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83 OG No. 29, 3312 (July 20, 1987)
[ EXECUTIVE ORDER NO. 208, July 01, 1987 ]
CREATING THE CEBU UPLAND 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 Gesselschaft fuer Technische Zusammernarbeit (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:
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 others, the following:
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:
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. - At the national level, the Department of Environment and Natural Resources shall 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, shall 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 corporation, 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 gratuities 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 recognized 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 and 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 entirety 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.
By the President:
JOKER P. ARROYO
Executive Secretary
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 Gesselschaft fuer Technische Zusammernarbeit (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 the 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 others, 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 in 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 objectives of the Project. |
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 with 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. - At the national level, the Department of Environment and Natural Resources shall 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, shall 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 corporation, 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 gratuities 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 recognized 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 and 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 entirety 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.
CORAZON C. AQUINO
President of the Philippines
By the President:
JOKER P. ARROYO
Executive Secretary