Creating the Cebu Upland and Project Office and Providing Funds Therefor

Case Overview and Summary

Summary of Executive Order No. 208

Creation of the Cebu Upland Project Office
• Creates the Cebu Upland Project Office, attached to the Department of Environment and Natural Resources (DENR). (Sec. 1)

Executive Committee
• Establishes an Executive Committee composed of various government officials and representatives. (Sec. 2)
• The Executive Committee has the following functions:
- Develop policies, guidelines for planning, programming, and implementation of the Project. (Sec. 2a)
- Appoint, discipline, and remove personnel of the field staff. (Sec. 2b)
- Review and approve annual work programs and budgets. (Sec. 2c)
- Review and approve consultancy contracts and memoranda of agreement, subject to existing laws and regulations. (Sec. 2d)
- Perform other related functions to ensure effective implementation. (Sec. 2e)

Organization and Functions of the Project Office
• The Project Office is responsible for implementing the Project, including:
- Receiving and managing financial contributions from cooperating agencies. (Sec. 3a)
- Preparing and implementing a detailed plan of operation in accordance with the agreement between Germany and the Philippines. (Sec. 3b)
- Upgrading capabilities of technical persons involved in development activities for the Project sites. (Sec. 3c)
- Submitting quarterly progress reports and special reports to the Executive Committee. (Sec. 3d)
- Performing other related functions necessary for achieving the Project's objectives. (Sec. 3e)

Project Director
• The Project Office is headed by a Project Director, appointed by the President upon recommendation of the Executive Committee. (Sec. 4)
• The Project Director has the following functions:
- Executing policies, guidelines, and decisions of the Executive Committee. (Sec. 4a)
- Organizing and managing the Project Office. (Sec. 4b)
- Appointing additional staff within the approved work program. (Sec. 4c)
- Entering into and signing contracts and memoranda of agreement on behalf of the Project Office, as approved by the Executive Committee. (Sec. 4d)
- Disbursing and administering the funds of the Project Office based on the approved budget and work program, in accordance with laws and regulations. (Sec. 4e)
- Delegating functions to subordinate officials, especially the Deputy Project Director. (Sec. 4f)
- Performing other functions authorized by the Executive Committee. (Sec. 4g)
• The Project Director is assisted by a Deputy Project Director, appointed by the President upon recommendation of the Executive Committee. (Sec. 4)

Representation at the National Level
• The Department of Environment and Natural Resources is the lead agency and coordinates all activities related to policy decisions at the national level. (Sec. 5)

Funding Contribution
• All financial contributions are given directly to the Project Office and deposited in a Project Trust Fund. (Sec. 6)
• The Philippine government counterpart funds consist of contributions from the DENR, Department of Agriculture, and the Province of Cebu, as stated in the Memorandum of Agreement dated April 19, 1985. (Sec. 6)
• For succeeding fiscal years, budgetary requirements are provided for in the General Appropriations Act. (Sec. 6)
• The DENR, in coordination with other concerned departments, takes the initiative for issuing a joint circular governing the funds flow mechanism to the Project Office and the management of such funds. (Sec. 6)

Assistance from Government Agencies and Private Sector
• The Project Office is authorized to call upon any government department, government-owned or controlled corporation, or any instrumentality of the government for assistance required to accomplish its tasks. (Sec. 7)
• The Project Office can receive donations and gratuitous from any private sector agency/entity given for the implementation of the Project. (Sec. 7)

Detail of Personnel
• Subject to the approval of the Executive Committee, the Project Director may call on the services of technical experts and professionals from all branches of the government, with the consent of the duly recognized head. (Sec. 8)
• The Project Director is authorized to reimburse detailed personnel for actual representation and/or transportation expenses incurred in connection with the performance of their duties, at rates approved by the Executive Committee, subject to applicable government accounting and auditing rules and regulations. (Sec. 8)

Separability Clause
• Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying the other provisions, provided that such remaining portions can still stand and be given effect to accomplish the objectives of this Executive Order. (Sec. 9)

Effectivity
• This Executive Order takes effect immediately. (Sec. 10)