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PRESIDENTIAL DECREE NO. 1444
PRESIDENTIAL DECREE NO. 1444 -
FURTHER AMENDING PRESIDENTIAL DECREE NO. 15 AS AMENDED BY PRESIDENTIAL
DECREE NO. 179, ENTITLED "CREATING THE CULTURAL CENTER OF THE
PHILIPPINES, DEFINING ITS OBJECTIVES, POWERS AND FUNCTIONS AND FOR
OTHER PURPOSES"
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WHEREAS, to
enable the Cultural Center of the Philippines to carry out the
objectives for which it was created by Presidential Decree No. 15 dated
October 5, 1972, as amended by Presidential Decree No. 179 dated April
26, 1973, it has been vested with appropriate powers and prerogatives;
and
WHEREAS, for a more effective exercise of such powers and prerogatives,
it is imperative that such be expanded and clearly defined;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:cralaw:red
Section 1. Paragraph (a), Section 2 of Presidential
Decree No. 15, as amended by Presidential Decree No. 179, is hereby
amended to read as follows:cralaw:red
"(a) To construct, establish and maintain a national
theater, a national music hall, an art gallery and such other buildings
and facilities as are necessary or desirable for the holding of
conference, seminars, concerts and the like;"
and a new paragraph is hereby added to said Section 2 of the same
Decree, to be known as paragraph (f), which shall read as follows:cralaw:red
"(f) To bring into the country foreign artists
whenever in the opinion of the Center, performance by such artists
would enhance the country's cultural development."
Section 2. Section 3 of the same Decree is hereby
amended to read as follows:cralaw:red
"Sec. 3. Nature. — The corporation hereby created
shall be a non-municipal public corporation. Its property, real and
personal, shall belong to and be managed exclusively by the corporation
for the benefit of the Filipino people. Any income that may be derived
from its projects and operations and any contributions it may receive
shall be invested in a Cultural Development Fund set up to attain the
objectives of this Act, or utilized for such purposes as its governing
board may decide upon, consistent with the purposes herein provided. It
shall enjoy autonomy of policy and operation but may seek the
assistance and operation of various government offices in the pursuit
of its objectives including the detail to the Center of officials and
employees of other offices on full-time or part-time basis. Said
officials and employees may receive honoraria, allowances and other
emoluments which the Center may grant, provided that they are in
accordance with the provisions of Presidential Decree No. 985 and other
laws, rules and regulations applicable to honoraria and allowances to
government employees." chanroblesvirtualawlibrary
Section 3. A new paragraph is hereby added to
Section 4 of the same Decree as last paragraph thereof, which shall
read as follows:cralaw:red
"Sec. 4. General Corporate Powers. —chanroblesvirtualawlibrary
xxx
xxx
xxx
"Furtherance, the Center may construct, establish, operate and maintain
a trade center, hotel and such other buildings and facilities;
Provided, That whatever income that may be derived therefrom shall be
invested in the Cultural Development Fund, or utilized for such other
purposes as its governing board may decide upon, consistent with the
purposes and objectives of the Center as provided in Section 2 of this
Decree."
Section 4. A new paragraph is hereby added to
Section 7 of the same Decree, to be designated as paragraph (e)
thereof, which shall read as follows:cralaw:red
"(e) Book of Account. —The books of accounts and
financial transactions of the Cultural Center shall be subject only to
post audit by the Chairman of the Commission on Audit or his duly
authorized representative." chanroblesvirtualawlibrary
Section 5. A new sentence is hereby added to Section
11 of the same Decree, as last sentence thereof, which shall read as
follows:cralaw:red
"Sec. 11. Finances. —.Government revenues
accruing to the Cultural Center of the Philippines shall be subject to
the approval of Special Budgets as provided by P.D. No. 1177."
Section 6. Section 13 of the same Decree is hereby
amended to read as follows:cralaw:red
"Sec. 13. Tax-Exemption. — The provisions of Section
1205 of the Tariff and Customs Code, as amended by Presidential Decree
No. 34 dated October 28, 1972, Section 190 of the Tax Code, as amended
by Presidential Decree No. 69 dated November 24, 1972, and other
existing laws notwithstanding, the Center shall be exempt from all
forms of taxation whatever including withholding taxes on fees paid to
foreign artists passed on to the Center by contract, and from duties
and all other imposts on any equipment, articles, goods, or services
that it may import from abroad, which may be reasonably necessary for
use in or in part of its operations. This exemptions shall not include
income tax exemption for operating profit-making business ventures such
as the hotel."
Section 7. If any clause, paragraph, or part of this
Decree shall be adjudged to be invalid, the same shall not affect,
impair or invalidated the other provisions thereof.
Section 8. All laws, decrees, orders, rules and
regulations inconsistent herewith are hereby repealed or modified
accordingly. chanroblesvirtualawlibrary
Section 9. This Decree shall take effect immediately.
Done in the City of Manila,
this 10th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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