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PRESIDENTIAL DECREE NO. 1149
PRESIDENTIAL DECREE NO. 1149 -
AMENDING CERTAIN SectionS OF PRESIDENTIAL DECREE NO. 78 OTHERWISE KNOWN
AS "THE ATMOSPHERIC, GEOPHYSICAL AND ASTRONOMICAL SCIENCE ACT OF 1972"
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WHEREAS,
under Letter of Instruction No. 41, dated December 11, 1975 the Typhoon
Moderation Research and Development Council (TMRDC) created pursuant to
Republic Act No. 6613 was transferred from the Office of the President
and merged with the Philippine Atmospheric, Geophysical and
Astronomical Services Administration (PAGASA), Department of National
Defense; chanroblesvirtualawlibrary
WHEREAS, such transfer and merger included applicable appropriations,
records, equipment, property and such personnel as may be necessary;chanroblesvirtualawlibrary
WHEREAS, there is a need to be given proper impetus to scientific
research on typhoon moderation by integrating activities and functions
relating thereto;chanroblesvirtualawlibrary
WHEREAS, the Philippines suffers considerable flood damages brought
about by the occurrence of severe weather disturbances every year;
which significantly reduces gains in the economic development of the
Country;chanroblesvirtualawlibrary
WHEREAS, the government in its desire to reduce or mitigate flood
damages has embarked on a program of expansion of the flood forecasting
and warning service to cover flood-prone areas in the country;chanroblesvirtualawlibrary
WHEREAS, the International Science Conference "The Survival of
Humankind: Philippine Experiment" has made definite recommendations
with respect to typhoon moderation and flood forecasting as a viable
strategy for national development;chanroblesvirtualawlibrary
WHEREAS, there is a need for consistency of functions and
responsibilities and smoother operations among the various major
organizational units of PAGASA in view of the additional activities;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree as follows:cralaw:red
Section 1. Section 4 of the Presidential Decree No.
78 is hereby amended to read as follows:cralaw:red
"Sec. 4. Major Organizational Units: Powers, Duties
and Functions. — The PAGASA shall be composed of the following major
organizational units: The National Weather OFFICE, National
Atmospheric, Geophysical and Astronomical Data OFFICE, National
Geophysical and Astronomical OFFICE, National Institute of Atmospheric,
Geophysical and Astronomical Sciences, TYPHOON MODERATION RESEARCH AND
DEVELOPMENT OFFICE AND THE NATIONAL FLOOD FORECASTING OFFICE.
(a) The National Weather Office shall undertake
operational activities pertaining to the observation, COLLECTION and
reporting of weather within the Philippine Area of responsibility,
issue forecasts and warnings of weather conditions affecting national
safety, welfare and economy.
(b) The National Atmospheric, Geophysical and
Astronomical Data OFFICE shall undertake activities concerning the
OBSERVATION acquisition, Collection, quality control, processing and
archiving of atmospheric and allied date, to include among others,
meteorological, seismic, oceanographic and astronomical data and
observations and making same available in usable form for the benefit
of agriculture, commerce and industry. This Office shall also conduct
continuing studies of Philippine Climatology, Agrometeorology, Solar
Radiation, Wind Effects, or Gustiness and other such technological
studies vital to national progress.
(c) The National Geophysical and Astronomical OFFICE
shall undertake activities or observations and studies of Geophysical
and Astronomical phenomena essential for the safety and welfare of the
people and also for the economy of the country. The OFFICE shall issue
bulletins and/or technical advise to the public in case of significant
geophysical events like severe earthquakes and tsunami, and shall also
serve as the official time service agency of the Philippines. chanroblesvirtualawlibrary
(d) The National Institute of Atmospheric,
Geophysical and Astronomical Sciences shall undertake activities to
develop a high level of knowledge in the atmospheric, geophysical and
astronomical sciences to provide for an adequate manpower supply of
well-trained scientists and technological personnel in the country with
respect to these fields. The Institute shall also conduct researches in
Atmospheric Science, in Geophysics and in Astronomy AND SHALL ESTABLISH
SYSTEMS AND FACILITIES FOR CARRYING OUT THESE FUNCTIONS. chanroblesvirtualawlibrary
(e) THE TYPHOON MODERATION RESEARCH AND DEVELOPMENT
OFFICE SHALL UNDERTAKE RESEARCH ON THE STRUCTURE, DEVELOPMENT AND
MOTION OF TYPHOONS; UTILIZE SCIENTIFIC MEASURES TO REDUCE THE INTENSITY
OF TYPHOONS AND RESULTING DESTRUCTION; AND STUDY THE ENVIRONMENTAL
IMPACT OF SUCH MEASURES AND ADOPT NECESSARY PRECAUTIONS TO PREVENT LOSS
OR DESTRUCTION.
(f) THE NATIONAL FLOOD FORECASTING OFFICE SHALL
UNDERTAKE OPERATIONAL ACTIVITIES IN FLOOD FORECASTING AND WARNING
COVERING IMPORTANT RIVER BASINS IN THE COUNTRY; DEVELOP THE SYSTEMS AND
FACILITIES NECESSARY TO CARRY OUT THESE FUNCTIONS; IMPROVE THE
TECHNIQUES AND METHODS USED; AND COORDINATE WITH THE DEPARTMENT OF
PUBLIC WORKS, TRANSPORTATION AND COMMUNICATION AND OTHER AGENCIES
CONCERNED WITH FLOOD MITIGATION AND CONTROL."
Section 2. Section 5 of the Presidential Decree No.
78 is hereby amended to read as follows: chanroblesvirtualawlibrary
"Sec. 5. Director-General, Directors of major
organizational Units, Other Personnel. — The PAGASA shall be headed by
a DIRECTOR-GENERAL. The DIRECTOR-GENERAL shall be appointed by the
President of the Philippines, subject to confirmation by the Commission
on Appointments. He shall hold office during good behavior, and shall
not be removed therefrom except for cause. He shall be a citizen of the
Philippines with proven executive ability who shall have distinguished
himself in science and technology; Provided, That no one shall be
appointed DIRECTOR-GENERAL who is already holding an appointive or
elective position in a concurrent capacity in the Government. Each
DIRECTOR of major organizational units of PAGASA shall be APPOINTED BY
THE PRESIDENT OF THE PHILIPPINES SUBJECT TO CONFIRMATION BY THE
COMMISSION ON APPOINTMENTS. He shall be a citizen of the Philippines
with proven executive ability who shall have achieved distinction in
his particular field. PROVIDED, THAT THE INCUMBENT HEAD OF EACH MAJOR
ORGANIZATIONAL UNIT OF PAGASA SHALL CONTINUE AS DIRECTOR OF HIS
RESPECTIVE UNIT.
All subordinate personnel of PAGASA below the rank of DIRECTOR shall be
appointed by the DIRECTOR-GENERAL upon recommendation OF THE RESPECTIVE
DIRECTOR OF OFFICE or Institute, in accordance with applicable Civil
Service laws and rules."
Section 3. In Presidential Decree No. 78 all
references to Administrator are hereby amended to read DIRECTOR-GENERAL.
Section 4. Section 9 of Presidential Decree No. 78 is
hereby amended to read as follows: chanroblesvirtualawlibrary
"Sec. 9. Hazardous Duty Pay. — Any officer or
employee of the Administration, during the time that he is performing
official duties or function involving exposure to personal danger,
shall be entitled to additional compensation to be determined by the
DIRECTOR-GENERAL and approved by the Secretary of National Defense,
exclusive of the usual per diems and other allowances: Provided, that
in no case shall the total amount of such additional compensation
exceed twenty-five per cent of his annual salary for the period of one
year."
Section 5. Section 10 of Presidential Decree No. 78
is hereby amended to read as follows:cralaw:red
"Sec. 10. Appropriations. — The sum of fourteen
million pesos is hereby authorized to be appropriated, in addition to
the current budget of PAGASA, to carry into effect the provisions of
this Act. Of this amount, ten million pesos shall be used exclusively
for the purchase of modern weather equipment to rehabilitate, update,
upgrade and replenish the worn out, defective, old and burned
facilities; four million pesos shall be for capital outlay, personnel
and other operating expenses of the PAGASA; PROVIDED, THAT THE SUM OF
TEN MILLION PESOS (P10,000,000.00) APPROPRIATED FOR THE TYPHOON
MODERATION AND FLOOD CONTROL RESEARCH DEVELOPMENT COUNCIL UNDER
REPUBLIC ACT NO. 6613 IS HEREBY TRANSFERRED TO THE PAGASA, AS WELL AS
THE ADDITIONAL APPROPRIATION OF TEN MILLION PESOS (P10,000,000.00)
ANNUALLY FOR EACH OF THE NEXT FOUR YEARS: PROVIDED, FINALLY, THAT THE
SUM OF FOUR MILLION ONE HUNDRED THOUSAND PESOS, OR SO MUCH OF THE
APPROPRIATION AS MAY BE NECESSARY SHALL BE SET ASIDE ANNUALLY TO BE
USED EXCLUSIVELY FOR THE PURCHASE AND OPERATION OF THE TYPE OFRCRAFT
REQUIRED TO CARRY OUT THE TYPHOON MODERATION RESEARCH AND DEVELOPMENT
ACTIVITIES."
Section 6. This Decree shall take effect immediately.
Done in the City of Manila,
this 2nd day of June in the year of Our Lord, nineteen hundred and
seventy-seven.
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