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PRESIDENTIAL DECREE NO. 1765
PRESIDENTIAL DECREE NO. 1765
- ENLARGING THE POWERS AND PURPOSES OF THE METALS INDUSTRY RESEARCH AND
DEVELOPMENT CENTER; FURTHER RECONSTITUTING ITS BOARD OF TRUSTEES, AND
FOR OTHER PURPOSES
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WHEREAS,
the Metals Industry Research and Development Center (MIRDC) was created
by Republic Act No. 4724 as amended by Republic Act No. 6428 to develop
and expand the metals industry, by providing both the government and
the private sector with professional management and technical expertise
on such vital activities as training of engineers and technicians,
information exchange, trade accreditation service, quality control and
testing of metal products, research and business economics advisory
services;chanroblesvirtualawlibrary
WHEREAS, Executive Order No. 602 dated July 10, 1980 transferred the
MIRDC to the Ministry of Industry to reorient its program thrust from
research and development to direct assistance to the metals industry;chanroblesvirtualawlibrary
WHEREAS, to achieve the above-cited purposes and the reorientation of
its program thrust as enunciated in the above-mentioned Executive
Order, there is a need to accelerate MIRDC's facilities for testing and
inspection tod in the establishment, review and enforcement of quality
standards;chanroblesvirtualawlibrary
WHEREAS, in order that the purposes and objectives of the MIRDC can be
effectively and satisfactorily attained, it is necessary to enlarge its
purposes and powers and define its operation and structural
organization.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree as part of the law of the land, the following: chanroblesvirtualawlibrary
Section 1. The Center shall, thru the availment of
its existing personnel, expertise and facilities for testing and
inspection assist the Ministry of Industry in the establishment, review
and enforcement of quality standards provided in P.D. 1520, including
safety and performance tests of the metals industry as defined in
Section 2 of Republic Act No. 4724 as amended by Republic Act No. 6428.
Section 2. To enable the Center to effectively
fulfill the above cited function and pursuant to other objectives
expressly declared in its statutes, it shall:cralaw:red
(1) Assist in the organization, maintenance and
operation of product testing facilities, whether organized as a
separate foundation or not, to carry out the activities of the Center
related to review and enforcement of quality standards thru testing and
inspection of manufactured metal products, machineries, equipment,
appliances, and their accessories and parts.
(2) Obtain funds from government or private sources
in the Philippines or elsewhere or from international public or private
lending institutions, to support or carry out its purposes and/or to
arrange financing of equipment or other credit facilities, or secure
any kind of assistance for its own account or for the account of its
clients in such manner and under such terms as the Board of Trustees of
the Center may redeem reasonable.
(3) Apply for, register, purchase or otherwise
acquire, use, protect and renew any patents, patent rights, licenses,
concessions, trademarks, tradenames, inventions, formulas and processes
used or capable of being used in connection with any of the
functions/activities of the Center, the acquisition of which may
directly or indirectly benefit the Center and to use, exercise,
develop, sell, assign, or otherwise dispose of, or grant licenses in
respect of the property, rights, trademarks, or other information so
acquired, and to disburse money in experimenting upon, testing and
improving any patents, inventions or rights which the Center may
acquire or propose to acquire. chanroblesvirtualawlibrary
(4) Organize, manage and operate subsidiaries, stock
or non-stock, solely or in joint venture with the private sector, to
undertake any of the activities of the Center as authorized by its
Charter and this Decree. Provided, that the subsidiaries of the MIRDC,
created and registered with the Securities and Exchange Commission
shall be entitled to all the incentives and privileges granted by law
to private enterprises engaged in business activities.
(5) Secure its own obligations and those incurred by
its subsidiaries.
(6) Contract loans, issue bonds and other obligations
as security therefor, and for property purchased or acquired by it, or
for any object in or about its business.
(7) Compromise, remit or condone claims arising from
contract expressed or implied, or from any other source.
(8) Invest its Corporate Fund, as it may deem proper
and necessary.
Section 3. The Board of Trustees of the Center is
hereby reconstituted and shall be composed of the Minister of Industry
as Chairman, and a representative each from the Board of Investments,
the National Science Development Board, the Ministry of Natural
Resources, the National Economic and Development Authority, the Metals
Industry Research and Development Center and three representatives from
the metals, engineering and allied industries sub-sector to be
appointed by the Minister of Industry as members.
The Chairman shall likewise appoint a Vice-Chairman from among the
members. The appointive members from the private sector shall serve as
follows or until their successors shall have been appointed and
qualified: one shall serve for three (3) years, one for two (2) years
and one for one (1) year, respectively.
Section 4. The Chairman of the Board of Trustees
shall appoint, with the approval of the Board, the Executive Director
of the Center.
Section 5. The Board is hereby authorized to
reorganize the internal structure of the Center and to determine the
compensation and allowances of its officers and personnel, taking into
account the need to attract highly technical men.
Section 6. For services rendered to its clients, the
Center is empowered to charge reasonable fees which together with any
contributions received by it, shall be used for its operations.
Section 7. Any income, fees donations or
contributions received by the Center from the private sector shall form
part of its Corporate Fund and the unexpended balance of such receipts
at the end of fiscal year shall not revert to the General Fund.
Section 8. The Commission on Audit shall appoint the
Auditor of the Center. The Auditors of the subsidiaries of the Center
and any foundation organized by it and under its supervision, shall be
appointed by their respective Boards of Directors or Trustees.
Section 9. Pursuant to Section 2 hereof, the Center
shall set up a foundation, entitled MIRDC Testing Foundation of the
Philippines, which shall be registered with the Securities and Exchange
Commission as non-stock, non-profit foundation and which shall have the
following powers: chanroblesvirtualawlibrary
(1) To operate product testing facilities as are
necessary and desirable for the purpose of product testing or
manufactured products which are vital to the economy and charge
reasonable fees therefor;chanroblesvirtualawlibrary
(2) To receive donations and contributions from the
private sector; chanroblesvirtualawlibrary
(3) To adopt and establish an independent system for
the procurement of supplies, materials or equipment, produced or
manufactured locally elsewhere, and for the contracting of services,
which shall not be subject to further approval by any other government
office or committees;chanroblesvirtualawlibrary
(4) Grant honoraria, allowances and other emoluments
to employees detailed to the Foundation from other offices on full or
part time basis when deemed desirable; and
(5) The Foundation shall use the MIRDC facilities,
expertise and personnel to carry out the purposes of the Foundation.
Any donations or contributions to the Foundation shall be considered as
deduction deductible in full from the taxable income of the donor.
The Foundation, its assets, acquisitions, and its operations and
transactions shall be exempted from any and all taxes, fees, charges,
imposts, licenses and assessments, direct or indirect, imposed by the
Republic of the Philippines or any of its political subdivisions of
taxing authority thereof.
Section 10. All laws, decrees, administrative orders,
proclamations, rules and regulations or parts thereof, which are
inconsistent with any of the provisions of the Decree are hereby
repealed, amended or modified accordingly. chanroblesvirtualawlibrary
Section 11. If any provision of this Decree shall be
held invalid, the remainder shall not be affected thereby.
Section 12. This Decree shall take effect
immediately.
Done in the City of Manila,
this 11th day of January, in the year of Our Lord, nineteen hundred and
eighty-one.
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