Title
Mindanao Development Authority Act
Law
Republic Act No. 9996
Decision Date
Feb 17, 2010
The Mindanao Development Authority (MinDA) is established to promote and coordinate socioeconomic growth in Mindanao, enhancing trade, tourism, and investment while fostering peace and development through integrated regional planning and collaboration with various stakeholders.

Declaration of State Policy

  • Accelerate socioeconomic growth in Mindanao.
  • Increase trade, tourism, and investments.
  • Encourage private enterprise.
  • Implement coordinated and integrated inter-regional development plans for Mindanao.
  • Promote participation of Mindanao and Palawan in BIMP-EAGA (Brunei-Darussalam-Indonesia-Malaysia-Philippines-East Asia Growth Area).

Creation of the Mindanao Development Authority

  • Mindanao Development Authority (MinDA) established.
  • Tasked to promote, coordinate, and facilitate socioeconomic development across Mindanao.

Coverage

  • Authority covers all provinces and cities of Regions IX, X, XI, XII, Caraga, and ARMM.
  • Province of Palawan included only for BIMP-EAGA involvement.

Principal Office and Term

  • Main office located in Maramag, Bukidnon.
  • May establish area management offices as needed.
  • Authority's term is fifty years from effectivity date, renewable for an additional fifty years.

Powers and Functions

  • Formulate integrated development framework consistent with peace and development initiatives.
  • Integrate, prioritize, program and implement Mindanao-wide and inter-regional projects, including ODA projects.
  • Recommend needed technical and physical assistance for agriculture, industry, commerce, infrastructure, environment, and technology programs.
  • Advocate national policies favoring balanced Mindanao development.
  • Promote and facilitate investment in socioeconomic development.
  • Explore financial sources for priority programs.
  • Provide planning, management, and technical assistance to investors.
  • Establish a comprehensive Mindanao and BIMP-EAGA database.
  • Monitor, evaluate, and recommend on inter-regional development programs.
  • Provide strategic direction and ensure timely project implementation through mechanisms including public-private partnerships.
  • Review and recommend Mindanao-specific projects to NEDA Board.
  • Serve as Philippine Coordinating Office for BIMP-EAGA, lead government agency for coordination of policies, programs, and monitoring.
  • Administer donations, grants, and gifts subject to laws.
  • Legal capacity to sue, be sued, enter contracts, and manage property.
  • Submit annual reports to the President and Congress.

Chairperson

  • Appointed by the President with Cabinet rank; serves six years unless removed for cause.
  • Minimum qualifications: Law degree or Master's degree in economics, business, public administration, law, management or equivalent; 10 years relevant experience; resident of Mindanao for at least 5 years.
  • Also serves as Philippine Senior Official for BIMP-EAGA, ex officio member of NEDA and TIEZA Boards.
  • Duties include presiding over Board meetings, policy implementation, advocacy, supervision of program monitoring, recommendation endorsement, representation at Cabinet, accepting donations, overseeing administration, hiring and disciplinary control of staff, and contract signing.

Executive Director

  • Appointed by the President upon Chairperson's recommendation.
  • Qualifications include relevant degree and at least 5 years experience, residency in Mindanao for 5 years, and eligibility under career executive rank system.
  • Assists Chairperson and serves as Board Secretary.

Board of Directors

  • Governs overall direction with authority over policies and programs.
  • Members include Chairperson, RDC Chairpersons of Regions IX-XIII and ARMM, designated Senator, House Committee Chairpersons on Mindanao and BIMP-EAGA, Mindanao local executives, SPDA Administrator, Head of Office on Muslim Affairs, and three private sector representatives.
  • Terms and appointment conditions for private sector representatives detailed.
  • Members receive per diem for meetings, with provisions for amount and limits.
  • Board functions include providing guidance, ensuring alignment with national goals, financing exploration, creating committees, and rule-making.

Executive Committee (ExeCom)

  • Acts on behalf of the Board when not in session for urgent matters.
  • Composed of Chairperson, RDC/REDPB Chairpersons, Mindanao Business Sector representative, and Mindanao NGO Sector representative.

BIMP-EAGA Advisory Board

  • Composed of MinDA Chairperson, RDC/REDPB Chairpersons, Senator, House Special Committee Chair, Mayor of Puerto Princesa City, Palawan Governor, and two BEBC representatives.
  • Discusses issues and recommends policies to enhance Mindanao and Palawan participation in BIMP-EAGA.

Organizational Structure

  • Chairperson determines organizational structure, staffing, and pay scales.
  • May reorganize and create or abolish units as needed.

Merit System

  • Appointment and personnel actions governed by merit and fitness.
  • Recruitment, transfer, promotion, and dismissal governed by a merit system in compliance with applicable laws.

Transitory Provisions

  • Abolishes the Mindanao Economic Development Council (MEDCo).
  • Transfers MEDCo assets, liabilities, and personnel to MinDA without demotion or salary reduction.
  • Retiring employees entitled to separation or retirement benefits.
  • Temporary operations in Davao City until permanent structure established in Bukidnon.

Appropriations

  • Initial funding from MEDCo's current appropriations.
  • Budget increased by 100% for continued implementation.

Implementing Rules and Regulations

  • MinDA to adopt implementing rules within 60 days of Act's approval.

Repealing Clause

  • All laws and regulations inconsistent with the Act are repealed or modified accordingly.

Separability Clause

  • Invalidity of any provision does not affect the remaining provisions.

Effectivity

  • Act takes effect 15 days after publication in two newspapers of general circulation.

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