Administrative Code of 1987

Section 4

There shall be a Commission on Elections composed of a Chairman and six (6) Commissioners who shall be natural born citizens of the Philippines and, at the time of their appointment, at least thirty-five (35) years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten (10) years.

Section 5

The NEDA Board shall be composed of the following: The President — Chairman Director-General of the NEDA Secretariat — Vice-Chairman Executive Secretary — Member Secretary of Finance — Member Secretary of Trade & Industry — Member Secretary of Agriculture — Member Secretary of Environment & Natural Resources — Member Secretary of Public Works and Highways — Member Secretary of Budget and Management — Member Secretary of Labor & Employment — Member Secretary of Local Government — Member The President may, however, revise the membership of the NEDA Board whenever the same is deemed necessary for the effective performance of the Board's functions through an administrative or memorandum order.

Section 5

The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven (7) years without reappointment. Of those first appointed, three (3) Members shall hold office for seven (7) years, two (2) members for five (5) years, and the last members for three (3) years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

Section 6

The Chairman and members of the Commission shall be subject to the canons of judicial ethics in the discharge of their functions. No chairman or commissioner shall sit in any case in which he has manifested bias or prejudice or antagonism against any party thereto and in connection therewith, or in any case in which he would be disqualified under the Rules of Court. If it be claimed that the chairman or a commissioner is disqualified as above provided, the party objecting to his competency may file his objection in writing with the Commission stating the ground therefor. The official concerned shall continue to participate in the hearing or withdraw therefrom in accordance with his determination of the question of his disqualification. The decision shall forthwith be made in writing and filed with the other papers of the case in accordance with the Rules of Court. If a disqualification should result in a lack of quorum in the Commission sitting en banc, the Presiding Justice of the Court of Appeals shall designate a justice of said court to sit in said case for the purpose of hearing and reaching a decision thereon.

Section 6

The NEDA Board shall meet at least once a month or as frequently as is necessary to discharge its responsibilities as called for by the President. When the President is unable to attend a meeting, the Director-General of the NEDA may preside as Chairman, in the absence of any Presidential preference. The President however continues to have the power to designate from among the members of the NEDA Board the Chairman that can appropriately represent the President, to preside over specific meetings.

Section 7

The Chairman, who shall be the Chief Executive Officer of the Commission, shall: (1) Execute and administer the policies, decisions, orders and resolutions approved by the Commission; (2) Direct and supervise the operations and internal administration of the Commission; (3) Sign appointments of subordinate officials and employees made by the Commission and enforce decisions on administrative discipline involving them; (4) Make temporary assignments, rotate and transfer personnel in accordance with the provisions of the civil service law; (5) Submit an annual budget to the Commission for its approval; (6) Delegate his authority, in whole or in part, to other officials of the Commission, in accordance with the rules and regulations of the Commission; and (7) Perform such other duties as may be authorized by the Commission.

Section 7

To assist the NEDA Board in the performance of its functions, there are hereby created the following committees which shall hereafter be under the direct control of the NEDA Board and shall submit all their recommendations to the President for approval on matters involving their respective concerns. The Chairmen of these committees shall be designated by the President. The NEDA Board shall likewise determine where the technical staff of the said committees shall be based. (1) Development Budget Coordination Committee (DBCC) — The DBCC, to be composed of the Director-General of the National Economic Development Authority Secretariat, the Executive Secretary and the Secretaries of Finance and of Budget and Management, shall have the following functions: (a) Recommend for Presidential approval the level of the annual government expenditure program and the ceiling of government spending for economic and social development, national defense, general government and debt service; (b) Recommend to the President the proper allocation of expenditures for each development activity between current operating expenditures and capital outlay; and (c) Recommend to the President the amount set to be allocated for capital outlay under each development activity for the various capital or infrastructure projects. (2) Investment Coordination Committee (ICC) — The ICC to be composed of the Director-General of the National Economic Development Authority Secretariat, the Executive Secretary, the Secretaries of Finance, Agriculture, Trade and Industry and of Budget and Management and the Governor of the Central Bank shall have the following functions: (a) Evaluate the fiscal, monetary and balance of payments implications of major national projects and recommend to the President the timetable for the implementation of these projects on a regular basis; and (b) Recommend to the President a domestic and foreign borrowing program updated each year; and subsequently submit to the President a status of the fiscal, monetary and balance of payments implications of major national projects. (3) Committee on Social Development (SDC) — The SDC to be composed of the Director-General of the National Economic Development Authority Secretariat, the Executive Secretary, and the Secretaries of Education, Culture and Sports, Labor and Employment, Health, Local Government, Agrarian Reform, Agriculture and Social Welfare and Development shall have the following functions: (a) Advise the President and the NEDA Board on matters concerning social development, including education, manpower, health and nutrition, population and family planning, housing, human settlements and the delivery of other social services; (b) Coordinate the activities of government agencies concerned with social development; and (c) Recommend to the President government policies, programs and projects on social development consistent with national development objectives and priorities. (4) Committee on Infrastructure (INFRACOM) — the INFRACOM to be composed of the Director-General of the National Economic Development Authority Secretariat, the Executive Secretary, and the Secretaries of Public Works and Highways, Transportation and Communications, Finance, and Budget and Management shall have the following functions: (a) Advise the President and the NEDA Board on matters concerning infrastructure development including highways, airports, seaports and shore protection; railways; power generation, transmission and distribution; telecommunications; irrigation, flood control and drainage; water supply; national buildings for government offices; hospitals, sanitation and related buildings; state colleges and universities, elementary and secondary school buildings; and other public works; (b) Coordinate the activities of agencies, including government-owned or controlled corporations concerned with infrastructure development; and (c) Recommend to the President government policies, programs and projects concerning infrastructure development consistent with national development objectives and priorities. (5) Committee on Tariff and Related Matters (TRM) — The TRM to be composed of the Director-General of the National Economic Development Authority Secretariat, the Executive Secretary, the Secretaries of Trade and Industry, Foreign Affairs, Agriculture, Environment and Natural Resources and Budget and Management, the Governor of the Central Bank and the Chairman of the Tariff Commission shall have the following functions: (a) Advise the President and the NEDA Board on Tariff and related matters, and on the effects on the country of various international developments; (b) Coordinate agency positions and recommend national positions for international economic negotiations; and (c) Recommend to the President a continuous rationalization program for the country's tariff structure.

Section 8

The Executive Director of the Commission shall: (1) Advise and assist the Chairman in the formulation and implementation of the objectives, policies, plans and programs of the Commission; (2) Serve as the principal assistant of the Chairman in the overall supervision of the administrative business of the Commission; (3) Oversee all the operational activities of the Commission; (4) Coordinate the programs and projects of the Commission and be responsible for its economical, efficient and effective administration; (5) Serve as deputy to the Chairman in all matters relating to the operational activities of the Commission; (6) Administer oaths in connection with all matters relating to the business of the Commission; and (7) Perform such other duties as may be assigned by the Chairman.

Section 9

The Commission shall have the following staff and operating units: Office of the Chairman, Office of the Executive Director, Office of Electoral Contests Adjudication, Regional Offices, Election and Barangay Affairs Department, Law Department, Election Records and Statistics Department, Administrative Service Department, Planning Department, Personnel Department, Finance Services Department and Education and Information Department.

Section 10

The different offices and departments of the Commission shall operate in accordance with their respective duties and functions assigned to them by the Commission, subject to the requirements of efficiency, economy and effectiveness, and pertinent Budget and Civil Service Law, rules and regulations.