RDC Members and Officers
1. Composition of the Council
1.1 E.O. 143 dated 2 November 2002 “Further Amending Section 1 of E.O. 325, S. of 1996, As Amended by E.O. 384 s. 1996 and 437 s. 1997, Providing for the Inclusion of the Regional Directors of Commission on Higher Education (CHED) and TESDA as members of the Regional Development Council”, amended by E.O. 562 Reinstating DAR, DILG, DOH as members of RDC.
Sec. 1 of E. O. 143 provides that the following shall be the regular RDC Members:
- a) all provincial governors;
- b) all city mayors;
- c) mayors of municipalities designated as provincial capitals;
- d) all presidents of the provincial leagues of municipalities;
- e) the mayor of the municipality designated as the regional center;
- f) the regional directors of agencies represented in the NEDA Board as amended by A.O. 148 dated 22 April 2006 (NEDA, DA, DBM, DOE, DENR, DOF, DPWH, DOST, DOT, DTI, DOTC, HUDCC, Subic-Clark Area Development Council, BSP); further amended by A.O. 150 & E.O. 755 (DOLE & DFA shall remain as members of the RDC) and the regional directors of DepEd, DSWD, CHED and TESDA, provided that each agency shall be represented by only one regional director; and
- g) private sector representatives (PSRs), at least one of whom shall be a representative of the Labor Sector and Indigenous People, who shall comprise one-fourth of the members of the fully constituted council.
1.2 The Council may designate special non-voting members (SNVMs) coming from both the public and private sectors, upon concurrence of the majority of its regular members. The Council may invite as many SNVMs as they deem necessary (E.O. 325 IRR Sec. I.3)
1.3 Special non-voting members and members of the Advisory Committee are not included in determining the total membership of the fully constituted Council (E.O. IRR Sec. J.1).
2. Terms of Office of Council Members (Sec. P. of IRR of E.O. 325)
- 2.1 The incumbent officials of the Council including its Sectoral committees and the existing private sector representatives shall continue to serve until the expiry of their term coinciding with the regular term of local elective officials. From hereon, the Council shall reorganize within three months after the expiration of the term of local executives. .
- 2.2 The term of office/tenure of RDC private sector representatives (PSR) is defined in the IRR of E.O. 325 Section H, Item 5: “All confirmed PSRs shall serve for a period of three (3) years, without prejudice to reappointment through the same process of nomination and confirmation as provided in the Guidelines for the Selection and Tenure of PSRs. The term of the RDC Chairman/Co-Chairman who comes from the private sector is co-terminus with her/his term as PSR”.
- In the event that a duly elected private sector representative is unable to continue serving in the Council, the PSR who garnered the next highest number of votes during the election of PSRs assumes the vacant position but shall serve only the un-expired portion of the term of office.
- 2.3 The term of office of an SNVM shall coincide with the regular term of local elective officials and the PSRs.
- 2.4 Termination or Recall
- 2.4.1 Delinquent private sector representatives can be recalled by the RDC. The basis of recall shall be the semestral performance reports, which shall be prepared by the RDC Secretariat. PSRs considered remiss in the performance of their duties or who commit acts inimical to the RDC may be dropped as members of the RDC on motion of a member and approval of majority of the members present during the full council meeting (E.O. 325 IRR Section H.6). A PSR who has three (3) consecutive absences in the Sectoral Committee where she/he is a voting member is considered remiss in the performance of her/his duties.
- 2.4.2 If an SNVM commits an act inimical to the RDC, his membership may be terminated on motion of a member and upon approval of the majority (E.O. 325 IRR Section I.3).
3. Officers of the Council(EO 325 IRR Section G)
The officers of the Council shall be the Chairman, the Co-Chairman, the Vice-Chairman and the Secretary. The Chairman and Co-Chairman shall jointly head the Council.
- 3.1 Selection of Chairman and Co-Chairman
- For the Chairman and Co-Chairman, the Council shall nominate at least two (2) local chief executives who are ex-officio members and two (2) private sector representatives from whom the President shall select and appoint the Chairman and Co-Chairman of the Council, provided that if the Chairman is from the government sector, the Co-Chairman shall come from the private sector and vice-versa.
- The region’s nominees for the RDC Chair/Co-Chair shall be submitted to the Office of the President by the end of the third month after the holding of local elections or two (2) weeks after formally convening the Council as a body.
- Regional Directors and heads of national government agencies in the region shall not be included as nominees for Chairman and Co-Chairman. The process of nomination shall be formulated by the Council. The nomination process of Chairman and Co-Chairman is contained in Section E of this Handbook.
- 3.2 Chairman
- 3.2.1 Term of Office
- The Chairman shall serve for a fixed term of three years coinciding with the regular term of local elective officials. The prescribed term of office is without prejudice to reappointment (Sec. G.1 IRR of E.O. 325).
- NEDA Legal Staff opinion dated 17 March 2003: “It can be deduced from the above provisions that local government officials sitting as RDC Chairman or Co-Chairman have a fixed term of three years starting from the date of appointment and assumption as Chairman or Co-Chairman, as the case may be, until the end of regular term of said local government officials, i.e., on noon of June 30 of a local election year (Sec. 43, Ch. 1, Title Two, Book 1, Local Government Code). The filing of candidacy for reelection shall not affect their term of office. They shall continue to hold their position in the RDC, barring the occurrence of any causes mentioned in Section G (2) of the IRR of E.O. 325. The provision of Section 66, Article IX of the Omnibus Election Code, which considered an official ipso facto resigned from office upon the filing of certificate of candidacy, does not apply in the instant case since it refers to candidates primarily holding appointive office or position. It should be noted that the LGU executives holding RDC Chairmanship or Co-Chairmanship were appointed to said position by reason of their office, or in their capacity, as provincial governors or city/municipal mayors. Likewise, Section 67, Article IX of the same Code cannot be applied in the present case since it refers to an elective official running for any office other than the one which he is holding.
- 3.2.2 Functions, Powers and Responsibilities of the Chairman
- The Chairman shall have the following functions, powers and responsibilities:
- a) Preside over the meetings of the Council;
- b) Request any agency, individual member of the Council, sectoral committee or any instrumentality attached to the Council to perform other functions as the council may deem necessary, provided that such functions are within the mandates or said Office;
- c) Accept, after RDC resolution authorizing him to do so, in behalf of the council, donations, contributions, grants, bequests or gifts in cash or in kind from RDC members, foreign governments, international offices, private entities, or any individual for purposes relevant to regional development and submit for approval of the council a program for its utilization;
- d) Call the attention of implementing agencies and local government units to implementation problems as identified and deliberated upon by the council with the end in view of instituting corrective measures;
- e) Supervise the monitoring of the implementation of major interprovincial and regionwide development programs, projects and activities;
- f) When called upon, represent the region in Cabinet meetings and budget review activities at the national level;
- g) Direct the formulation of a comprehensive regional development plan and preparation of a system of investment programming activities at the national level;
- h) Submit to the President through the NEDA Board regional plans, regional investment programs, annual development reports and other documents on the region as approved by the Council;
- i) Create ad hoc committees as may be required;
- j) Review, revise, and approve all policy recommendations, plans, programs and projects originating from the Technical Staff before submission to the Council;
- k) Supervise administrative operations including disbursements of any fund of the Council subject to the usual accounting and auditing procedures and submit a report thereon to the Council;
- l) Sign official papers and documents emanating from the RDC Secretariat, e.g., checks and other reports of accountabilities;
- m) Direct and supervise all activities of the council; and,
- n) Perform other functions and duties as may be directed by the President.
- 3.2.3 Vacancy to the Position
- In the event that the position of Chairman becomes vacant through resignation, retirement, reassignment, removal from office, death or permanent disability, the Co-Chairman temporarily assumes the Chairmanship until a new Chairman is appointed by the President pursuant to the established selection procedure as provided herein.
- 3.3 Co-Chairman
- 3.3.1 Term of Office
- The term of office of the Co-Chairman is co-terminus with her/his term as RDC member.
- 3.3.2 Functions, Powers and Responsibilities of the Co-Chairman
- The Co-Chairman shall discharge other functions, which shall complement those of the Chairman, which include, but shall not be limited to, the following:
- a) Assume powers and responsibilities of the Chairman, whenever the Chairman is unable to perform his functions or when the position of the chairman becomes vacant;
- b) In the absence of the Chairman, act on matters requiring immediate decision, provided, however, that a report thereon shall be submitted to the chairman within five days;
- c) Co-direct the conduct of regional and subregional public consultations; and,
- d) Serve as ex-officio chairman of any ad-hoc, committee, which the Council may create, unless otherwise specified by the Council.
- 3.3.3 Vacancy to the Position
- Should the position of the Co-Chairman become vacant through resignation, retirement, reassignment, removal from office, death, permanent disability or elevation to the position of Chairman, the Vice- Chairman shall discharge the duties of the Co-Chairman until a new Co-Chairman is appointed by the President following the established selection procedure as provided herein. The selection of a new Co-Chairman shall be undertaken provided that the remaining term is not less than six months.
- In the event that both the positions of Chairman and Co-Chairman become vacant through resignation, retirement, reassignment, removal from office, death or permanent disability, the Vice-Chairman shall temporarily assume the position of Chairman until the new Chairman and Co-chairman are appointed by the President following the established selection procedure as provided herein.
- 3.4 Vice-Chairman
- The Regional Director of the Regional Office of the NEDA Secretariat shall be the Vice Chairman of the Council.
- 3.4.1 Functions and Responsibilities
- a) Preside over the Council and Executive Committee (ExCom) meetings in the absence of the Chairman and the Co-Chairman or the duly designated temporary Chairman.
- b) Act on matters requiring an immediate decision of the Chairman and Co-Chairman in the absence of a duly designated temporary Chairman.
- c) Perform the day-to-day operations of the Council, in case the positions of both the Chairman and Co-Chairman becomes vacant through resignation, reassignment, removal from Office, death and permanent disability, until a new Chairman or Co-Chairman shall have been selected and qualified as provided for under Sec. G.1 of EO 325 IRR.
- d) Manage the provision of technical and administrative support to the Council and its Committees.
- e) Perform other duties, which may be assigned to him by the Chairman or Co-Chairman.
- 3.5 Secretary of the Council
- The Assistant Regional Director of the Regional Office of the NEDA Secretariat, or a Division Chief duly designated as Senior Staff-in-Charge of the Office of the Assistant Regional Director, shall act as the Secretary of the Council.
- 3.5.1 Functions and Responsibilities
- a) Coordinate the presentation of the agenda of the Council, the Executive Committee and the Advisory Committee meetings.
- b) Keep a complete record of all the proceedings of the sessions of the Council, the Executive Committee and the Advisory Committee meetings.
- c) Certify to the veracity of all official records and documents of the Council, the Executive Committee and the Advisory Committee.
- d) Keep custody of records of the Council, the Executive Committee and the Advisory Committee
- e) Prepare and/or review all draft Council resolutions.
- f) Perform such other functions as may be assigned.