EXECUTIVE ORDER NO. 835
EXECUTIVE ORDER NO. 835 - PROVIDING
FOR A REVISED CHARTER OF THE NATIONAL COUNCIL ON INTEGRATED AREA
DEVELOPMENT
WHEREAS,
under the New Republic, national economic development shall be pursued
with renewed dedication and greater determination through a more
efficient, effective, and economical government;
WHEREAS, it is the policy of the state to carry out a concerted attack
on the problem of mass poverty, unemployment, underemployment, and
social justice;
WHEREAS, to provide the proper perspective to such problems, there is a
need for greater emphasis on the integrated area development of the
countryside;
WHEREAS, integrated area development must be undertaken to marshall
cooperative activity towards the creation of a just and humane
society;
WHEREAS, integrated area development must seek its roots in a people
working in communion with each other;
WHEREAS, there is an urgent and compelling need to develop among
government planners and decision makers a common policy orientation
that can serve as a guide for the formulation of programs and projects
geared towards integrated area development;
WHEREAS, the task of development calls for a shift from the traditional
broad and piecemeal approach to a systematic and coordinated
implementation of projects aimed at the countryside;
WHEREAS, it now becomes essential that these activities and projects in
the countryside be properly integrated, priorities be established, and
a central planning and implementing body charged with the development
of an integrated plan of action for integrated rural development be
created; and
WHEREAS, under Presidential Decree No. 1416 as amended, the President
is empowered to undertake such organizational and related improvement
as may be appropriate in the light of changing circumstances and new
developments;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, and the
authority vested in me by Presidential Decree No. 1416 as amended, do
hereby order as follows:
Section 1. Declaration of Policy. — It is the
declared policy of the state to promote and support the improvement,
growth and development of the country-side through integrated area
development consistent with the principle of self-help and
self-reliance.
Sec. 2. Creation of the National Council on
Integrated Area Development. — There is hereby created a National
Council on Integrated Area Development, as a sub-committee of the
Cabinet, under the Office of the Prime Minister hereinafter referred to
as the Council which shall be composed of the Prime Minister as
Chairman, with the following as members: the Minister of Agrarian
Reform, the Minister of Agriculture, the Minister of Finance, the
Minister of Human Settlements, the Minister of Local Government, the
Minister of National Defense, the Minister of Natural Resources, the
Director General of the National Economic and Development Authority,
the Director General of the Office of Budget and Management, the
Minister of Public Works and Highways, the Minister of Trade and
Industry, and the Executive Director of the Council. The Prime Minister
may designate other Ministries as well as other heads of Offices who
are members of the Cabinet to be members of the Council.
The Prime Minister shall designate a Vice-Chairman from among the
members of the Council who shall perform the functions of the Chairman
in his absence.
The Council may establish an Executive Committee composed of three
members to be designated by the Chairman from among the members of the
Council which shall act for and in behalf of the Council when the
latter is not in session.
A Program Coordinating Committee shall be formed, composed of the
designated senior level representatives of the members of the Council,
as well as of the Presidential Management Staff, and the National
Irrigation Administration, which shall be chaired by the Executive
Director. The Committee shall assist the Council in expediting
inter-agency commitments to on-going and pipeline projects. The
Committee may have such additional members composed of designated
senior level representatives of other agencies as may be determined by
the Prime Minister. The Prime Minister may established such
sub-committees as may be necessary for coordination purposes.
The Council may, at its discretion, assume supervision and control of
other integrated area development projects not under its present
jurisdiction, which are multi-sectoral in nature and which are
primarily sub-regional and preferably multi-provincial in geographical
coverage.
The members of the Council shall receive a reasonable amount of per
diem as the Council may provide for every meeting actually attended by
them.
Sec. 3. Powers and Functions of the Council. — The
Council shall have the following powers and functions:
(a)
Institutionalize the implementing mechanism for integrated area
development through formal planning, monitoring and budgetary controls;
(b) Formulate
an integrated framework plan to guide the development of priority
areas, including depressed areas as determined by the Council;
(c)
Rationalize the participation of the rural people through their local
governments in development planning and implementation;
(d) Initiate
small-scale, high-impact integrated projects utilizing indigenous
resources;
(e) Mobilize
efficiently multi-sectoral resources and properly channel these into
integrated rural development projects, and
(f) Generate
private sector participation in integrated area development projects
and establish the appropriate mechanism for it.
Sec. 4. Powers and Functions of the Chairman. —
The Chairman as Chief Executive Officer shall have the following powers
and functions:
(a)
To formulate policy guidelines and approve an integrated plan of
action;
(b) To call
and preside over the meetings of the Council;
(c) To appoint
the Project Directors of the various integrated area development
projects;
(d) To enter
into contracts to enable it to carry out its purposes and functions
under this Executive Order;
(e) To
establish a system of priorities for integrated area development and
provided the basic criteria for selecting project areas;
(f) To arrange
and/or negotiate for funding from local and foreign financial
institutions;
(g) To approve
requests of the implementing departments and agencies for budget
releases for projects in accordance with the integrated plan of action,
budget and work programs approved by the Council; Provided, that such
approval shall be subject to the availability of funds in accordance
with the existing budgetary policies, laws, rules and regulations which
shall be approved by the Council;
(h) To call on
any department, bureau, office, agency, or state university or college
and other instrumentalities of the government for assistance in the
form of personnel, facilities and other resources as the needs arise in
the discharge of its functions.
Sec. 5. Qualifications and Compensation of the
Executive Director as Chief Operating Officer. — There shall be an
Executive Director of the Council to be appointed by the President upon
consultation with the members of the Council. The Executive Director
shall act as the Chief Operating Officer and shall possess the
following qualifications:
(a)
a citizen of the Philippines;
(b) at least
thirty (30) years of age; and
(c) a proven
record of executive competence in the field of public administration
and/or rural development projects or in the management of agricultural,
industrial or commercial enterprises.
The annual compensation and allowances of the Executive Director shall
be fixed by the Council.
Sec. 6. Powers and Functions of the Chief
Operating Officer. — The Executive Director as Chief Operating Officer
of the Council shall exercise the following powers and functions:
(a)
To recommend policy guidelines and submit to the Chairman programs of
work activities in consonance with the policies and plans promulgated
by the Council;
(b) To
implement the coordinated plan of action for integrated area
development as formulated and approved by the Chairman;
(c) To
undertake comprehensive studies concerning critical components needed
for the development of identified depressed areas;
(d) To
implement on-going and proposed plans, programs and projects within the
specified areas for integrated area development;
(e) To
rationalize and systematize existing on-going and proposed community
projects in identified areas for development vis-a-vis the overall
integrated area development plan for the specified area;
(f) To
coordinate and monitor project implementation;
(g) To promote
fuller local participation in planning, management and program
execution through closer coordination with local government
officials;
(h) To
establish the appropriate organizational set-up to implement the
integrated plan of action to be approved by the Chairman;
(i) To
formulate, adopt and implement guidelines and standards for an
efficient system of reporting and evaluation;
(j) To avail
of the expertise of any particular employee, technician or group of
persons in any bureau, office or department of the government whose
services are deemed necessary for the attainment of the goals of the
Council;
(k) To prepare
and submit to the Chairman administrative rules and regulations for the
effective management of the Council’s activities;
(l) To hire
the personnel necessary for the operation of the Council and fix their
compensation in accordance with the plantilla and pay plan approved by
the Chairman;
(m) To remove,
suspend or otherwise discipline for cause any subordinate employee of
the Council;
(n) To conduct
seminars, public hearings and/or conferences on significant issues
pertaining to integrated area development;
(o) To submit
periodic financial and work accomplishment reports to the
Council;
(p) To perform
such other duties as may be assigned by the Council and/or the
Chairman.
In order to assist the Council in the performance of its functions, the
Executive Director or his duty designated representative shall be an
ex-officio member of the policy or coordinating committees of the
different projects supports staffs under the Council.
Sec. 7. Support Staffs for NACIAD Projects. — The
Council is hereby authorized to establish such ad hoc support staffs as
may be necessary for particular integrated area development projects
which shall exist only for the duration of said projects. As a general
rule and whenever appropriate, the project support staff shall be
provided by the lead agency as may be identified and designated by the
Council for any particular integrated area development project, to be
supplemented as necessary by personnel from the other cooperating
agencies. Each project support staff shall be headed by a Project
Director who shall, as much as possible, come from the lead agency. The
Council is further authorized to reorganize or abolish project support
staffs under the supervision and control of the Council. The operation
of the project support staffs shall be in accordance with such
guidelines as may be determined and issued by the Council.
Sec. 8. Appointment of Other Cabinet Coordinators.
— The Chairman may appoint a Cabinet Coordinator for each new
integrated area development project. Said coordinator shall be assisted
by the Executive Director, who shall closely coordinate with the
Provincial Governors in integrated area development project areas.
However, the designated Cabinet Coordinators of the Bicol, Cagayan,
Mindoro, Samar, Zamboanga Projects, the Agusan-Bukidnon-Capiz/Land
Settlement Project, and the Philippine Rural Infrastructure Project
shall continue to assume responsibility over their respective projects
unless otherwise determined by the Chairman.
Sec. 9. Budgetary System. — To ensure the rational
allocation and timely releases of funds for specific components of
integrated area development projects, the Office of Budget and
Management, in consultation with the Council, shall issue the
appropriate guidelines and procedures for budget preparation and
execution.
Sec. 10. Staff Appointment. — Any provision of
existing laws to the contrary notwithstanding, the appointments of
personnel of the Council may either be on full-time basis or part-time
basis and shall be exempt from the requirements and restrictions of the
Civil Service Law, rules and regulations, and Section Two Hundred Fifty
Nine of the Revised Administrative Code. The compensation of said
employees shall be determined by the Council upon consultation with the
Office of Compensation and Position Classification of the Office of the
Budget and Management; Provided, that any government retiree employed
in the said office shall not be required to reimburse or refund any
gratuity received from the Government nor shall any pension or annuity
to which he is entitled to be suspended or reduced on account of his
employment with the Council; Provided, further that the personnel of
the Council shall be permanent and career in status without prejudice
to transfer, detail assignment, promotion, discipline and dismissal in
accordance with the Personnel Management Programs of the Council and
shall be entitled to benefit and privileges normally accorded to
government agencies on detail with the Council including adequate and
reasonable honoraria or allowances.
Sec. 11. Delineation of the Functions and
Responsibilities of the Council and Implementing Ministries and
Agencies. — The Council, including its staff, shall be essentially
policy-setting and coordinative in nature and shall by itself not
engage in direct implementation activities. The actual implementation
of operations, activities and programs within declared integrated area
development projects shall be undertaken through designated cooperating
line agencies. All designated implementing ministries and agencies
shall be responsible for the execution of the projects under their
respective jurisdiction and shall submit to the Council, their
respective annual project plans, budgets and corresponding work
programs for approval within three (3) months before the start of the
ensuing calendar year. They shall also submit release and periodic
accomplishment reports to the Council.
Sec. 12. Observance of Terms and Conditions of the
Loan Agreements. — It shall be the responsibility of the Council to
ensure that all ministries, government agencies and local governments
concerned observe strictly all terms and conditions embodied in Loan
Agreement executed between the foreign funding agencies and the
Philippine Government for integrated area development projects.
Sec. 13. Expenditures and Disbursements. —
Expenditures and disbursements made by the Council for its on-going
projects shall not be subject to the procurement requirements and
restriction imposed by existing laws and regulations upon government
agencies, instrumentalities and government-owned or controlled
corporations.
Sec. 14. Separability Clause. — If any provision
of this Executive Order shall be declared invalid, the remainder shall
continue to be operative.
Sec. 15. Repealing Clause. — All laws, decrees,
executive orders, administrative orders, rules and regulations or parts
thereof, which are inconsistent herewith are hereby repealed or
modified accordingly.
Sec. 16. Effectivity. — This Executive Order shall
take effect immediately.
Done in the City of Manila,
this 14th day of October, in the year of Our Lord, nineteen hundred and
eighty-two.
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Since 19.07.98.