Title
Republic Act No. 8989
Date
Dec 31, 2000
Republic Act No. 8989 amends Republic Act No. 7820 to streamline the organization of the Partido Development Administration, including the modification of the Board of Directors' composition and responsibilities.
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Law Summary

SECTION 1: Amendments to the Board of Directors

  • Legal Principle/Provision: This section amends Section 7 of Republic Act No. 7820 regarding the composition and functions of the Board of Directors of the Partido Development Administration (PDA).

  • Key Definitions Introduced:

    • Board of Directors: Referred to as the "Board," managing the affairs and properties of the PDA.
  • Important Requirements or Procedures:

    • The Board shall consist of 22 members:
      • 10 mayors from member municipalities (ex officio).
      • 1 private sector representative from each member municipality (selected from organized NGOs and sectoral associations) with a term of 2 years.
      • The incumbent representative from the House of Representatives for Camarines Sur's third district and the Administrator (ex officio).
    • The Board elects a Chairman for a term of 2 years.
  • Quorum and Voting:

    • A majority constitutes a quorum.
    • Decisions should be reached by consensus; if consensus fails, a majority vote is required.
  • Powers and Functions of the Board:

    • Formulate policies and develop programs.
    • Approve annual budgets based on income from investments and capital subscriptions.
    • Fix compensations for the Administrator and personnel.
    • Approve appointments of heads of departments based on Administrator's recommendations.

SECTION 2: Duties and Functions of the Chairman of the Board

  • Legal Principle/Provision: This section amends Section 8 of Republic Act No. 7820 detailing the responsibilities of the Board Chairman.

  • Key Definitions Introduced:

    • Chairman: The leader of the Board responsible for presiding over meetings and ensuring implementation of policies.
  • Important Requirements or Procedures:

    • The Chairman is tasked with:
      • Calling and presiding at Board meetings.
      • Presenting the annual budget and rules for Board approval.
      • Furnishing reports to relevant government bodies post-approval.

SECTION 3: Administration and Role of the Administrator

  • Legal Principle/Provision: This section amends Section 10 of Republic Act No. 7820, outlining the role of the Administrator of the PDA.

  • Key Definitions Introduced:

    • Administrator: The chief executive officer of the PDA, appointed by the Board.
  • Important Requirements or Procedures:

    • The Administrator’s powers and duties include:
      • Submitting policies and budget to the Board.
      • Executing approved policies and supervising internal administration.
      • Appointing employees (with exceptions for heads recommended by the Board).
  • Qualifications:

    • Must possess a master’s degree or equivalent.
    • Requires at least 3 years of management experience with a minimum of 50 subordinates and experience in development planning.
    • Must not have any criminal convictions.

SECTION 4: Deletion of Section 15

  • Legal Principle/Provision: Section 15 of Republic Act No. 7820 is deleted, and subsequent sections are renumbered.

SECTION 5: Separability Clause

  • Legal Principle/Provision: Any invalid or unconstitutional provision does not affect the remaining provisions of the Act.

SECTION 6: Repealing Clause

  • Legal Principle/Provision: All inconsistent laws, decrees, orders, rules, and regulations are repealed or modified.

SECTION 7: Effectivity Clause

  • Legal Principle/Provision: The Act takes effect upon publication in the Official Gazette or two newspapers of general circulation in the Bicol Region and nationwide.

  • Important Requirements or Procedures:

    • Publication is required for the Act's effectivity.

Key Takeaways:

  • Streamlined Governance: The amendments enhance the structure and governance of the PDA, facilitating more effective management.
  • Board Composition and Functionality: Clear roles for Board members and the election of a Chairman ensure organized decision-making.
  • Administrator’s Authority: Defined responsibilities and qualifications for the Administrator promote accountability and effective administration.
  • Legal Integrity: Provisions for severability and repealing inconsistent laws uphold the Act’s legal framework.

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