Title
Leyte Sab-A Basin Development Authority Law
Law
Presidential Decree No. 625
Decision Date
Dec 26, 1974
Presidential Decree No. 625 establishes the Leyte Sab-A Basin Development Authority (LSBDA) in the Province of Leyte, with the aim of integrating government and private sector efforts for the development of the Sab-A Basin, granting the Authority jurisdiction over specific municipalities and forestlands in Leyte, and providing it with various powers and funds for operations and social services.

Territorial Jurisdiction

  • Jurisdiction over lands, waters, and natural resources within specified municipalities in Leyte and Tacloban City.
  • Includes timber, minerals, forestlands, pasturelands, and reforestation areas.
  • Lands within the Basin transferred to the Authority; titles issued by Director of Lands.
  • Preventive control over timber and mineral lands; disposal requires Authority recommendation and Presidential approval.
  • Revenues from natural resources in area belong to the Authority.

Principal Office and Branches

  • Principal office to be established within the Basin.
  • Branch offices may be set up as authorized by the Board.

Purposes of the Authority

  • Conduct comprehensive surveys and maintain inventories of physical and natural resources.
  • Provide manpower and technical assistance to investors.
  • Negotiate financing and assistance for trade-related entities in the Basin.
  • Approve or supervise all development projects within the Basin.
  • Engage in various enterprises within the Basin including agriculture, mining, forestry, industry, and services.
  • Manage population resettlement and relocation with suitable relocation sites.
  • Undertake social services, disease control, employment creation, housing, education, and recreation.
  • Conduct waterworks including dredging, irrigation, reclamation.
  • Regulate use of lands and water bodies within the Basin.

Powers and Functions of the Authority

  • Perpetual corporate existence; power to sue and be sued.
  • Establish by-laws, adopt corporate seal.
  • Enter contracts; acquire, lease, dispose of properties with controls on alienation.
  • Exercise eminent domain for public purposes.
  • Ensure safety and security measures approved by President.
  • Screen permits and licenses related to businesses and resource use.
  • Negotiate land leases for cultivation.
  • Provide loans to farmer cooperatives.
  • Contract professional management firms.
  • Utilize government personnel expertise.
  • Conduct scientific research and experiments.
  • Promote cooperative ventures.
  • Arrange local and foreign financing.
  • Organize agro-industrial and banking activities.
  • Issue necessary regulations for mandate execution.

Capitalization Structure

  • Two capital funds: Capital Fund for Operations (max P100 million) and Capital Fund for Social Services.
  • Capital Fund for Operations focused on self-liquidating, profit-making projects.
  • Capital Fund for Social Services managed as a trust for social benefits including health, infrastructure, education and recreation.
  • Title and investment of Social Services Fund clearly segregated.

Subscription to Capital Fund for Operations

  • Subscription shares allocated among National Government, Province of Leyte, City of Tacloban, and municipalities with specified shares and paid-up amounts.
  • National Government advances initial payments and subsequent installments over years with provisions for recovering advances from local governments' Internal Revenue allocations.
  • Board may offer unissued shares to private investors not exceeding one-third of government subscriptions.

Capital Fund for Social Services

  • Funded via grants, endowments, and bequests from government, private sector, foreign governments, and international institutions.
  • Exempt from gift, estate, and inheritance taxes.
  • Managed as a true trust with provisions for reinvestment.

Governance: Board of Directors

  • Composed of 5-11 members including provincial governor (chairman), Authority administrator (vice-chairman), provincial agriculturist, presidents of Visayas State College of Agriculture and Leyte Federation of Farmer Cooperatives, plus elected private shareholders' representatives.
  • Members need not hold qualifying shares unless required.

Powers and Duties of the Board

  • Prescribe rules/regulations for Authority operations.
  • Appoint and set compensation for key officers.
  • Discipline officers with majority vote.
  • Approve Authority budget.
  • Perform other functions related to statutory purposes.

Administrator: Qualifications, Appointment, and Powers

  • Filipino citizen with executive experience in public administration or related management fields.
  • Appointed by the President upon Board recommendation; holds office at pleasure of the President.
  • Compensation minimum set; must reside within Basin.
  • Powers include management direction, policy recommendation, budget submission, hiring/firing of staff below officer level, delegation of authority, and annual reporting to President.

Other Officers, Vacancies, and Quorum

  • Vice-Chairman acts as Chairman in absence; Board Secretary appointed.
  • Vacancy does not impair Board’s function if at least 3 members remain.
  • New members filling vacancies serve only remaining term.
  • Prohibitions on conflicts of interest and financial interests in Authority contracts for ex-officio members.
  • Quorum: 3 members; Board meets monthly or as needed.
  • Members receive per diem for meeting attendance.

Employment and Merit System

  • Personnel hired based on merit and Civil Service rules except for policy, technical, and confidential positions.
  • Authority may contract services from other government agencies or employ consultants and experts as necessary.

Financing, Budget, and Audits

  • Appropriation of initial start-up funds; subsequent expenditures authorized via budget.
  • Authority empowered to issue bonds from Capital Funds to finance projects.
  • Bonds terms, issuance, and government guarantee provisions specified.
  • Exemptions from taxes applicable to transactions and properties related to Capital Fund for Operations and subsidiaries.
  • Budget to be performance-based for efficiency monitoring.
  • Auditor General to appoint an Auditor; Authority bears audit expenses.
  • Annual audited financial reports submitted to President, Auditor General, and Provincial Governor.

Relocation of Affected Parties

  • Authority to set aside lands for relocating tenants, smallholders displaced by development, kaingeros, squatters, and dynamite fishermen under Authority’s terms.

Woodland and Nature Recreation Area

  • Declaration of Leyte Multi-purpose Woodland and Nature Recreation Reservation.
  • Forest areas covering approx. 12,500 hectares designated for conservation and recreation.
  • Bureau of Forest Development tasked with development and maintenance.
  • Appropriation for fund provided.

Term, Repeal, Construction, and Effectivity

  • Authority exists for 50 years, extendible by the President.
  • Repeals inconsistent laws and regulations.
  • Severability clause for unconstitutional provisions.
  • Immediate effectivity upon promulgation.

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