EXECUTIVE ORDER NO. 302
EXECUTIVE ORDER NO. 302 - AMENDING
P.D. 848, CONVERTING THE KALINGA SPECIAL DEVELOPMENT REGION INTO THE
KALINGA SPECIAL DEVELOPMENT AUTHORITY AND FOR OTHER PURPOSES
WHEREAS,
Executive Order No. 220, Series of 1987, creating the Cordillera
Administrative Region, has been promulgated to accelerate the
socio-economic development in the Cordilleras;
WHEREAS, certain municipalities in the province of Kalinga-Apayao need
immediate government assistance in order to hasten the development of
said areas; and
WHEREAS, in order to formulate and implement a relevant program of the
government in Kalinga-Apayao, it is necessary to identify and group
together municipalities and barangays in the said province having
similar or related problems.
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of the powers vested in me by the sovereign will of the Filipino
people and the Constitution, do hereby order:
Section 1. Declaration of Policy. — It is hereby
declared that the policy of the government to foster and accelerate
socio-economic growth and development of the said area for purposes of
improving the quality of lives of their inhabitants.
Sec. 2. Creation and Composition of the Authority.
— The following municipalities in the province of Kalinga-Apayao,
namely:
a.
Tinglayan; e. Balbalan
b.
Tanudan; f. Pinukpok
c.
Lubuagan; g. Tabuk; and
d.
Pasil;
h. Rizal;
are hereby constituted into a special development area to be known as
Kalinga Special Development Authority (KSDA), hereinafter referred to
as Authority which is hereby transferred to the appropriate unit within
the Cordillera Administrative Region and which shall be under the
supervision of the President of the Philippines.
Sec. 3. Principal Office. — The principal office
of the Authority shall be decided by the KSDA Governing Council.
Sec. 4. Purposes and Objectives. — The Authority
shall have the following purposes and objectives:
a)
To hasten the growth and development of the said area;
b) To enable
its inhabitants to participate more actively in the national
development effort; and
c) To
coordinate with other government agencies, departments,
instrumentalities and integrate into a long term comprehensive
development program the various sectoral plans and activities intended
for the area.
Sec. 5. Duties and Functions of the Authority. —
The Authority shall have the following duties and functions:
a)
To formulate and implement such programs and projects which may be
necessary to achieve the purposes and objectives of this Order;
b) To engage
the assistance of any department, bureau, agency or instrumentality of
the government as it may require in the performance of its functions;
c) To
coordinate with any department, bureau, office or instrumentality of
the Government that may be implementing various developmental programs
in the area; and
d) To perform
such other duties as may be assign to it by the President of the
Philippines.
Sec. 6. Governing Council. — All functions and
powers of the Authority shall be vested in, and exercised by a
Governing Council composed of the following:
a)
The incumbent mayors of the municipalities concerned as ex-officio
members;
b) One tribal
representative coming from each of the said municipalities; and
c) The
Administrator of the Authority who shall be the Chairman of the
Council.
All the members of the Council shall be residents of the area they
represent.
The Governing Council shall have four (4) regular monthly meetings and
shall have special meetings as often as necessary. The members of the
Governing Council except the Administrator shall each be entitled to a
per diem of P500.00 per meeting and shall be reimbursed for all the
necessary expenses in attending the said meetings: Provided, however,
That no member shall be able to collect an amount more than two
thousand pesos (P2,000.00), as per diem for a period of one month.
All regular members of the Council shall be appointed by the President
of the Philippines: Provided, however, That the tribal representatives
shall preferably come from the nominees of the CBA. They shall hold
office for a term of four (4) years unless sooner removed for
cause.
A majority of the Council shall continue a quorum to do business and a
simple majority of the quorum is sufficient to pass a resolution,
except in specific instances where the law requires a greater number as
a prerequisite to make the resolution valid and binding.
No member of the Governing Council shall directly or indirectly be
interested financially in any contracts of the KSDA-funded projects
during their term.
Sec. 7. Administrator. — The President, upon the
nomination of the Governing Council shall appoint a Kalinga as a
Administrator who shall act as the Chief Executive Officer of the
Authority. The Administrator shall serve full time for a term of four
(4) years unless sooner remove for cause and shall receive a
compensation of ninety-six thousand pesos per annum.
No person may be appointed Administrator unless he is a resident of any
of the municipalities covered by the ]Authority for at least 4 years
immediately proceeding such appointment.
The Administrator shall not, during his tenure, practice any
profession, participate in any business or be financially interested in
any contract with the Government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries. He shall strictly avoid conflict of
interest in the conduct of his office.
Sec. 8. Powers of the Governing Council. — The
council shall have the following powers:
a)
To promulgate, prescribe and adopt policies and procedures in the
administration of the Authority;
b) To
formulate, develop, adopt and implement socio-economic programs to
achieve the objective of this Order;
c) To review
and evaluate a project proposals submitted by the Administrator for
development of the Authority;
d) To approve
the annual and/or supplemental budgets of the Authority as may be
submitted to it by the Administrator;
e) To
evaluate, monitor and supervise the progress of all programs of the
Authority;
f) To approve
all contracts entered into by the Authority; and
g) To approve
the organization, plantilla and plans submitted by the Administrator
for the Authority subject to existing laws.
Sec. 9. Powers and Functions of the Administrator.
— The Administrator shall have the following functions:
a)
Execute the policies of the Governing Council;
b) Direct and
supervise the day-to-day operations and internal administration of the
Authority. He may, however, delegate certain administrative
responsibilities to other officers of the Authority subject to the
approval of the Governing Council;
c) Prepare
periodic reports of programs;
d) Submit
annual and/or supplemental budget estimates to the Governing
Council;
e) Recommend
policies and programs to the Council; and
f) Perform
such other duties as may be assigned to him by the Council from time to
time.
Sec. 10. Chief Legal Counsel. — The Authority
shall have a Chief Legal Counsel, to be appointed by the Administrator,
whose salary and other privileges shall be fixed by the Council. The
position of the Chief Legal Counsel is considered highly technical and
confidential. The Chief Legal Counsel of the Authority shall have the
following functions:
a)
Act as Secretary of the Council and as such shall be the official
custodian of all the minutes, records and proceedings of all Council
meetings, and the official seal of the Authority;
b) Prepare, in
consultation with the Administrator, the agenda of the Council for its
regular and special meetings;
c) Provide
legal advice to the Authority, the Council, the Administrator and all
other divisions of the Authority and shall legal opinion whenever the
same is required;
d) Represent
the Authority in all legal cases; and
e) Exercise
such other functions assigned to him by the Council.
The Chief Legal Counsel shall have an assistant legal counsel and such
staff as the Council may determine.
Sec. 11. Staff Support. — The Authority shall have
such personnel as may be necessary for the performance of its basic
functions. All positions, shall be subject to civil service rules and
regulations except for professional staff whose positions are
considered highly technical, policy-determining and primarily
confidential. All personnel shall be entitled to the benefits and
privileges normally accorded to the government employees, such as
retirement, GSIS insurance, leave and similar matters: Provided,
finally, That the Governing Council shall be the final authority on
appeals on personnel matters concerning its professional and technical
personnel.
Sec. 12. Donations. — The Authority shall be
authorized to receive grants, donations or gifts, in whatever form and
whatever sources: Provided, That said grants, gifts or donations shall
be administered, obligated and disbursed in accordance with the term
thereof, or in the absence of such terms, in such manner as a majority
of the Governing Council may its discretion determine: Provided,
finally, That said grants, gifts, donations shall be subject only to
such limitations as the grantor, giver or donor may impose as accepted
by the Governing Council.
Said grants, gifts, donations shall be tax exempt.
Sec. 13. Separability Clause. — Any portion or
provision of this Executive Order which may be declared
unconstitutional shall not have the effect of nullifying the other
provisions thereof: Provided, however, That such remaining portions can
still stand and be given effect in their entirety to accomplish the
objectives of this Order.
Sec. 14. Repealing Clause. — All laws, decrees,
orders, proclamations or rules and regulations inconsistent with the
provisions of this Order are hereby repealed and/or modified
accordingly.
Sec. 15. Effectivity. — This Executive Order shall
take effect sixty (60) days after its publication in the Official
Gazette.
DONE in the City of Manila,
this 26th day of July, in the year of Our Lord, nineteen hundred and
eighty-seven.
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Since 19.07.98.