Legal basis and amended statute
- Republic Act No. 8989 is enacted to streamline the organization of the Partido Development Administration by amending Republic Act No. 7820.
- Section 1 of Republic Act No. 8989 amends Section 7 of Republic Act No. 7820.
- Section 2 of Republic Act No. 8989 amends Section 8 of Republic Act No. 7820.
- Section 3 of Republic Act No. 8989 amends Section 10 of Republic Act No. 7820.
- Section 4 of Republic Act No. 8989 deletes Section 15 of Republic Act No. 7820 and renumbers subsequent sections accordingly.
Governance structure and board composition
- The affairs and business of the Administration are directed and its properties managed and preserved by a Board of Directors referred to as the “Board,” unless otherwise provided by Republic Act No. 8989.
- The Board has twenty-two (22) members.
- The Board includes the ten (10) mayors of the member-municipalities as ex officio members.
- The Board includes one (1) private sector representative from each of the member-municipalities, selected from duly organized nongovernmental organizations (NGOs) and sectoral associations (including farmers, fishermen, businessmen, youth, women, etc.), with a two (2) years term of office.
- The Board includes the incumbent member of the House of Representatives representing the third congressional district of the Province of Camarines Sur and the Administrator as ex officio members.
Quorum, voting, and decisions
- The chairman of the Board has a term of two (2) years and is elected by the Board from among themselves.
- Each member of the Board has one (1) vote.
- A majority of the members constitutes a quorum.
- Decisions are reached by consensus, as far as practicable.
- If no consensus is reached, a decision is arrived at by a vote of the majority of all members of the Board constituting the quorum.
Board powers and functions
- The Board formulates policies, develops programs, and promulgates rules and regulations to carry out the powers and functions of the Administration.
- The Board approves each year a budget to cover operations of the Administration based on:
- Income from the Administration’s investments and projects in member-municipalities; and
- Paid-up capital and additional paid-up subscriptions.
- The Board fixes compensations, emoluments, and allowances of the Administrator and other officers and personnel of the Administration.
- The Board approves the appointment of all heads of departments and divisions of the Administration upon the recommendation of the Administrator, subject to existing Civil Service Law, rules, and regulations.
- The Board performs such other functions as may be necessary to carry out the purposes of the Act or as may be provided in other sections of the Act.
Chairman of the Board duties
- The chairman calls and presides at the meetings of the Board.
- The chairman ensures that policies, programs, and rules and regulations developed and promulgated by the Board are implemented properly.
- The chairman presents for Board approval:
- The annual budget of the Administration;
- The rules and regulations needed to carry out the provisions of the Act and its amendments; and
- Other matters deemed necessary or proper for effective implementation of the Act.
- The chairman presents the annual report on activities and finances for approval by the Board.
- After Board approval, copies of the annual report are furnished to:
- The office of the Director-General of the National Economic and Development Authority (NEDA);
- The NEDA Regional Director of Regional Office No. V; and
- Such other agencies as the Board may deem necessary.
- The chairman performs such other functions as the Board directs to carry out the provisions of the Act.
Administration: administrator role and qualifications
- The Administration has an administrator appointed by the Board.
- The administrator serves as the chief executive officer of the Administration and is automatically vice chairman of the Board.
- The administrator submits to the Board, through the chairman, policies and measures necessary to carry out the purposes and provisions of the Act.
- The administrator prepares the Administration’s budget for Board approval.
- The administrator executes and administers policies and measures approved by the Board.
- The administrator directs and supervises operations and internal administration and may delegate certain administrative responsibilities to other officers, subject to Board rules and regulations.
- The administrator appoints all employees of the Administration except the heads of departments and divisions, whose appointment is made by the Board upon the administrator’s recommendation.
- The administrator may remove, dismiss, or discipline employees for cause in accordance with Civil Service Law, rules, and regulations.
- The administrator represents the Administration in dealings with government officers, agencies, and instrumentalities, and with other persons and entities, public or private.
- Subject to Board approval, the administrator determines the rates of compensation, allowances, honoraria, and other additional compensation authorized to be granted to officers, technical staff, and consultants, including necessary detailed personnel.
- The administrator exercises other powers as granted by the Board.
- To qualify, the administrator must:
- Possess at least a master’s degree in management or an equivalent educational qualification;
- Have at least three (3) years management experience involving not less than fifty (50) subordinates;
- Have at least (3) years experience in development planning; and
- Not have been convicted of any crime in any court of law.
Deletion, separability, and repealing effect
- Section 15 of Republic Act No. 7820 is deleted, and subsequent sections are renumbered accordingly.
- A separability clause applies: if any provision of Republic Act No. 8989 is declared invalid or unconstitutional, provisions not affected remain in full force and effect.
- A repealing clause applies: all other laws, decrees, orders, rules, regulations, issuances, or parts inconsistent with Republic Act No. 8989 are repealed, amended, or modified accordingly.