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PRESIDENTIAL DECREE NO. 1203
PRESIDENTIAL DECREE NO. 1203
- FURTHER AMENDING PRESIDENTIAL DECREE NO. 285 AS AMENDED BY
PRESIDENTIAL DECREE NO. 400
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WHEREAS,
Presidential Decree No. 285 as amended, authorizes the compulsory
licensing or reprinting of educational, scientific or cultural books
and materials as a temporary or emergency measure whenever the prices
thereof become so exorbitant as to be detrimental to the national
interest; and
WHEREAS, there is a necessity to provide effective controls or
safeguards against any abuses of the rights of foreign or domestic
authors and publishers and so as not to deprive them of the returns of
their works or investments;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E, MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree: chanroblesvirtualawlibrary
Section 1. Section 1 of Presidential Decree No. 285
as amended by Presidential Decree No. 400 is hereby further amended to
read as follows:cralaw:red
"Sec. 1. (1) Whenever the price of any textbook or
reference book duly prescribed by the curriculum and certified by the
registrar of the school or university or college, whether of domestic
or foreign origin, has become so exorbitant as to be detrimental to the
national interest, as determined and declared by a Reprint Committee
composed of the Secretary of Education and Culture as Chairman, and the
Director General of the National Economic Development Authority, the
Chairman of the Textbook Board and of the Director of the National
Library as members, such book or other written material may be
reprinted by the government or by a printer under the following
conditions:cralaw:red
"(a) That a particular title may be reprinted by only
one private publisher or printer authorized by the Reprint Committee;chanroblesvirtualawlibrary
"(b) That anyone wishing to undertake the reprinting
shall file an application with the National Library containing the
following information: the title, author and original publisher of the
book or other written material to be reprinted; its foreign list price
in case of a Philippine book; the proposed list price of the reprinted
matter; the name of the actual printer; the number of copies to be
reprinted; and the name and address of the applicant. An application
for each subsequent reprinting shall likewise be filed and copies
thereof furnished to local representatives of the foreign publishers;chanroblesvirtualawlibrary
"(c) That the successful applicant shall accomplish
the reprinting within sixty days from the date of approval of the
application. If the reprinting shall not have been done in that time,
the title may be applied for by other interested parties; chanroblesvirtualawlibrary
"(2) Exorbitant price shall mean not less than
Thirty-Five Pesos (P35.00), until otherwise increased by the Reprint
Committee.
"(3) Each copy of each title reprinted under this
Decree shall be numbered consecutively on the copyright page.
"(4) All titles reprinted prior to these amendments
shall be registered, the registrant furnishing the National Library the
same information required in the aforementioned application, within
thirty (30) days after these amendments take effect."
Section 2. Section 2 of the same Decree is hereby
amended to read as follows: chanroblesvirtualawlibrary
"Sec. 2. Reprinted books as defined in Section 1
shall bear proper acknowledgment of the source, authorship, copyright
proprietors and past printers, if known, as well as the names and
addresses of the publishers and printers. If abbreviated or edited in
any manner, such fact shall be stated. The following inscription shall
also appear on the covers thereof: "Export of this Book or material is
punishable by law." The export of such reprints under any circumstance
is hereby prohibited. Any reprinter found guilty of exporting reprinted
books in violation of this provision shall in addition to the penalties
prescribed in Section 5 hereof, be disqualified from further
reprinting, and his license as trader, if any, immediately cancelled.
Section 3. Section 3 of the same Decree, as amended,
is hereby further amended to read as follows: chanroblesvirtualawlibrary
"Sec. 3. The reprinting of the above-mentioned books
shall be subject to the condition that the awardee shall pay a royalty
of at least seven per centum (7%) of the list price in the Philippines
in case of books published in the country, or at least two per centum
(2%) of the foreign list price in the case of books published in other
countries. Report of sales and payment of royalties shall be made to
the copyright owners or publishers every six (6) months, Provided, That
in the case of non-resident authors, publishers or copyright owners,
the royalties, in dollars if so desired, shall be fully remittable,
within the same period."
Section 4. Section 4 of the same Decree as amended is
hereby further amended to read as follows:cralaw:red
"Sec. 4. (1) Any conflict or claim arising out of the
provisions of this Decree shall be decided by the Committee mentioned
in Section 1 hereof. An order or decision of said Committee shall
become final after fifteen (15) days following the receipt by the party
concerned of such order or decision, unless in the meantime an appeal
therefrom to the Office of the President has been taken by the
aggrieved party.
"(2) The Reprint Committee shall adopt and promulgate
such rules and regulations as may be necessary for the effective
implementation of this Decree."
Section 5. Section 4 of the same Decree is hereby
renumbered section 5 and amended to read as follows:cralaw:red
"Sec. 5. Any person, natural or juridical, who shall
violate the provisions of this Decree or its implementing rules shall,
upon conviction thereof, be punished by imprisonment of not less than
six (6) months nor more than three (3) years or a fine of not less than
Ten Thousand Pesos nor more than Fifty Thousand Pesos, or both at the
discretion of the court. If the violation is committed by a firm,
company or corporation, the directors or the manger or person in charge
of the management of the business thereof shall be responsible
therefor, in any case the corporation shall also pay the fine herein
provided. Books and materials printed or published or exported in
violation of this Decree shall be immediately confiscated and the
establishment that printed or published or exported them shall
forthwith be closed and its operation discontinued."
Section 6. These amendments shall take effect
immediately.
DONE in the City of Manila,
this 27th day of September, in the year of Our Lord, nineteen hundred
and seventy-seven.
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