FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
S. B. No. 
INTRODUCED BY THE HONORABLE MAR ROXAS 
EXPLANATORY NOTE 
Mindanao is an island in Southern Philippines with vast natural resources and skilled 
labor force. It contributes 34% of the national agriculhnal output and 44% of the domestic 
food trade. The island is the country’s leading producer of major agri-industrial crops like 
rubber, cacao, pineapple, banana, coffee, cassava, corn and coconut. Further, it is richest in 
terms of biodiversity and is now emerging as a destination for tourists and investors due 
largely to its strategic geographic location and to the growing competitiveness of its 
important sectors such as agriculture and services. Mindanao has become the vanguard of 
trade and commerce because it is situated between the East and the West, and it is 
strategically proximate to key markets such as Brunei-Indonesia-Malaysia-the Philippines - 
East ASEAN Growth Area (BIMP-EAGA), Singapore, India and China. 
However, according to the Philippine Human Development Report 2008/2009, as it 
was in 2003, seven (7) out of ten (10) bottom provinces in terms of human development 
index (HDI) are from Mindanao, namely, Zamboanga del Norte, Sarangani, Lanao del Sur, 
Basilan, Maguindanao, Tawi-Tawi and Sulu. The high incidence of poverty and low degree of 
human development mainly explain the vulnerability of Mindanao to armed conflict, which 
has hrther retarded the economic and social conditions of communities and caused the 
displacement and marginalization of its residents. Most importantly, it disrupted the fragile 
peace that the communities benefited through cooperation and dialogue. 
To address these ubiquitous and compelling problems in Mindanao, a mechanism that 
will ensure the participation of all sectors in the island cannot be overemphasized. There is a 
need for an agency that looks beyond regional concerns and integrates and harmonizes peace 
and development efforts at a Mindanao-wide perspective. There must be an agency that 
ensures unity among diverse cultures, religious denominations and the programs and projects 
aimed at alleviating poverty do not result in conflict, and instead attract investments, 
generate employment, and uplift the quality of lives of Mindanaoans. 
This bill, thus, proposes the creation of an institutionalized mechanism, which shall 
be known as the Mindanao Development Administration (MINDA) that will ensure 
coherence, consistency and contiriuity of development efforts in Mindanao. 
Hence, an expeditious passage of the bill is earnestly sought. 


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FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
S E N A T E  
S. B. No. 
i 
INTRODUCED BY THE HONORABLE MAR ROXAS 
AN ACT 
CREATING THE 
MINDANAO DEVELOPMENT ADMINISTRATION 
(MINDA) 
DEFINING ITS POWERS AND FUNCTIONS, AND PROVIDING FUNDS THEREFOR, 
AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House ofRepresentatives of the Philippines in Congress 
assem bled: 
SECTION. 1. Title. - This Act shall be known as the “Mindanao Development 
Administration (MINDA) Act of 2009.” 
SEC. 2. 
Declaration ofPolicy. - It is hereby declared a policy of the State to 
accelerate the growth and development of Mindanao, by encouraging and increasing trade, 
tourism and investments, promoting private enterprise, and advancing efforts towards 
peace and development. Towards this end, an effective institutional mechanism shall be 
established to address the need for a coordinative and integrative approach for the 
forinulatioii and implementation of various Mindanao-wide, interregional and region- 
specific programs, with Mindanao-wide impact. The government shall furthermore 
undertake efforts to promote the active participation of Mindanao and Palawan in the 
Brunei Darussalam-Indonesia-Malaysia-the Philippines - East ASEAN Growth Area (BIMP- 
EAGA). 
SEC. 3. Creation of the Mindanao Development~4dministration (MINDA). - There 
is hereby created an agency to be lcnown as the Mindanao Development Administration, 
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hereinafter referred to as MINDA or the Administration, which shall be governed by the 
provisions of this Act. The Administration shali be under the direct supervision of the 
President ofthe Philippines. 
SEC. 4. 
Coverage. - The Administration shall cover all the provinces and 
iiiunicipalities/cities or Regions IX, X, XI, XII, Caraga and Autonomous Region in Muslim 
Mindanao (ARMM). 
SEC. 5. Princzpa/ Offce and Term. The Administration shall have its main office in 
Davao City. It may establish area management offices (AMOS) and such other offices, as it 
may deem necessary to achieve the objectives of this Act. The Administration shall have a 
term of fifty (50) years from the effectivity of this Act and renewable for the same period 
unless otherwise provided by law. 
SEC. 6. Powers and Functions of the Mindanao Development Administration 
(MINDA). '- The Administration shall have the following powers and hnctions: 
(a) IdentiG development priorities for Mindanao and formulate a Mindanao-wide 
and/or interregional strategies and approaches that is responsive to Mindanao's 
unique requirements, consistent with the over-all peace and development 
initiatives of the national government; 
(b) Prioritize, integrate and pursue Mindanao-wide, interregional and region- 
specific programs, with Mindanao-wide impact: 
(c) Promote and facilitate investments in any field that would enhance the 
development of Mindanao; 
(d) Explore sources for financing priority Mindanao-wide, interregional and 
region-specific prograins with Mindanao-wide impact; 
(e) Engage, invest, or enter into joint venture with Filipino and foreign investors in 
such Mindanao-wide, interregional and region-specific programs with 
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I\iIindanao--widc impacl as it may deem proper and necessary or contributory to 
the development of Minddnao; 
(f) Receive and administer donations, contributions, grants, bequests or gifts in 
cash or in kind from foreign governments, international agencies, privale 
entities, and other sources, including Official Development Assistance (ODA) 
agencies, [or purposes that would contribute to the development of Mindanao, 
subject to existing laws, rules and regulations; 
(g) Act as the implementing agency, whenever necessary, for the accomplishment 
of Mindanao-wide, interregional and region-specific programs with Mindanao- 
wide impact, including Official Development Assistance (ODA) projects, 
subject to such limitations prescribed by existing laws, rules, a11d regulations; 
(11) Monilor, evaluate and formulate recommendations on the implementation of 
Mindanao-wide, interregional and region-specific programs with Mindanao- 
wide impact, including, but not limited to establishing appropriate mechanisms 
LO ensure the timely implementation of Mindanao-wide and interregional 
projects, whenever necessary, including, but not limited to public-private 
partnership; 
Conduct policy research and advocate policies that will foster the integrated 
and balanced development of Mindanao; 
Recommend for approval by the National Economic Development Authority 
(NEDA) Board such Mindanao-wide, interregional and region-specific 
programs with Mindanao-wide impact; 
(i) 
(j) 
(IC) Act as the official and permanent Philippine Coordinating Office for BIMP- 
EAGA (PCOBE) and as lead agency of the government in coordinating the 
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formulation, implementation and monitoring of policies and programs and all 
activities related thereto, including but not limited to the following: 
i. 
.. 
11. 
... 
111, 
iv . 
v. 
vi. 
Closely coordinate with relevant stakeholders in all policy 
deliberations concerning BIMP-EAGA; 
Initiate and coordinate the establishment of BIMP-EAGA desks in 
concerned national agencies, local government units and private 
enterprises; 
Advocate for the adoptiodapproval of policies, initiatives and 
strategies that will enhance the country's participation in the BIMP- 
EAGA; 
Initiate and facilitate sourcing of technical and other forms of 
assistance LO BIMP-EAGA projects/initiatives and ensure efficient and 
effective support services for the Philippines' BIMP-EAGA operations 
and coordinate budgetary requirements for this purpose; 
Monitor developments in the BIMP-EAGA and follow-through 
agreements entered into by the Philippine parties; and, 
Create a BIMP-EAGA Advisory Board to be composed of the 
following: 
a. MINDA Chairperson as Head; 
b. Chairpersons of the RDCs of Regions IX, X, XI, XI1 and XIII, and 
REDPB of ARMM; 
c. The Chairperson of the House Committee on BIMP-EAGA Affairs 
who shall be an ex-ufficiu member; 
d. City Mayor of Puerto Princesa; 
e. Provincial Governor of Palawan; and, 
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r, 'Two Philippine Country Representatives to the BIMP-EAGA 
Business Council (BEBC). 
(1) To sue a i d  be sued, enter into contracts, acquire, purchase, hold, lease, transfer, 
dispose of property of aiiy kind or nature necessary to carry out the purposes of 
this Act; 
(m) The Administration, through the MINDA Chairperson, shall submit to the 
President and both Houses of Congress annual reports on its accomplishments 
and activities; and, 
(n) Discharge other functions which may be deemed necessary to accomplish the 
objectives and policies of this Act andor as may be provided by law. 
SEC. 7. Chairperson. - The MINDA Chairperson, hereinafter referred to as the 
Chairperson, shall be appointed by the President of the Philippines with a cabinet rank, 
who shall serve for a term of six (6) years unless removed for cause. Provided, That no 
person shall be appointed as Chairperson unless heishe is a holder of a Masters Degree in 
any of the following fields: economics, business, public administration, law, management or 
their equivalent and have at least ten (10) years relevant experience in said field. Provided, 
furrher, That the Chairperson shall be a resident of Mindanao for at least two (2) years prior 
to the coininencement of hidher term and during hidher incumbency. 
The Chairperson shall have the following duties and fun& Lions: 
(a) Call and preside the meetings of the MINDA Board; 
(b) Call on relevant stakeholders in the formulation and implementation of 
Mindanao-wide, interregional and region-specific programs with Mindanao- 
wide impact; and address issues and concerns relating to implementation of 
such programs; 
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(c) Endorse to the MINDA Board all policy recommendations, plans, programs, 
and projects for approval; 
(d) Represent the MINDA Board in regular and Special Cabinet Meetings; 
(e) Convene the BIMP-EAGA Advisory Board to discuss issues and concerns, and 
recommend policies and programs to ensure the widest participation of 
Mindanao and Palawan in BIMP-EAGA; 
(f) Accept, in behalf of MINDA, donations, contributions, grants and bequests or 
gifts, in cash or in kind, from members, foreign governments, international 
offices, private entities or any individual for purposes that will realize the 
functions of the Administration; 
(g) Supervise administrative operations including disbursement of any fund of the 
MINDA subject to Commission on Audit's accounting and auditing procedures, 
and submit reports thereon; 
(11) Appoint all employees of the Authority, and remove, dismiss or otherwise 
discipline for cause, such employees in accordance with the standard guidelines 
for recruitment, employment, and discipline in the Civil Service Code; 
Represent the Authority in all dealings with other offices, agencies, and 
(i) 
instrumentalities of the Government and with all persons and entities, public or 
private; 
(") Enter into agreements andor contracts in behalf of the MINDA; 
(IC) I-Ie/she shall also be the Philippine Senior Official for BIMP EAGA; 
(1) He/she shall likewise be an ex-officciomember of the NEDA Board; and 
(in) Perform such other functions that the MINDA Board may direct to carry out 
the provisions of this Act. 
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SEC. 8. Administrator -- There shall be an Adniinistrator who shall assist the 
Chairperson in carrying out the finctions of Administration and shall likewise serve as the 
Secretary of the MINDA Board. Provided, That no person shall be appointed as 
Administrator unless heishe is a holder of a Degree in any of the following fields: 
economics, business, public administration, law, management or their equivalent and have 
at least five (5) years relevant experience in said field; Provided, further, That the 
Chairperson shall be a resident of Mindanao for at least two (2) years prior to the 
commencement of his term and during his incumbency: Provided, finalIy, That he must 
possess the requisite eligibilities for third level career service position pursuant to the career 
executive rank system. 
SEC. 9. Mindanao Development Administration (MINDA) Board.. -The Mindanao 
Dcvelopmeiit Administration (MINDA) Board, hereinafter referred to as the “Board,” shall 
provide the overall directions and thrusts unless provided otherwise in this Act. It shall be 
composed of the following members: 
(a) The MINDA Chairperson; 
(b) The Chairpersons of the Regional Development Councils (RDCs) of Regions IX, 
X, XI, XI1 and XIII, and the Regional Economic Development and Planning 
Board (REDPB) of ARMM; 
(c) A representative from the Senate who shall be an ex-oLGcjo member; 
(d) The Chairperson of the House Committee on Mindanao Affairs who shall be an 
ex-officio member; 
(e) The President of the Mindanao Confederation of Governors’, City Mayors’ and 
Municipal Mayors’ League Presidents; 
(1) The Administrator of the Southern Philippines Development Authority 
(SPDA); and, 
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(g) The four (4) representatives from the Private Sector to be appointed by the 
President, upon the recommendation of the Chairperson and Board members, 
comprising of the representatives of the following: 
i. One (1) from the Mindanao Business Sector; 
ii. One (1) from the Mindanao Academe Sector; and 
iii. Two (2) from the Mindanao Kon-Government Organization (NGO) Sector. 
Members of the Board shall receive a per diem of not more than Five Thousand 
Pesos (Php5, 000) for every board meeting: Provided, however, That the per diem collected 
per month does not exceed the equivalent of four (4) meetings. Provided, firtlier, That the 
amount of per diem for every board meeting may be increased by the President but such. 
amount shall not be increased within two (2) years after its last increase. 
The Board shall have the following functions: 
(a) Provide direction and guidance for the Administration's work and thrusts for 
Mindanao; 
(b) Ensure that the goals and policies of the Administration are consistent with the 
overall national development goals and objectives; 
(c) Ensure that the Mindanao development framework is consistent with the over- 
all peace and development initiatives of the national government; 
(d) Explore possible sources for financing of priority Mindanao-wide, interregional 
and region-specific programs with Mindanao-wide impact; 
(e) Create committees/task forces as may be deemed necessary in the 
accomplishments of its duties and functions; 
(1) 
To issue rules and regulations consistent with the provisions of this Act as may 
be necessary to accomplish and implement the purpose, objectives and policies 
provided herein; and, 
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(g) Perform such other functions as may be necessary to carry out the purposes of 
this Act. 
SEC. 10. 
Executive Committee. - The Board shall constitute an Executive 
Committee, hereinafter referred to as the ExeCom, from among its, membership to act, 
for and on its behalf when the Board is not in session, on urgent matters as may be 
deemed necessary by the Chairperson. To ensure inter-regional representation and 
participation, the following shall comprise the Execom: 
(a) 
The MINDA Chairperson; 
(b) 
(c) 
(d) 
The Chairpersons of the RDCs and REDPB; 
The Representative from the Mindanao Business Sector: and 
The Representative from the Mindanao Non-Government Organization 
(NGO) Sector. 
The Administrator, as Head of the Secretariat, shall provide technical assistance to 
the ExeCom. 
SEC. 11. Organizational Structure. - The Chairperson shall determine the 
organizational structure and staffing pattern of the Administration subject to existing civil 
service and salary standardization laws. 
The Chairperson may reorganize the 
Administration and may create or abolish divisions, units, or branches therein as the 
exigencies of the affairs of the Administrator may require. 
SEC. 12. Appropriations. - The appropriations for (Mindanao Economic 
Development Council (MEDCo) under the current General Appropriations Act shall be 
used to carry out the implementation of this Act. ‘Thereafter, such sums as may be necessary 
for its continued implementation shall be included in the annual General Appropriations 
Act. 
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SEC. 13. Transrrory Provision - The Mindanao Economic Development Council 
(MEDCo), created under Executive Order 512, and Executive Order 244, as amended, is 
hereby abolished. 
The unexpended appropriations of the abovementioned agency are hereby 
transferred to MINDA including its existing records, properties, equipment, facilities and 
other assets. 
The current officials and employees of MEDCo shall be transferred as far as 
practicable to the appropriate unit of MINDA as determined by the Chairperson. There 
shall be no demotion in ranks and positions and no diminution in salaries, benefits, 
allowances and emoluments of all personnel transferred to MINDA. 
SEC. 14. 
Repealing Clause. - All laws, decrees, executive orders, rules and 
regulations, or parts thereof inconsistent with or contrary to the provisions of this Act are 
hereby repealed or modified accordingly. 
SEC. 15. Separability Clause. - If any part or provision of this Act is held 
unconstitutional or invalid, other parts or provisions thereof, which are not affected, shall 
continue to remain in full force and effect. 
SEC. 16. Effectivity - This Act shall take effect fifteen (15) days following 
completion of its publication in at least two (2) newspapers of general circulation. 
Approved, 
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