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PRESIDENTIAL DECREE NO. 1097
PRESIDENTIAL DECREE NO. 1097 -
CREATING AND ESTABLISHING THE TECHNOLOGY RESOURCE CENTER, DEFINING ITS
POWERS, FUNCTIONS AND RESPONSIBILITIES, AND FOR OTHER PURPOSES
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WHEREAS,
appropriate technological development is vital to a more responsive and
coordinated planning and implementation of development activities in
the Philippines as in other developing countries in the region;chanroblesvirtualawlibrary
WHEREAS, the provision of a system of monitoring, design, evaluation
and dissemination of appropriate technology is a necessary support to
the functions and activities of the production and service sectors;chanroblesvirtualawlibrary
WHEREAS, improved effectiveness and efficiency of technical activities
in the total development effort of the New Society is enhanced by the
establishment of a network of technology and information institutions;chanroblesvirtualawlibrary
WHEREAS, recent emphasis has been placed on such priority areas as
production methods in agriculture and industry, population control and
distribution, health care delivery systems, nutrition care, education,
communication, energy research, science and technology transfer and
utilization, environmental management, housing construction technology
and approaches to urban development, natural disaster prediction,
control and moderation, and planning management and decision-making;chanroblesvirtualawlibrary
WHEREAS, adequate government action is necessary in these as well as in
related areas, for the improvement of our people's livelihood and
well-being; and
WHEREAS, it is necessary to provide the appropriate institutional
framework and adequate funds to meet these requirements; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby create and establish a body corporate to be
known as the Technology Resource Center, which shall operate in
accordance with the following provisions:cralaw:red
Section 1. Purposes. — The purposes of the Technology
Resource Center are:cralaw:red
(a) to hasten and enhance social and economic
progress in the country, through self-reliance, by rationalizing and
systematizing research and development efforts in the light of
knowledge already available;chanroblesvirtualawlibrary
(b) to harness indigenous resources and technologies
in the search for improved effectiveness and efficiency of technical
activities in the production and service sectors;chanroblesvirtualawlibrary
(c) to effect a problem-oriented coordination of
resources and a systematic but flexible approach to technology and
information problems;chanroblesvirtualawlibrary
(d) to support and encourage innovative alternatives
and approaches to the solution of technical problems, and to broaden
options for minimizing future technical problems;chanroblesvirtualawlibrary
(e) to monitor such technological advances and store
the information generated as would affect social, economic and physical
planning and development, and to subscribe to acquire, process and
disseminate textual, statistical and graphic data and information
needed by decision-makers and other users;chanroblesvirtualawlibrary
(f) to link foreign and national research
institutions to users through information technology and planning
research capabilities; and
(g) to establish a network of permanent coordinating
committees on the following areas, but not limited to these: food,
population control and distribution, health, nutrition, education,
communications, energy, environmental management, science and
technology transfer and utilization, housing and urban development,
natural disaster prediction, control and moderation and planning
management and decision-making.
Section 2. Corporate Powers. — To fulfill and
accomplish its purposes the Center shall have the following powers:cralaw:red
(a) To adopt, alter and use a corporate seal;chanroblesvirtualawlibrary
(b) to take and hold by bequest, devise, gift,
purchase or lease, either absolutely or in trust for any of its
purposes, any property, real or personal, without limitations as to
amount or value; to convey such property and to invest and reinvest any
principal, and deal with and expand the income and principal of the
said Center in such manner as will promote its objectives;chanroblesvirtualawlibrary
(c) to collect, receive and maintain a fund or funds,
by subscription or otherwise, and to apply the income and principal
thereof to the promotion of itsms and purposes hereinbefore set forth;chanroblesvirtualawlibrary
(d) to contract any obligation or enter into any
agreement necessary or incidental to the proper management of its
corporate powers;chanroblesvirtualawlibrary
(e) generally, to carry on any activity and to have
and exercise all of the powers conferred upon private or
government-owned or controlled corporations; to exercise such power and
authority as may be directly or indirectly necessary, incidental or
expedient to carry out the purposes and objectives hereinbefore
specified; and to do any and all of the acts and things herein set
forth to the same extent as juridical persons could do, and in any part
of the world as principal, factor, agent or otherwise, alone or in
syndicate or otherwise in conjunction with any person, entity,
partnership, association or corporation, domestic or foreign.
Section 3. Domicile. — The principal office of the
Technology Resource Center shall be established in Metro Manila,
Philippines. The Center may also have branches or offices at such other
place or places, within or outside the Philippines, as its operations
and activities may require.
Section 4. Board of Trustees. — The governance and
policy direction of the Center shall be vested in, and its powers
exercised by, a Board of Trustees, which shall be composed of eleven
members, as follows:cralaw:red
(a) Chairman of the National Science and Development
Board
(b) Chairman of the Human Settlements Commission
(c) Governor of the Metro Manila Commission
(d) Commissioner of the Budget
(e) Secretary of Economic Planning
(f) Secretary of Natural Resources
(g) Secretary of Public Works, Transportation and
Communication
(h) Secretary of Industry
(i) Secretary of Local Government and Community
Development
(j) Secretary of National Defense
(k) Director-General of the Center
The Trustees shall not receive any compensation or remuneration for
their services as such, but may be reimbursed for actual expenses
incurred in discharging their functions or in carrying out the business
of the Center.
Section 5. Responsibilities of the Board. — In the
exercise of the powers granted to it under this Decree, the Board of
Trustees shall:cralaw:red
(a) prepare and adopt such rules and regulations as
it considers necessary for the effective discharge of its
responsibilities;chanroblesvirtualawlibrary
(b) authorize the fields of operations and
investigations to which the available funds are allocated, without
determining, controlling or influencing the methodology of particular
studies or the conclusions reached; provided, however, that policies
for the development of the computer facilities and related equipment of
the Center are formulated in consultation with the Chairman of the
Presidential Committee per Memorandum Order No. 458, series of
1974; chanroblesvirtualawlibrary
(c) constitute the Executive Committee as hereinafter
defined;chanroblesvirtualawlibrary
(d) recommend the appointment of the Director-General
of the Center and appoint such other officers as are necessary to
assist the President in the administration of the affairs of the Center;chanroblesvirtualawlibrary
(e) review periodically the administration and the
programs of the Center.
Section 6. Executive Committee. — There shall be an
Executive Committee consisting of the Director-General of the Center
and four other members to be elected by the Board of Trustees from the
members of the board. Members of the Executive Committee, other than
the Director-General of the Center, shall hold office for a term of two
years unless at the time of election a shorter term is specified, and
shall be eligible for reelection. The Board shall elect the Chairman of
the Executive Committee from the members of the Committee.
Section 7. Functions of the Executive Committee. —
The Executive Committee shall administer the affairs of the Center in
accordance with such functions, powers and responsibilities as may be
delegated by the Board of Trustees. In the exercise of such delegated
functions, powers and responsibilities, the Executive Committee shall
have all powers of the Board, excepting the power to fill a vacancy on
the Board and to amend the rules and regulations of the Center.
Section 8. Director General of the Center. — The
Director General of the Center shall be its chief executive officers,
who shall be appointed by the President of the Republic upon the
recommendation of the Board of Trustees, and receive such compensation
and remuneration to be fixed by the Board. His powers and duties are:cralaw:red
(a) to submit for the consideration of the Board of
Trustees and the Executive Committee the policies and measures which he
believes are necessary in the pursuit of the Center's objectives;chanroblesvirtualawlibrary
(b) to recommend, coordinate and administer the
programs and projects of the Center;chanroblesvirtualawlibrary
(c) to direct and supervise the operations and
internal administration of the Center, and to delegate administrative
responsibilities in accordance with the rules and regulations of the
Center;chanroblesvirtualawlibrary
(d) to submit an annual report to the Board of
Trustees setting forth the Center's program operations during the year,
its financial operations and status, and a program and budget for the
ensuing year; and chanroblesvirtualawlibrary
(e) to exercise such other powers and to discharge
such other functions as may be vested in him by the Board of Trustees
and the Executive Committee.
Section 9. Founding Institutions. — The founding
institutions of the Technology Resource Center shall be the National
Science and Development Board (NSDB), the Metro Manila Commission
(MMC), and the Human Settlements Commission (HSC). Each of the founding
institutions is hereby authorized to make contributions to the Center
in the amount of P5 million which shall be an additional appropriation
to their respective budgets for the fiscal year 1977. In addition, the
sum of P5 million is hereby appropriated in lump sum for the operation
of the Center out of any funds in the National Treasury not otherwise
appropriated. Thereafter, such amount as necessary to carry out the
provisions of this Decree shall be included in the Annual General
Appropriations Decree.
Section 10. Expenditures and Disbursements. —
Expenditures and disbursements of the Center in the conduct of its
affairs shall not be subject to the procurement requirements and
restrictions imposed by existing laws upon government agencies,
instrumentalities and government-owned or controlled corporations.
Section 11. Staff Appointments. — The Center shall
appoint and maintain an adequate technical and administrative staff.
The regular professional and technical personnel of the Center shall be
exempt from Office of Compensation and Position Classification rules
and regulations.
Section 12. Exemption from Taxes. — Any donation,
contribution, bequest, subsidy or financiald which may be made to the
Center shall be exempt from taxes of any kind, and shall constitute
allowable deductions in full from the income of the donors or givers
for income tax purposes.
The Center, its assets, acquisitions, income and its operations and
transactions shall be exempt from any and all taxes, fees, charges,
imposts, licenses and assessments, direct or indirect, imposed by the
Republic of the Philippines or any of it political subdivision or
taxing authority thereof, except import taxes, duties and fees.
Section 13. Disposition of Assets Upon Dissolution. —
In the event of the dissolution of the Center, its remaining assets,
after payment of other liabilities, shall be disposed of and turned
over to any foundation or institutions dedicated to the same or similar
pursuits as the Center, or to the Republic of the Philippines or any of
its agencies or instrumentalities, as the Board of Trustees may
determine.
Section 14. Separability Clause. — If any provision
of this Decree shall be held invalid, the remainder shall not be
affected thereby.
Section 15. Effectivity. — This Decree shall take
effect immediately. chanroblesvirtualawlibrary
Done in Metro Manila,
Philippines, this 23rd day of February, in the year of Our Lord,
nineteen hundred and seventy-seven.
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