EXECUTIVE ORDER NO. 208
EXECUTIVE ORDER NO. 208 - CREATING
THE CEBU UPLAND AND PROJECT OFFICE AND PROVIDING FUNDS THEREFOR
WHEREAS,
an upland development project on grant basis for the Province of Cebu
has been agreed upon by the Government of the Federal Republic of
Germany and the Republic of the Philippines on July 3,
1986;
WHEREAS, to pursue the objectives of the aforesaid project, a project
office must be created;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do
hereby order:
Section 1. Creation of the Cebu Upland Project
Office. — There is hereby created a Cebu Upland Project Office,
hereinafter referred to as the Project Office. The Project Office shall
be attached to the Department of Environment and Natural Resources
(DENR).
Sec. 2. Executive Committee. — The Project Office
shall have an Executive Committee which shall be composed of the
Governor of Cebu Province as Chairman, and the three Municipal Mayors
of Alcoy, Boljoon and Oslob, the National Economic and Development
Authority Regional Executive Director, the Department of Agriculture
Regional Director, the Director of the Forest Management Bureau, the
Department of Environment and Natural Resources Assistant Secretary for
Foreign Assisted and Special Projects, the Project Director, the
Gesellschaft Fuer Technische Zusammenarbeit (GTZ) Team Leader and the
Chairman of the Sangguniang Panlalawigan Committee on Finance and
Appropriations of the Province of Cebu as members. All except the
latter three are voting-members.
In case of the absence and/or incapacity of the Chairman, the majority
of the voting members shall choose from among themselves the interim
Chairman.
The Executive Committee shall have the following functions:
(a)
Develop and prescribe policies, and operating guidelines for planning,
programming and implementation of the Project;
(b) Appoint,
discipline and remove personnel of the field staff of the Project
Office;
(c) Review and
approve the annual work programs and budgets;
(d) Subject to
existing laws, rules and regulations, review and approve all
consultancy contracts as well as memoranda of agreement with government
implementing agencies to be entered into by the Project Director:
Provided, That final authority to enter into specific types of
contracts shall be delegated to the Project Director;
(e) Perform
such other related functions and adopt measures as may be necessary to
ensure the speedy and effective implementation of the
project.
Sec. 3. Organization and Functions of the Project
Office. — The Project Office shall be responsible for the
implementation of the Project. Specifically it shall perform, among
other, the following:
(a)
Receive and manage financial contributions from cooperating agencies;
(b) Prepare a
detailed plan of operation in accordance with the agreement set forth
by the Government of the Federal Republic of Germany and the Republic
of the Philippines and implement the same;
(c) Upgrade
the capabilities of technical persons directly involved development
activities for the Project sites;
(d) Submit to
the Executive Committee quarterly progress reports and special reports
as required; and
(e) Perform
such other related functions as may be necessary in carrying out the
objections of the projects.
Sec. 4. Project Director. — The Project Office
shall be headed by a Project Director, to be appointed by the President
upon recommendation of the Executive Committee, who is directly
responsible to the Executive Committee and shall exercise the
following:
(a)
Execute the policies, guidelines and decisions of the Executive
Committee as well as implement those powers delegated to him by the
Executive Committee;
(b) Organize
and manage the Project Office;
(c) Appoint
additional staff which work program duly approved by the Executive
Committee;
(d) Enter into
and sign in behalf of the Project Office contracts with private and
public entities in connection with the functions of the Project Office,
including memoranda of agreement with pertinent government agencies, as
approved by or under delegated authority from the Executive Committee;
(e) Disburse
and administer the funds of the Project Office based on the approved
budget and work program and in accordance with pertinent laws and
regulations;
(f) Delegate
some of his functions to subordinate officials of the Project Office
especially to the Deputy Project Director as may be deemed expedient
and necessary; and
(g) Perform
such other functions as may be authorized and directed by the Executive
Committee.
The Project Director shall be
assisted by a Deputy Project Director, who shall be appointed by the
President, upon recommendation of the Executive Committee.
Sec. 5. Representation at the National Level. — A
the national level, the Department of Environment and Natural Resources
shall not be the lead agency and shall coordinate all activities
related to policy decisions at that level.
Sec. 6. Funding Contribution. — All financial
contributions shall be given directly to the Project Office to be
deposited in a Project Trust Fund which shall be created in pursuance
of this Executive Order. The Philippine government counterpart funds
will consist of the contributions of the Department of Environment and
Natural Resources, the Department of Agriculture and the Province of
Cebu as stated in the Memorandum of Agreement dated April 19, 1985.
For the succeeding fiscal years, its budgetary requirements shall be
provided for in the General Appropriations Act in such amounts as shall
be adequate for the purpose.
The Department of Environment and Natural Resources, in coordination
with other concerned departments, take initiative for the issuance of a
joint circular governing the funds flow mechanism to the Project Office
and the management of such funds.
Sec. 7. Assistance from Government Agencies and
Private Sector. — The Project Office is hereby authorized to call upon
any department, government-owned or controlled corporations, or any
instrumentality of the government for any assistance that may be
required to ensure the accomplishment of its tasks and to receive
donations and gratuitous from any private sector agency/entity given
for the implementation of the Project.
Sec. 8. Detail of Personnel. — Subject to the
approval of the Executive Committee, the Project Director may call on
the services of the technical experts and professionals from all
branches of the government with the consent of the duly reorganized
head as the Project Office may need in the conduct of its activities.
For this purpose, the Project Director is hereby authorized to
reimburse detailed personnel of actual representation and/or
transportation expenses incurred in connection with the performance of
their duties at rates approved by the Executive Committee subject to
applicable government accounting auditing rules and regulations.
Sec. 9. Separability Clause. — Any portion of
provision of this Executive Order that may be declared unconstitutional
shall not have the effect of nullifying the other provisions thereof:
Provided, That such remaining portions can still stand and be given
effect in their entirely to accomplish the objectives of this Executive
Order.
Sec. 10. Effectivity. — This Executive Order shall
take effect immediately.
Done in the City of Manila,
this 1st day of July, in the year of Our Lord, nineteen hundred and
eighty-seven.
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Since 19.07.98.