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PRESIDENTIAL DECREE NO. 1572
PRESIDENTIAL DECREE NO. 1572 -
EMPOWERING THE SECRETARY OF TRADE TO REGULATE AND CONTROL THE OPERATION
OF SERVICE AND REPAIR ENTERPRISES FOR MOTOR VEHICLES, HEAVY EQUIPMENT
AND ENGINES AND ENGINEERING WORKS; ELECTRONICS,
ELECTRICAL,RCONDITIONING AND REFRIGERATION; OFFICE EQUIPMENT; MEDICAL
AND DENTAL EQUIPMENT; AND OTHER CONSUMER MECHANICAL AND INDUSTRIAL
EQUIPMENT, APPLIANCES OR DEVICES, INCLUDING THE TECHNICAL PERSONNEL
EMPLOYED THEREIN
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WHEREAS,
the government is concerned with providing adequate protection to
safeguard the interest of the public against unethical, unfair and
incompetent practice of service and repair enterprises;chanroblesvirtualawlibrary
WHEREAS, the government is also concerned with protecting reliable and
competent service and repair enterprises against such malpractices
which undermine their good name and established reputation;chanroblesvirtualawlibrary
WHEREAS, the promotion and development of service and repair
enterprises are effective ways of hastening technological development
and encouraging professionalism to assure the public of reliable,
ethical and competent services comfortable with the standards of
discipline of the new social and economic order;chanroblesvirtualawlibrary
WHEREAS, in order to attain these objectives and purposes there must be
evolved and implemented a program of accreditation of such enterprises.
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:cralaw:red
Section 1. Accreditation. — All enterprises and
technical personnel employed therein engaged in the service and repair
of motor vehicles, heavy equipment, engines and engineering works;
electronics, electrical,rconditioning and refrigeration; office
equipment; medical and dental equipment; and other consumer industrial
electro-mechanical, chemical and gaseous equipment, machinery
appliances or devices, shall apply for accreditation with the
Department of Trade within ninety (90) days from the promulgation of
this Decree and shall apply for renewal on or before the 31st day of
January of every year thereafter. chanroblesvirtualawlibrary
No such service or repair enterprises and technical personnel shall be
licensed or permitted to operate in the Philippines for the first time
without first being accredited by the Department of Trade.
Section 2. Powers and Functions of the Secretary of
Trade. — To develop, maintain and implement a progressive program of
accreditation of all service and repair enterprises and technical
personnel referred to herein, the Secretary of Trade shall have the
following powers and functions:cralaw:red
a. To undertake researches on the conditions,
practices and facilities affecting the operation of enterprise engaged
in the service and repair of motor vehicles, heavy equipment, engines
and engineering works; electronics, electrical,rconditioning and
refrigeration; office equipment; medical and dental equipment; and
other consumer mechanical and industrial electro-mechanical, chemical,
gaseous equipment, appliances or devices in the country;chanroblesvirtualawlibrary
b. To establish, promote, maintain and enforce
ethical, moral and professional standards in the operation and practice
of such service and repair enterprises;chanroblesvirtualawlibrary
c. To undertake researches and prescribe the basic
essential requirements of setting-up, including the management and
operation, of such enterprises and accredit those which have complied
with such requirements; chanroblesvirtualawlibrary
d. To establish measures as may be deemed proper for
the advancement of professionalism and consumerism in such service and
repair enterprises;chanroblesvirtualawlibrary
e. To investigate violations of this Decree and its
implementing rules and for this purpose issue subpoena and subpoena
duces tecum to secure attendance of witnesses and the production of
documents in connection with charges presented to and/or any
investigation pending with the Department of Trade and to impose
penalties, sanctions and such other appropriate measures;chanroblesvirtualawlibrary
f. To collect filing fees and accreditation fees from
such service and repair enterprises, and fees for the commercial
practice of technicians classified according to the National Manpower
and Youth Council classification as follows:cralaw:red
1. Filing fee of Fifty (P50.00) Pesos;chanroblesvirtualawlibrary
2. Accreditation fee of not less than One Hundred
(100.00) Pesos but not more than five hundred (P500.00) Pesos depending
on the classification of the enterprise;chanroblesvirtualawlibrary
3. For technicians not covered by the Professional
Regulation Commission:cralaw:red
1st Class — P50.00
2nd Class — P35.00
3rd Class — P20.00
These rates are subject to change depending on the conditions and
practices obtaining at a given point of time in the service and repair
business. chanroblesvirtualawlibrary
g. To utilize and disburse a portion not to exceed
fifty per cent (50%) of the total income derived from the
implementation of this Decree, for the maintenance and improvement of
facilities, services, organization, equipment outlay and other
resources of the Accreditation Boards under the Office of the Secretary
of Trade in carrying out the accreditation program;chanroblesvirtualawlibrary
An additional amount not exceeding ten per cent (10%) of the total
income shall constitute a special fund for discretionary use of the
Secretary of Trade in the implementation of this Decree;chanroblesvirtualawlibrary
h. To create other accreditation boards, national or
regional in scope, for other consumer and/or industrial,
electro-mechanical, chemical, gaseous equipment and machinery,
appliances or devices and to recommend to the President of the
Philippines the dissolution of such boards including the other boards
created herein when their services are deemed no longer necessary;chanroblesvirtualawlibrary
i. To create appropriate positions exempt from WAPCO
and to appoint the personnel required to fill such positions for the
effective implementation, maintenance and attainment and observance of
the objectives,ms of this Decree and the implementing rules and
regulations, programs and policies;chanroblesvirtualawlibrary
j. To delegate any or part of his power to any
official when the exigencies of the service require to attain thems and
objectives of this Decree; and chanroblesvirtualawlibrary
k. To lay down policies and issue rules and
regulations and programs of actions for the implementation or
compliance with this Decree.
Section 3. Accreditation Boards. — To provide the
Secretary of Trade with technical assistance that may be necessary in
the implementation of this Decree, there are hereby created the
following boards:cralaw:red
a) Accreditation Board for Motor Vehicles, Heavy
Equipment, Engineering Works and Engine Service and Repair Enterprises;chanroblesvirtualawlibrary
b) Accreditation Board for Electronics,
Electrical,rconditioning and Refrigeration Service and Repair
Enterprises;chanroblesvirtualawlibrary
c) Accreditation Board for Office Equipment Service
and Repair Enterprises; and
d) Accreditation Board for Medical and Dental Service
and Repair Enterprises;chanroblesvirtualawlibrary
Section 4. Composition of the Boards. — Each
Accreditation Board shall be composed of not more than eleven nor less
than nine members, including the Secretary of Trade as the Chairman,
and shall be chosen from among the nominees of reputable and recognized
professional and/or technical service and repair association or
societies, respectively, including one representing the consumer to be
appointed by the Secretary of Trade. A Vice Chairman for each Board
shall be designated by the Chairman from among the members. chanroblesvirtualawlibrary
Section 5. Qualification of the Members of the Board.
— No person shall be appointed member or alternate member of any of the
Accreditation Boards unless he is a citizen of the Philippines, of good
moral character and unquestionable integrity and responsibility and, in
the case of members representing the professional and technical groups,
they should be of recognized competence in the field of repairs,
technical servicing, service management and service contracting.
Section 6. Compensation and Tenure of Office of
Members of Accreditation Boards. — The Chairman and the Vice Chairman
of the Accreditation Board shall receive a per diem of not more than
Three Hundred Fifty (P350.00) Pesos and the members not more than Two
Hundred (P200.00) Pesos for every Board meeting actually attended,
which shall not exceed the sum of One Thousand and Fifty (P1,050.00)
Pesos and Six Hundred (P600.00) Pesos, respectively, for any single
month.
Of the members first appointed, three shall serve for one year, three
for two years, and four or the remaining, if the total number of
members appointed shall serve for three (3) years, except that any
person chosen to fill a vacancy shall hold office for the unexpired
term of the member whom he succeeds.
Section 7. Penalties. — A fine of not less than One
Hundred (P100.00) Pesos and not more than Five Thousand (P5,000.00)
Pesos or imprisonment of not less than thirty (30) days and not more
than one (1) year, or both, at the discretion of the court, shall be
imposed for violations of any of the provisions of this Decree and its
implementing rules and regulations; Provided, That if the violation is
committed by a corporation, partnership or an association, the penalty
provided herein shall be imposed upon the director, partners, employees
or persons therein responsible for the offense; and Provided, further,
that if the violation is committed by an alien, he shall be deported
after service of sentence. If the offender is a naturalized Filipino
citizen, he shall be automatically divested of his Filipino citizenship
and, likewise, deported after service of sentence. If the offender is a
government official or employee he shall, in addition to the penalty
herein provided for, suffer the penalty of perpetual and absolute
disqualifications to hold public office. chanroblesvirtualawlibrary
Section 8. Appropriation and Allocation of Funds. —
The amount of One Million (P1,000.000.00) Pesos, out of the funds of
the National Treasury, is hereby appropriated annually to carry out the
intents and purposes of this Decree. This appropriation shall be solely
for the Accreditation Boards in the Office of the Secretary, Department
of Trade, and the Secretary of Trade is empowered to appropriation said
appropriation in accordance with the requirements of each Board.
Additional appropriations may be granted upon justification of the
needs for accreditation by the Secretary of Trade.
Section 9. Repealing Clause. — All laws, decrees,
orders, ordinances, rules and regulations of the Department of Trade or
other government agencies or instrumentalities, with the exception of
those entrusted to the Professional Regulation Commission for
implementation, not consistent with this Decree, are hereby repealed or
amended accordingly.
Section 10. Effectivity. — This Decree shall take
effect upon approval.
Done in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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