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PRESIDENTIAL DECREE NO. 652
PRESIDENTIAL DECREE NO. 652 -
AMENDING REPUBLIC ACT NO. 3099, CREATING THE BUREAU OF FIBER INSPECTION
SERVICE, APPROPRIATING FUNDS FOR THE PURPOSE AND FOR OTHER PURPOSES
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WHEREAS,
rapid changes in technology the world over have made it imperative to
update the provisions of Republic Act No. 3099, creating the Bureau of
Fiber Inspection Service, so as to maximize the returns of fiber
producers' investments, establish a more equitable distribution of
income and wealth; and impose stricter qualitative and quantitative
control by the government of fibers both for export and for local
consumption; and
WHEREAS, in view of the expanding social amelioration and economic
development programs being undertaken by the government, there is a
pressing need for increasing government revenues through income-earning
agencies and the expansion and rationalization of abaca and other fiber
industries of the country; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
order and decree that Republic Act No. 3099 be so amended as to read as
follows:cralaw:red
Section 1. The Bureau of Fiber Inspection Service is
hereby reconstituted and named, "BUREAU OF FIBER DEVELOPMENT AND
INSPECTION SERVICE" and shall be under the direct supervision of the
Department of Trade.
Section 2. Upon the issuance of this decree, the
Secretary of Trade shall organize the Bureau of Fiber Development and
Inspection Service hereinafter referred to as "Bureau," in accordance
with the reorganization plan to be submitted for approval by the
President. Said Bureau shall have a Director as its head and an
Assistant Director to be appointed by the President, with the
corresponding salaries of Bureau Directors and Assistant Directors.
Section 3. The Bureau shall have its main office in
Manila or suburbs and shall have regional offices within and
appropriate representative offices outside the Philippines as may be
necessary.
Section 4. The Bureau shall have the following
powers and functions:cralaw:red
a) To maintain and enforce a uniform and standard
classification of abaca and other Philippine commercial fibers intended
for export and for local consumption; chanroblesvirtualawlibrary
b) To determine the official standards for the
various commercial fibers that are or may hereafter be produced in the
Philippines for local consumption and for export;chanroblesvirtualawlibrary
c) To classify grading establishments based on the
number of bales pressed per annum;chanroblesvirtualawlibrary
d) To issue grading permits to persons or entities
engaged in the grading and baling of fibers intended for local
consumption or for export, after they shall have proven that they
possess the necessary qualifications to carry on the work. Such
entities shall pay in advance to the Bureau of Fiber Development and
Inspection Service an annual fee as follows:cralaw:red
First Class P5,000.00
Second Class 4,000.00
Third Class 3,000.00
Fourth Class 1,000.00
Those engaged in buying and selling of Philippine commercial fibers,
sorting classifying and bundling of loose Philippine commercial fibers
below the category of fourth class establishments shall pay an annual
fee of P200.00, payable semi-annually. The said classification shall
include planters who buy the share of the tenants from the produce of
their plantations. Cooperatives failing under Presidential Decree 175
and Letter of Implementation 23 are exempt from payment of such fee for
10 years from fate of their organization. chanroblesvirtualawlibrary
Classifiers in duly licensed grading-baling establishments and/or
trading establishments, as well as industrial firms engaged in the
processing of such fibers into semi-finished or finished products shall
pay a minimal fee of Ten Pesos per annum, payable in advance, to the
Bureau.
e) To maintain adequate equipment and facilities for
the accurate determination of color values in fibers, breaking strength
through pull, doubling, abrasion, knotting and other forms of wear and
tear; and to uses for fiber for local manufacturers and home industry
as a means to stabilize the market and insure more adequate returns for
fiber producers;chanroblesvirtualawlibrary
f) To regulate and control grading and baling
establishments;chanroblesvirtualawlibrary
g) To gather and collate data on fiber balings and
shipments by grade, district or production, port of destination and
price to guide producers as to the grades in high demand in the local
and foreign markets; to observe fiber trading and traffic of loose
commercial fibers in the different fiber-producing regions of the
country and prevent misdeclaration of origin of production of the
different kinds of fibers;chanroblesvirtualawlibrary
h) To conduct a systematic and intensive campaigns
towards the improvement of the quality of fibers produced and the
methods of production;chanroblesvirtualawlibrary
i) To make foreign market surveys for the possible
establishment or expansion of export markets;chanroblesvirtualawlibrary
j) To conduct scientific, industrial and economic
research on abaca and other fibers with a view to expanding the
utilization of those fibers for local and foreign uses;chanroblesvirtualawlibrary
k) To undertake other activities necessary or
incidental to the attainment of the purposes and objectives of the
Bureau; and
l) To formulate, subject to the approval of the
Secretary of Trade, rules and regulations in order to carry out its
functions in accordance with this Decree.
Section 5. Grading, Baling and Inspection of Fibers.
— All fibers of which the official standards shall have been
established as hereinabove contemplated, shall be graded, baled,
inspected, approved and certified as provided in this Decree No. fiber
shall be consumed locally or exported from the Philippines in any
quantity without first being graded, baled, inspected and certified as
already stated above. However, in the case of fiber for domestic
utilization, baling may be optional.
Section 6. Inspection of Premises of Grading
Establishment. — The fiber inspector or other person acting under his
authority shall have free access to the grading and baling sheds and to
the warehouses of any grading establishment where the bales are stored
within his jurisdiction to conduct inspection for the purpose of
satisfying himself as to the propriety of the methods used therein. He
shall also see to it that the approved standards are maintained and
renewed within a specific period.
Section 7. Inspection Fees. — There shall be levied
and collected, subject to the approval of the Secretary of Trade,
inspection fees by the Bureau or by authorized agents, an amount not
less than P6 nor more than P50 for each bale of fiber inspected and
stamped, whether approved or rejected. Different rates of inspection
fees may be fixed for other Philippine commercial fibers. Subject to
the approval by the Secretary of Trade, inspection fees may adjusted or
modified at any time by the Director of the Bureau within the limits
fixed in this Section. chanroblesvirtualawlibrary
Section 8. Special Fund. — Inspection fees which the
Bureau is authorized to collect and such other income which may accrue
to it shall constitute a special fund to be called "Fiber Development
and Inspection Fund" which can only be spent pursuant to a special
budget approved by the President as required by Section 7-I(4) of
Commonwealth Act No. 246, as amended: Provided, however, That not more
than forty percent of the appropriation in any fiscal year shall be
spent for personal services, operational expenses, including furniture
and equipment: and Provided, Further, That unexpended balances shall
not revert to the General Fund but shall continue to form part of the
special fund available for reappropriation in the ensuing fiscal year.
Section 9. Penalties. — The Bureau of Fiber
Development and Inspection Service may cause the cancellation of the
grading permit issued to a grading-baling establishment if it has been
found that such establishment has not conducted its grading and baling
operations and accordance with this Decree and the rules and
regulations of the Bureau. The individual responsible for the violation
of any of the provisions of this Decree, or any rules or regulations of
the Bureau, shall be punished by imprisonment for not less than six
years nor more than ten years or by a fine of not less than Five
Thousand Pesos nor more than Fifteen Thousand Pesos, or by both fine
and imprisonment, at the discretion of the Court:cralaw:red
a) Whenever the violation is committed by a
corporation association, partnership, or firms, the penalty shall be
imposed on the president, partner, manager of principal officer thereof.
b) If the offender is a naturalized citizen, he
shall, in addition to the penalty prescribed herein, suffer the penalty
of cancellation of his naturalization certificate and such registration
in the civil registry and immediate deportation after serving
completely his sentence.
c) If the offender is an alien he shall, after
serving completely his sentence, suffer an additional penalty of
immediate deportation.
d) If the offender is a public officer or employee,
he shall in addition to the penalty of imprisonment and fine prescribed
herein, be dismissed from office and perpetually disqualified from
holding a public office.
Section 10. Appropriation. — The sum of two million
pesos, or so much thereof as may be necessary, is appropriated out of
any funds in the National Treasury not otherwise appropriated, to carry
out the purpose of this Decree. Unexpended appropriations as may be
available for transfer from the current appropriation of the Philippine
Bureau of Standards are transferred to the Bureau of Fiber Development
and Inspection Service to carry out likewise the purpose of this
Decree. Thereafter, the sum necessary for said purposes shall be
included in the annual general appropriations Decree.
Section 11. Only such personnel of the Bureau of
Fiber Inspection Service as may be necessary, including all its
pertinent properties, records, assets and liabilities, are hereby
transferred to the Bureau. Personnel who may not be absorbed by the new
agency may retire under existing retirement laws, if qualified;
otherwise, they shall be granted separation pay based on the highest
salary received at the rate of one month's salary for every year of
service rendered, but not to exceed twelve months.
Section 12. Repealing Clause. — All acts, decrees,
executive orders, administrative orders, rules and regulations and
proclamation or parts thereof inconsistent herewith are hereby repealed
or modified accordingly.
Section 13. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 1st day of February, in the year of Our Lord, nineteen hundred and
seventy-five.
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