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PRESIDENTIAL DECREE NO. 1302
PRESIDENTIAL DECREE NO. 1302 -
CREATING THE PHILIPPINE PILGRIMAGE AUTHORITY
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WHEREAS,
one of the five pillars of Islam, the religion of the Muslims, is the
pilgrimage to the birthplace of their Prophet Mohammad in Mecca, Saudi
Arabia and by reason of this religious injunction, a great number of
Muslim Filipinos with the physical and financial capability endeavor to
undertake such pilgrimage at least once during their lifetime; chanroblesvirtualawlibrary
WHEREAS, before the advent of the New Order, the activities connected
with all phases and aspects of the said pilgrimage of Muslim Filipinos
had been exploited by unscrupulous parties whose only motive had been
to advance their personal, social, financial, political and other
selfish ends;chanroblesvirtualawlibrary
WHEREAS, such exploitation gave rise to many irregularities which
became a source of adverse and detrimental propaganda and criticism
against the Republic of the Philippines locally and abroad, especially
in the eyes of the Muslim countries, and served to stir social unrest,
frustration and discontent among Muslim Filipinos thereby aggravating
the peace and order problems in some places in Mindanao, Sulu,
Tawi-Tawi and Palawan;chanroblesvirtualawlibrary
WHEREAS, it is the Government's responsibility to look after the
welfare and protect the interests of Muslim Filipino pilgrims and to
prevent them from being exploited by any unscrupulous party, thereby
avoiding the aforestated detrimental effects on the national
interest; chanroblesvirtualawlibrary
WHEREAS, the Government participation in said activity has been proven
effective during the Muslim Filipinos pilgrimage to Mecca, Saudi Arabia
in 1973, 1974, 1975, 1976 and 1977, which had been completed without
any major untoward or regrettable incident;chanroblesvirtualawlibrary
WHEREAS, the gains in terms of the improved Philippine international
image, prestige, dignity and integrity throughout the world, and the
favorable effects on the peace and order conditions in some provinces
in Mindanao obtained through stricter Government supervision of and
more active participation in said pilgrimage during the past five years
must be preserved and enhanced by making such participation a
continuing and on-going activity;chanroblesvirtualawlibrary
WHEREAS, to maximize the number of Muslim Filipinos that can avail of
the opportunity to make such pilgrimage and insure the effectiveness
and consequently, the success of this important activity, there must be
a Government Agency directly responsible for carrying out the same.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers in me vested by the
Constitution, do hereby order and decree, as part of the laws of the
land, the following:cralaw:red
Section 1. Creation of the Philippine Pilgrimage
Authority. — There is hereby created, under the Office of the
President, an agency to be known as the Philippine Pilgrimage Authority.
Section 2. Composition of the Authority. — The
Authority herein created shall be composed of a Chairman whose
appointment, tenure and qualifications shall be made or determined by
the President; and six members consisting of the representatives of
the: Secretaries of the Department of Foreign Affairs, Finance,
National Defense and Local Government and Community Development, the
President of the Philippine Amanah Bank and the Administrator of the
Southern Philippines Development Authority.
Section 3. Powers, functions and duties. — The
Authority shall have the following powers, functions and duties:cralaw:red
(a) To initiate, plan, integrate, execute, implement,
coordinate, manage, supervise and administer all aspects and phases of
programs, projects and activities, relevant to the annual pilgrimage of
Muslim Filipinos to Mecca, Saudi Arabia, including, but not limited to
the following:cralaw:red
(1) Devising ways, means methods and measures to
encourage all Muslim Filipinos to save money to enable them to
undertake the pilgrimage;chanroblesvirtualawlibrary
(2) Pre-Departure processing of pilgrim applicants at
convenient designated places;chanroblesvirtualawlibrary
(3) Ferry of pilgrim participants from home provinces
to designated point (s) of departure;chanroblesvirtualawlibrary
(4) Arrangement for transport from the Philippines to
Mecca, Saudi Arabia and return, including charter or contract, whether
by ship orrplane;chanroblesvirtualawlibrary
(5) Administration of and assistance to the pilgrims
abroad orrplane to and from and while at Mecca, Saudi Arabia;chanroblesvirtualawlibrary
(6) Deprocessing of pilgrims upon return to the
Philippines at designated point(s) of arrival;chanroblesvirtualawlibrary
(7) Ferry of pilgrims from point(s) of arrival at
home provinces; and
(8) General administration, to include funding of the
programs, projects and activities necessary for the government
participation in the pilgrimage.
(b) To coordinate with and obtain assistance, support
and cooperation from other offices, agencies, branches or
instrumentalities of Government, as well as from the private sectors
whenever necessary to insure the success of every pilgrimage;chanroblesvirtualawlibrary
(c) To formulate and submit to the President for
approval, not later than March 1st of each year, plans and
recommendations, including funding requirements, for carrying out the
pilgrimage;chanroblesvirtualawlibrary
(d) After approval of the said plans and
recommendations, to submit to the President timely reports on the
progress of the pilgrimage programs, projects and activities and upon
completion of the pilgrimage, to submit a final report on the same;chanroblesvirtualawlibrary
(e) To conduct a continuing study on, and to submit
to the President recommendations for, improving, streamlining and
modernizing the system employed to insure the success of every
pilgrimage;chanroblesvirtualawlibrary
(f) To appoint and administer, subject to pertinent
budgetary, auditing and Civil Service Laws, rules and regulations,
including those of the Wage and Position Classification Office, such
number of subordinate officials and/or employees necessary for the
smooth and efficient functioning of the Authority;chanroblesvirtualawlibrary
(g) To exercise such other powers of administration
necessary for the operation of the Authority;chanroblesvirtualawlibrary
(h) To accept and receive grants, donations or gifts
in whatever form and from whatever sources; Provided, That, said
grants, donations or gifts shall be administered, obligated and
disbursed in accordance with the terms thereof, or in the absence of
such terms, in such manner as the Authority may, in the exercise of
sound discretion, determine; Provided, further, That, said grants,
donations or gifts shall be subject only to such limitations as the
grantor, donor or giver may impose; Provided, finally, That the
acceptance or receipt of such grants, donations or gifts shall not be
prejudicial to the national interest or contrary to law; chanroblesvirtualawlibrary
(i) To engage in any commercial, industrial,
agricultural, fishing, mining or other profitable business enterprises
for the purpose of making the Authority self-sustaining; and for the
same purpose, to invest in or otherwise acquire, own, hold, use,
operate, sell, assign, transfer, exchange, mortgage, pledge, lease,
develop or otherwise deal in, real estate and other natural resources
projects or any interest therein, and in personal property of every
kind and description, including shares of stock, bonds, debentures,
notes, evidence of indebtedness, and other securities or obligations of
other corporations or associations, domestic or foreign and acquire,
lease or hold private and public lands of any classification
notwithstanding the prohibitions in, or in excess of the area,
permitted by, the laws of the Philippines; to enter into contracts and
other transactions in connection with the foregoing; and with the prior
approval of the President, to incur obligations or indebtedness to
generate the necessary capitalization to fund the activities authorized
in this provisions;chanroblesvirtualawlibrary
(j) To promulgate such rules, regulations and/or
resolutions for the effective implementation of this Decree. chanroblesvirtualawlibrary
Section 4. Compensation of Chairman. — The Chairman
of the Authority shall receive an annual compensation of Thirty Nine
Thousand Two Hundred Forty Pesos (P39,240.00).
Section 5. Appropriation. — The sum of Five Million
pesos is hereby authorized to be appropriated out of the funds in the
National Treasury not otherwise appropriated: Provided, That such sums
as may be necessary for the continuing implementation of this Decree
shall be included in the Annual Budget of the National Government;
Provided, further, That any surplus funds earned by the Authority shall
be utilized, subject to the approval of the President, for the
development of the southern Philippines.
Section 6. Penal Provision. — Any person who
obstructs, impedes or otherwise impairs the implementation of this
Decree shall suffer imprisonment of not less than five years nor more
than ten years at the discretion of the Court. Conviction of the
offender who is a public official or employee, shall carry with it
dismissal from the service and other accessory penalties provided for
in the Revised Penal Code.
Section 7. Repealing Clause. — All laws, decrees,
rules and regulations or parts thereof which are inconsistent with this
Decree are hereby repealed or modified accordingly.
Section 8. This Decree shall take effect upon
approval.
Done in the City of
Manila, this 15th day of February, in the year of Our Lord, nineteen
hundred and seventy-eight.
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