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PRESIDENTIAL DECREE NO. 1770
PRESIDENTIAL DECREE NO. 1770
- RECONSTITUTING THE NATIONAL GRAINS AUTHORITY TO THE NATIONAL FOOD
AUTHORITY, BROADENING ITS FUNCTIONS AND POWERS AND FOR OTHER PURPOSES
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WHEREAS, it
is imperative to strengthen National strategy for the integrated growth
and development of the food industry to insure adequate and continuous
supply at reasonable prices;chanroblesvirtualawlibrary
WHEREAS, the functions and powers of the National Grains Authority,
created under P.D. No. 4 as amended by P.D. No. 699 and 1485, are
limited to the grains industry;chanroblesvirtualawlibrary
WHEREAS, integrated growth and development of the entire food industry
requires the expansion of the functions and powers of the National
Grains Authority to cover other basic food commodities.
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested
in me by the constitution, do hereby Order and Decree:cralaw:red
Section 1. Short Title. — This Decree shall be known
as the National Food Authority Act.
Section 2. Declaration of Policy. — It shall be the
declared policy of the State to promote the integrated growth and
development of the food industry so it can adequately function as an
institution conscious of its social responsibilities, capable of
maintaining an adequate and continuous food supply and contributing its
proper share to the economy.
Section 3. National Food Authority. — The National
Grains Authority is hereby transformed into the National Food Authority
which shall be a government corporation attached to the Office of the
President. chanroblesvirtualawlibrary
Section 4. Scope. — As used in this Decree, the term
"Food Industry" shall include, in addition to those enumerated in
Section 2 of Presidential Decree No. 4, as amended, raw/fresh and/or
manufactured/processed/packaged food products.
Section 5. Applicability of Presidential Decree No. 4
as amended by Presidential Decree Nos. 699 and 1485. — Except as
otherwise herein provided, the provisions of Presidential Decree No. 4,
as amended by Presidential Decree Nos. 699 and 1485, shall govern the
National Food Authority and shall be applicable to other food
commodities mentioned in the immediately preceding paragraph as the
National Food Authority Council may determine from time to
time. chanroblesvirtualawlibrary
Section 6. Composition of the National Food Authority
Council. — The Council shall be composed of the following:cralaw:red
The Minister of Human Settlements
The Administrator, National Food Authority
The Minister of Agriculture
The Minister of Finance
The Minister of Industry
The Minister of Trade
The Governor, Central Bank of the Philippines
The Chairman, Development Bank of the Philippines
The President, Philippine National Bank
The President, Land Bank of the Philippines
A Representative of the Office of the President
The Chairman shall be the Minister of Human Settlements and the
Vice-Chairman shall be the Administrator of the National Food
Authority. The Administrator of the National Food Authority shall be
appointed by the President of the Republic of the Philippines.
The Council shall meet regularly at least once a month on any date to
be determined by the Chairman. Provided: That the Chairman may convene
special meetings to discuss urgent matters. The Council Members shall
be entitled to per diem of not less than EIGHT HUNDRED PESOS (P800.00)
for each meeting actually attended by them and such other remuneration
as may be determined by the Council.
The Management of the Authority shall be vested in an Administrator who
shall have the rank of a Minister and shall be assisted by two (2)
Deputy Administrators and as many Assistant Administrators as may be
determined by the Council and whose respective qualifications shall be
the same as those provided for in the said Decree.
The Administrator shall receive a compensation, to be determined by the
Council in accordance with the provisions of pertinent compensation
law.
Section 7. Additional Powers, Functions and
Exemptions. — In addition to the powers, functions and exemptions of
the Authority under P.D. No. 4, as amended, the Authority shall have
the following powers, functions and exemptions:cralaw:red
a. To acquire ownership of, by purchase or otherwise,
and/or to invest in, hold, sell or otherwise dispose of, stocks or
bonds or any interest in either, or any obligation or evidence or
indebtedness of any corporation, public or private, domestic or
foreign, or the bonds or other obligations or evidence of indebtedness
of any person, firm or corporation.
b. To register, license and supervise persons,
natural or juridical, who shall engage or are engaging in the
wholesale, retail, processing, manufacturing, storage, transporting,
packaging, importation, exportation of food products/commodities and
such other related to food activities and to prescribe, impose and
collect fees, charges and/or surcharges, with the approval of the
President of the Philippines upon recommendation of the Council.
c. To import/export or cause the
importation/exportation of food products/commodities and/or raw
materials, equipment and facilities needed in the
manufacture/processing of food commodities as may be determined by the
Council, and as approved by the President of the Philippines.
d. To establish or cause the establishment of
branches or agencies, domestic or foreign, whenever deemed necessary by
the Council.
e. To engage in the production, manufacturing,
processing and/or packaging of food products/commodities as may be
necessary to effectively carry out its functions and as approved by the
President of the Philippines.
f. To establish and or re-structure its own internal
organization and to fix the remunerations, emoluments, allowances and
other fringe benefits of its officers and employees, subject to the
provisions of pertinent compensation law and regulations.
g. To create and establish, a "Provident Fund" which
shall consist of contributions made both by the Authority and its
officers and employees to a common fund for the payment of retirement
and other benefits to such officers and employees or their heirs under
such terms and conditions as the Council may fix. chanroblesvirtualawlibrary
h. The subsidiaries of the Authority and those which
may be subsequently acquired and/or hereinafter created by law and/or
owned/controlled and/or organized by the Authority shall enjoy the tax
exemptions and other privileges and rights of the Authority when
specifically approved by the President of the Philippines.
Section 8. Food Terminal, Inc. — The investments and
loans, as well as related obligations incurred, of the Human
Settlements Development Corporation in the Food Terminal, Inc. shall be
transferred to the Authority, at such valuation as may be approved by
the President of the Philippines upon recommendation of the Commission
on Audit.
The terms of payment for net assets transferred shall be as mutually
agreed upon.
Section 9. Capitalization. — The Authority shall have
an authorized capital stock of five billion pesos, divided into fifty
million shares of par value of one hundred pesos each. These shares
shall be wholly subscribed and paid by the national government, local
government units, or other government owned or controlled
corporations. chanroblesvirtualawlibrary
The accumulated capital stock and surpluses of the National Grains
Authority shall be evaluated and shall be the initial paid in capital
of the Authority. The national government shall make additional equity
investments into the Authority out of funds appropriated in the General
Appropriations Act and other appropriations laws as may be approved by
the President in accordance with the fund requirements of the Authority
and funds availability in the Treasury.
Section 10. Funding. —
a. Official development assistance to the Philippine
government are channeled through the Authority, including foodd, shall
be recorded on the books of the Authority as paid in capital when
received in the form of loans, except where otherwise approved by the
President of the Philippines, in which case they may be recorded as
subsidies to the Authority.
b. Payments made by the national government on loans
drawn by or for the Authority and the National Grains Authority shall
be recorded as payments of equity, except where otherwise approved by
the President in which case may be recorded as subsidies to the
Authority.
c. The national government may subsidize the
operations of the Authority out of funds appropriated in the annual
appropriations Acts, in such amount and at such times as approved by
the President of the Philippines.
d. The funding and organizational provisions in B.P.
No. 80 intended for the national food programs, including those
provided as special financing program seed fund, cooperatives loans,
livelihood projects, in the Ministry of Agriculture, the Ministry of
Natural Resources, the Office of the President, the Ministry of Human
Settlements shall be reviewed by the Council, which shall recommend to
the President the appropriations transfers and realignment of
responsibilities in order to be consistent with the purposes of this
Decree. Appropriations transferred shall form part of the equity
investment into the Authority. These review shall be conducted with the
participation of the Chairman, Presidential Commission on
Reorganization and the Minister of the Budget. chanroblesvirtualawlibrary
e. The Authority is hereby empowered to negotiate
with the government and domestic private lending institutions for
credit facilities at preferential rates.
f. The Central Bank of the Philippines shall
rediscount local procurement and importation of papers of the National
Food Authority under such terms and conditions as may be determined by
the Monetary Board, which shall give preferential treatment as to
interest rate, maturity and loan value.
Section 11. National Government Guarantee. — The
obligations of the Authority shall be guaranteed by the government of
the Philippines upon approval of the President of the Philippines.
Section 12. Rules and Regulations. — The Authority
shall promulgate such rules and regulations as may be necessary to
effectively implement and carry out the provisions of this Decree, such
rules and regulations shall take effect fifteen (15) days following
their publication once in at least one daily newspaper of general
circulation.
Section 13. Repealing Clause. — All laws, orders and
proclamations, rules and regulations, or parts thereof, inconsistent
with the provisions of this Decree are hereby repealed, amended or
modified accordingly.
Section 14. Separability Clause. — If any part,
section or provision of this Decree be held invalid or
unconstitutional, no other part, section or provision thereof shall be
affected thereby.
Section 15. This Decree shall take effect
immediately.
Done in the City of Manila,
Philippines, this 14th day of January in the year of Our Lord, nineteen
hundred and eighty-one.
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