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PRESIDENTIAL DECREE NO. 1289
PRESIDENTIAL DECREE NO. 1289 -
CREATING THE NATIONAL YOUTH AND SPORTS DEVELOPMENT FOUNDATION OF THE
PHILIPPINES, DEFINING ITS OBJECTIVES, POWERS, FUNCTIONS AND
RESPONSIBILITIES AND FOR OTHER PURPOSES
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WHEREAS, it
is the declared objective of the Government to pursue and implement a
program of total youth and sports development;chanroblesvirtualawlibrary
WHEREAS, on December 10, 1974, the Department of Youth and Sports
Development (DYSD) was created under Presidential Decree No. 604 to
integrate nationwide youth development and amateur sports development
programs;chanroblesvirtualawlibrary
WHEREAS, while the DYSD is the primary government instrumentality
tasked with youth programs and development, it needs as much assistance
as it can secure, especially from the private sector, in view of the
nature and magnitude of its area of involvement;chanroblesvirtualawlibrary
WHEREAS, there is a need to support youth and sports development
programs and projects through the provision of materials, equipment,
human resources, management, financing and related services, channeled
through an institution designed to supplement such a Department;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
pursuant to the powers vested in me by the Constitution, do hereby
order and decree, as part of the law of the land, as follows:cralaw:red
Section 1. Name Location. — There is hereby created a
body corporate to be known as the National Youth and Sports Development
Foundation of the Philippines, hereinafter referred to as the
Foundation, with its main executive offices in Metro Manila.
Section 2. Purposes and Objectives. — In general, the
Foundation, as a non-municipal public corporation, shall render maximum
assistance primarily to the DYSD in the attainment of the defined tasks
and objectives of the department. In addition, the Foundation shall
have following purposes and objectives:cralaw:red
a) To promote total youth and sports development, in
a manner consistent with the guiding philosophies of the New Society;chanroblesvirtualawlibrary
b) To supplement the effects of government agencies
in youth leadership and sports training and provide meaningful
employment opportunities for the youth;chanroblesvirtualawlibrary
c) To promote, carry on and conduct scientific
interdisciplinary, and policy-oriented research, studies, training,
scholarships, consultancy, and printing and publication of any youth
and sports endeavor;chanroblesvirtualawlibrary
d) To undertake the construction of, develop and
maintain sports complexes and recreational centers and facilities for
youth activities, projects and programs;chanroblesvirtualawlibrary
e) To encourage and assist in the organization of
youth and sports groups, associations and societies; and
f) To undertake such projects and activities as may
be necessary or incidental to the attainment of its general objective.
Section 3. Establishment of a National Youth and
Sports Development Fund. — All properties of the Foundation, real and
personal, shall belong to and be managed exclusively by it for the
benefit of the Filipino people. All income that may be derived from its
programs and projects and such contributions thereto shall constitute a
National Youth and Sports Development Fund which shall be invested or
utilized for such purposes as its governing board may decide upon to
attain the objectives of this Decree.
Section 4. Corporate Powers. — To fulfill its
purposes, the foundations shall have the following powers:cralaw:red
a) To have perpetual succession and power to such and
be sued;chanroblesvirtualawlibrary
b) To adopt and use a seal and alter it at its
pleasure;chanroblesvirtualawlibrary
c) To take and hold by request, devise, gift,
purchase, or lease, either absolutely or in trust for any of its
purposes, any property, real or personal, without limitations as to
amount or value; to convey such property and to invest or reinvest any
principal thereof and to deal with and expend the income therefrom for
any of the above-mentioned purposes, subject to such limitations as may
be contained in the donation instrument; Provided, however, That the
investment or reinvestment policies of the Foundation are in accordance
with sound corporate investment practices;chanroblesvirtualawlibrary
d) To make or enter into contracts of every name,
kind and nature and to execute all the instruments necessary or
convenient to promote the objective of the Foundation; and
e) Transact such business, exercise such power and
authority as may be directly or indirectly necessary, suitable or
proper for the accomplishment of any of the purposes or objectives of
the Foundation.
Section 5. Domicile. — The principal office of the
Foundation shall be established in Metropolitan Manila. The Foundation
may also have branches or offices at such other place or places within
or without the Philippines as the operation and activities of the
Foundation may require.
Section 6. Board of Trustees. — The governing powers
and authority of the Foundation shall be vested in and exercised by a
Board of Trustees, which shall be composed of one Chairman who shall be
the President of the Philippines and six (6) members, three
representatives each from the government and the private sector, all of
whom shall be appointed by the President.
The trustees shall not receive any compensation or remuneration for
their services as such, but they may be reimbursed for actual expenses
incurred in discharging the business of the Foundation.
Section 7. Responsibilities of the Board. — In the
exercise of the powers granted to it under this Decree, the Board of
Trustees shall:cralaw:red
a) Promulgate and adopt policies, rules and
regulations as it considers necessary for the effective discharge of
its responsibilities;chanroblesvirtualawlibrary
b) Appoint the President, and one or more
Vice-Presidents to assist the President, in the administration of the
affairs of the Foundation; and
c) Review periodically the administration and
programs of the Foundation.
Section 8. President of the Foundation. — The Board
of Trustees shall appoint a President of the Foundation who shall be
its chief executive officer and shall receive such compensation and
remuneration to be fixed by the Board. He shall have the following
powers and duties:cralaw:red
a) Executive and administer the policies, plans, and
programs, and the rules and regulations, approved or promulgated by the
Board of Trustees;chanroblesvirtualawlibrary
b) Create such committees and/or offices as may be
necessary to assist in the financial, planning and operational
requirements of the Foundation;chanroblesvirtualawlibrary
c) Submit for the consideration of the Board of
Trustees the policies plans and programs which he deems necessary to
carry out the purposes of the Foundation;chanroblesvirtualawlibrary
d) Recommend coordinate and administer the programs
and project of the Foundation;chanroblesvirtualawlibrary
e) Direct and supervise the operation and internal
administration of the Foundation, and to delegate some or any of its
administrative responsibilities in accordance with the rules and
regulations of the Foundation;chanroblesvirtualawlibrary
f) Appoint other officers and employees of the
Foundation, fix their remuneration, allowances and other emoluments,
the conditions and terms of employment as may deemed necessary,
discipline and remove them for cause and establish and maintain a
recruitment and merit systems, subject to the approval of the Board;chanroblesvirtualawlibrary
g) Submit the annual report of the Board of Trustees
setting forth the work of the Foundation during the year, its financial
operations and status, and a program and budget for the ensuing year;
and
h) Exercise such other powers and to discharge such
other functions as may be vested in him by the Board of Trustees.
Section 9. Management Support. — To ensure an
effective policy and programs coordination, the Department of Youth and
Sports Development shall provide the necessary management staff support
as may be needed by the Foundation to attain its defined objectives.
Section 10. Government Donation. — To help carry out
the provisions of this Decree, the National Government may allocate
(P5,000,000.00) by way of donation to the Foundation.
For this purpose, the amount of P5 million out of the General Fund is
hereby authorized to the appreciated and shall be released to the
Foundation upon the availability of funds.
Section 11. Exemption from Taxes. — Any donation,
contribution, bequest, subsidy or financiald which may be made to the
Foundation shall be exempt from taxes of any kind, and shall constitute
allowable deductions in full from the income of the donor or giver for
income tax purposes.
Foreign contributions or donations to the Foundation shall constitute
allowable deductions in full from the income tax of the branch,
affiliate or subsidiary corporation of the donor doing business in the
Philippines.
The Foundation, its assets, acquisition, income and its operations and
transaction shall be exempt from any and all taxes, fees, duties, dues,
charges, imposts, licenses and assessments, direct or indirect, imposed
by the Republic of the Philippines or any of its instrumentality,
political subdivision or taxing authority thereof, any provision of
existing laws to the contrary notwithstanding.
Section 12. Non-Applicability of WAPCO Standard and
Scales; Exemption from Civil Service Rules and Regulations. — The
Foundation shall not be subject to standards and salary scales
prescribed by the Wage and Position Classification Office. The
Foundation shall likewise be exempt from Civil Service rules and
regulations.
Section 13. Disposition and Assets Upon Dissolution.
— In the event of dissolution of the Foundation, its remaining assets,
after the return of the government's donation and payment of other
liabilities, shall be disposed of and turned over to any foundation or
institution dedicated to the same or similar pursuits as the
Foundation, or to the Republic of the Philippines or any of its
agencies or instrumentalities, as the Board of Trustees may determine.
Section 14. Repealing Clause. — All laws, executive
orders, administrative issuances, rules and regulations inconsistent
with the foregoing provisions are hereby repealed or accordingly
modified.
Section 15. Separability Clause. — If any provision
of this Decree is declared invalid or unconstitutional, the remainder
thereof shall not be affected.
Section 16. Effectivity. — This Decree shall take
effect immediately.
DONE in the City of Manila,
this 25th day of January, in year of Our Lord, nineteen hundred and
seventy-eight.
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