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.
- The Board shall consist of 22 members:
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.
- The Chairman is tasked with:
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).
- The Administrator’s powers and duties include:
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.