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PRESIDENTIAL DECREE NO. 285
PRESIDENTIAL DECREE NO. 285
- AUTHORIZING THE COMPULSORY LICENSING OR REPRINTING OF EDUCATIONAL,
SCIENTIFIC OR CULTURAL BOOKS AND MATERIALS AS A TEMPORARY OR EMERGENCY
MEASURE WHENEVER THE PRICES THEREOF BECOME SO EXORBITANT AS TO BE
DETRIMENTAL TO THE NATIONAL INTEREST
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chanroblesvirtualawlibrary
WHEREAS,
the spiralling of prices of educational, scientific or cultural books
and materials has reached very serious proportion;chanroblesvirtualawlibrary
WHEREAS, it is in the national interest that such books and materials
be made available to everybody at the least cost; and chanroblesvirtualawlibrary
WHEREAS, this can be achieved by the compulsory licensing and
reprinting of both domestic and foreign educational, scientific or
cultural books and materials, as a temporary or emergency measure,
whenever their prices become exorbitant;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081 dated September 21, 1972, and General
Order No. 1 dated September 22, 1972, do hereby order and decree as
follows:cralaw:red
Section 1. Whenever the price of any educational,
scientific or cultural book, pamphlet and other written materials,
whether of domestic or foreign origin, has become so exorbitant as to
be detrimental to the national interest, as determined and declared by
a committee composed of the Secretary of Education and Culture, such
book, pamphlet or written material may be reprinted by the Government
or by any private printer or printers for a limited period and only for
the purpose of making the same available to the people at reasonable
cost.
Section 2. The reprinted books, pamphlets and
materials shall bear proper acknowledgment of the source, authorship,
copyright proprietors and past printers, if known, as well as the names
and addresses of the reprinter or reprinters. If abbreviated or edited
in any manner, such fact shall be stated be stated. The following
inscription shall also appear on the covers thereof: "Export of this
Book or material from the Philippines is punishable by law." The export
of such reprints under any circumstance is hereby
prohibited. chanroblesvirtualawlibrary
Section 3. The reprinting of the above books,
pamphlets and materials shall be subject to the condition that the
reprinter shall pay, in local currency, a royalty of three per centum
(3%) of the gross selling price, if so demanded by the authors,
publishers or copyright proprietors concerned, whoever is legally
entitled thereto: Provided, That in the case of non-resident authors,
publishers or copyright proprietors, the payment of the royalties shall
be made only to them personally in the Philippines or their respective
representative or branch offices in the Philippines.
Section 4. Any person, natural or judicial, who shall
violate the provisions of this Decree shall, upon conviction thereof,
be punished by imprisonment of not less than Five Thousand Pesos nor
more than two Ten Thousand Pesos. If the violation is committed by a
firm, company or corporation, the manager or person in charge of the
management of the business thereof shall be responsible thereof. Books
and materials printed or published or exported in violation of this
Decree shall be immediately confiscated and the establishment that
printed or published or exported them shall forthwith be closed and its
operation discontinued. chanroblesvirtualawlibrary
Section 5. The Committee herein named shall
promulgate rules and regulations for the implementation of this Degree.
Section 6. This Decree shall take effect immediately,
the provisions of any law, decree, executive order, treaty or executive
agreement to the contrary notwithstanding.
Done in the City of Manila,
this 3rd day of September, in the year of Our Lord, nineteen hundred
and seventy-three.
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