Conversion of Bulacan Agricultural State College to University

Definitions for key terms

Section 1 defines Constitution as the Constitution of the Republic of the Philippines.
Section 1 defines President as the President of the Republic of the Philippines.
Section 1 defines Autonomous Regions as Region IX and Region XII.
Section 1 defines Sangguniang Pampook as the Regional Assembly for each Autonomous Region.
Section 1 defines Lupong Tagapagpaganap ng Pook as the Regional Executive Council for each Autonomous Region.
Section 1 defines Lupon Chairman as the head of the Lupong Tagapagpaganap ng Pook.
Section 1 defines Provided by law as provided by national law.

Territorial coverage and internal autonomy

Section 2 fixes Region IX as comprising the provinces of Basilan, Sulu, Tawi-Tawi, Zamboanga del Norte (including the Cities of Dipolog and Dapitan, and Zamboanga del Sur (including the Cities of Pagadian and Zamboanga).
Section 2 fixes Region XII as comprising the provinces of Lanao del Norte (including the City of Iligan), Lanao del Sur (including the City of Marawi), Maguindanao (including the City of Cotabato), North Cotabato, and Sultan Kudarat.
Section 3 establishes internal autonomy within the framework of national sovereignty and territorial integrity and consistent with the Constitution and national laws.
Section 4 requires the Autonomous Regions to undertake all internal administrative matters for the respective regions.
Section 4 prohibits the Autonomous Regions from acting on matters within the jurisdiction and competence of the National Government, including national defense and security, foreign relations, foreign trade, currency and monetary affairs, foreign exchange, banking and quasi-banking, and external borrowing; and also includes disposition/exploration/development/exploitation/utilization of all natural resources, air and sea transport, postal matters and telecommunications, customs and quarantine, immigration and deportation, citizenship and naturalization, national economic/social/educational planning, and general auditing.
Section 5 mandates that all security and/or police forces in the Autonomous Regions are organized, maintained, and utilized in accordance with applicable laws and shall be under the supervision and control of the National Government.

Structure and powers: Sangguniang Pampook

Section 6 establishes a Sangguniang Pampook in each region composed of twenty-one (21) members.
Section 6 requires seventeen (17) elected representatives from provinces and component cities, allocated as follows:
- Region IX: Basilan (1), Sulu (3), Tawi-Tawi (1), Zamboanga del Norte including Dipolog and Dapitan (4), Zamboanga del Sur including Pagadian and Zamboanga (8).
- Region XII: Lanao del Norte including Iligan (3), Lanao del Sur including Marawi (4), Maguindanao including Cotabato (4), North Cotabato (4), Sultan Kudarat (2).
Section 6 requires additional sectoral representation “each from among” youth agricultural workers, non-agricultural workers, and professionals of the region.
Section 6 authorizes the President to appoint an additional five (5) representatives whenever, in the President’s judgment, any other sector is not properly represented due to the election.
Section 7 grants the Sangguniang Pampook local legislative powers over regional affairs within the framework of national development plans, policies, and goals, covering:
- organization of regional administrative system;
- economic, social and cultural development;
- agricultural, commercial, and industrial programs;
- infrastructure development;
- urban and rural planning;
- taxation and other revenue-raising measures as provided for in the decree;
- maintenance, operation and administration of schools established by the Autonomous Region;
- establishment, operation and maintenance of health, welfare and other social services, programs and facilities;
- preservation and development of customs, traditions, languages, and culture indigenous to the Autonomous Region; and
- other matters authorized by law, including measures necessary for promotion of the general welfare.
Section 7 requires the President to exercise powers necessary to ensure compliance of enactments and acts of both the Sangguniang Pampook and the Lupong Tagapagpaganap ng Pook with the decree and national legislation, policies, plans, and programs.
Section 7 requires the Sangguniang Pampook to maintain liaison with the Batasang Pambansa.

Internal rules, staffing, and member status

Section 8 provides that technical and administrative support requirements for the Sangguniang Pampook are as provided in Section 15; it also provides that its administrative organization is composed of the office of the presiding officer assisted by a secretariat.
Section 9 requires the Sangguniang Pampook to adopt its own rules of proceedings by a majority vote of all its members, including selection procedure of the presiding officer.
Section 9 provides that pending adoption of its rules, the Rules of the Batasang Pambansa apply “as far as practicable.”
Section 10 fixes members’ annual salary at Twenty-Four Thousand Pesos (P24,000.00), chargeable against Sangguniang Pampook funds.
Section 11 sets the term of office at three years, continuing until successors are elected and qualified.
Section 12 allows a member to engage in business or practice of his profession unless it creates a conflict of interest by reason of position, or unless the member is concurrently the Lupon Chairman or a member of the Lupong Tagapagpaganap ng Pook.
Section 13 permits the Autonomous Region to establish educational institutions (schools, colleges, universities) within the national education system framework, with operation and maintenance by the Autonomous Region.
Section 13 requires state colleges and universities with main campuses in the Autonomous Region to assist and cooperate in progress and development of the region, and requires the Lupon Chairman to designate a representative to sit in governing boards in addition to existing members.

Executive branch: Lupong Tagapagpaganap ng Pook

Section 14 establishes the Lupong Tagapagpaganap ng Pook as composed of a Chairman and four (4) members appointed by the President upon recommendation of the Sangguniang Pampook, who may or may not be its members.
Section 14 provides that any elective official appointed Lupon Chairman or member vacates the elective position, except remaining as a member of the Sangguniang Pampook.
Section 15 creates a staff support organization to provide technical and administrative assistance and to initially support the Sangguniang Pampook as well.
Section 15 prescribes initial administrative organization under the Office of the Lupong Tagapagpaganap ng Pook proper including:
- Policy and Planning Service;
- Financial and Management Service; and
- Administrative Service; plus Local Governments Branch and Regional Offices Branch.
Section 15 requires the Lupon Chairman to appoint personnel of the administrative organization.
Section 16 ties the term of office of the Lupon Chairman and members to the same term as Sangguniang Pampook members.
Section 16 authorizes the President, on recommendation of a vote not less than three-fourths (3/4) of all members of the Sangguniang Pampook and for cause, to remove the Lupon Chairman or any member.
Section 17 fixes annual salaries: Fifty Thousand Pesos (P50,000.00) for the Lupon Chairman and Forty-Five Thousand Pesos (P45,000.00) for each member; and it limits members appointed to receive only the salary provided for the Lupon positions.
Section 18 designates the Lupong Tagapagpaganap ng Pook as the executive unit of the region to implement or supervise implementation of policies, programs, and legislation of the Sangguniang Pampook.
Section 18 imposes a legislative check: every legislative enactment of the Sangguniang Pampook must be approved or vetoed by the Lupon Chairman within thirty (30) days from receipt, otherwise it becomes law as if duly approved.
Section 18 requires that upon veto, the Lupon Chairman returns the enactment with objections, and the Sangguniang Pampook may override the veto by a two-thirds (2/3) vote of all its members.
Section 19 makes the Lupon Chairman the chief executive officer of the staff and responsible for day-to-day management, while the Lupong Tagapagpaganap ng Pook as a body formulates operational policies, including approval of the Lupong budget.
Section 19 authorizes assigning individual executive responsibility or definite areas of assignment by the Lupon Chairman to other members.
Section 20 requires coordination accountability: Lupon Chairman and members are responsible to the President and Sangguniang Pampook for proper administration, must keep them informed, and must submit an annual report on or before the last day of March of each year.
Section 20 requires the Lupon Chairman, at the beginning of each regular session of the Sangguniang Pampook and from time to time, to present the program of the Autonomous Region and recommend measures.

Income, taxation, and required appropriations

Section 21 establishes the Autonomous Region’s sources of income as including: taxes, fees and charges; appropriations and grants-in-aid from the National Government; proceeds from regional commercial/industrial/agricultural projects; proceeds from public utilities owned and operated by the Autonomous Region; contributions from comprising local governments as provided by law; a percentage of national income from mines and mineral resources from within the region as provided by law; transfer of proceeds of certain national and local taxes as prescribed by law; and donations/endowments/aid in accordance with national policy.
Section 22 provides that the Sangguniang Pampook may impose taxes, fees or charges through regional tax measures in accordance with guidelines issued by the Minister of Finance.
Section 23 appropriates annually for each Autonomous Region an amount equal to at least one-thirteenth (1/13) of one percent (1%) of the total national internal revenue tax collections not otherwise accruing to any special account or special fund in the general fund.
Section 23 requires computing the appropriation based on collections of the third fiscal year preceding the current fiscal year.
Section 23 mandates that the appropriation be primarily for current operating expenses and be separated and distinct from the twenty percent (20%) national internal revenue tax allotments to local governments provided for under Presidential Decree No. 144.

Budgeting, accounting, and audit controls

Section 24 requires that projects funded from income derived from the operations and exercise of taxing and other revenue-raising powers are subject only to budgetary guidelines formulated by the Ministry of the Budget.
Section 25 requires the Lupong Tagapagpaganap ng Pook to prepare the Autonomous Region budget with respect to income sources coming from the National Government, based on functions, programs, projects, or activities in terms of expected results.
Section 25 requires submission of the budget to the Sangguniang Pampook for enactment and subjects it to usual processing by the Ministry of the Budget before it takes effect.
Section 25 provides that Ministry processing is subject to Section 38.
Section 26 provides budget form and content as primarily consisting of: (1) estimates of income certified collectible by the Lupon Chairmen; and (2) total appropriations covering current operating expenditures and capital outlay.
Section 27 requires the Lupong Tagapagpaganap ng Pook, with assistance of the Ministry of the Budget, to issue rules and regulations and promulgate a budget operations manual for budget preparation, authorization, execution, and accountability methods.
Section 28 requires all budgetary aid releases for regional projects to be coursed through the Lupong Tagapagpaganap ng Pook and subject to Ministry of the Budget guidelines.
Section 29 requires work programs of capital projects implemented by national government agencies to be coursed through the Lupong Tagapagpaganap ng Pook and fund releases to follow the next section.
Section 30 mandates that appropriations for regional offices of national ministries and their agencies in Regions IX and XII are released directly to the regional offices, with copies furnished to the Lupong Tagapagpaganap ng Pook and central offices, and it does not apply to government-owned or controlled corporations.
Section 31 requires regional budget hearings of local governments and regional budget hearings of national ministries/agencies in the region to be made in coordination with the Lupong Tagapagpaganap ng Pook.
Section 32 governs collection, custody, use, disbursement, and accounting of public funds in the Autonomous Regions by laws and regulations covering similar local and national financial transactions.
Section 33 requires audit of accounts by the Commission on Audit.
Section 34 conditions releases for projects of local government units within the Autonomous Region funded from budgetary aids, grants, and other national support: releases must be subject to the recommendation of the Lupong Tagapagpaganap ng Pook and must be coursed through the latter.

Relationships with national, local, and other entities

Section 35(a) declares that with respect to legislation, national laws are supreme vis-à-vis regional laws enacted by the Sangguniang Pampook.
Section 35(b) grants the President power of general supervision and control over the Autonomous Regions and authorizes the President to call on the Ministry of Local Government and Community Development for assistance in supervision, particularly on administration and relationships with local government units.
Section 35(c) requires the Lupong Tagapagpaganap ng Pook to report regularly to the President on development program status and performance of local government officials and to make recommendations to accelerate development efforts.
Section 36(a) provides that the Lupong Tagapagpaganap ng Pook exercises full supervision and control over implementation of regional development projects funded from income derived from regional taxing and revenue powers.
Section 36(b) directs the Lupong Tagapagpaganap ng Pook to oversee activities and performance of regional directors of Ministries including Health; Education and Culture; Public Highways; Agriculture; Social Services and Development; Public Works; and Human Settlements; Industry; and Youth and Sports Development upon establishment of their regional offices, covering identification, planning, programming, prioritization, and implementation of socio-economic regional development projects funded out of national funds, and evaluation from a regional development perspective.
Section 36(b) authorizes, on its initiative and responsibility, coordination of project implementation, inquiry into problems impeding projects and identification of causes, and institution or recommendation of corrective measures through ministries, including seeking Presidential intervention when necessary.
Section 36(b) keeps day-to-day activities and internal operations of those regional offices as the responsibility of the regional directors concerned.
Section 36(b) requires regional director assignments to be made upon consultation with the Lupong Tagapagpaganap ng Pook and allows recommendation of transfer outside the region in appropriate cases.
Section 36(c) requires government-owned or controlled corporations with offices in the Autonomous Region to maintain effective coordinative relationship with the Lupong Tagapagpaganap ng Pook, keep it informed of implementation status, and endeavor to adjust to regional requirements and priorities; it also allows regional heads to become regular members of the Regional Development Council upon appropriate resolution.
Section 36(d) requires national government agencies and government-owned or controlled corporations with regional presence in Southern Philippines to adjust their administrative boundaries to conform with Regions IX and XII geographical coverage and, where appropriate, regional centers.
Section 37 makes the Lupon Chairman ex-officio Chairman of the Regional Development Council and expands membership to include members of the Lupong Tagapagpaganap ng Pook.
Section 37 allocates responsibilities as follows:
- the Sangguniang Pampook determines development goals and objectives within national frameworks;
- the Regional Development Council formulates the Regional Development Plan based on those goals and objectives, with technical assistance of the National Economic and Development Authority (NEDA);
- NEDA prescribes regional planning standards, including minimum requirements on content/format and time frame;
- the Regional Development Plan is coursed through the Lupong Tagapagpaganap ng Pook for submission to and adoption by the Sangguniang Pampook;
- the Lupong submits the adopted plan to the President through NEDA for assessment of inter-regional implications, conformance, and integration into the National Development Plan;
- when a National Development Plan for the succeeding period is pending, the Lupong may, through the Regional Development Council, prepare interim plans in the same adoption/submission manner;
- the Lupong reviews annual work programs for consistency with the Regional Development Plan and may call regional offices for technical assistance;
- the Lupong determines priorities relative to nationally-funded programs and projects and ensures synchronization and support;
- the Lupong administers the Autonomous Region’s share from the Regional Development Fund as provided under the general appropriations act and other established funds.
Section 38 requires service-wide agencies including the Ministry of the Budget, Commission on Audit, Civil Service Commission, Ministry of Finance, and other service-wide agencies to amend regulations and procedures to be consistent with regional autonomy and responsive to developmental needs.
Section 39(a) delegates to the Lupong Tagapagpaganap ng Pook regulatory and supervisory powers of the Ministry of Local Government and Community Development with respect to local governments, including: periodic audits on performance of local officials; investigation of administrative complaints without prior Presidential clearance pursuant to Letter of Instructions No. 231; approvals of development plans for local units funded from the twenty percent (20%) development fund under Presidential Decree No. 144; approvals of travel of local officials/employees beyond thirty days but not exceeding ninety days for per diems under Presidential Decree No. 344; authority to recommend Presidential clearance for foreign travel; approvals of commutation of terminal leaves of Governors and Municipal Mayors; approvals of death benefits claims under Section 699 of the Revised Administrative Code as amended by Republic Act No. 1232; authority to recommend exemptions from Letter of Instructions No. 29 on purchases of transportation equipment; approvals of automobile allowance to local chief executives and heads of provincial and city offices (with prior authorization from the provincial or city sanggunian pursuant to Executive Order No. 31); authority to recommend to the President exemptions from public bidding under Executive Order No. 298; authority to recommend representation allowances not expressly enumerated in Memorandum Circular No. 437, s. 1971; approvals of free quarters, light and water as provided in Section 2086 of the Revised Administrative Code and city charters (with prior authorization from the provincial or city sanggunian); and approvals of free telephone service at the residence of heads of provincial and city offices when authorized by provincial or city sanggunian in an ordinance.
Section 39(a)(2) authorizes preventive suspension during pendency of formal investigation: it permits placing the respondent local official under preventive suspension for a period not exceeding sixty days if the charge is serious and evidence of guilt is strong, or reasonable grounds exist to believe the respondent has or will perform acts inimical to the orderly conduct of the investigation; it permits imposition of the appropriate penalty without prior Presidential clearance except when the respondent is a provincial or city official or when removal or suspension from office for more than six months is sought.
Section 39(b) provides that regulatory/supervisory powers of the Office of the Regional Commissioner under Letter of Instructions No. 290 are assumed by the Lupong Tagapagpaganap ng Pook, including: sole authority to disburse funds allocated to Autonomous Regions pursuant to Section 7 of Presidential Decree No. 144 as financial aid to local governments or projects; and sole authority within the region to grant exemptions to local governments and agencies of the national government and government-owned or controlled corporations from restrictions on award of contracts, purchase of capital equipment, payment of overtime compensations, filling of vacant positions, detail of personnel from one government office to another for a period exceeding thirty days, clearance for hiring personnel who have reached 57 years of age, retention/extension of retirable personnel, reinstatement of previously retired personnel, and other restrictions in pertinent executive orders, administrative orders, and Presidential memoranda.

Abolition, foreign assistance, and institutional continuity

Section 40(a) abolishes the Southern Philippines Provisional Government upon the convening of the Sangguniang Pampook of Regions IX and XII and transfers its powers/functions, appropriations, properties, assets, liabilities in equal parts to the two Sangguniang Pampook bodies; it transfers records and contracts and such personnel as may be necessary to the region to which they appropriately pertain, to be assumed by that region.
Section 40(b) abolishes the Office of the Regional Commissioner in each Autonomous Region upon organization of the Lupong Tagapagpaganap ng Pook and transfers its powers/functions, appropriations, properties, assets, liabilities and necessary personnel to the Lupong Tagapagpaganap ng Pook.
Section 40(c) requires implementation of abolition of the positions of Presidential Regional Officer for Development (PROD) and Presidential Regional Action Officer (PRAO) in each Autonomous Region under Presidential Decree No. 955, with their functions transferred to the Lupong Tagapagpaganap ng Pook.
Section 40(d) provides that personnel of abolished offices and positions whose services are terminated are entitled to benefits and privileges provided by existing laws.
Section 41 limits the Lupong’s authorities: the Lupong Tagapagpaganap ng Pook authorities do not extend to foreign-assisted projects of national government agencies, except foreign-assisted projects of the Autonomous Regions themselves.
Section 42 allows the tanodbayan to create, in each Autonomous Region, a regional office as soon as the Autonomous Regions have been formally organized.

Separability, repeal, and effectivity rules

Section 43 declares the decree’s provisions separable, so that if any provision is held unconstitutional, the validity of the other provisions remains unaffected.
Section 44 repeals, amends, or modifies all laws, acts, executive orders, proclamations, and/or administrative regulations that are inconsistent with the decree.
Section 45 provides that the decree takes effect immediately.