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. 1448
PRESIDENTIAL DECREE NO. 1448 - A
DECREE RE-ENACTING PRESIDENTIAL DECREE NO. 867 AND AMENDING CERTAIN
PROVISIONS THEREOF
|
chanroblesvirtualawlibrary
WHEREAS,
the promotion of the tourism and travel industry in the Philippines is
a primary concern of the government;chanroblesvirtualawlibrary
WHEREAS, the growth and development in tourism accommodations and
facilities underscore the need for a concerted and planned effort to
promote the Philippines not only as a tourism destination in the area
but also as a center for world congresses and conventions; and
WHEREAS, it is necessary that an entity be created through which the
government and the private sector in the tourism and allied fields can
pool their resources, talents and efforts to achieve and attain the
abovementioned goals.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, hereby decree
that:cralaw:red
Section 1. There is hereby created a non-stock,
non-profit corporate body to be known as the Philippine Convention
Bureau which shall maintain its principal office in Metropolitan Manila.
The Philippine Convention Bureau is hereby authorized to adopt, alter
and use a corporate seal; to enter into contracts; to lease or own real
and personal property and to sell or otherwise dispose of the same; to
sue and be sued; and otherwise do and perform any and all things that
may be necessary and proper to carry out the purposes of this Decree or
as essential to the proper conduct of its corporate operations.
Section 2. Objectives. — The general objectives of
the Philippine Convention Bureau are:cralaw:red
a. To create and maintain an organizational machinery
to plan, develop and execute a campaign to promote tourism and to
attract international congresses and conventions in the Philippines.
b. To conduct a continuing program to promote and
project Metro Manila as a Convention City.
c. To supervise, assist in and/or coordinate all
activities related to the smooth operation of various congresses and
conventions to be held in the country.
d. To oversee the requirements and general welfare of
the Conventioneers.
e. To encourage and promote the development of skills
and services necessarily connected with or forming an integral part in
the holding of international congresses and conventions. chanroblesvirtualawlibrary
Section 3. Membership. — Membership in the Philippine
Convention Bureau is open to entities, groups or individuals with
direct or indirect economic, social or cultural interest in congresses
and conventions, such as shipping companies, souvenir and gift shops,
manufacturers, exhibit promoters, international friendship
organizations, interested national organizations, and others. However,
membership in the Bureau for hotels, travel agencies, tour operators,
tourist transport operators, professional congresses organizers, and
certain classes of restaurants, resorts and night clubs as determined
by the Department of Tourism shall be a requirement for the issuance of
their respective licenses or permits to operate. chanroblesvirtualawlibrary
There shall be a Membership Committee to be created by the Board of
Trustees whose principal duty is to screen and submit to the Board its
findings or recommendations on all applications for membership.
The Board of Trustees shall exercise exclusive authority in approving
Membership with a simple majority vote of all the members of the Board.
Section 4. Board of Trustees. — There shall be a
policy making body to be known as the Board of Trustees whose
membership shall be drawn from the Government and private sectors
directly involved in the planning and facilitation of international
congresses and conventions, namely:cralaw:red
1. The Secretary of Tourism, Chairman.
2. The Assistant Secretary, Office of United Nations
Affairs and International Conferences, Department of Foreign Affairs,
Member.
3. The Governor of the Central Bank of the
Philippines or his duly authorized permanent representative,
Member. chanroblesvirtualawlibrary
4. The President, Hotel and Restaurant Association of
the Philippines, Member. chanroblesvirtualawlibrary
5. The President, Association of Tour Operators of
the Philippines, Member.
6. The President of Philippiner Lines or his duly
authorized permanent representative, Member.
7. The Director, National Media Production Center,
Member.
8. The Director, Bureau of Tourism Services, Member.
9. The Director, Bureau of Tourism Promotion, Member.
10. The General Manager, Philippine Tourism
Authority, Member.
11. The President, Tourism Organization of the
Philippines, Member.
The Chairman of the Board of Trustees shall be assisted by a Vice
Chairman who shall be selected from among the members of the Board and
shall upon the capacity or absence of the Chairman, act in his stead.
The Executive Director shall sit in the Board as an Ex Officio Member.
Section 5. Terms of Office. — The terms of the Board
Members representing the private sector shall run co-terminus with
their tenure as officials of their respective Association. chanroblesvirtualawlibrary
The term of all members from the government sector shall be co-terminus
with the tenure of their respective government positions.
Section 6. Compensation of the Board of Trustees. —
Members of the Board of Trustees shall not receive any compensation or
remuneration for their services as such, except for per diems to be
determined by the Board for every actual attendance in meetings and
expenses for missions or assignments undertaken for the Bureau.
Attendance in meetings of any committee created by and composed of
members of the Board of Trustees shall be considered as attendance in a
Board meeting: Provided, That in regular meetings of the Board, no
proxy shall be allowed.
Section 7. Powers and Duties of the Board of
Trustees. — The Board shall have the following powers and duties:cralaw:red
a. Promulgate policies, approve programs and
prescribe rules and regulations necessary to implement the intents and
purposes of the Bureau.
b. Approve the annual Budget and such supplemental
Budget as may be submitted by the Executive Director.
c. Fix the salaries of the Executive Director and the
Deputy Executive Director and such other officers and personnel as may
be necessary for the internal administration of the Bureau.
d. Render through its Chairman annual reports to the
President and such other special reports that may be required from time
to time. chanroblesvirtualawlibrary
e. Exercise all powers necessary or incidental to the
attainment of the intent or purpose of this Decree.
Section 8. Executive Power. — The Executive Power
shall be vested in the Executive Director whose primary duty is to
oversee the operations of the Bureau. He shall be assisted by a Deputy
Executive Director.
The Executive Director and the Deputy Executive Director shall be
elected by a vote of at least eight (8) members of the Board of
Trustees. The Executive Director shall serve as the Bureau's Chief
Executive Officer with powers as prescribed by the Board of Trustees.
The tenure of the Executive Director shall be fixed by the Board of
Trustees.
All other appointments to all positions in the Bureau shall be acted
upon and approved by the Board of Trustees upon the recommendation of
the Executive Director.
Section 9. Duties of the Executive Director. — The
Executive Director shall have the following duties and responsibilities:cralaw:red
a. Execute and/or administer the policies and
measures approved by the Board.
b. Direct, manage and supervise the executive
functions of the Bureau and shall be responsible for the efficient
conduct of its operation.
c. Determine the general work program of the Bureau.
d. Represent the Bureau in all dealings with other
government officer, agencies, and other private organizations whether
foreign or domestic, as may be authorized by the Board. chanroblesvirtualawlibrary
e. Prepare and submit to the Board the annual budget
and other supplemental budgets as exigencies demand. chanroblesvirtualawlibrary
f. Prepare and submit to the Board and annual report
including statement of finances covering the operations of the Bureau.
g. Perform such other functions as the Board may
delegate.
Section 10. Duties of the Deputy Executive Director.
—chanroblesvirtualawlibrary
a. The Deputy-Executive Director shall perform such
duties as designated by the Executive Director and shall act in his
stead upon the incapacity or absence of the Executive Director.
b. He shall directly supervise the functions of the
Administrative Department.
Section 11. Organizational Set-Up. — The Bureau shall
have the following Departments: Marketing & Promotions,
Administrative Research and Statistics, Consultation and Liaison;
Secretariat and Finance. The Board of Trustees may, however, create
such other departments or staff as will promote and improve the
functions and operations of the Bureau.
Section 12. Duties of the Administrative Department.
— The Administrative Department shall take charge of providing the
Bureau with services relating to personnel administration and
development, records management, supplies and equipment procurement,
maintenance services, collection and disbursement administration, legal
service and such other functions as may be assigned by the Board of
Trustees.
Section 13. Duties of the Research and Statistics
Department. — The Research and Statistics Department shall provide data
and establish a continuous program of research covering such areas as
market and competition, standards and ethics, policies and incentives
and shall disseminate such information for the benefit of the members
of the Bureau.
Section 14. Duties of the Marketing and Promotions
Department. — The Marketing and Promotions Department shall devise and
spearhead a sustained promotions scheme covering all general and
specialized media here and abroad to project Manila as a convention
destination and to negotiate and generate actual convention business
into the country.
Section 15. Duties of the Consultation & Liaison
Department. — The Consultation and Liaison Department shall serve as
the Bureau's technical arm in organizing, assisting and facilitating
international conventions and shall ensure the proper execution of
cooperative agreements between the local and foreign organizers or
conventions.
Section 16. Duties of the Secretariat Department. —
The Secretariat Department shall provide training, documentation,
creative and Secretariat Services to members of the Bureau and to
international secretariats with congresses and conventions in the
Philippines.
Section 17. Duties of the Finance Department. — The
Finance Department shall be responsible for providing the Bureau with
staff advice and assistance in all matters relative to budgetary
financial and management improvement matters.
Section 18. Funds of the Bureau. — Funds for the
operations and programs of the Philippine Convention Bureau shall be
drawn from the following sources: chanroblesvirtualawlibrary
1. A uniform Two Hundred Thousand Pesos (P200,000)
annual contribution from each of the government offices represented in
the Board of Trustees except the Central Bank and Philippiner Lines
which shall contribute Five Hundred Thousand Pesos (P500,000) each.
2. An annual subsidy representing 10% of the annual
collection of the travel tax to be automatically and directly remitted
by the agency authorized to collect and/or release said tax to the
Philippine Convention Bureau; Provided, That the actual expenditure of
this subsidy shall be subject to government audit.
3. An annual subsidy representing 50% of the annual
collection of hotel room tax to be released and disbursed under the
same conditions as paragraph 2. chanroblesvirtualawlibrary
4. Annual membership dues from the compulsory members
in accordance with following scales:cralaw:red
a. 4 to 5 star hotels in Metro Manila 1/2 of 1% of
their gross income exclusive of funds held in trust;chanroblesvirtualawlibrary
b. 1 to 3 star hotels in Metro Manila, 1/4 of 1% of
their gross income exclusive of funds held in trust;chanroblesvirtualawlibrary
c. 4 to 5 hotels in cities and capital towns, 1/8 of
1% of their gross income exclusive of funds held in trust;chanroblesvirtualawlibrary
d. Tour operators in Metro Manila 1/2 of 1% of their
gross earnings; and
e. Provincial tour operators without offices in
Manila, 1/8 of 1% their gross earnings.
The contribution from all other tourism-oriented establishments such as
restaurants, resorts, and travel agencies, tourist transport operators,
professional congress organizers, Philippine passengerrlines not
prescribed above shall be determined and fixed by the Board of Trustees.
5. Subsidies or grants that may be received by the
Philippine Convention Bureau.
Section 19. GSIS Membership. — The officers,
personnel and staff of the Bureau shall, by virtue of the powers of
this Decree, become compulsory members of the GSIS and as such, they
shall be entitled to all the benefits normally accorded to GSIS members
such as retirement benefits, insurance, medicare, leave and similar
benefits.
Section 20. Tax Exemption. — Notwithstanding the
provisions of any general or special law to the contrary, the Bureau,
its assets property, income and transactions shall be exempted from all
taxes, imposts, fees and charges. Contributions to the Bureau shall be
deductible in full from the donor's income tax.
Section 21. Applicability of the Corporation Law. —
The provision of the corporation law shall apply to the Bureau insofar
as they are not inconsistent with the provisions of this Decree.
Section 22. Exemption from OCPC Classification. — The
following positions in the Philippine Convention Bureau's corporate
structure are exempted from OCPC Classification Executive Director,
Deputy Executive Director, Department Heads, Corporate Secretary and
all regular, technical and professional staff as determined by the
Board of Trustees.
Section 23. Repealing Clause. — All existing laws,
presidential decrees, general orders, letters of instructions,
executive orders, inconsistent with this Decree are hereby repealed.
This Decree shall supercede Presidential Decree No. 867 and shall take
effect immediately.
Done in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|