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This page features the full text of
Republic Act No. 8047
Book
Publishing Industry Development Act
AN
ACT PROVIDING FOR THE DEVELOPMENT OF THE BOOK PUBLISHING INDUSTRY
THROUGH
THE FORMULATION AND IMPLEMENTATION OF A NATIONAL BOOK POLICY AND A
NATIONAL
BOOK DEVELOPMENT PLAN.
REPUBLIC
ACT NO. 8047
AN
ACT PROVIDING FOR THE DEVELOPMENT OF THE BOOK PUBLISHING INDUSTRY
THROUGH
THE FORMULATION AND IMPLEMENTATION OF A NATIONAL BOOK POLICY AND A
NATIONAL
BOOK DEVELOPMENT PLAN.
Section
1. Title. — This Act shall be
known as the "Book Publishing Industry Development Act."
Sec.
2. Declaration of Policy. — It
is recognized that the book publishing industry has a significant role
in national development, considering that books which are its products
are instrumental in the citizenry's intellectual, technical and
cultural
development — the basic social foundation for the economic and social
growth
of the country. Books are the
most effective and economical tools for achieving educational growth,
for
imparting information and for recording, preserving, and disseminating
the nation's cultural heritage.
Accordingly,
it is hereby declared a policy of the State to promote the continuing
development
of the book publishing industry, with the active participation of the
private
sector, to ensure an adequate supply of affordable, quality-produced
books
not only for the domestic but also for the export market. For
this purpose, the Government shall formulate, adopt, and implement a
National
Book Policy and a corresponding National Book Development Plan that
will
serve as the enduring basis for fostering the progressive growth and
viability
of the book industry.chan
robles virtual law library
SECTION
3. Definition of Terms. — For
purposes of this Act, the terms below shall be construed to mean,
except
where explicitly indicated or where the context clearly indicates
otherwise,
as follows:
(a) Book
— as defined by the United Nations Educational Scientific and Cultural
Organization (UNESCO), a printed non-periodical publication of at least
forty-eight (48) pages, exclusive of cover pages, published in the
country
and made available to the public.
chanrobles virtuallaw libraryred(b) Textbook
— a book which is an exposition of generally accepted principles in one
(1) subject, intended primarily as a basis for instruction in a
classroom
or pupil-book-teacher situation.
(c) Book
Title — refers to a particular book of which a number of copies are
printed.
(d) National
Book Policy — a statement of the intention and philosophy of the State
as a basis for the formulation and implementation of measures for the
development,
production and distribution of books.chan
robles virtual law library
(e) National
Book Development Plan — refers to the integrated approach for fostering
book development, consisting of the totality of the procedures and
systems
for attaining the balanced growth of the various components of book
development
and production, including preparation and distribution of books.
(f) National
Development — is used in the most general sense to refer to the
country's
progress as well as to the processes or measures that contribute to
such
progress.
(g) Book
Publishing — a process of choosing and making books dealing with
everything
known to the human spirit, philosophy, religious beliefs, intellectual
ideas, the physical world, all the arts and the sciences.
(h) Book
Development — a condition not only of having more output but also
different
kinds of outputs than were previously produced, as well as changes in
the
technical and institutional arrangements by which output is produced
and
distributed.
(i) Related
Activities — the domestic manufacturing industries which have direct
bearing
on the long term viability of the book publishing industry.
Sec.
4. National Book Policy. — The
National Book Policy shall conform to the policy provided for in
Section
2 hereof and shall have the following basic purposes and objectives:chanroblesvirtualawlibrary
(a) to
create condition conducive to development, production and distribution
of books, especially the acquisition and adoption of state-of-the-art
technology,
equipment and machineries on book publishing;chanrobles virtuallaw libraryred(b) to
obtain priority status for the book publishing industry;
(c) to
ensure an adequate, affordable and accessible supply of books for all
segments
of the population;
(d) to
promote book readership especially among the young and neo-literates,
through
programs promoting literary and good reading habits, book fairs and
exhibits;
and an efficient nationwide system of libraries and reading centers
especially
in the rural areas;
(e) to
promote the development of indigenous authorship and of translations
among
various language groups in the country;
(f) to
promote the translation and publication of scientific and technical
books
and classic works in literature and the arts;
(g) to
promote the effective distribution of books in the domestic as well as
in the international markets through an efficient and reliable postal
and
transport delivery system;
(h) to
foster the development of the skills of personnel engaged in book
publishing
through in-service training programs and formal degree and non-degree
book
publishing courses in schools;
(i) to
respect and inculcate the concept of intellectual property ownership
and
to protect the rights of authors and publishers by strictly enforcing
copyright
laws and providing legal assistance to authors and publishers in suits
related thereto;
(j) to
reaffirm and ensure the country's commitment to the UNESCO principle of
free flow of information and other related provisions as embodied in
the
Florence Agreement and in other similar international agreements; and
(k) to
promote whenever appropriate the use of recycled/waste paper and other
inexpensive local materials in the manufacture of books to reduce the
cost
of such locally produced books.
Sec.
5. National Book Development
Plan. — The National Book Development Plan shall include the specific
measures
needed to realize the purposes and objectives of the National Book
Policy.The
formulation of the plan shall involve:chanroblesvirtualawlibrary
(a) the
collection and tabulation of data on book production covering such
areas
as paper production, supply and consumption, publishing equipment and
machinery
and existing distribution networks;chan
robles virtual law librarychanrobles virtuallaw libraryred(b) a
survey on the availability of adequate and proper manpower and
supporting
skills needed by the publishing industry such as authors, editors,
designers
and illustrators, marketing personnel and printers;
(c) a
survey of existing legislation affecting the book industry both at the
national and international levels;
(d) a
survey of professional training capability as well as of reading habits
and attitudes; and
(e) consultations
with all segments of the book industry concerned in planning for and
preparing
the National Book Development Plan on the basis of the results of the
aforementioned
surveys.
The
National Book Development Plan shall have the following components
and/or
requisites:chanroblesvirtualawlibrary
i. a
human resource development program for book personnel;chanrobles virtuallaw libraryredii. guidelines
for ethical practices in the book trade;
iii. measures
for attaining balanced attention and bridging the communication gap
among
people living in different parts of the country;
iv. provisions
for a strong and effective mechanism for book development in the
country;
v. provisions
for producing books or other periodicals such as appropriate or
selected
comics as instructional or teaching material for such various
categories
of readers in the country as pre-school children and school children,
school
drop-outs, neo-literates, the handicapped, professionals, general
readers
and ethnic groups; and
vi. measures
for addressing the needs and problems of the book development industry
as indicated in the surveys conducted.
Sec.
6. Registration of Entities.
— Persons and enterprises engaged in book publishing and its related
activities
shall register with the National Book Development Board.
chanrobles virtuallaw libraryred
Sec.
7. Governing Board; Composition;
Terms, Powers and Functions. — There is hereby created a National Book
Development Board hereinafter referred to as the Board, which shall be
under the administrative supervision of the Office of the
President. The
Governing Board shall be composed of eleven (11) members who shall be
appointed
by the President of the Philippines.
The
eleven (11) members shall be composed of:
(a) Five
(5) representatives of the government to be chosen from the Department
of Education, Culture and Sports (DECS), Department of Trade and
Industry
(DTI), Department of Science and Technology (DOST), National Commission
for Culture and Arts (NCCA), and nominees by the Commission on Higher
Education
(CHED), and Technical Education Skills Development Authority (TESDA)
from
the academe and training institutions, respectively; andchanrobles virtuallaw libraryred(b) Six
(6) representatives from the nominees of organizations of private book
publishers, printers, writers, book industry related activities,
students
and the private education sector, preferably representatives of the
three
(3) main islands of the country, in view of the substantial progress
made
by other regions in the book publishing industry.
The
appointees to the Board shall be one of the three (3) nominees of the
concerned
nationwide organizations duly incorporated with the Securities and
Exchange
Commission (SEC) and with membership, whenever feasible, in all the
cities
and provinces throughout the country.
chanrobles virtuallaw libraryred
The
members of the Board shall elect a chairman from among themselves.
The DECS representative in the Board shall be the ex-officio
vice-chairman
of the Board.
The
members of the Board shall serve for a term of three (3) years: Provided,
That no member shall serve for more than (2) consecutive terms. Provided,
further, that the terms of the first appointees from the private
sector
shall be staggered thus: the
first two (2) representatives of the private sector shall serve for
three
(3) years; the second two (2) for two (2) years; and the third two (2)
for one (1) year: Provided, furthermore, That the appointee
from
the academe shall serve for a period of three (3) years and the
appointee
from training institutions shall serve for a term of two (2) years.chan
robles virtual law library
The
members of the Board shall serve and continue to hold office until
their
successors shall have been appointed and qualified. Should
a member of the Board fail to complete his term, his successor shall be
appointed by the President of the Philippines but only for the
unexpired
portion of the term.
No
person shall be appointed to the Board unless he is a citizen of the
Philippines,
at least thirty (30) years of age, and of established competence and
integrity.
For
administrative purposes, the Board shall be under the Office of the
President.
The
members of the Governing Board shall receive per diem and such
allowances
as may be authorized for every meeting actually attended and subject to
pertinent laws, rules and regulations.
Sec.
8. Powers and Functions. — The
Governing Board shall have the following powers and functions:
(a) assume
responsibility for carrying out and implementing the policies, purposes
and objectives provided for in this Act;chanrobles virtuallaw libraryred(b) formulate
plans and programs as well as operational policies and guidelines for
undertaking
activities relative to promoting book development, production and
distribution
as well as an incentive scheme for individual authors and writers;
(c) formulate
policies, guidelines and mechanisms to ensure that editors, compilers
and
especially authors are paid justly and promptly royalties due them for
reproduction of their works in any form and number and for whatever
purpose;
(d) conduct
or contract research on the book publishing industry including
monitoring,
compiling and providing data and information of book production;
(e) provide
a forum for interaction among private publishers, and, for the purpose,
establish and maintain liaison with all the segments of the book
publishing
industry;
(f) ask
the appropriate government authority to ensure effective implementation
of the National Book Development Plan;
(g) promulgate
rules and regulations for the implementation of this Act in
consultation
with other agencies concerned, except for Section 9 hereof on
incentives
for book development, which shall be the concern of appropriate
agencies
involved;
(h) approve,
with the concurrence of the Department of Budget and Management (DBM),
the annual and supplemental budgets submitted to it by the Executive
Director;chan
robles virtual law library
(i) own,
lease, mortgage, encumber or otherwise real and personal property for
the
attainment of its purposes and objectives;
(j) enter
into any obligation or contract essential to the proper administration
of its affairs, the conduct of its operations or the accomplishment of
its purposes and objectives;
(k) receive
donations, grants, legacies, devices and similar acquisitions which
shall
form a trust fund of the Board to accomplish its development plans on
book
publishing;
(l) import
books or raw materials used in book publishing which are exempt from
all
taxes, customs duties and other charges in behalf of persons and
enterprises
engaged in book publishing and its related activities duly registered
with
the Board;
(m) promulgate
rules and regulations governing the matter in which the general affairs
of the Board are to be exercised and amend, repeal, and modify such
rules
and regulations whenever necessary:
(n) recommend
to the President of the Philippines nominees for the positions of the
Executive
Officer and Deputy Executive Officer of the Board;
(o) adopt
rules and procedures and fix the time and place for holding meetings:
Provided, That at least one (1) regular meeting shall be held
monthly;
(p) conduct
studies, seminars, workshops, lectures, conferences, exhibits, and
other
related activities on book development such as indigenous authorship,
intellectual
property rights, use of alternative materials for printing,
distribution
and others; and
(q) Exercise
such other powers and perform such other duties as may be required by
the
law.
Sec.
9. The Secretariat. — The Board
shall have a permanent Secretariat under an Executive Officer, who
shall
be appointed by the Board.chan
robles virtual law library
The
authority and responsibility for the day-to-day management and
direction
of the operations of the affairs of the Board shall be vested in the
Executive
Officer. The Executive Officer
shall be assisted by a Deputy Executive Officer. Both
the Executive Officer and the Deputy Executive Officer shall be
appointed
by the President of the Philippines. They
shall hold office unless sooner terminated in accordance with
applicable
laws.
No
person shall be appointed Executive Officer and Deputy Executive
Officer
of the Board unless he is a citizen of the Philippines, at least thirty
(30) years of age, and of established competence and integrity.
The
Executive Officer shall have the following powers and functions:
(a) Execute,
administer and implement the policies and measures approved by the
Board;chanrobles virtuallaw libraryred(b) Direct
and
manage the affairs and operations of the Board;
(c) Submit
within thirty (30) days after the close of every calendar year an
annual
report to the Board and such other reports it may require;
(d) Submit
an annual budget and such supplemental budgets as may be necessary to
the
Board for its consideration and approval;
(e) Represent
the Board in all transactions with other offices, agencies, and
instrumentalities
of government and with all persons and other entities, public or
private,
domestic or foreign;
(f) Appoint,
subject to the confirmation of the Board, and discipline for cause in
accordance
with Civil Service laws, rules and regulations, the Board's officers
and
personnel below the level of Deputy Executive Officer;
(g) Delegate
in writing, authority, as may be necessary to subordinate officers and
personnel of the Board; and
(h) Perform
such other duties as may be assigned to him by the Board, which
according
to its sound discretion, are necessary for the efficient and effective
implementation of this Act.
The
Deputy Executive Officer shall have the following powers and functions;
assist the Executive Officer in the discharge of his powers and
functions;
act as Executive Officer during the Executive Officer's absence,
sickness
or other temporary disability; and discharge such other powers and
perform
such other functions as may be required by the Executive Officer of the
Board.
chanrobles virtuallaw libraryred
The
structural and functional organization, compensation plan and the
staffing
pattern of the Secretariat shall be approved by the Board upon the
recommendation
of the Executive Officer. The
Board may create, abolish, merge, or otherwise reorganize positions
therein
as may be necessary for the economical, effective and efficient
discharge
of its functions and responsibilities subject to the existing laws.
Sec.
10. Public School and Textbook
Publishing. — The DECS shall consult with the Board in prescribing the
guidelines, rules and regulations in preparing the minimum learning
competencies
and/or prototypes and other specifications for books required by public
elementary and secondary schools.chan
robles virtual law library
The
DECS shall confine itself to:
(a) preparing
the minimum learning competencies, and/or prototypes and other
specifications
for books and/or manuscripts called for;chanrobles virtuallaw libraryred(b) testing,
evaluating, selecting and approving the manuscripts or books to be
submitted
by the publishers for multiple adoption;
(c) providing
assistance in the distribution of textbooks to the public school
systems;
and
(d) promulgating
with the participation and assistance of the Board rules and
regulations
for the private book publishers in the call, testing evaluation,
selection,
approval, as well as production specification and acquisition of public
school textbooks.
The
printing of public elementary and secondary school textbooks shall be
done
on a regional or provincial level, whenever economically feasible.
chanrobles virtuallaw libraryred
The
DECS shall within a period of not more than three (3) years from the
effectivity
of this Act phase out its elementary and secondary textbook publication
and distribution functions and shall support the phasing in of private
sector publishers to assume these functions here. For
its part, the Board shall monitor and conduct an annual evaluation of
the
progress of the shift of functions from the DECS to the private sector.
Sec.
11. Participation of Private
Publishers in the Public School Textbook Program. — Guided by the
minimum
learning competencies for the elementary level, the desired learning
competencies
for the secondary level, and other specifications prepared by the DECS,
publishers shall develop and submit to the DECS those syllabi and/or
prototypes
and manuscripts or books intended for use in the public schools for
testing,
evaluation, selection and approval.
Upon
approval of the manuscripts or books, publishers shall produce and
supply
the textbooks as ordered by the DECS.
Sec.
12. Incentives for Book Development.
— Persons and enterprises engaged in book publishing and its related
activities
duly registered with the National Book Development Board shall be
entitled
to the applicable fiscal and non-fiscal incentives as provided for
under
Executive
Order No. 226, otherwise known as the Omnibus Investment Code, as
amended,
subject to the qualifications and requirements set by the Board of
Investments
(BOI): Provided, That book development activities shall always
be
included in the Investment Priorities Plan (IPP).
In
the case of tax and duty-free importation of books or raw materials to
be used in book publishing, the Board and its duly authorized
representatives
shall strictly monitor the quality and volume of imported books and
materials
as well as their distribution and the utilization of the said imported
materials.chan
robles virtual law library
The
Board shall also recommend to the proper prosecuting agencies any
violations
of the conditions of the duty-free importation.cralaw:red
Books,
magazines, periodicals, newspapers, including book publishing and
printing,
as well as its distribution and circulation, shall be exempt from the
coverage
of the expanded value added tax law.
Sec.
13. Implementing Rules and Regulations.
— The Board, in consultation with the BOI, Bureau of Customs (BOC), and
other appropriate agencies from the private and government sectors,
shall
issue guidelines and prescribe rules and regulations for Sections 6,
10,
and 12 within one hundred twenty (120) days after the effectivity of
this
Act which shall be published in two (2) newspapers of general
circulation. A
copy of such guidelines, rules, and regulations shall be furnished the
Congress of the Philippines.
Sec.
14. Penalties. — Any person who
violates any provision of this Act or the terms and conditions of the
rules
and regulations issued pursuant thereto, or aids or abets in any manner
any violation shall be subject to a fine not exceeding One hundred
thousand
pesos (P100,000.00) or imprisonment of not more than five (5) years or
both,
at the discretion of the court.
If
the violation is committed by a juridical entity, it shall be subject
to
a fine not exceeding Five hundred thousand pesos (P500,000.00).The
president and/or officials responsible therefore shall also be subject
to a fine not exceeding Seven hundred thousand pesos (P700,000.00).
In
addition to the foregoing, any person, firm, or juridical entity
involved
shall be subject to forfeiture of all benefits granted under this Act.
The
SEC shall have the power to impose administrative sanctions as provided
herein for any violation of this Act or its implementing rules and
regulations.
Sec.
15. Transfer of Assets, Properties,
Funds and Liabilities. — Assets, properties, and liabilities of the
Instructional
Material Corporation (IMC) and the Instructional Material Development
Center
(IMDC) under the DECS shall be transferred to the National Book
Development
Board.
Sec.
16. Appropriations. — For the
initial operating expenses of the Board and the Secretariat, the amount
of Five million (P5,000,000.00) pesos is hereby appropriated to be
charged
to the Office of the President. Thereafter,
it shall submit to the Department of Budget and Management its proposed
budget for inclusion in the General Appropriations Act.
Sec.
17. Transitory Provisions. —
Within a period of one hundred eighty (180) days after the approval of
this Act, the Board shall be constituted to start its operation.
All
other government offices having the functions similar to those of the
Board
shall then cease to perform such functions. These
functions shall henceforth be deemed transferred to the Board.chan
robles virtual law library
This
notwithstanding , the DECS shall maintain an office and staff to
perform
functions specified herein relative to its participation in the
government
textbook program.
Employees
of the IMDC and the IMC who are not hired by the Board and/or who do
not
opt to remain with DECS or are laid off as a result of the
implementation
of this Act, within the transition period provided herein shall be
entitled
to gratuity at the rate of one and one fourth (1 1/4) month's salary
for
every year of service in the government or a fraction thereof on the
basis
of the highest salary received, in addition to the retirement and/or
gratuity,
benefits or pensions under R.A. No. 6656 and other existing Retirement
Laws. Unexpected funds of the IMDC and of the IMC shall revert to the
Board,
after reserving the amount necessary to pay the benefits of those
separated
or retired from the service.
Sec.
18. Separability Clause. — If
any part or section of this Act is declared unconstitutional for any
reason
whatsoever such declaration shall not in any way affect other parts or
sections of this Act.cralaw:red
Sec.
19. Repealing Clause. — Executive
Order No. 492, series of 1991, as amended; except as herein indicated
is
hereby repealed. All other
laws, decrees, rules, regulations and other administrative issuances or
provisions thereof which are contrary to or inconsistent herewith are
hereby
repealed or modified accordingly.
Sec.
20. Effectivity. — This Act shall
take effect after fifteen (15) days following its publication in the
Official
Gazette or in any newspaper of general circulation.
Approved:
June 7, 1995
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