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PRESIDENTIAL DECREE NO. 205
PRESIDENTIAL DECREE NO. 205 -
CREATING AND ESTABLISHING THE DEVELOPMENT ACADEMY OF THE PHILIPPINES,
DEFINING ITS POWERS, FUNCTIONS, AND RESPONSIBILITIES, AND FOR OTHER
PURPOSES
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WHEREAS, on
May 11, 1973, the Central Bank of the Philippines, the National
Economic And Development Authority, the Development Bank of the
Philippines, the Government Service Insurance System, the Social
Security System, and the Philippine National Bank, as developmental
instrumentalities of the government dedicated to the promotion of
wealth and welfare in the New Society, have entered into a memorandum
agreement to establish, as their joint project, the Development Academy
of the Philippines; chanroblesvirtualawlibrary
WHEREAS, the Development Academy of the Philippines was conceived by
the said founding institutions for the purpose of promoting and
supporting the developmental efforts of the country by carrying out
human resource development programs designed to instill development
perspectives and advance management capability in the leadership of key
sectors of the government and the economy, as well as research,
analysis, and publications programs of depth and quality to service the
requirements of development planning, management, and implementation at
both the macro and project levels;chanroblesvirtualawlibrary
WHEREAS, in order to effectively fulfill its purposes, it is imperative
that the Development Academy of the Philippine be endowed with
juridical status and conferred with certain privileges, to the end that
its activities be undertaken with greater vigor, resources and
direction;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution of the
Philippines, and pursuant to Proclamation No. 1081 dated September 21,
1972 and General Order No. 1 dated September 22, 1972, do hereby create
and establish a body corporate to be known as the Development Academy
of the Philippines, which shall operate in accordance with the
following provisions:cralaw:red
Section 1. Purposes. — The purpose of the Academy
are:cralaw:red
(a) To foster and support the developmental forces at
work in the nation's economy through selective human resource
development programs, research, data-collection, and information
services, to the end that optimization of wealth may be achieved in a
manner congruent with the maximization of public security and welfare;chanroblesvirtualawlibrary
(b) In line with the foregoing objective, to promote,
carry on and conduct scientific, interdisciplinary, and policy-oriented
research, education, training, consultancy, and publication in the
broad fields of economics, public administration, and the political and
social sciences generally, involving the study, determination,
interpretation and publication of economic, political and social facts
and principles bearing upon development problems of local, national or
international significance;chanroblesvirtualawlibrary
(c) To discharge a regional role in initiating and
catalyzing exchange of ideas and expertise on development activities in
the region of Asian and the Far East.
Section 2. Corporate Powers. — To fulfill its
purposes, the Academy shall have the following powers:cralaw:red
(a) To adopt, alter and use a corporate seal;chanroblesvirtualawlibrary
(b) To take and hold by bequest, devise, gift,
purchase, or lease, either absolutely or in trust for any of its
purposes, any property, real or personal, without limitation as to
amount or value; to convey such property and to invest and reinvest any
principal, and deal with and expend the income and principal of the
said Academy in such manner as will promote its objects;chanroblesvirtualawlibrary
(c) To collect, receive and maintain a fund or funds,
by subscription or otherwise, and to apply the income and principal
thereof to the promotion of itsms and purposes hereinbefore set out;chanroblesvirtualawlibrary
(d) To contract any obligation, or enter into any
agreement necessary or incidental to the proper management of its
corporate powers; chanroblesvirtualawlibrary
In general, to carry on any activity and to have and exercise all of
the powers conferred by the laws upon private or government-owned or
controlled corporations; and to do any and all of the acts and things
herein set forth to the same extent as juridical persons could do, and
in any part of the world, as principal, factor, agent or otherwise,
alone or in syndicate or otherwise in conjunction with any person,
entity, partnership; association or corporation, domestic or foreign.
Section 3. Domicile. — The principal office of the
Academy shall be established at Tagaytay City. The Academy may also
have branches or offices at such other place or places, within or
without the Philippines, as the operations and activities of the
Academy may require.
Section 4. Board of Trustees. — The governance and
policy direction of the Academy shall be vested in, its powers
exercised by, a Board of Trustees, which shall be composed of fifteen
members, as follows:cralaw:red
(a) The Secretary of Finance
(b) The Executive Secretary
(c) The Secretary of National Defense
(d) The Director-General of the National Economic and
Development Authority
(e) The Governor of the Central Bank of the
Philippines
(f) The Chairman of the Board of Governors of the
Development Bank of the Philippines chanroblesvirtualawlibrary
(g) The General Manager of the Government Service
Insurance System
(h) The Administrator of the Social Security System
(i) The President of the Philippine National Bank
(j) One member, to be appointed for a term of two
years by the aforenamed Trustees, who shall be a Muslim Filipino of
national prominence.
(k) The President of the Academy.
The Trustees shall not receive any compensation or remuneration for
their services as such, but they may be reimbursed for actual expenses
incurred in discharging the business of the Academy. chanroblesvirtualawlibrary
Section 5. Responsibilities of the Board. — In the
exercise of the powers granted to it under this Act, the Board of
Trustees shall:cralaw:red
(a) Prepare and adopt such rules and regulations as
it considers necessary for the effective discharge of its
responsibilities;chanroblesvirtualawlibrary
(b) Authorize the fields of human resource
development, investigation and major studies to which the available
funds are allocated, without determining, controlling or influencing
the methodology of particular investigations or the conclusions
reached;chanroblesvirtualawlibrary
(c) Constitute the Executive Committee, as
hereinafter defined;chanroblesvirtualawlibrary
(d) Appoint the President, and one or more
Vice-Presidents to assist the President, in the administration of the
affairs of the Academy;chanroblesvirtualawlibrary
(e) To review periodically the administration and the
programs of the Academy. chanroblesvirtualawlibrary
Section 6. Executive Committee. —
There shall be an Executive Committee consisting of the President of
the Academy and not fewer than three nor more than five other members
to be elected by the Board of Trustees from the membership of the
Board. Members of the Executive Committee, other than the President of
the Academy, shall hold office for terms of two years, unless at the
time of election a shorter term is specified, and shall be eligible for
re-election. The Board shall elect the Chairman of the Executive
Committee from the membership of the Committee. chanroblesvirtualawlibrary
Section 7. Functions of the Executive Committee. —
The Executive Committee shall administer the affairs of the Academy in
accordance with such functions, powers and responsibilities as may be
delegated by the Board of Trustees. In the exercise of such delegated
functions, powers of the Board, excepting the power to fill a vacancy
on the Board and to amend the rules and regulations of the Academy.
Section 8. President of the Academy. —
The President of the Academy shall be its chief executive officer, who
shall be appointed by the Board of Trustees, and receive such
compensation and remuneration to be fixed by the Board. His powers and
duties are:cralaw:red
(a) To submit for the consideration of the Board of
Trustees and the Executive Committee the policies and measures which he
believes to be necessary to carry out the purposes of the Academy;chanroblesvirtualawlibrary
(b) To recommend, coordinate and administer the
programs and projects of the Academy;chanroblesvirtualawlibrary
(c) To direct and supervise the operations and
internal administration of the Academy, and to delegate administrative
responsibilities in accordance with the rules and regulations of the
Academy;chanroblesvirtualawlibrary
(d) To submit an annual report to the Board of
Trustees setting forth the work of the Academy during the year, its
financial operations and status, and a program and budget for the
ensuing year; and
(e) To exercise such other powers and to discharge
such other functions as may be vested in him by the Board of Trustees
and The Executive Committee. chanroblesvirtualawlibrary
Section 9. Financial Support. —
Until such time as the Academy shall be financially self-sufficient,
its operations shall be financed through the contributions of the
founding institution, parties to the memorandum agreement dated May 11,
1973. A Development Academy of the Philippines Endowment Fund shall be
created for the purpose of attaining self-support capability for the
Academy, on the basis of contributions, investments, and other income
accruing to the Academy and its operations, and with the view of
terminating the need for annual contributions from the parties to the
said memorandum agreement. The endowment fund shall be administered as
a trust with the Board of Trustees of the Academy as trustee thereof,
provided that the principal of said endowment fund shall not be subject
to impairment, and provided furthermore that only the earnings thereof
shall be available for expenditure. For this purpose the founding
institutions are hereby authorized to make contributions in the form of
investments to the endowment fund, at the rate of three million pesos
(P3,000,000) each in June 1973 and four and one-half million pesos
(P4,500,000) in June 1975, provisions of their respective charters to
the contrary notwithstanding.
Section 10. Expenditures and Disbursements. —
Expenditures and disbursement made by the Academy in the conduct of its
affairs shall not be subject the procurement requirements and
restrictions imposed by existing law upon government agencies,
instrumentalities and government-owned or controlled
corporations. chanroblesvirtualawlibrary
Section 11. Staff Appointments. —
Any provision of law to the contrary notwithstanding, appointments to
the administrative or research staff of the Academy may be on a
part-time basis, and shall be exempt from the requirements and
restrictions of the Civil Service Law, Laws, rules and regulations on
position-classification and salary standardization and Section Two
hundred fifty-nine of the Revised Administrative Code: Provided, That
any government retiree employed in the Academy shall not be required to
reimburse or refund any gratuity received from the government nor shall
any pension or annuity to which he is entitled be suspended or reduced
on account of his employment in the Academy.
Section 12. Exemption from Taxes. —
Any provision of existing laws to the contrary notwithstanding, any
donation, contribution, bequest, subsidy or financiald which may be
made to the Academy shall be exempt from taxes of any kind, and shall
constitute allowable deductions in full from the income of the donors
or givers for income tax purposes. chanroblesvirtualawlibrary
The Academy, its assets, acquisitions, income, and its operations and
transactions shall be exempt 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 subdivision or
taxing authority thereof, except import taxes, duties and fees.
Section 13. Disposition of Assets upon Dissolution. —
In the event of dissolution of the Academy, its remaining assets, after
return of the principal of the endowment fund to the contributing
founding institutions, and payment of other liabilities, shall be
disposed of and turned over to any foundation or institutions dedicated
to the same or similar pursuits as the Academy, or to the Republic of
the Philippines or any of its agencies or instrumentalities, as the
Board of Trustees may determine.
Section 14. Transfer of Functions, Properties and
Appropriations of the Productivity and Development Center. —chanroblesvirtualawlibrary
All the functions vested in and conferred upon the Productivity and
Development Center of the National Economic Development Authority, as
well as all assets, funds and properties belonging to it, including its
budgetary appropriations, are hereby transferred to the Academy, which
shall execute, administer, dispose of and handle such functions,
assets, properties and appropriations in accordance with the provisions
of this decree. chanroblesvirtualawlibrary
Done in the City of Manila,
this 6th day of June, in the year of Our Lord, nineteen hundred and
seventy-three.
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