A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1192
PRESIDENTIAL DECREE NO. 1192 -
FURTHER AMENDING PRESIDENTIAL DECREE NO. 388, CREATING THE PHILIPPINE
SUGAR COMMISSION
|
chanroblesvirtualawlibrary
WHEREAS,
under Presidential Decree No. 368, as amended, the Philippine Sugar
Commission is expressly charged with the promotion of the integrated
development and stabilizing of the sugar industry. chanroblesvirtualawlibrary
WHEREAS, it is imperative that the Philippine Sugar Commission and its
affiliated corporations be granted adequate powers and incentives to
enable it to attain expeditiously and efficiently its declared
objectives.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order the following:cralaw:red
Section 1. Section 3 of Presidential Decree No. 388
is hereby amended by adding the following:cralaw:red
"The administrative supervision of the Philippine Sugar Commission
shall be under the direct general supervision of the President."
Section 2. Section 4 of Presidential Decree No. 388,
as amended, is hereby further amended to read as follows:cralaw:red
"(a) To establish policies pertaining to all phases
of the sugar industry; and to inquire into other aspects of the sugar
industry with a view to improving existing methods and system; chanroblesvirtualawlibrary
"(b) To enter into contracts, transactions or
undertakings of whatever nature, with or without public bidding, which
are necessary or incidental to its functions and objectives with any
natural or juridical person and with any foreign government, private
corporations, partnerships, institutions, or private individuals,
including but not limited to buying, selling, trading, loading,
unloading, transportation, vessel-charters, warehousing, marketing,
processing or reprocessing of sugar, by-products and derivatives;
acquisition by lease, purchase or other modes, of materials, supplies,
equipment and facilities relative thereto and for the cultivation,
production, transportation and processing of sugar cane and related
products;chanroblesvirtualawlibrary
"(c) To levy and collect charges, fees and
contributions to finance its operation for social amelioration of the
workers in the industry, and for such other purposes as the Commission
may determine. The amount of the fees, charges and contributions shall
be subject to the approval of the President;chanroblesvirtualawlibrary
"(d) To act as the single buying and selling agency
of sugar on the quedan-permit level, in order to promote the effective
merchandising and distribution of sugar;chanroblesvirtualawlibrary
"(e) To determine from time to time the floor-ceiling
price of sugar which will giver the planters, millers, traders,
wholesalers, and retailers a fair return on their investments;
Provided, That in determining the floor-ceiling price, the Commission
shall take into account the total anticipated cost of production per
picul of sugar plus a corresponding reasonable margin of profit set by
the Price Control Council or any other government agency authorized to
regulate prices of commodities and service after taking into
consideration the effects of devaluation and other economic factors
affecting production, processing, marketing, transportation and other
related expenses including the minimum wage for agricultural and
industrial workers; Provided, that the floor-ceiling price established
by the Commission shall be adjusted in direct relation to significant
changes in the cost of production as determined by the Commission and
the Consumers Price Index prepared by the Central Bank of the
Philippines; Provided, however, that the determination of the ceiling
price shall be subject to prevailing world market prices with respect
to export sugar and prevailing domestic prices with respect to domestic
sugar; chanroblesvirtualawlibrary
"(f) To borrow money from local and foreign sources
as may be necessary for its operations;chanroblesvirtualawlibrary
"(g) To invest its funds as it may be deem proper and
necessary in any activity related to sugar production and trading,
including in any bonds or securities issued and guaranteed by the
Government of the Philippines;chanroblesvirtualawlibrary
"(h) To purchase, hold, alienate, mortgage, pledge or
otherwise dispose of the shares of the capital stock of, or any bond,
or security of other corporations or associations of this or any other
country, and while the owner of said stock, to exercise all the rights
of ownership, including the right to vote thereon;chanroblesvirtualawlibrary
"(i) To hold lands and acquire rights over
agricultural lands in excess of the areas permitted to private
corporations, associations and persons by statute;chanroblesvirtualawlibrary
"(j) To engage in export and import business of sugar
and its derivatives, as well as in related activities;chanroblesvirtualawlibrary
"(k) To acquire assets, real or personal, or
interests therein, and encumber or otherwise dispose the same as it may
deem proper and necessary in the conduct of its business; chanroblesvirtualawlibrary
"(l) Subject to existing regulations, if it deems
necessary, to establish and maintain such communication system, whether
by radio, telegraph or any other manner, without the need of a separate
franchise therefor;chanroblesvirtualawlibrary
"(m) To determine its organizational structure, and
the number and salaries of its officers and employees, and engage the
services of consultants under such terms and conditions with such
remuneration or allowances commensurate with their assignment and
expertise as may be competitive with rates in private undertakings, as
the Commission may decide;chanroblesvirtualawlibrary
"(n) To establish and maintain offices, branches,
agencies, subsidiaries, correspondents or other units anywhere as may
be needed by the Commission and reorganize or abolish the same as it
may deem proper;chanroblesvirtualawlibrary
"(o) To promulgate rules and regulations to carry
into effect the provisions of this Decree and impose penalties for the
violation thereof;chanroblesvirtualawlibrary
"(p) To assume control and/or supervision of sugar
mill or refinery that has failed to meet its financial and other
contracted obligations for two years or has become inefficient in its
operation;chanroblesvirtualawlibrary
"(q) To organize, register, regulate and maintain
exclusive control and supervision over sugar planters and sugar
producers marketing cooperatives and to restore those existing under
laws before their repeal by the provisions of Presidential Decree No.
175; Provided, however, that all acts, rulings and orders of the Sugar
Quota Administration during the time the Commission under Presidential
Decree No. 388 was not officially constituted shall be given force and
effect; chanroblesvirtualawlibrary
"(r) To allow sugar planters and/or sugar producers
marketing cooperatives to enjoy privileges and incentives heretofore
granted under laws of their creation before their repeal by the
provisions of Presidential Decree No. 175, and those granted by all
government agencies to business organization under existing laws;
Provided, that the requirements imposed therein are complied with;
Provided, further, that pre-existing sugar planters and/or sugar
producers marketing cooperatives shall be entitled to the same
attributes and grant of privileges and incentives at those created
under existing laws; and, Provided, finally, That these pre-existing
sugar planters and/or sugar producers marketing cooperatives shall
apply or petition for re-registration with the Commission with a period
of six (6) months from the date of promulgation of this Decree, and its
existence shall be deemed to continue until the application or petition
is approved or denied;chanroblesvirtualawlibrary
"(s) To determine the manner and extent by which
powers, privileges and incentives provided by existing laws shall be
exercised or enjoyed by sugar planters and/or sugar producers marketing
cooperatives; Provided, that the Commission shall promulgate rules and
regulations to govern the promotion, organization, registration,
re-registration, control and supervision of all sugar planters and
sugar producers marketing cooperatives;chanroblesvirtualawlibrary
"(t) To suspend the operation or cancel the
registration of any sugar planters and/or sugar producers marketing
cooperatives after hearing and when in its judgment based on findings,
such cooperative is operating in violation of this Decree, rules and
regulations, existing laws as well as the by-laws of the sugar
cooperatives; chanroblesvirtualawlibrary
"(u) To finance the activities of the sugar industry,
or any of its component elements, where such assistance is needed and
conducive to the progress of the industry in all its phases;chanroblesvirtualawlibrary
"(v) To organize affiliate corporations for the
purpose of carrying out any of the above functions. An affiliate
corporation as used herein is a private corporation in which the
Commission, through its officers, owns and/or controls by itself or
jointly with one or more Government agencies or Government-owned
or-controlled corporations at least seventy-five percent (75%) of the
issued and outstanding shares of stock entitled to vote. For this
purpose, the Commission may use its funds for the capital requirements
of the affiliate corporations;chanroblesvirtualawlibrary
"(w) To perform such other functions as are necessary
and incidental to its purposes and objectives."
The Commission shall submit to the President of the Philippines
periodic reports of its survey, studies and investigations, together
with its recommendations, for appropriate action.
Section 3. A new provision is hereby inserted after
Section 5 to be known as Section 6, as follows:cralaw:red
"Sec. 6. Loans and Other Indebtedness. — The
Commission and any of its affiliate corporations may borrow from local
or foreign sources by contracting loans, other forms of credit
accommodations, and floating bonds or debentures. chanroblesvirtualawlibrary
"Local borrowings from private commercial banks shall be subject to the
standard banking requirements. Loans, credits, and indebtedness
contracted from government financing institutions shall be exempt from
any guarantee requirement from the National Government through the
Secretary of Finance.
"The Commission as well as any affiliate corporation, when specifically
authorized by the President of the Philippines, is hereby authorized to
contract loans, credits, any convertible foreign currency or capital
goods, and indebtedness from time to time from foreign governments, or
any international financial institutions or fund sources, or any other
entities on such terms and conditions it shall deem appropriate for the
accomplishment of its purposes and to enter into and execute agreements
and other documents specifying such terms and conditions.
The Republic of the Philippines, through the President of the
Philippines or his duly authorized representative, may guarantee,
absolutely and unconditionally, as primary obligor and not as surety
merely, the payment of the loans, credits and indebtedness secured by
the Commission or any of its affiliate corporations, as provided above,
which may be over and above the amount which the President of the
Philippines is authorized to guarantee under Republic Act Numbered
Sixty One Hundred Forty-Two, as amended, as well as the performance of
all or any of the obligations undertaken by the Commission or its
affiliate corporations in the territory of the Republic of the
Philippines pursuant to loan agreements entered into with foreign
governments or any international financial institutions or fund
sources. chanroblesvirtualawlibrary
"The loans, credits and indebtedness contracted under this subsection
and the payment of the principal, interest and other charges thereon,
as well as the importation of machinery, equipment, materials, supplies
and services, by the Commission or any of its affiliate corporations as
defined herein, paid from the proceeds of any loan, credit or
indebtedness incurred under this Act, shall also be exempt from all
direct and indirect taxes, duties, fees, imposts and all other charges
and restrictions, including import restrictions previously and
presently imposed, and to be imposed by the Republic of the
Philippines, or any of its agencies and political subdivisions."
Section 4. Sections 6, 7, 8, 9, and 10 of
Presidential Decree No. 388 are hereby renumbered as Sections 7, 8, 9,
10 and 11.
Section 5. Section 11 of Presidential Decree No. 388
is hereby renumbered as Section 12 and amended to read as follows:cralaw:red
"Sec. 12. All laws including Presidential Decree Nos.
579, and 788 and Letter of Implementation No. 36 and parts thereof
inconsistent with the provisions of this decree are hereby repealed or
modified accordingly.
Section 6. A new provision is hereby inserted after
Section 11, renumbered Section 12, to be known as Section 13, to read
as follows:cralaw:red
"Sec. 13. The Philippine Sugar Commission is exempted
from the coverage of Presidential Decrees 711 and 985."
Section 7. This Decree shall take effect immediately.
DONE in the City of Manila,
this 2nd day of September in the year of Our Lord, nineteen hundred and
seventy-seven.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|