WHEREAS, there were pending before Congress
prior to the promulgation of Proclamation No. 1081, dated September 21,
1972, certain priority measures vital to the national development
program of the government, and which were duly certified by the
President as urgent measures;chanroblesvirtualawlibrary
WHEREAS, one of these priority measures is the "Atmospheric,
Geophysical and Astronomical Science Act of 1972, S. No. 940,
establishing the Philippine Atmospheric Geophysical, and Astronomical
Services Administration", introduced in the Senate;chanroblesvirtualawlibrary
WHEREAS, the "Atmospheric, Geophysical and Astronomical Science Act of
1972" is necessary for the successful prosecution of the Government's
program to mitigate or reduce the losses of life, property, and the
economy of the nation occasioned by typhoons, floods, drought, and
other destructive weather disturbances;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, Commander-in-Chief of all the
Armed Forces of the Philippines, and pursuant to Proclamation No. 1081
dated September 21, 1972, as amended, in order to achieve the
Government's avowed objective of providing environmental protection and
utilizing scientific knowledge as an effective instrument to ensure the
safety, well-being, and economic security of all the people, and for
the promotion of national progress, do hereby order and decree that the
"Atmospheric, Geophysical and Astronomical Science Act of 1971", as
follows, with some modifications, shall be as it is hereby adopted,
approved and made part of the law of the land: chanroblesvirtualawlibrary
Section 1. Title. — This Act shall be known and cited
as the "Atmospheric, Geophysical and Astronomical Science Act of 1972."
Section 2. Declaration of Policy. — It is hereby
declared to be the policy of the State to provide protection against
natural calamities and utilize scientific knowledge as an effective
instrument to insure the safety, well-being, and economic security of
all the people, and for promotion of national
progress. chanroblesvirtualawlibrary
In the implementation of the foregoing policy, the government shall in
accordance with the provisions of this Act:cralaw:red
(a) Intensify research efforts in the atmospheric,
geophysical and astronomical sciences and furnish incentives for same;chanroblesvirtualawlibrary
(b) Undertake measures to further minimize the
adverse effects of natural disasters such as typhoons, floods,
earthquakes, and tsunami (seismic sea wave);chanroblesvirtualawlibrary
(c) Recommend progressive innovations in the
educational system of the country in order to infuse greater awareness
of the growing needs for protection against natural calamities so that
said system will provide a steady source of competent scientific
personnel and technological manpower; chanroblesvirtualawlibrary
(d) Facilitate the acquisition, collection,
archiving, and processing of atmospheric, geophysical and astronomical
data and making same available in usable form for the benefit of
agriculture, commerce and industry, and the general public;chanroblesvirtualawlibrary
(e) Promote coordination and cooperation in
atmospheric, geophysical and astronomical science research, to obtain
consolidated effort and minimize duplication thereby optimizing
results;chanroblesvirtualawlibrary
(f) Establish weather stations in strategic places
throughout the country including Batanes, Camarines Norte, Camarines
Sur, Albay, Sorsogon, Samar and Romblon.
Section 3. Philippine Atmospheric, Geophysical and
Astronomical Services: Powers, Duties and Functions. — To carry out the
provisions of the preceding section, there is hereby created a
Philippine Atmospheric, Geophysical and Astronomical Services
Administration, herein referred to as "PAGASA" which shall be under the
Department of National Defense, with the following functions, powers
and duties, among others:cralaw:red
(a) To observe and report the weather of the
Philippines and specified adjacent areas, issue forecasts and warnings
of weather and flood conditions affecting national safety, welfare and
economy;chanroblesvirtualawlibrary
(b) To undertake in coordination with other agencies,
activities geared towards the moderation of typhoons availing of modern
scientific and technological advances in order to reduce their
destructive potentials while retaining their beneficial effects and
also to undertake other weather modification projects;chanroblesvirtualawlibrary
(c) To conduct continuous earthquake recording and
observation through an adequate seismological network throughout the
country to gather as much information as may be necessary to provide
basis for determination of safety factors in the design of building
structures and infrastructures and also to serve as contributions to
researches leading to earthquake prediction; issue advisories and
precautionary measures to areas affected by strong earthquake for the
welfare of the people thereat;chanroblesvirtualawlibrary
(d) To coordinate with international organizations in
tsunami (seismic sea wave) and typhoon warning dissemination
particularly to the coastal regions of the Philippines bound to be
affected; chanroblesvirtualawlibrary
(e) To provide and disseminate the precise standard
time of the Philippines; to maintain and operate an adequate satellite
tracking and monitoring system especially for weather surveillance and
for other astronomical information; to observe, analyze and interpret
varied astronomical phenomena and collate observational data for
publication and exchange with foreign observatories;chanroblesvirtualawlibrary
(f) To provide for an adequate communications system
for efficient reception and transmission of meteorological, seismic and
astronomical reports or information to and from field stations
throughout the country and to provide the same for an efficient
international communication system for exchange of weather information
with other countries are reported from land, sea and air; chanroblesvirtualawlibrary
(g) To coordinate with other national agencies in
pre-disaster and community preparedness planning to minimize losses to
lives and property due to natural disasters such as typhoons, floods,
earthquakes, and tsunami;chanroblesvirtualawlibrary
(h) To collect, process, archive, publish,
disseminate atmospheric, geophysical and astronomical data for use by
agriculture, commerce, industry, the scientific and engineering
community, and the general public; and coordinate national activities
in meteorological, geophysical and astronomical data problems with the
world scientific organizations;chanroblesvirtualawlibrary
(i) To conduct fundamental and applied research and
investigations and experiments needed to achieve advances in applied
meteorological, geophysical and astronomical fields in cooperation with
the University of the Philippines and other science agencies; and
provide the training facilities to meet the country's need for
meteorological, geophysical and astronomical personnel; and chanroblesvirtualawlibrary
(j) To accept donations in the form of equipment,
scholarship awards, sites for stations, buildings, etc., from local
and/or foreign sources to promote the objectives of the PAGASA.
Section 4. Major Organizational Units; Powers,
Duties, and Functions. — The PAGASA shall be composed of the following
major organizational units: National Weather Service, National
Atmospheric, Geophysical and Astronomical Information Service, and
National Institute of Atmospheric, Geophysical and Astronomical
Sciences.
(a) The National Weather Service shall undertake
operational activities pertaining to the observation, moderation,
modification and reporting of the weather within the Philippine area of
responsibility and issue forecasts and warning of weather and flood
conditions affecting national safety, welfare and economy.
(b) The National Atmospheric, Geophysical and
Astronomical Data Service shall undertake activities concerning the
acquisition, collection, quality control, processing and archiving of
atmospheric and allied data, to include among others meteorological,
seismic, oceanographic and astronomical data and observations and
making same available in usable form for the benefit of agriculture,
commerce and industry. This service shall also conduct continuing
studies of Philippine Climatology, Agro meteorology, Solar Radiation,
Wind Effects, or Dustiness and other such technological studies vital
to national progress.
(c) The National Geophysical and Astronomical Service
shall undertake activities or observations and studies of Geophysical
and Astronomical phenomena essential for the safety and welfare of the
people and also for the economy of the country. The service shall issue
bulletins and/or technical advice to the public in case of significant
geophysical events like severe earthquakes, and tsunami, and shall also
serve as the official time service agency of the Philippines.
(d) The National Institute of Atmospheric,
Geophysical and Astronomical Sciences shall undertake activities to
develop a high level of knowledge in the atmospheric, geophysical and
astronomical sciences to provide for an adequate manpower supply of
well-trained scientists and technological personnel in the country with
respect to these fields. The institute shall also conduct researches in
Atmospheric Science (especially) in weather moderation and/or
modification among others, in Geophysics and in Astronomy.
Section 5. Administrator, Head of Major
Organizational Units, Other Personnel. — The PAGASA shall be headed by
an Administrator with a compensation equivalent to that of a class — a
Bureau. The Administrator shall be appointed by the President of the
Philippines, subject to the confirmation of the Commission on
Appointments. He shall hold office during good behavior and shall not
be removed therefrom except for cause. He shall be a citizen of the
Philippines with proven executive ability who shall have distinguished
himself in science and technology: Provided, That no one shall be
appointed Administrator who is already holding an appointive or
elective position in a concurrent capacity in the Government. Each head
of major organizational units of PAGASA shall be a citizen of the
Philippines with proven executive ability who shall have achieved
distinction in the particular field of National Service.
All subordinate personnel of PAGASA below the rank of head of service
or institute shall be appointed by the Administrator upon
recommendation of the respective head of service or institute, in
accordance with applicable civil service laws and rules.
Section 6. Powers and Duties of the Administrator. —
To implement the policies and objectives of the PAGASA as provided for
in this Act, the administrator shall have the following functions,
duties and powers, among others:cralaw:red
(a) To promulgate such rules and regulations as may
be necessary for the conduct and exercise of the essential functions of
the organization;chanroblesvirtualawlibrary
(b) To exercise supervision and control over all
units under the Administration;chanroblesvirtualawlibrary
(c) To delegate authority for the performance of any
function to officers and employees under his direction;chanroblesvirtualawlibrary
(d) To prescribe the office hours for employees of
the PAGASA engaged in meteorological, geophysical, astronomical and
other technical work in order to maintain a continuous 24 hours watch
as necessary;chanroblesvirtualawlibrary
(e) When necessary, duty beyond prescribed hours
especially during the occurrence of very inclement weather, tropical
cyclones, earthquakes, and tsunamis, may be required of any employee in
the meteorological, geophysical and astronomical or any of its other
services as directed by the Administrator. He may authorize
corresponding overtime pay for services in excess of 40 hours a week on
the regular rate plus at least twenty-five per centum additional, and
provided further that such overtime pay shall be charged against the
appropriation for the purpose or from salary savings of the agency;chanroblesvirtualawlibrary
(f) In order to stimulate keen interest in research
work among the scientific personnel of the Agency, a research incentive
pay may be authorized by the Administrator in the form of fixed
increment amounting to fifteen per cent of the researcher's monthly
salary for each month for a period of one year to the researcher
concerned following the completion and publication of his research
work: Provided, however, That the award shall be made only after the
technical paper is duly presented and defended in a scientific seminar
prescribed for by the Administrator; chanroblesvirtualawlibrary
(g) To provide at government expense compatible with
available resources, living quarters for such personnel who by the
nature of their duties are to be on call 24 hours a day; and
(h) To submit within sixty days after the close of
each fiscal year, an annual report to the Secretary of National
Defense.
Section 7. Authority to Procure Scientific Equipment.
— Any provision of law and regulation to the contrary notwithstanding,
the Administrator is hereby authorized, subject to the approval of the
Secretary of National Defense, to conduct sealed bids and/or canvass of
the foreign and/or local market without the intervention of the Bureau
of Supply Coordination in the procurement of instruments, materials,
equipment and supplies of technical and scientific nature from local or
foreign manufacturers.
Section 8. Authority to Make Disbursements in Actual
Emergency. — Any provision of law and regulation to the contrary
notwithstanding, the Administrator is hereby authorized, in case of
natural calamities related to the functions of the PAGASA, to disburse
an amount not exceeding fifty thousand pesos a month from the funds of
the PAGASA appropriated for specified purposes or from savings, without
seeking prior authority or approval from any other office. In making
such disbursements, the Administrator shall be answerable only to the
Secretary of National Defense and the President of the Philippines, and
in no case shall said disbursements be made except during an actual
real emergency and for strictly official expenditures of the PAGASA.
Section 9. Hazardous Duty Pay During National
Calamities. — In case of natural calamities, any officer or employee of
the Administration, during the time that he is performing official
duties or function involving exposure to personal danger, shall be
entitled to additional compensation to be determined by the
Administrator and approved by the Secretary of National Defense,
exclusive of the usual per diems and other allowances: Provided, That
in no case shall the total amount of such additional compensation
exceed twenty-five per cent of his annual salary for a period of one
year.
Section 10. Appropriations. — The sum of fourteen
million pesos is hereby authorized to be appropriated, out of any funds
in the National Treasury not otherwise appropriated, in addition to the
current budget of the Weather Bureau, to carry into effect the
provisions of this Act. Of this amount, ten million pesos shall be used
exclusively for the purchase of modern weather equipment to
rehabilitate, update, upgrade and replenish the worn out, defective,
old and burned facilities; four million pesos shall be for capital
outlay, personnel and other operating expenses of the
PAGASA. chanroblesvirtualawlibrary
Section 11. Transfer of Personnel, Property. — The
Weather Bureau is hereby abolished. The present personnel, records,
assets, liabilities, funds, and unexpended balance of the appropriation
of the Weather Bureau shall be transferred to PAGASA. The incumbent
Director of the Weather Bureau shall continue to be the Administrator
of the PAGASA. In his capacity as Administrator he is authorized to
reorganize, subject to the limitations imposed by this Act, the
internal organization of the Administration, whenever advisable for
purposes of efficiency and economy: Provided, That any major
reorganization shall be subject to the approval of the Secretary of
National Defense.
Section 12. Repeal of Inconsistent Laws. — All laws,
orders, proclamations, rules and regulations, or parts thereof, which
are inconsistent with any provision of this Act, are hereby repealed or
modified accordingly. chanroblesvirtualawlibrary
The implementation of the "Atmospheric, Geophysical and Astronomical
Science Act of 1972" as herein adopted, approved, and decreed shall be
carried out effective from date hereof as modification of the
Integrated Reorganization Plan under Presidential Decree No. 1.
All concerned shall act accordingly pursuant to the contents of this
decree.
Done in the City of Manila,
this 8th day of December, in the year of Our Lord, nineteen hundred and
seventy-two.
|