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BATAS PAMBANSA BILANG. 42BATAS PAMBANSA BLG. 42 - AN ACT
AMENDING THE CHARTER OF THE PHILIPPINE CHARITY SWEEPSTAKES OFFICE
Section 1.
Section one of Republic Act Numbered Eleven hundred and
sixty-nine is hereby amended to read as follows:
"Section 1. The
Philippine Charity Sweepstakes Office. — The Philippine Charity
Sweepstakes Office, hereinafter designated the Office, shall be the
principal government agency for raising and providing for funds for
health programs, medical assistance and services and charities of
national character, and as such shall have the general powers conferred
in section thirteen of Act Numbered One thousand four hundred
fifty-nine, as amended, and shall have the authority:
"A. To hold and
conduct charity sweepstakes races, lotteries, and other similar
activities, in such frequency and manner, as shall be determined, and
subject to such rules and regulations as shall be promulgated by the
Board of Directors.
"B. Subject to the approval of the Minister of Human
Settlements, to engage in health and welfare-related investment,
programs, projects and activities which may be profit-oriented, by
itself or in collaboration, association or joint venture with any
person, association, company or entity, whether domestic or foreign,
except for the activities mentioned in the preceding paragraph (A), for
the purpose of providing for permanent and continuing sources of funds
for health programs, including the expansion of existing ones, medical
assistance and services, and/or charitable grants: Provided, That such
investments will not compete with the private sector in areas where
investments are adequate, as may be determined by the National Economic
and Development Authority.
"C. To
undertake any other activity that will enhance its funds generation
operations and funds management capabilities, subject to the same
limitations provided for in the preceding paragraph.
"It shall have a Board of Directors, hereinafter designated the Board,
composed of five members who shall be appointed, and whose compensation
and term of office shall be fixed, by the President (Prime Minister)."
Sec. 2. Section six Republic Act Numbered Eleven
hundred and sixty-nine is hereby amended to read as follows:
"Sec. 6.
Allocation of Net Receipts. — From the gross receipts from the sale of
sweepstakes tickets, whether for sweepstakes races, lotteries, or other
similar activities, shall be deducted the printing cost of such
tickets, which in no case shall exceed two percent of such gross
receipts to arrive at the net receipts. The net receipts shall be
allocated as follows:
"A. Fifty-five percent (55%) shall be set aside as a
prize fund for the payment of prizes, including those for the owners,
jockeys of running horses, and sellers of winning tickets.
"Prizes not claimed by the public within one year from date of draw
shall be considered forfeited, and shall form part of the charity fund
for disposition as stated below.
"B. Thirty
percent (30%) shall be set aside as contributions to the charity fund
from which the Board of Directors, in consultation with the Ministry of
Human Settlements on identified priority programs, needs and
requirements in specific communities and with the approval of the
Office of the President (Prime Minister), shall make payments or grants
for health programs, including the expansion of existing ones, medical
assistance and services and/or charities of national character, such as
the Philippine National Red Cross, under such policies and subject to
such rules and regulations as the Board may from time to time establish
and promulgate. The Board may apply part of the contributions to the
charity fund to approved investments of the Office pursuant to Sec. 1(B) hereof, but in no case shall such application to investments
exceed ten percent (10%) of the net receipts from the sale sweepstakes
tickets in any given year.
"Any property acquired by an institution or organization with funds
given to it under this Act shall not be sold or otherwise disposed of
without the approval of the Office of the President (Prime Minister),
and that in the event of its dissolution all such property shall be
transferred to and shall automatically become the property of the
Philippine Government.
"C. Fifteen
percent (15%) shall be set aside as contributions to the operating
expenses and capital expenditures of the Office.
"D. All balances of any funds in the Philippine
Charity Sweepstakes Office shall revert to and form part of the charity
fund provided for in paragraph (B), and shall be subject to disposition
as above stated.
"The disbursements of the allocations herein authorized shall be
subject to the usual auditing rules and regulations."
Sec. 3. Section nine of Republic Act Numbered
Eleven hundred and sixty-nine is hereby repealed, and the following
shall be inserted as the new provisions of Section nine, to read as
follows:
"Sec. 9.
Powers and functions of the Board of Directors. — The Board of
Directors of the Office shall have the following powers and functions:
"A. To adopt or
amend such rules and regulations to implement the provisions of this
Act.
"B. Consistent with the purposes of this Act, to
determine and approve the most effective organizational framework for
the Office and its staffing pattern: to fix the salaries and determine
the reasonable allowances, bonuses and other incentives of its officers
and employees as may be recommended by the General Manager; and to
prescribe the manner of hiring and compensating on a contractual basis
such sales and other personnel as may be required for its operations,
subject to pertinent civil service and compensation laws.
"C. To contract loans credits and indebtedness,
whether domestic or foreign on such terms and conditions as it may deem
appropriate for the accomplishment of its purposes, subject to
applicable laws, rules and regulations.
"D. To promulgate rules and regulations for the
operation of the office and to do such act or acts as may be necessary
for the attainment of its purposes and objectives."
Sec. 4. All laws, decrees, and executive orders
inconsistent with the provisions of this Act are hereby repealed or
modified accordingly.
Sec. 5. If for any reason whatsoever any portion
or part of this Act is declared unconstitutional or invalid, the
remaining portion or part not affected thereby shall remain in full
force and effect.
Sec. 6. This Act shall take effect upon its
approval.
Approved: September 24, 1979.
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