PHILIPPINE JURISPRUDENCE US SUPREME COURT JURISPRUDENCE

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PRESIDENTIAL DECREES


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MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 726 June 5, 1975

AUTHORIZING THE NATIONAL GRAINS AUTHORITY TO DETERMINE AND IMPORT EXCLUSIVELY THE ANNUAL WHEAT GRAIN REQUIREMENTS OF THE COUNTRY, AND FOR OTHER PURPOSES

WHEREAS, at present the wheat requirements of the country is determined by private wheat importers, a situation which fosters an unrealistic assessment of the country's needs thereby triggering an increasing trend in the prices of wheat products to the detriment of the people;

WHEREAS, wheat is a good staple substitute which may be utilized in times of acute shortages in rice provided that prices of wheat products are stabilized;

WHEREAS, effective price stabilization at minimum cost requires the coordination of policies on the importation of not only rice and corn but other grains as well, more particularly, wheat.

NOW, THEREFORE, I FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order, and make as part of the law of the land the following:

Section 1. Any provision of law, order or regulation to the contrary notwithstanding, the National Grains Authority (NGA) shall have the authority to determine and import exclusively, from whatever source abroad, the annual wheat grain requirements of the country; Provided, That, the NGA shall include wheat grain in its total grains policy in coordination with the rice and corn policies; and Provided, That, the NGA shall have the authority to negotiate, for and on behalf of the Government of the Republic of the Philippines, the importation of wheat grains on a government-to-government basis; and Provided, Further, That the importation of wheat grains shall be exempted from customs duties, taxes and other charges.

Sec. 2. As soon as the NGA has procured the first importation of sufficient quantities of wheat grains, and determined that it can continue and maintain such importation to meet the annual requirements of the country, it shall accordingly make a formal declaration to that effect by publishing such declaration in a newspaper of general circulation once a week for two consecutive weeks. Effective on the day after the last day of such publication, and except only as to those private importation covered by procurement contracts entered into and perfected prior to the aforesaid day, the importation of wheat grains by private persons or entities shall thenceforth be prohibited. Thereafter, the wheat grain requirements of the private flour millers, as well as other users, shall be secured from the NGA. The NGA shall promulgate the necessary rules and regulations to govern the allocation of wheat grains.

Sec. 3. Any provision of law, decree, order or regulation inconsistent or contrary with the provisions of this decree are hereby repealed or modified accordingly.

Sec. 4. This decree shall take effect immediately.

Done in the City of Manila, this 5th day of June, in the year of Our Lord, nineteen hundred and seventy-five.