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PRESIDENTIAL DECREE NO. 461
PRESIDENTIAL DECREE NO. 461 -
REORGANIZING THE DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES INTO
TWO DEPARTMENTS, NAMELY: DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF
NATURAL RESOURCES, AMENDING FOR THIS PURPOSE CHAPTER I, PART VIII OF
THE INTEGRATED REORGANIZATION PLAN
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WHEREAS, it
is a primary objective of the Government to conserve, revitalize and
develop the country's national wealth and manage its utilization for
the continued well-being of present and future generations;chanroblesvirtualawlibrary
WHEREAS, progressively increasing demands for food, agricultural raw
materials, mineral, aquatic, and forest products, are being felt
throughout the world and predicted to intensify in the immediate future;chanroblesvirtualawlibrary
WHEREAS, within the Philippines itself, the demands of a growing
population exert tremendous pressure on the country's existing food and
natural resources;chanroblesvirtualawlibrary
WHEREAS, in the light of growing domestic and world demands for basic
commodities, there is a pressing need to continuously assess the status
of all existing food and natural resources of the Philippines with the
view to maximizing their possible, providing for their replacement;chanroblesvirtualawlibrary
WHEREAS, the development of agriculture and the management of natural
resources involve two separate broad and complex programs which are
presently being planned and implemented by only one organization;
and chanroblesvirtualawlibrary
WHEREAS, the attainment as soon as possible of the national goal of
increased production and self-sufficiency in basic foods and the
completion of an up-dated inventory and assessment of the nation's
natural resources for the purpose of ensuring conservation, optimal
utilization, programmed exploitation and replacement whenever possible,
can best be achieved if these objectives are prosecuted by two separate
departments.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
adopt this amendment to Chapter I, Part VIII of the Integrated
Reorganization Plan as part of the law of the land.
Section 1. Presidential Decree No. 1, dated September
24, 1972, relative to Chapter I, Part VIII of the Integrated
Reorganization Plan is hereby amended by reorganizing the Department of
Agriculture and Natural Resources into two Departments, namely: (a)
Department of Agriculture and (b) Department of Natural Resources.
Section 2. The Department of Agriculture shall be
composed of the Department Proper which shall include the Office of the
Secretary, the Planning Service, the Financial and Computer Service
Center, the Administrative Service, the Computer Service Center, and
the Agrarian Reform Unit. The Bureaus under the supervision and control
of the Department are the (1) Bureau of Soils, (2) Bureau of Plant
Industry, (3) Bureau of Animal Industry, (4) Bureau of Agricultural
Extension, and (5) Bureau of Agricultural Economics. The following
government-owned and controlled corporations are attached to the
Department: (a) National Grains Authority, (b) Philippine Tobacco
Administration, (c) Philippine Virginia Tobacco Administration, (d)
Philippine Coconut Authority, (e) Coconut Investment Company, and (f)
Philippine Cotton Corporation. The Fertilizer Industry Authority,
National Food and Agriculture Council, and the National Meat Inspection
Commission are placed under the administrative supervision of the
Department. The Coconut Consumers Stabilization Committee is attached
to the Department. The Philippine Council of Agricultural Research
shall be attached to the National Science Development Board.
Section 3. The organization and functions of the
Planning Service, the Financial and Management Service, and the
Administrative Service shall be in accordance with Articles III, IV,
and V, Chapter I, Part II of the Integrated Reorganization Plan. chanroblesvirtualawlibrary
Section 4. The Computer Service shall be responsible
for providing the Department and the bureaus under it, including the
corporations and other agencies attached to it with economical,
efficient, and effective services relating to electronic data
processing.
Section 5. The Agrarian Reform Unit shall be
responsible for providing advice and assistance to the Office of the
Secretary in coordinating the work of the Department extension service
and soil surveys and classification with that of the Department of
Agrarian Reform.
Section 6. The organizations and functions of the
Bureau of Animal Industry, Bureau Agricultural Extension, and Bureau of
Agricultural Economics shall be provided in Paragraphs 7 and 8, Article
II and in Article IV, VIII, and IX, respectively, of Chapter I, Part
VIII of the Integrated Reorganization Plan and in Letter of
Implementation No. 9, dated November 1, 1972.
Section 7. There is created a Bureau of Plant
Industry which shall be responsible for conducting research on
agricultural crops; production of improved seeds and plant materials;
protection of agricultural crops from pests and diseases; development
and improvement of farm equipment, structures, and practices, and such
other functions as may be provided by law. The Bureau of Plant Industry
shall have, in addition to a Planning and Management Staff and an
Administrative Division, the following divisions: (a) Laboratory
Services Division, (b) Research Division, (c) Production Division, (d)
Farm Development Division which is renamed Agricultural Engineering
Division, and (e) Crop Protection Division. The functions of these
divisions shall be as provided in Paragraph 2, Article III, Chapter I,
Part VII of the Integrated Reorganization Plan and in Letter of
Implementation No. 9, except that the Laboratory Services Division and
the Research Division shall not have the functions on production of
soil inoculants and soil research, respectively. chanroblesvirtualawlibrary
Section 8. There is created a Bureau of Soils which
shall be responsible for the assessment, development and conservation
of existing and potential soil resources of the Philippines; conducting
research on different aspects of soil utilization, management, and
conservation; and such other functions as may be provided by law. The
Bureau of Soils shall have, in addition to a Planning and Management
Staff and an Administrative Division, the following divisions:cralaw:red
a. Laboratory Services Division which shall be
provide technical supervision in the effective operation and
maintenance of the Bureau's soil laboratories, including the
maintenance of precision laboratory equipment; prescribe standards in
the physical; and/or chemical analysis of soils for researches and
farmlands as the bases for formulation of fertilizer and lime
recommendation and for soil characterization; prepare the program for
the production and distribution of soil inoculants; coordinate with the
Soil Research Division in the study of new and effective methods of
analysis and with Soil Fertility Division in updating soil correlation
values and fertilizer requirements of crops; and perform such other
functions may be provided by law.
b. Soil Conservation Division which shall formulate
policies, standards and measures for soil and water conservation and
utilization; develop a program of field demonstrations on soil and
water land-use program for agriculture areas on the control of soil
erosion, floods, and siltation; exercise technical supervision over all
soil and water conservation stations of the Bureaus; and perform such
other functions as may be provided by law.
c. Soil Fertility Division which shall develop plans
and procedures for field studies and surveys on soil fertility;
prescribe procedures and techniques on the use of fertilizes, soil
amendments and fertility maintenance practices; compile and analyze
results of field fertilizer and fertility maintenance studies for
purposes of preparing and issuing periodic soil fertility status and
fertilizer recommendations for major economic crops; and perform such
other functions be provided by law.
d. Soil Research Division which shall design a
program of researches on soil chemistry, soil physics, soil biology and
mineral nutrition as they relate to agricultural and non-agricultural
application; provide standards and establish criteria for research on
soil utilization, conservation and soil, water, and plant relationship;
exercise technical supervision in the operation of the Bureau's
research stations; maintain liaison with other research institutions in
both government and private sectors, including foreign institutions;
provide technical assistance to other agencies in conducting training
programs on soil research and other related subjects; and perform such
other functions as may be provided by law. chanroblesvirtualawlibrary
e. Soil Surveys Division which shall prepare the
plans and programs on basic soil surveys at all levels of
generalizations throughout the Philippines to provide sufficient soil
resources data needed by the government and the private sector;
interpret basic soil survey data to provide information on land
classification, land capability and land-use; provide standards and
guidelines in the conduct of soil surveys and other related activities,
consolidate, review, and summarize reports on soil surveys for
dissemination: prepare and maintain thematic maps, charts, tables,
photo mosaics, diagrams and other related materials; and perform such
other functions as may be provided by law.
Section 9. The Department of Natural Resources shall
be composed of the Department Proper which shall include the Office of
the Secretary, the Planning Service, the Financial and Management
Service, and the Administrative Service. In addition, there are created
in the Department Proper a Legal Service, Computer Service Unit and an
Agrarian Reform Unit. The bureaus under the supervision and control of
the Department are: (a) Bureau of Forest Development, (b) Bureau of
Lands, (c) Bureau of Fisheries, which is renamed Bureau of Fisheries
and Aquatic Resources, and (d) Bureau of Mines. The following agencies
are attached to the Department: (a) Presidential Committee on Wood
Industries Development, (b) National Committee for Mineral Exploration
and Survey Operations, (c) Fishery Industry Development Council, (d)
Surigao Mineral Reservation Board, (e) Presidential Action Committee on
Land Problems.
The National Committee for Mineral Exploration and Survey Operations is
reconstituted as follows: Secretary of Natural Resources, as Chairman,
Director of Mines, as Vice-Chairman, and representative of the Office
of the Executive Secretary, Budget Commission, Philippiner Force,
Philippine Navy, Bureau of Cost and Geodetic Survey, Bureau of Forest
Development, Bureau of Lands, Bureau of Plant Industry, and Bureau of
Soils, as members. chanroblesvirtualawlibrary
Section 10. The organizations and functions of the
Planning Service, the Financial and Management Service, and the
Administrative Service shall be in accordance with Article III, IV, and
V, Chapter I, Part II of the Integrated Reorganization Plan, except
that the Administrative Service shall not have a Legal Division.
Section 11. The Legal Service shall have the
following functions: Prepare decisions and orders on cases involving
the disposition, utilization, exploitation, and development of public
lands, forest, mines, aquatic resources and other natural resources
brought on appeal from action taken by the bureaus under the
Department, review patents, licenses, concessions, permits, deeds of
conveyance, sales and other transfer of rights, affecting public lands,
mines, forest, aquatic resources and other natural resources initiated
and/or processed by the bureaus under the Department: appear as counsel
for the Secretary, Undersecretary, bureau directors, and other
subordinate employees under the Department in court cases where such
officials or employees are parties thereto in their official capacities
and upon authorization of the Solicitor General; conduct administrative
investigation, including the review of administrative charges against
employees of the Department: and perform such other functions as may be
provided by law.
Section 12. The Agrarian Reform Unit of the
Department shall be responsible for providing the Office of the
Secretary with advise and assistance in coordinating the work of the
Department on land surveys, release of lands of the public domain for
resettlement purposes, and other related activities with that of the
Department of Agrarian Reform.
Section 13. The organizations and functions of the
Bureau of Lands, Bureau of Forest Development, Bureau of Fisheries and
Aquatic Resources, and Bureau of Mines shall be as provided in
Paragraphs 7 and 8, Article II and in Articles V, VI, VII, and X,
respectively, of Chapter I, Part VIII of the Integrated Reorganization
Plan is amended by creating the Petroleum Division which shall be
responsible for the administration and development of the petroleum
resources of the country. The Mineral Resources Development Division is
renamed Mineral Resources Administration which shall be responsible for
the administration of minerals lands.
Section 14. The Regional Offices of the Bureaus of
Soils, the Bureau of Plant Industry, the Bureau of Animal Industry, the
Bureau of Agricultural Extension and those of the Bureau of the Forest
Development, the Bureau of Fisheries and Aquatic Resources, and the
Bureau of Lands shall established in accordance with Article I, Chapter
III, Part II, of the Integrated Reorganization Plan, as amended, and
with the Letter of Implementation No. 9. The Bureau of Mines shall
established its regional offices in accordance with its requirements,
subject to the approval of the President upon the recommendation of the
Secretary of Natural Resources. chanroblesvirtualawlibrary
Section 15. Section 1 of Presidential Decree No. 107,
dated January 24, 1973, is hereby amended by removing the Secretary of
Agriculture and Natural Resources from membership in the National
Economic and Development Authority and providing for the membership in
that body of the Secretary of Natural Resources.
The Secretary of Agriculture shall be ex-officio
(a) Chairman of the Council of the National Grains
Authority; Fertilizer Industry Authority, National Food and Agriculture
Council, National Artificial Rain Stimulating Committee;chanroblesvirtualawlibrary
(b) Vice-Chairman of the Philippine Council for
Agriculture Research and the Board of Directors of the Greater Manila
Terminal Food Market; and
(c) Member of the Metric System Board, Board of
Directors of the Philippine International Trading Corporation, Board of
Trustees of the Tarlac College Technology, National Economic and
Development Authority, Boards of Directors of the National Irrigation
Administration, National Manpower and Youth Council, Price Control
Council, Executive Committee of the National Security Council and the
Agrarian Reform Coordinating Council.
The Secretary of Natural Resources shall be ex-officio.
(a) Chairman of the Petroleum Board, Presidential
Committee on Wood Industries Development, Presidential Action Committee
on Land Problems, National Committee for Mineral Exploration and Survey
Operation, Fishery Industry Development Council and Surigao Mineral
Reservation Board;chanroblesvirtualawlibrary
(b) Co-Chairman of the National Minorities Assistance
Council; and
(c) Member of the Metric System Board, Board of
Directors of the Philippine International Trading Corporation,
Committee to Study the Financing Scheme for Nationwide River Control
and Reforestation Projects, National Economic and Development
Authority, Executive Committee of the National Security Council,
Agrarian Reform Coordinating Council, Philippine Council for
Agricultural Research, Board of Directors of the National Irrigation
Administration and Water Resource Council;chanroblesvirtualawlibrary
Section 16. All provisions of Chapter I, Part VIII of
the Integrated Reorganization Plan and of the Letter of Implementation
No. 9 which are not amended or not inconsistent with the foregoing
provisions shall remain in full force and effect and shall be
correspondingly applied in accordance with the intents and purposes of
this Decree.
Section 17. The functions of the Department of
Agriculture and National Resources pertaining to agricultural
development and those relating to the administration of natural
resources shall be respectively transferred to the Department of
Agriculture and Department of Natural Resources. Such transfer shall
include the corresponding balance of appropriations, records,
equipment, property and such personnel as may be necessary. Additional
funds, if necessary, shall be appropriated from funds in the National
Treasury not otherwise appropriated for personal services in the two
Departments. The appropriations for the Agricultural Guarantee and Loan
Fund and for the procurement and distribution of fertilizers and
certified seeds shall be transferred to the Department of Agriculture.
The transfer of the bureaus to the two Departments shall include their
respective balance of appropriations, records, equipment, property and
personnel. The duly appointed Secretaries of each of the departments
created hereby, shall promulgate the necessary administrative orders
that will provide the implementing details of the provisions of this
Section, and shall be responsible for carrying into immediate effect
the intents and purposes of this Decree.
Section 18. This Decree shall take effect upon its
approval.
Done in the City of Manila,
this 17th day of May, in the year of Our Lord, nineteen hundred and
seventy-four.
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