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. 1208
PRESIDENTIAL DECREE NO. 1208 -
CREATING THE ABACA INDUSTRY DEVELOPMENT AUTHORITY
|
chanroblesvirtualawlibrary
WHEREAS,
the Philippines is the leading producer and exporter of abaca fiber in
the world; chanroblesvirtualawlibrary
WHEREAS, there exists an unstable world market for abaca fiber subject
to volatile price fluctuations;chanroblesvirtualawlibrary
WHEREAS, abaca farmers are shifting to other crops in view of an
unstable market for their products; chanroblesvirtualawlibrary
WHEREAS, an orderly and stable market is necessary for the maintenance
and growth of the abaca industry;chanroblesvirtualawlibrary
WHEREAS, it is Government policy to provide adequate assistance to the
agricultural sector in line with the national objective of increasing
agricultural production and boosting exports;chanroblesvirtualawlibrary
WHEREAS, the foregoing considerations make it desirable to have one
agency to regulate abaca production, processing, distribution, sale,
transport and storage; chanroblesvirtualawlibrary
WHEREAS, since the abolition of the Abaca Corporation in 1970 and the
abolition of the Abaca and Other Fiber Development Board in 1972, there
has been no single government agency in charge of the integrated
development of the abaca industry;chanroblesvirtualawlibrary
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. Creation of the Abaca Industry Development
Authority. — The Abaca Industry Development Authority, hereinafter
referred to as theDA, is hereby established and attached to the
Department of Agriculture for the purpose of promoting the accelerated
growth and development of the abaca industry in all its aspects.DA
shall rationalize the research, production, processing, and marketing
of abaca, and provide continued leadership and support for the
integrated development of the industry;chanroblesvirtualawlibrary
Section 2. Transfer of Functions. — All functions and
all powers of the Bureaus of Fiber Development and Inspection Service
(BFDIS) of the Department of Trade pertinent to the abaca industry
except for grading and inspection functions are hereby transferred to
theDA. Such transfer shall include the corresponding balances of
appropriations, records, equipment, properties and such personnel as
may be necessary, Provided, That the Bureau of Fiber Development and
Inspection Service (BFDIS); shall henceforth be renamed Bureau of Fiber
and Inspection Service (BFDIS); Provided, further, That theDA, through
its Board, shall effect the transfer herein provided in a manner that
will ensure the least disruption of non-going programs and projects.
The Abaca Production and Development Program (APDP) is hereby
transferred from the Department of Agriculture to theDA, together with
all corresponding balances of appropriations, records, equipment,
properties and such personnel as may be necessary; Provided, That theDA
through its Board, shall effect the transfer herein provided in manner
that will ensure the least disruption of ongoing programs and projects.
Section 3. Board of Directors. — The powers and
functions of theDA shall be vested in and exercised by a Board of
Directors which shall be composed of the following officials or their
representatives:cralaw:red
1. Secretary of Agriculture —
Chairman
2. Secretary of Trade — Member
3. Chairman of Board of Investments
— Member
4. Secretary of Local Governments and
Community Development — Member
5. Governor of the Central Bank —
Member
6. Governor, Development Bank of the
Philippines — Member
7. President, Philippine National
Bank — Member
8. A representative of the abaca
producers — Member
9. A representative of the abaca
traders — Member
The President shall appoint the representative of the abaca producers
and traders upon recommendation of the Secretary of Agriculture and
they shall hold office for a term of three (3) years unless sooner
removed for cause or until their successors shall have been appointed
and qualified.
The members of the Board from the government sector, if unable to
attend a Board meeting, may designate their respective alternates whose
acts shall be considered the acts of principals.
The members of the Board shall elect a Vice-Chairman who shall act as
Chairman in case of the absence, inability or temporary incapacity of
the Chairman; Provided, That in the absence of the Chairman and
Vice-Chairman, the Board shall elect a temporary presiding officer.
The members of the Board may receive per diems per meeting actually
attended at such amount to be fixed by the Board, but not to exceed one
thousand pesos per month.
Section 4. Organization. — TheDA is empowered to
determine and create its organizational structure in order to achieve
its objectives, including the number, positions and salaries of its
officers and employees. The Board shall create the positions of
Administrator, Deputy Administrator or Administrators, and such other
subordinate officials as may be required. The Board shall appoint all
the officers of theDA, establish a compensation scheme including
allowances and benefits, working hours and other conditions of
employment as it may deem proper, discipline and/or remove for cause
employees, and exercise such other powers over its personnel as may be
necessary for the efficient operation of theDA.
The management of theDA shall be vested in an Administrator to be
appointed by the Board who shall have the following functions and
powers:cralaw:red
a. To direct and manage the affairs and business of
the Authority in accordance with policies enunciated by the Board;chanroblesvirtualawlibrary
b. To establish and maintain, upon approval by the
Board, an organization with specific functions and responsibilities for
each operating unit;chanroblesvirtualawlibrary
c. To perform such other duties as may be assigned to
him by the Board from time to time.
Managerial and technical personnel shall be specifically exempt from
OCPC and Civil Service requirements. chanroblesvirtualawlibrary
Section 5. To carry out the objectives and purposes
mentioned in Section 1 of this Decree, theDA, through its Board, shall
have the following powers and functions:cralaw:red
a. Formulate and implement in cooperation with
related agencies, integrated programs and comprehensive policy
guidelines for the accelerated development of the industry as a
whole; chanroblesvirtualawlibrary
b. Regulate research, production, processing, and
marketing of abaca in both the domestic and the international markets
when necessary;chanroblesvirtualawlibrary
c. Establish a monitoring system for the assessment
of the abaca supply and demand situation, both domestic and worldwide;chanroblesvirtualawlibrary
d. Negotiate and enter into contracts for the export
of abaca under such terms and conditions as it may deem reasonable when
necessary;chanroblesvirtualawlibrary
e. Negotiate and enter into contracts for shipping
facilities necessary for the export of abaca including the purchase
and/or charter of vessels when necessary;chanroblesvirtualawlibrary
f. Establish and maintain storage facilities for
abaca in the country or in major foreign markets whenever such
facilities are deemed necessary;chanroblesvirtualawlibrary
g. Establish and administer a price scheme and
maintain a stockpile of abaca when necessary to stabilize prices for
the benefit of abaca farmers in the country; chanroblesvirtualawlibrary
h. Promote and undertake research in abaca in
coordination with the Philippine Council for Agriculture and Resources
Research and other appropriate agencies with a view to expanding the
production, utilization, processing, marketing of abaca for domestic
and foreign uses; chanroblesvirtualawlibrary
i. Borrow from local and international financing
institutions, and issue bonds and other instruments of indebtedness,
subject to existing rules and regulations of the Central Bank and the
Department of Finance, for the purpose of financing programs and
projects deemed vital and necessary for the early attainment of its
goals and objectives;chanroblesvirtualawlibrary
j. Formulate and recommend for adoption by financial
institutions, credit programs to support research, production,
processing, and marketing of abaca;chanroblesvirtualawlibrary
k. Formulate and recommend for adoption by other
agencies and instrumentalities, such programs and projects as may be
found necessary to accelerate industry development;chanroblesvirtualawlibrary
l. Enter into, make and execute contracts of any kind
as may be necessary to achieve the objectives of theDA;chanroblesvirtualawlibrary
m. Receive and administer funds provided by law and
draw, with the approval of the President, funds from existing
appropriations as may be necessary in support of its programs, and to
accept donations, grants, gifts and assistance from all kinds of
international and local private foundations, associations, or entities,
and to administer the same in accordance with the instructions or
directions of the donor, or in default thereof, in the manner it may,
in its discretion determine;chanroblesvirtualawlibrary
n. Invest and deal with the funds of the Authority,
in order not to make such funds idle and unproductive pending their
full utilization for the principal objects and purposes for which theDA
has been organized;chanroblesvirtualawlibrary
o. Obtain complete access to all pertinent
information on the operations of the industry.
Section 6. Power to Issue Rules and Regulations to
Implement Decree. — TheDA is hereby authorized to issue or to
promulgate rules and regulations to implement and carry out the
purposes and provisions of this Decree.
Section 7. Appropriations. — For the fiscal years
1977 and 1978, all unexpected and unprogrammed appropriations out of
funds already stipulated for abaca development from the appropriations
of the Bureau of Fiber and Inspection Service of the Department of
Trade and all unexpended funds, programmed and unprogrammed,
appropriated for the Abaca Production and Development Program of the
Department of Agriculture are hereby transferred to theDA. chanroblesvirtualawlibrary
Any provision of existing law to the contrary notwithstanding,DA may
impose fees or receive grants, subsidies, donations, or contributions
from any entity and retain such funds for its operation.
Section 8. Separability Clause. — The provisions of
this Decree are hereby declared to be separable, and in the event any
one or more provisions are held unconstitutional, the validity of other
provisions shall not be affected.
Section 9. Repealing Clause. — All laws, decrees,
acts, executive orders, ordinances, rules and regulations which are
inconsistent with the provisions of this Decree are hereby repealed,
amended or modified accordingly. chanroblesvirtualawlibrary
Section 10. Effectivity. — This Decree shall take
effect upon approval.
Done in the City of Legazpi
this 8th day of October in the year of our Lord nineteen hundred and
seventy-seven.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|