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PRESIDENTIAL DECREE NO. 102
PRESIDENTIAL DECREE NO. 102 -
AMENDING REPUBLIC ACT NUMBERED SIXTY-ONE HUNDRED AND SEVENTY-THREE,
OTHERWISE KNOWN AS THE OIL INDUSTRY COMMISSION ACT, BY AUTHORIZING THE
OIL INDUSTRY COMMISSION TO GRANT PROVISIONAL RELIEF, BY MAKING
DECISIONS OF THE COMMISSION REVIEWABLE BY THE NATIONAL ECONOMIC
DEVELOPMENT AUTHORITY, BY AUTHORIZING THE COMMISSION TO USE ANY
UNOBLIGATED BALANCE OF ITS INITIAL APPROPRIATION EVEN AFTER FISCAL
YEARS 1971 AND 1972, TO USE FEES COLLECTED IN THE PERFORMANCE OF
QUASI-JUDICIAL AND REGULATORY FUNCTIONS, TO DISBURSE ITS SPECIAL FUND
ON THE BASIS OF SPECIAL BUDGET, AND FOR OTHER PURPOSES
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WHEREAS, under Presidential Decree No. 56
dated November 17, 1972, the Oil Industry Commission, among other
agencies, has been placed under the administrative supervision of the
National Economic Development Authority, hereinafter referred to as the
NEDA, the highest development planning body of the country, for the
purpose of providing the all-important link between the regulatory
functions of the Commission and the development orientation required
for a more effective performance of its functions; chanroblesvirtualawlibrary
WHEREAS, to enable the NEDA to exercise more effective supervision and
control over the Oil Industry Commission, it is necessary that all the
decisions and orders of said Commission be made reviewable by the NEDA
in the light of their development implications;chanroblesvirtualawlibrary
WHEREAS, to expedite proceedings in the Oil Industry Commission and to
provide the said Commission with more flexibility in resolving urgent
cases, it is also necessary to grant the Commission express power to
issue provisional orders and decisions of the Commission;chanroblesvirtualawlibrary
WHEREAS, there was pending before Congress prior to the promulgation of
Proclamation No. 1081 dated September 21, 1972, a proposed amendment to
Republic Act Numbered Sixty-one Hundred and Seventy-Three;chanroblesvirtualawlibrary
WHEREAS, said proposed amendment bearing H.B. No. 5165 and S.B. No.
895, would, among other things, authorize the Oil Industry Commission
to use the application, registration, inspection and other fees and
charges that it collects in the discharge of its quasi-judicial and the
regulatory functions;chanroblesvirtualawlibrary
WHEREAS, there is a need to grant the said authority to the Oil
Industry Commission to augment its funds for operational expenses and
enable it to carry out more effectively its objectives under the law;chanroblesvirtualawlibrary
WHEREAS, while Sections fourteen and fifteen of Republic Act Numbered
Sixty-One hundred and seventy-three provide for the source of funds for
the operational expenses of the Oil Industry Commission, the sum of
P1,500,000 is likewise appropriated in the current General
Appropriations Act (Republic Act No. 6551) for the budgetary use of the
same Commission, thereby making it necessary to clarify the funding of
the said Commission; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines and
pursuant to Proclamation No. 1081 dated September 21, 1972, and General
Order No. 1 dated September 23, 1972, as amended, do hereby order,
decree and declare the following amendments to Republic Act No. 6173
which are hereby adopted, approved, and made part of the law of the
land:cralaw:red
Section 1. Section eleven of Republic Act Numbered
Sixty-one Hundred and seventy-three is hereby amended to read as
follows:cralaw:red
"Sec. 11. Review of Commissioner's Order;
Commission's Authority to Grant Provisional Relief— A party
adversely affected by a decision or any order of the Commission in the
exercise of its powers subject to hearing, may, within a period of
seven (7) days from receipt of said decision or order, appeal in
writing, stating clearly and distinctly the grounds relied upon, to the
National Economic Development Authority, which shall have exclusive
authority and jurisdiction to review, reverse, modify or amend the
same. The decision or order of the Commission shall be final, unless
reversed, altered or modified, either on appeal or on review motu
propio within the period hereinbelow stated. The National Economic
Development Authority shall decide the appeal on the basis of the
record of the proceedings had before the Commission and without
requiring a re-hearing, within thirty (30) days after the decision or
order of the Commission shall have been submitted thereto.
"The National Economic Development Authority shall likewise have the
power to review, motu propio, any decision or order of the Oil Industry
Commission, to determine whether the same is in accord with the
policies and guidelines formulated by the National Economic Development
Authority. For the purpose, certified copies of all decisions, orders
and rulings of the Commission shall be forwarded to the National
Economic Development Authority immediately upon promulgation thereof.
Should the National Economic Development Authority decide to exercise
this power, it shall so advise the Oil Industry Commission within
thirty (30) days after receipt of the decision, order or ruling.
"The decision of the National Economic Development Authority, on appeal
or after review motu propio, shall be final. Unless the National
Economic Development Authority directs otherwise, appeal or motu propio
review shall not stay execution or implementation of all decisions or
orders of the Oil Industry Commission, which shall be executory upon
the expiration of seven (7) days after their promulgation.
"The Commission may, upon the filing of an application, petition or
complaint or at any stage thereafter, and without prior hearing, on the
basis of supporting papers duly verified and authenticated, grant
provisional relief on motion of a party in the case or on its own
initiative, without prejudice to a final decision after hearing, should
the Commission find that the pleadings, together with such affidavits,
documents and other evidence which may be submitted in support of the
motion, substantially support the provisional order.
"This section shall apply to all pending proceedings in the
Commission."
Section 2. Section fourteen of the same Act is hereby
amended to read as follows:cralaw:red
"Sec. 14. Appropriations. — For the proper
implementation of this Act, the sum of one million five hundred
thousand pesos is hereby appropriated out of any funds in the National
Treasury not otherwise appropriated for the operating expenses of the
Commission for the fiscal years nineteen hundred and seventy-one and
nineteen hundred and seventy-two. Any unobligated balance of this
initial appropriation may, however, still be used by the Commission in
subsequent fiscal years. chanroblesvirtualawlibrary
"Beginning with fiscal year nineteen hundred and seventy-three, the
operational expenses of the Commission shall be drawn from fees and
charges collected under the authority of Section 15 of this Act and
from application, licensing, registration and other fees or charges
collected by the Commission in the exercise of its quasi-judicial and
regulatory functions."
Section 3. Section fifteen of the same Act is hereby
amended to read as follows:cralaw:red
"Sec. 15. Additional Fee on Importation and turn-over
of collections; release to the Commission is Ministerial. — Effective
July one, nineteen hundred and seventy-one, there shall be levied,
assessed and collected, an additional fee of one tenth of one per cent
of CIF value of crude oil and petroleum products imported into the
Philippines. The fee imposed herein shall be collected at the same
time, in the same manner and subject to the same penalties as the
duties and taxes regularly imposed on such products. This fee shall not
be a basis for any increase in the price of any petroleum product as of
the approval of this Act.
"The Commissioner of Customs shall turn over the Collections to the
Treasurer of the Philippines monthly within the first ten days of the
succeeding month. The Collections shall accrue to a special fund and
the same or any portion thereof may not be transferred or diverted to
the general or any other fund or used or expended for any purpose other
than for the budgetary requirements of the Oil Industry Commission, the
provision of any law to the contrary notwithstanding. It shall be the
ministerial duty of the Treasurer of the Philippines, as well as the
officers and employees under his supervision and control, to effect
releases of said collections to the Commission upon order or
authorization of the Chairman thereof. chanroblesvirtualawlibrary
"The special fund of the Commission shall be disbursed on the basis of
principal and supplementary budgets duly approved by the Commission,
subject to the provisions of C.A. 246, as amended: Provided, That, at
the end of each fiscal year, beginning with fiscal year nineteen
hundred and seventy-four all unobligated balances in excess of five
hundred thousand pesos shall accrue to the general fund."
Section 4. Any provision of the General
Appropriations Act for Fiscal Year 1973, Republic Act No. 6173, and of
all other Acts, laws, executive orders, administrative orders, rules
and regulations or parts thereof which are inconsistent herewith are
hereby repealed or amended accordingly.
Section 5. This Decree shall take effect immediately.
Done in the City of Manila,
this 19th day of January, in the year of Our Lord, nineteen hundred and
seventy-three.
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