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ADMINISTRATIVE ORDER NO. 18
ADMINISTRATIVE ORDER NO. 18 -
PROVIDING FOR THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT
NO. 7637
WHEREAS, Republic Act No. 7637,
simultaneously created the "MT. PINATUBO ASSISTANCE, RESETTLEMENT AND
DEVELOPMENT COMMISSION (PARDC) to administer the "PINATUBO ASSISTANCE
AND DEVELOPMENT FUND" which provides for the appropriation of P10
billion for the aid, relief and rehabilitation, reconstruction and
development of the lahar-stricken areas;
WHEREAS, there is urgent need to promulgate rules and regulations to
govern the implementation of the said Act;
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by
virtue of the powers vested in my by law, do hereby order the
promulgation and adoption of the following rules and regulations to
govern the implementation of R.A. 7637:
RULE
I
TITLE
These rules and regulations shall be known as the Implementing Rules
and Regulations (IRR) of Republic Act No. 7637.
RULE
II
PURPOSE
It prescribes the policies and guidelines in the administration of the
Mt. Pinatubo Fund by the PARDC, pursuant to relevant provisions of the
Act in order to facilitate compliance thereto and ensure the
fulfillment of its objectives.
RULE
III
POWERS, FUNCTIONS AND
RESPONSIBILITIES
OF THE PARDC
Pursuant to Sec. 7 of RA 7637, the following rules and regulations
are prescribed to effectively discharge the powers and functions of the
Commission.
A. Policy Formulation and Planning
The Commission shall:
1. Prescribe the overall strategic framework in
planning the utilization of the P10 billion Fund provided for an as
scheduled in Sec. 5 of RA 7637.
2. Formulate the policies and approve the Master Plan
for the relief, rehabilitation, resettlement, livelihood services and
infrastructure support for the Mt. Pinatubo victims.
3. Approve the prioritization of projects as
recommended by the Executive Director and changes thereto, together
with realignment of funds as found necessary.
4. Approve the annual Work and Financial Plan of the
Commission and the corresponding projects for implementation by
concerned agencies for submission to DBM.
B. Fund Administration
The Commission shall:
1. Administer judiciously and effectively the P10
Billion Fund by giving priority to resettlement centers,
homesites/townsites and establishment of appropriate livelihood
programs for the calamity victims. Consultations will be undertaken
with the concerned local government units and agencies as well as
representatives of the victims in the use of fund for these purposes.
2. Direct the release of funds to implementing
agencies in accordance with the usual budgetary processes/requirements.
In the event that any implementing agency cannot undertake a project as
determined by the Commission, the fund thereof shall be returned to the
DBM for further disposition.
3. Establish a system of emoluments for the members
of the Commission, the Executive Director and all the consultants and
support staff who may be appointed/hired, subject to pertinent laws and
policies on personnel compensation.
4. Adhere strictly to the guidelines in the
allocation and programming of funds as prescribed in Section s 4 and 5
of RA 7637.
C. Meetings
1. The Commission shall meet at least monthly at a
date, hour and place designated by the Chairman.
2. Commission members, who are members of the
Cabinet, together with ex-officio member shall be allowed
representation by duly designated permanent alternates.
3. A majority of the members of the Commission shall
constitute a quorum for doing business.
4. Resolutions voted upon by the Commission shall be
passed by a majority of the members present.
5. Special meetings may be called by the Chairman as
are necessary. The Executive Director, with the concurrence of at least
two (2) other members, may likewise call for such special meetings.
RULE
IV
POWERS, FUNCTIONS AND
RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR
Pursuant to Sec. 9 of RA 7637, the Executive Director shall adhere
to the following rules and regulations in the exercise of his powers
and functions:
A. Planning
1. Prepare and submit to the Commission for approval
the Master Plan incorporating therein the objectives and guidelines in
Sec. 3 of RA 7637, and the strategic framework for planning as
prescribed by the Commission.
2. Prepare and submit to the Commission an annual
operating budget for approval and thereafter ensure the timely
provision of adequate funding to all projects.
3. Upon approval by the Commission, undertake
negotiations for foreign grants for selected projects under ODA funding.
B. Coordination
1. Coordinate and effect the smooth and immediate
transfer of operating funds, records, assets and liabilities of the
Task Force on the Rehabilitation of Areas Affected by the Eruption of
Mt. Pinatubo, created under PMO No. 369, s-91, as amended, to the
Commission.
2. Ensure the synchronization of project
implementation by concerned government departments and agencies as
prescribed in Sec. 10, RA 7637.
3. Act as arbiter in reconciling implementation
issues among agencies concerned, and to elevate to the Commission
problems and issues that cannot be resolved at his level.
4. Represent the Commission in official
meetings/conferences upon authorization by the Commission.
C. Monitoring
1. Maintain appropriate books, records and reports
for the Commission.
2. Prepare reports to the President and Congress as
required in Sec. 12, RA 7637 for the approval of the Commission.
3. Institute appropriate project management
procedures and policies that will insure efficient and economical
accomplishment of all programs and projects under the Master Plan.
D. Administration
1. Organize an administrative body that will act as
Secretariat to the Commission.
2. Hire casual and contractual employees, consultants
and other support staff as may be needed subject to the approval of the
Commission.
3. Act as the meeting/conference coordinator of the
Commission.
4. Render progress reports on all projects being
undertaken by concerned agencies to include fund releases, obligated
allocations and corresponding disbursements as prescribed by DBM.
5. Manage the administrative and operating expenses
of the Commission.
6. Perform such other duties as directed by the
Commission.
RULE
V
AMENDMENTS
The Commission, upon recommendation to the President, may as if deems
necessary, amend, revise and/or add to these rules and regulations in
order to expedite the implementation of this Act.
This Administrative Order shall take effect immediately.
Done in the City of Manila,
this 20th day of October, in the Year of Our Lord, Nineteen Hundred and
Ninety-Two.
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