WHEREAS, it
is the policy of the State to secure the well-being of the people by
providing them specialized health services;chanroblesvirtualawlibrary
WHEREAS, the incidence of heart disease in the country and elsewhere
has become prevalent, causing economic dislocation and curtailing the
enjoyment of normal active and productive life; chanroblesvirtualawlibrary
WHEREAS, it is imperative that specialized medical services should be
provided for those suffering from heart and allied diseases; and
WHEREAS, it is the concern of Government to assist and provide material
and financial support in the establishment and maintenance of a
Philippine Heart Center for Asia, primarily to benefit the people of
the Philippines, and further enhance the noble undertaking of research
in heart and allied diseases, particularly those affecting the people
of Asia; of training of medical and technical personnel therefor; and
of rendering specialized medical services for the prevention and
treatment of heart and allied diseases;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree:cralaw:red
Section 1. Creation of the Philippine Heart Center;
Board of Trustees. — There is hereby created a trust, for the benefit
primarily of the Filipino people, under the name and style of
"Philippine Heart Center for Asia" hereinafter referred to as the
Philippine Heart Center.
The Philippine Heart Center shall be administered by a Board of
Trustees, composed of seven (7) members, to be appointed by the
President of the Philippines. The Director of the Center shall
appointed by the Board of Trustees. chanroblesvirtualawlibrary
The six appointive members of the Board of Trustees shall serve without
compensation for a period of four (4) years and until their successors
shall have been appointed and qualified. Any vacancy in the Board shall
be filled by appointment by the President of the Philippines, and the
appointee shall serve for the unexpired term. The Board of Trustees of
the Philippine Heart Center shall elect a Chairman from among
themselves, who shall be presiding officer of the Board of Trustees.
The Director of the Philippine Heart Center shall serve as
Vice-Chairman of the Board. The Director shall act as the chief
executive officer of the Philippine Heart Center, with authority, among
others, to appoint, remove, and fix the compensation of the personnel
thereof, subject to the approval of the Board of Trustees.
Four (4) members of the Board of Trustees shall constitute a quorum
transact business and any decision of such four members on any matter
duly presented to the Board of Trustees shall constitute a valid and
binding act of the Philippine Heart Center.
Section 2. Government contributions. — The
Government shall constitute the necessary land, building, equipment and
facilities, to the Philippine Heart Center, and shall pay such
obligations for real, personal and mixed properties arising from such
undertaking under a deferred payment arrangement within 5 years, at a
preferred rate of interest.
Section 3. Property of the Center. — The Property of
the Philippine Heart Center shall consist of such real, personal,
mixed, and other type of property, now owned or reserve for, or may
hereafter be given, donated, acquired, transferred or conveyed to, the
Philippine Heart Center by the Philippine Government, its branches and
instrumentalities, any foreign government, as well as by trust,
foundations, corporations, or persons, alien or domestic, in order to
carry out its purposes and objectives as set forth herein.
Section 4. Purposes and objectives. — The purposes
and objectives of the Philippine Heart Center are:cralaw:red
1. To construct, establish, operate and maintain a
heart center for the public welfare, including a specialized heart
hospital;chanroblesvirtualawlibrary
2. To promote, encourage and engage in scientific
research on the prevention of cardio-vascular diseases and the care
and/or treatment of heart patients and related activities, including
sponsorship and conduct of relevant congresses, conventions, seminars,
and conferences;chanroblesvirtualawlibrary
3. To stimulate and/or underwrite scientific
researches on the biological,, demographic, social, economic, eugenic,
physiological aspects of cardio-vascular disorders and abnormalities
and their control; and gather, compile, and publish the findings of
such researches for public dissemination;chanroblesvirtualawlibrary
4. To facilitate and encourage the dissemination and
exchange of ideas and information on the prevention, treatment and
control of heart diseases, to arouse, enhance and develop public
interest on heart consciousness or awareness, general health and
physical fitness, especially on human cardio-vascular requirements and
other relevant or related fields;chanroblesvirtualawlibrary
5. To encourage and/or undertake the training of
physicians, nurses, medical technicians, health officers and social
workers on the practical and scientific conduct and implementation of
cardiac services, and related activities;chanroblesvirtualawlibrary
6. To assist universities, hospitals and research
institutions in their studies of cardio-vascular anomalies, to
encourage advanced training on matters of, or affecting the heart, and
related fields and to support educational programs of value to general
health;chanroblesvirtualawlibrary
7. To encourage the formation of other organization
on the national, provincial, city, municipal or barangay level and to
coordinate their various efforts and activities for the purpose of
achieving a more effective programmatic approach on the common problems
relative to the objectives herein enumerated; and
8. To extend medical and cardiological services to
the general public, to help prevent, relieve or alleviate the
innumerable cardio-vascular afflictions and maladies of the people
specially the poor and less fortunate in life, without regard to race,
creed, color or political belief.
Section 5. Powers. — For the attainment and/or
furtherance of the above purposes and objectives, the Philippine Heart
Center, as a body corporate, acting through its Board of Trustees,
shall have all the powers pertaining to a juridical person, and is
therefore authorized, among other things:cralaw:red
1. To acquire and hold in any property of whatever
nature or description, and to dispose of such property under any mode
of encumbrance or conveyance;chanroblesvirtualawlibrary
2. To contract and be contracted with;chanroblesvirtualawlibrary
3. To mortgage, lease, sell, transfer, convey or
otherwise dispose of its properties;chanroblesvirtualawlibrary
4. To solicit and receive donations, endowments and
funds in the form of contributions, whether in cash or in kind, from
both the public and private sectors;chanroblesvirtualawlibrary
5. To open such accounts in banks and other
financial institutions, and to disburse such funds or invest the same
as the Board may direct to accomplish or advance the purposes or
interest of the Philippine Heart Center;chanroblesvirtualawlibrary
6. To invite foreign heart specialists and similar
experts in the various medical fields to train the personnel or
trainees or residents of the Philippine Heart Center; chanroblesvirtualawlibrary
7. To send the personnel of the Philippine Heart
Center to research institutes, medical institutes or universities for
advance training or observation and to attend international or regional
conventions, conferences, congresses, seminars as the Board may deem
necessary to accomplish the purposes and objectives of the Philippine
Heart Center;chanroblesvirtualawlibrary
8. To adopt a set of by-laws, rules and regulations
not inconsistent with law and the provisions hereof to govern the
administration and operation of the affairs of the Philippine Heart
Center; and
9. To do all such other acts and things as are or
may be necessary or incidental for the accomplishment of the purposes
and objectives of the Philippine Heart Center.
Section 6. Tax exemptions, etc. — All donations,
contributions or endowments which may be made by entities or persons to
the Philippine Heart Center shall be exempt from income and gift taxes,
and the same shall be further deductible in full for purposes of
computing the maximum amount deductible under Section 30, paragraph
(h), of the National Internal Revenue Code, as amended.
The Philippine Heart Center shall be exempt from the payment of all
taxes, charges and fees imposed by the Government or any political
subdivision or instrumentality thereof for a period of ten years.
All income earned by foreign doctors who shall use the facilities of
the Center shall be tax exempt for a period of ten years from the date
of issuance hereof.
Section 7. Assistance from government offices, etc.
— The Philippine Heart Center may call upon any department, bureau,
office, agency or instrumentality of the Government, including
government-owned or controlled corporations, for such assistance as it
may need in the pursuit of its purposes and objectives.
All individuals, entities and institutions are hereby enjoined to
render full assistance and corporation to the Philippine Heart Center
in the accomplishment of its objectives and activities.
Section 8. Government contribution. — The amount of
P10,000,000 is hereby appropriated as contributions of the National
Government for the initial operations and maintenance of the Philippine
Heart Center. Thereafter, the necessary amount to support the continued
operation and maintenance of the Philippine Heart Center shall be
appropriated and released, subject to the approval of the President of
the Philippines.
Section 9. Auditing. — The books and accounts of the
Philippine Heart Center shall be subject to periodic auditing by the
Chairman of the Commission on Audit, or his duly authorized
representative.
Section 10. Annual report. — The Philippine Heart
Center shall render to the President of the Philippines an annual
report of its activities and recommendations. chanroblesvirtualawlibrary
Section 11. Effect of dissolution of the Center. —
If, for any reason, the Philippine Heart Center is dissolved, its
property remaining at the time of such dissolution shall revert to the
Philippine Government for disposition in accordance with law.
Section 12. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 19th day of March, in the year of Our Lord, nineteen hundred and
seventy-five.
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