REPUBLIC ACT NO. 6082 - AN
ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED ONE THOUSAND ONE
HUNDRED THIRTY, ENTITLED "AN ACT TO CREATE AN ANTI-DUMMY BOARD, TO
PRESCRIBE ITS DUTIES AND FUNCTIONS, AND FOR OTHER PURPOSES"
Section 1.
Section one of Republic Act Numbered One thousand one hundred and
thirty is hereby amended to read as follows:
"Section 1. There is hereby created in the Department of
Justice a board which shall be designated and known as the Anti-Dummy
Board and which shall be vested with and shall exercise the powers and
duties hereinafter specified. The Anti-Dummy Board shall be composed of
the Secretary of Justice who will be ex-officio Chairman of the Board
and four other members to be appointed by the President of the
Philippines with the consent of the Commission on Appointments.
"No person shall be appointed a member of the Anti- Dummy Board unless
he is a natural-born citizen of the Philippines who has continuously
resided in the Philippines not less than ten years before his
appointment and he must be a citizen of good standing.
"The qualification, tenure of office of members of the Board, with the
exception of the Chairman, and the grounds of their separation, shall
be the same as those provided for in the case of Judges of Courts of
First Instance."
Sec. 2. Section two of the same Act is hereby
amended to read as follows:
"Sec. 2. The main purpose of the Anti-Dummy Board
shall be to insure the implementation of the provisions of the
Constitution, nationalization laws, and other legal provisions which
require Philippine citizenship or citizenship of any other specific
country for the exercise or enjoyment of a right, franchise or
privilege, property or business, and further, to coordinate, as far as
practicable all government agencies charged with the enforcement of the
said provisions of the Constitution and laws and, in particular,
Commonwealth Act Numbered One hundred and eight, as amended, commonly
known as the Anti-Dummy Law, and to make and publish a list of all
associations and corporations having in their names, or under their
control a right, franchise, privilege, property or business, the
exercise or enjoyment of which is expressly reserved by the said
Constitution or laws to citizens of the Philippines, or of the United
States, or to corporations or associations at least sixty per cent of
the capital of which is owned by such citizens, with a view to
eliminating or preventing entirely, the evasion or circumvention of the
said constitutional provisions and laws."
Sec. 3. Section three of the same act is hereby
amended to read as follows:
"Sec. 3. The Anti-Dummy Board shall have the
following powers and duties:
"(a) To investigate violations, to conduct
preliminary investigations, file the corresponding information in court
and prosecute all violators of the laws mentioned in Section two of
this Act.
"(b) To furnish professional services to informers
who wish to avail themselves of Section three-A of Commonwealth Act
Numbered One hundred and eight, as inserted therein by Republic Act
Numbered One hundred and thirty-four.
"(c) To enter as amicus curiae in all court cases,
which may have arise from dummy cases.
"(d) To devise ways and means for the carrying out of
an educational propaganda against dummies.
"(e) To devise ways and means for the carrying out
and the implementation of all nationalization laws.
"( f ) To issue rules and regulations for the
government of the Board and that of the subcommittees and chapters to
be established under the provisions hereof; and
"(g) To perform such other duties to enable the Board
to carry out the purposes for which it has been created."
Sec. 4. Section four of the same Act is hereby
amended to read as follows:
"Sec. 4. In order to carry out its duties effectively
the Board shall be empowered to issue by itself or through any of its
authorized officers or investigators, subpoena and subpoena duces
tecum, to designate any of its officers or investigators to administer
oaths in the investigation of dummy cases and to examine the books and
accounts of any person, association or corporation involved in said
cases."
Sec. 5. Section five of the same Act is hereby
amended to read as follows:
"Sec. 5. The Anti-Dummy Board shall have its main
office in the City of Manila or its suburbs and shall meet at such
times as it may designate. The presence of three members of the Board
shall constitute a quorum for the transaction of any of its business.
The Board shall distribute its work among its members by lot: provided,
that the Chairman shall exercise supervision over the other members of
the Board. The President of the Philippines, upon the recommendation of
the Secretary of Justice, shall designate one member of the Board to
act as Executive Director, who shall serve as such until relieved by
the President of the Philippines. The Executive Director shall be the
executive and administrative head of the office and shall render full
time service. He shall have the following duties: To exercise immediate
administrative supervision and control over all personnel, execute all
policies laid down by the Board, act on and approve all vouchers,
payrolls and all kinds of disbursements from the funds of the Board,
and perform such other function and duties as may be assigned by the
Board.
"With the exception of the Chairman of the Board, each member of the
Board shall render full time service and shall receive a salary of
sixteen thousand pesos per annum: provided, that nothing in this law
shall affect the tenure of office of the incumbent members of the Board
and the personnel thereof who shall continue as such without the need
for reappointment."
Sec. 6. Section six of the same Act is hereby
amended to read as follows:
"Sec. 6. There shall be an Assistant Executive
Director in lieu of the Secretary-Treasurer of the Anti-Dummy Board,
who shall be a member of the Philippine Bar and who shall be appointed
by the Board. The provision of any law to the contrary notwithstanding,
the said officer shall receive an annual compensation of at least nine
thousand pesos. The duties of the Assistant Executive Director shall be
to act in behalf of the Executive Director in his absence, to act as
Secretary of the Board, to keep full and correct minutes of all the
proceedings of the Board; and to perform such other duties as may be
assigned to him by the Board or by the Executive Director.
"The Anti-Dummy Board may appoint special prosecutors, investigators
and other employees as it may deem necessary and fix their duties and
salaries the provisions of any law to the contrary notwithstanding:
provided, that the investigators appointed by the Board shall be
lawyers, and/or certified public accountants, the proportion of the
number of lawyers and accountants to be at the discretion of the Board.
Each investigator shall receive a salary of at least four thousand
eight hundred pesos per annum, the provisions of any law to the
contrary notwithstanding.
"The President may, upon recommendation of the Board detail one or more
assistant provincial fiscals or assistant attorneys under the
Department of Justice, or any other employees in the national,
provincial, city or municipal governments, on special duty with the
Board. Employees so detailed shall perform such duty as is required
under such detail, and the time so employed shall count as part of
their regular official service."
Sec. 7. Section seven of the same Act is hereby
amended to read as follows:
"Sec. 7. The permanent officials and employees of the
Anti-Dummy Board and those detailed under special duty therewith, and
such other officers and employees of the Government as may be
designated by the Chairman of the Board, are hereby made deputies of
the Anti-Dummy Board, with full authority to enforce the provisions of
Section s three and four of this Act and the Nationalization Laws, and
to arrest offenders against the same."
Sec. 8. To carry out effectively the provisions of
this Act, the sum of six hundred thousand pesos is hereby authorized to
be appropriated, out of any funds in the National Treasury not
otherwise appropriated, in addition to the appropriation in the General
Appropriations Act of nineteen hundred sixty-six, for the payment of
the salaries of the necessary personnel, increases in salaries, for the
purchase of necessary equipment, motor vehicles and supplies, and for
sundry expenses to be incurred to carry into effect the provisions of
this Act during the fiscal year nineteen hundred sixty-six and
sixty-seven. Thereafter, the necessary sum for the additional operation
of the Board as provided for in this Act shall be included in the
General Appropriations Act.
Sec. 9. This Act shall take effect upon its
approval.
Approved: August 4, 1969
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