Constitutional mandate and peace-development framework
- The Order is anchored on Section 14, Article X of the 1987 Philippine Constitution, which provides for regional development councils or similar bodies composed of local government officials, regional heads of departments, and representatives from non-governmental organizations for administrative decentralization and regional economic and social growth (Whereas clause).
- The Order is designed to intensify peace and development efforts in the Southern Philippines in the context of the government’s peace progress with the Moro National Liberation Front (MNLF).
- The Order ties its implementation to the Final Peace Agreement signed in Manila on 2 September 1996 between the Government and the MNLF (Whereas clause).
- The Order establishes institutions to coordinate, promote, and accelerate peace and development efforts in the ZOPAD in line with the Final Peace Agreement (Whereas clause).
Proclaimed ZOPAD: geographic coverage
- Section 1 proclaims the ZOPAD as the focus of intensive peace and development efforts in the next three years, with investments channeled to the area to spur economic activities and uplift people’s conditions.
- The ZOPAD consists of specified provinces (Section 1(a)) and specified cities (Section 1(b)).
- The provinces within the ZOPAD are: Basilan, Cotabato, Davao del Sur, Lanao del Norte, Lanao del Sur, Maguindanao, Palawan, Sarangani, Sultan Kudarat, Sulu, South Cotabato, Tawi-Tawi, Zamboanga del Norte, and Zamboanga del Sur (Section 1(a)).
- The cities within the ZOPAD are: Cotabato, Dapitan, Dipolog, General Santos, Iligan, Marawi, Pagadian, Puerto Princesa, and Zamboanga (Section 1(b)).
Development efforts and priority projects
- Section 2 requires that within the next three years, covered areas in the ZOPAD receive specified development efforts aimed at improving living conditions and enabling economic development.
- Development efforts include:
- Provision for basic services in depressed areas such as water, electricity, educational facilities, socialized housing, and health and sanitation (Section 2(a)).
- Provision for adequate infrastructure facilities to support development and enhance linkages outside the ZOPAD (Section 2(b)).
- Promotion of investments and trade, both domestic and international, to generate employment and economic development (Section 2(c)).
- Provision for entrepreneurial development support, livelihood assistance, and credit facilities, especially for vulnerable sectors such as women, farmers and fisherfolk, unemployed, urban and rural poor (Section 2(d)).
- Provision for capability-building assistance for local communities and organizations, especially women’s groups, to take full advantage of development programs and projects (Section 2(e)).
- Section 4 mandates that development efforts prioritize:
- Provinces among the 20 poorest provinces in the country, namely Basilan, Sulu, and Tawi-Tawi (Section 4(a)).
- All 5th and 6th class municipalities in the ZOPAD provinces (Section 4(b)).
- Depressed communities within the towns and cities covered by the ZOPAD (Section 4(c)).
- Section 4 enumerates project types to be implemented, including:
- Human development projects for health and sanitation, educational development, and welfare services (Section 4(a)).
- Socialized housing projects to address housing backlogs in priority areas (Section 4(b)).
- Water supply development for potable water, especially to depressed communities (Section 4(c)).
- Roads and bridges to connect depressed communities to centers of economic activities (Section 4(d)).
- Airports and seaports to address commuter needs and facilitate transport of products (Section 4(e)).
- Telecommunications and power/electrification programs (Section 4(f)).
- Tourism development and promotion to harness tourism potential and enhance history and culture awareness (Section 4(g)).
- Environmental and marine resources improvement to protect and conserve natural resources (Section 4(h)).
- Agricultural enhancement through irrigation and post-harvest and marketing facilities (Section 4(i)).
- Food processing facilities to generate employment and create forward and backward linkages (Section 4(j)).
- Provincial Industrial Centers and People’s Industrial Enterprises as focal points for business activities (Section 4(k)).
- People empowerment programs to ensure participation of women and other disadvantaged groups in governance and in determining political, economic, and social destinies (Section 4(l)).
How development efforts are carried out
- Section 3 provides that development efforts in the ZOPAD shall be carried out through institutional mechanisms and existing development programs.
- Institutional mechanisms include:
- SPCPD (to be established),
- the CORD (Cabinet Officer for Regional Development) system,
- area-specific development task forces,
- the regional development councils system,
- Southern Philippines Development Authority, and
- other institutional mechanisms that may be established (Section 3(a)).
- Existing development programs include:
- BIMP-East ASEAN Growth Area,
- Social Reform Agenda localization programs,
- flagship projects, and
- Presidential Council for Countryside Development (PCCD) programs for priority provinces (Section 3(b)).
Creation and nature of SPCPD
- Section 5 establishes the Southern Philippines Council for Peace and Development (SPCPD) in the Office of the President.
- The SPCPD is created as a special and transitory body to coordinate and promote the economic and social growth and development of the ZOPAD (Section 5).
- The SPCPD is under the control and supervision of the President (Section 5).
- The SPCPD’s powers and functions are derivative and an extension of presidential powers that could be delegated under the Constitution and existing laws (Section 5).
- The Chairman must submit to the President, after consultation with the Consultative Assembly, the SPCPD’s plans and programs, annual development reports, and other documents on the ZOPAD (Section 5).
SPCPD composition and presidential appointments
- Section 6 provides that the SPCPD has one chairperson, one Vice-Chairperson, and three Deputies.
- The Chairperson is designated by the President from among the governors in the ZOPAD, including the Governor of the Autonomous Region in Muslim Mindanao (ARMM) (Section 6).
- The other SPCPD members are designated by the President from among the heads of departments or other government offices and representatives of non-government organizations within the ZOPAD (Section 6).
SPCPD powers: peace, development, and elections
- Section 7 directs the SPCPD to promote and coordinate peace and development efforts in the ZOPAD.
- The SPCPD functions include:
- Promoting, monitoring, and coordinating improvement of peace and order in the ZOPAD (Section 7(a)).
- Focusing peace and development efforts on depressed areas and causing the implementation of peace and development projects (Section 7(b)).
- Providing support to local government units as necessary (Section 7(c)).
- Exercising other powers and functions needed for effective implementation delegated by the President (Section 7(d)).
- Assisting in preparation for elections, referenda or plebiscite, and people’s initiative in the ZOPAD when duly deputized by the Commission on Elections (COMELEC) (Section 7(e)).
- Causing creation of offices or instrumentalities necessary for effective and efficient administration of ZOPAD affairs, with budget approval from the Office of the President (Section 7(f)).
- Offices or instrumentalities under Section 7(f) include internal administrative or support staff, and ad hoc committees formed from existing government personnel and representatives of NGOs or people’s organizations to promote ZOPAD programs.
SPCPD role in development programs
- Section 8 authorizes additional development-related tasks for the SPCPD, including:
- Promoting, coordinating, and monitoring development efforts in the ZOPAD, including encouragement of domestic and foreign investments, subject to existing laws, especially those relating to the Organization of Islamic Conference and the Association of Southeast Asian Nations (Section 8(a)).
- Networking with government and other development institutions to generate resources and economic opportunities for the ZOPAD (Section 8(b)).
- Coordinating with specified government offices and local government units for promotion and implementation of programs and projects of:
- the Southern Philippines Development Authority (SPDA),
- the Office of Muslim Affairs (OMA), and
- the Office of Southern Cultural Communities (OSCC), only insofar as their offices or projects are located in the ZOPAD (Section 8(c)).
- Coordinating also with the Basilan Development Task Force and the Central Mindanao Development Task Force and the Sulu Development Planning Task Group (Section 8(c)).
SPCPD role in peace and order
- Section 9 directs the SPCPD to promote, coordinate, and monitor improvement of peace and order in the ZOPAD.
- The SPCPD must:
- Monitor implementation of peace and order and public safety measures (Section 9(a)).
- Hold consultative meetings and disseminate vital information pertaining to peace and order (Section 9(b)).
- Conduct advocacy and public information to enhance public support for law and order (Section 9(c)).
- Keep itself informed of peace and order programs and the situation by coordinating with military and police forces, and request police or military action for specific contingencies in accordance with law, while control and supervision of these forces remains in their respective chains of command under existing laws (Section 9(d)).
- Submit reports and recommendations to the President on peace and order matters in coordination with the Consultative Assembly (Section 9(e)).
Government agency support obligation
- Section 10 mandates that all department, agencies, and instrumentalities of government, including government-owned and controlled corporations, must provide necessary support for the successful and timely implementation of the specified programs, projects, and concerns in the ZOPAD, in coordination with the SPCPD (Section 10).
Establishment and composition of Consultative Assembly
- Section 11 creates a Consultative Assembly (CA) to serve as an advisory body to the SPCPD in development of the ZOPAD.
- The CA is transitory and under the control and supervision of the President (Section 11).
- Section 12 defines CA composition as:
- The Chairperson of the SPCPD, who presides over the CA (Section 12(a)).
- The Governor and Vice-Governor of ARMM and fourteen (14) Governors of provinces and nine (9) City Mayors in the ZOPAD (Section 12(b)).
- Fifty-five (55) members from various sectors, including recommendees of non-government organizations (NGO’s) and people’s organizations (POs) (Section 12(c)).
Consultative Assembly functions and rules
- Section 13 requires the CA to serve as a forum for consultation and ventilation of issues and concerns (Section 13(a)).
- Section 13 requires the CA to conduct public hearings as necessary and to provide appropriate advice to the SPCPD (Section 13(b)).
- Section 13 requires the CA to formulate and recommend policies to the President through the Chairperson of the SPCPD and to adopt rules and regulations needed for efficient and effective administration of the affairs of the area (Section 13(c)).
- Section 13(d) limits the CA’s rules and regulations to internal affairs and procedures of the SPCPD and the CA, and requires submission to the President for approval.
Duration, local government impact, and funding
- Section 14 provides that the SPCPD and the Consultative Assembly exist for three years from the effectivity of the Order, unless extended by the President.
- Section 15 provides that nothing in the Order affects the existence or diminishes the powers and functions of all local government units in the ZOPAD, including the Autonomous Region in Muslim Mindanao.
- Section 16 directs that funds for SPCPD and CA operations come from the Office of the President and from other funding sources recommended by the Department of Budget and Management.
Final provisions: separability and effectivity
- Section 17 establishes a separability rule: invalid or unconstitutional parts do not affect the validity and effectivity of other parts.
- Section 18 sets the effectivity rule: the Order takes effect fifteen (15) days after its publication in two newspapers of national circulation.