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PRESIDENTIAL DECREE NO. 1204
PRESIDENTIAL DECREE NO. 1204
- AMENDING CERTAIN Section OF PRESIDENTIAL DECREE NO. 79, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED POPULATION ACT OF THE PHILIPPINES
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WHEREAS,
the population program constitutes a program for family planning,
health and welfare; chanroblesvirtualawlibrary
WHEREAS, there exists a necessity for the active participation of the
Secretaries of the Department of Local Government and Community
Development and Department of Labor to represent the local government
and labor sector respectively, in the formulation and implementation of
policies of the national family planning, health and welfare program;chanroblesvirtualawlibrary
WHEREAS, further amendments to P.D. 79 are likewise necessary to
strengthen the powers of the Commission on Population in order to
implement more effectively the plans and policies enunciated in
carrying out the purposes and objectives of the national family
planning, health and welfare program;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E, MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree:cralaw:red
Section 1. Section 5 of Presidential Decree No. 79,
as amended, is hereby amended to read as follows:cralaw:red
"Sec. 5. Duties and Functions of the POPCOM. — The
POPCOM shall have the following duties and powers:cralaw:red
(a) To employ or authorize the employment by
participating agencies in the national family planning, health and
welfare program of physicians, nurses, and midwives and other persons
to provide, dispense and administer all acceptable methods of
contraception to all citizens of the Philippines desirous of spacing,
limiting, or preventing pregnancies: Provided, That the above mentioned
persons except physicians, for the purpose of contraception, have been
trained and duly certified by the POPCOM." chanroblesvirtualawlibrary
Section 2. Section 6 of Presidential Decree No. 79,
as amended, is hereby amended to read as follows:cralaw:red
"Sec. 6. Board of Commissioners. — All functions and
powers of the POPCOM shall be vested in and exercised by a Board of
Commissioners, hereinafter referred to as the Board, composed of the
Secretary of Social Service and Development, Secretary of Education and
Culture, Secretary of Health, Secretary of Economic Planning, Secretary
of Local Government and Community Development, Secretary of Labor, Dean
of the University of the Philippines Population Institute, Executive
Director of the Population Center Foundation, Inc., and two (2) other
members from the private sector who possess the necessary expertise in
the field of population and who are not recipients of Population
Commission program funds, each to be appointed by the President of the
Philippines for a tern of three years." chanroblesvirtualawlibrary
Section 3. Section 8 of Presidential Decree No. 79,
as amended is hereby amended to read as follows:cralaw:red
"Sec. 8. Chairman of the Board, Powers and Duties. —
The Board shall elect a Chairman from among its members. The Chairman
shall have the following powers and duties:cralaw:red
(a) To call and preside over the meetings of the
Board;chanroblesvirtualawlibrary
(b) To review and with the concurrence of the Board,
authorize major policies and programs as a whole;chanroblesvirtualawlibrary
(c) To appoint, with the approval of the Board, the
Executive Director and such number of Deputy Executive Directors and
Regional Directors as the exigencies of the service may require and
recommend to the Board their respective compensation and the suspension
and removal of said officials for cause; chanroblesvirtualawlibrary
(d) To submit to the President an annual report and
such periodic reports as may be necessary on the accomplishments and
programs of the POPCOM;chanroblesvirtualawlibrary
(e) To accept on behalf of the POPCOM, gifts, grants
or donations and administer, obligate and disburse the same in
accordance with the provisions of this Decree;chanroblesvirtualawlibrary
(f) To constitute committees consisting of members of
the Board or such other experts and consultants from both the private
and public sectors as are deemed necessary to conduct studies for the
POPCOM or to assist in the discharge of its functions; and, subject to
the approval of the Board, authorize the payment of honoraria or
additional compensation and commutable traveling allowances for
services rendered, except to the members of the Board;chanroblesvirtualawlibrary
(g) To delegate to the Executive Director subject to
the approval of the Board any of the powers vested in him as may be
necessary in the performance of functions; and
(h) To perform such other duties as may be assigned
to him by the Board from time to time."
Section 4. Section 9 of Presidential Decree No. 79,
as amended is hereby amended to read as follows: chanroblesvirtualawlibrary
"Sec. 9. Meeting. — The Board shall meet at least
once every four months or oftener at the call of the Chairman. Six (6)
members of the Board shall constitute a quorum and no action shall be
considered as a decision of the Board unless it carries the affirmative
vote of at least six (6) members present and voting. Members of the
Board who are government officials shall serve without additional
compensation. However, they shall be allowed commutable traveling,
representation and other necessary allowances."
Section 5. Section 10 of Presidential Decree No. 79,
as amended is hereby amended to read as follows:cralaw:red
"Sec. 10. Executive Director, Powers and Duties. —
The management of the POPCOM shall be vested in an Executive Director,
to be appointed by the Chairman, subject to the approval of the Board.
The Executive Director shall have the following powers, duties
and responsibilities: chanroblesvirtualawlibrary
(a) To direct and manage, as Chief Executive Officer,
the affairs of the POPCOM, in accordance with policies enunciated by
the Board;chanroblesvirtualawlibrary
(b) To sit in all meetings of the Board and
participate in its deliberations without the right to vote; to
recommend and upon approval by the Board, establish and maintain an
organization structure with specific functions and responsibilities for
each operating unit;chanroblesvirtualawlibrary
(c) In consultation with the Chairman and with the
approval of the Board, to appoint and fix the number, of such officials
below the deputy executive director and employees of the POPCOM as may
be necessary for the proper discharge of its functions and
responsibilities, and, to remove, suspend and otherwise discipline, for
just cause, any subordinate personnel thereof; chanroblesvirtualawlibrary
(d) To disburse, administer and obligate
appropriations of the POPCOM, subject to the approval of the Board;chanroblesvirtualawlibrary
(e) To submit annual and/or such supplemental budget
estimates to the Board of Commissioners, through the Chairman;chanroblesvirtualawlibrary
(f) To recommend, for approval of the Board,
policies, programs, and project proposals on population matters from
whatever source and to submit recommendations for the effective
coordination and implementation of approved programs and projects; and
(g) To perform such other duties as may be assigned
to him by the Board and the Chairman from time to time."
Section 6. All laws or decrees inconsistent with this
Decree are hereby repealed or modified accordingly.
DONE in the City of Manila,
this 29th day of September, in the year of Our Lord, nineteen hundred
and seventy-seven.
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