;
WHEREAS, the success of the project requires that the management and planning of the island 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, managing and monitoring this integrated 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 ensure the success of this project, do hereby order and decree the following:
Section 1. Declaration of Policy. The Samar Integrated Rural Development Project, identified as the fourth Integrated Rural Development Project of the Philippines, hereinafter referred to as the project, is hereby declared an integrated rural development project of the national government under the direct supervision of the Cabinet Coordinating Committee on Integrated Rural development projects of the National Economic and Development Authority. The Cabinet Coordinating Committee on Integrated Rural development Projects, as created in Letter of Instructions No. 99 and stipulated in Presidential Decree No. 805, is composed of the Secretary of Agriculture as Chairman, of Public Work as Vice-Chairman, with the Secretaries of Finance, Public Highways, Natural Resources, Local Governments and Community Development, Agrarian Reform, National Economic and Development Authority, and the Office of the President, as members. The Cabinet committee shall be charge with the planning and implementation of all rural development projects in the country. 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 Coordinator for the Project. The Secretary of Local Governments and Community Development shall be the Cabinet Committee Coordinator for the Project and shall act for the chairman of the Cabinet Coordinating 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:
(a) Oversee the coordination of the planning and implementation of the project;
(b) Review the project's consolidated plans, budgets, and work programs and recommend approval by the Cabinet Committee;
(c) Arrange and/or negotiate with local and foreign financing institutions, subject to approval by the Cabinet Committee for the funding of rural development projects in the area;
(d) Approve requests of the implementing departments and agencies for budget releases for projects in accordance with the consolidated plans, budgets 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;
(e) Appoint the Project Director;
(f) Bring to the attention of the Cabinet Committee matters that require its urgent considerations.
Sec. 3. Creation and Domicile of the Samar Integrated Rural Development project Office and the Samar Field Offices. There is hereby created a Samar Integrated Rural Development project Office, hereinafter referred to as the Project Office, which shall be under the supervision of the Cabinet Committee, through the Cabinet Committee Coordinator, for the purposes of coordinating the planning and implementation of the project by the implementing departments and agencies at the national and local levels unless otherwise decreed, the jurisdiction of the Project shall cover the provinces of Northern, Eastern, and Western Samar.
The Project Office shall be headed by a Project Director who shall maintain a technical and management staff to assist him to performance of his duties and responsibilities.
Samar Field Offices for Northern, Eastern, and Western Samar shall be set up to facilitate the implementation of plans and programs for the areas. Project Officers to be appointed by the Project Director shall head each of the offices. The Project Officers shall maintain a technical and management staff for effective implementation of the areas' plans and programs.
Sec. 4. Appointment, Tenure of Office, Qualifications and Compensation of the Project Director. The Project Director of the Samar office shall be appointed by the Cabinet Committee Coordinator. He shall serve until such time as the Samar project Office is dissolved, unless sooner removed from office for cause by the Cabinet Committee Coordinator.
The appointee to the position of Project Director shall possess the following qualifications:
(a) A natural-born citizen of the Philippines;
(b) Of legal age and residing in the Philippines;
(c) A proven record of executive competence in the field of public administration and/or infrastructure projects or in the management of agricultural, industrial and similar programs.
The annual compensation and allowances of the Project Director shall be fixed by the Cabinet Coordinating Committee.
Sec. 5. Powers and Functions of the project Director. The Project Director of the Samar Officers shall exercise the following powers and functions;
(a) Directly coordinate the activities of all implementing departments and agencies in the planning and implementation of the projects;
(b) Monitor the progress and evaluate the effects of project execution by the implementing departments and agencies;
(c) Submit periodic financial and work accomplishment reports relating to project implementation to the Cabinet Coordinating Committee;
(d) 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 released of funds;
(e) 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;
(f) Organize, appoint, remove and/or discipline the personnel of its technical and management staff;
(g) Adopt and promulgate administrative rules and procedures for the internal management of the Samar Office and its provincial project offices;
(h) 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;
(i) Apply for, receive and accept grants and donation of funds, equipment, materials and services needed by the Project from sources within and outside the Philippines;
(j) Prepare feasibility studies for newly identified rural development projects for Samar provinces as authorized by the Cabinet Coordinating Committee;
(k) Perform such functions as are inherently necessary in the operational management of the project in accordance with the policies and guidelines formulated by the Cabinet Coordinating Committee.
Sec. 6. Staff Appointments. In accordance with the staffing pattern to be recommended by the Cabinet Coordinator and to be approved by the Budget Commission, the project Director shall appoint the other personnel of the project and define their duties and responsibilities; Provided, that the Project may employ personnel on part-time basis, any provision of law to the contrary notwithstanding.
Sec. 7. Creation, Composition and Functions of the project Coordination Committee. For the purpose of providing operating policies and guidelines, for the day-to-day operations of the project Office, there is hereby created a Samar Integrated Rural Development project Coordination Committee, hereinafter referred to as the Project Coordination Committee. It shall be composed of the Project Director as chairman, the National Economic and Development Authority Region 8 Director as vice-chairman, with the governors of Western Samar, Eastern Samar and Northern Samar, the Project Officers of the three Samar provinces, and the various representatives of the Departments of Public Works, Transportation and Communications, Agriculture, Natural Resources, Local Governments and Community Development, Agrarian Reform, Health, Education and Culture, Public Highways and National Irrigation Administration, as members.
Sec. 8. Function of the Project Coordination Committee. The Samar Project Coordination Committee shall have the following functions:
(a) Provide planning and management policies and guidelines for the day-to-day operations of the project Office;
(b) Insure that plans and programs for the Samar Integrated Areas Development Program conform with the overall development plan for Region 8;
(c) Serve as a forum to resolve problems of inter-agency coordination at the Samar island level and promote and/or institute remedial measures for facilities of project implementation; and
(d) Perform such other duties as may be assigned to it by the Cabinet Committee.
Sec. 9. Role, Functions and Responsibilities of the Implementing Departments and Agencies. All designated implementing departments and agencies shall be responsible for the execution of the projects assigned to the Project Director, and shall submit to the Cabinet Coordinating Committee through the Project 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 10. Expenditures and Disbursements. Identified projects of the program funded by foreign or international institutions shall be exempt from any government ban and restriction against purchases of equipment and non-expendable and semi-expendable properties.
Section 11. Exemption from Taxes. Any provision of existing laws to the contrary notwithstanding, any donation, contribution, bequest, 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.
Section 12. Auditing System. The Commission on Audit shall assign an auditor to the Project in accordance with existing laws, rules and regulations. The Auditor shall submit to the Cabinet Committee consolidated project financial report within sixty (60) days after the close of each calendar year.
Section 13. Appropriations. For the Samar Project Office and the three Field Office in Samar, the amount of FIVE MILLION PESOS (P5,000,000.00) is hereby appropriated out of any available funds from the National Treasury, not otherwise appropriated. For the succeeding fiscal year, until its termination, the budgetary requirements shall be provided for in the General Appropriations Act of the government in such amounts as shall be adequate for the purpose.
For the Secretariat of the Cabinet Coordinating Committee on Integrated Rural Development Projects (CCC-IRDP) as stipulated in Presidential Decree No. 805, the amount of TWO MILLION PESOS (P2,000,000.00) is hereby appropriated out of any available funds from the National Treasury, not otherwise appropriated. Thereafter, funds sufficient to fully carry out the objectives of the Cabinet Coordinating Committee on Integrated Rural Development Projects shall be appropriated every fiscal year in the General Appropriations Act.
Section 14. Separability Clause. If any provision of this Decree shall be invalid, the remainder shall continue to be operative.
Section 15. 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.
Section 16. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 15th day of November, in the year of Our Lord, nineteen hundred and seventy-six.