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PRESIDENTIAL DECREE NO. 1520
PRESIDENTIAL DECREE NO. 1520 -
FURTHER AMENDING PART IX OF THE INTEGRATED REORGANIZATION PLAN, AS
AMENDED BY PRESIDENTIAL DECREES 488 AND 769 CREATING THE DEPARTMENT OF
INDUSTRY
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chanroblesvirtualawlibrary
WHEREAS,
active participation by the government is necessary to accelerate
industrial growth in various sectors of industry and the different
regions of the country; chanroblesvirtualawlibrary
WHEREAS, the development of small and medium industries creates
permanent employment opportunities and mobilizes human, financial and
physical resources especially in the non-urban areas which may
otherwise remain unutilized, promotes rural industrialization and
expands the middle class sector of the economy;chanroblesvirtualawlibrary
WHEREAS, additional industrial policy instruments are needed to help
cope with abrupt and unforeseen changes in world economic conditions
that hamper the stability of and progress of industrial development,
and to maintain the responsiveness of Philippine industry to the needs
of the economy and the people;chanroblesvirtualawlibrary
WHEREAS, to attain the above objectives, there is need to restructure
its operating units and to strengthen the powers of the Department of
Industry;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
as part of the law of the land the following: chanroblesvirtualawlibrary
Section 1. Paragraph b, Section 3 of Presidential
Decree No. 488 is further amended to read as follows:cralaw:red
"The Department shall have the following powers and functions:cralaw:red
a. .
b. Encourage, guide and, if necessary, regulate the
establishment, growth and expansion of industries and firms within
these industries; and for this purpose, (1) it may, after due notice
and hearing, establish orderly marketing arrangements for locally
produced and imported manufactured goods, and for raw materials used by
manufacturing and construction industries, including the adoption of
measures to regulate the import or export of a particular manufactured
product, or industrial material: provided, such marketing arrangements
shall require approval by the National Economic and Development
Authority if its duration exceeds three (3) months; and that such
action is immediately appealable to the said Authority without stay of
execution pending approval; (2) it may formulate the appropriate
mechanics to guide and regulate transfer of industrial technology in
the country; (3) it may require registration of firms above a specified
size in any or all industrial sectors or of specific industry
groupings, for licensing purposes, or as a condition to the firm's
availment of financial, fiscal or other incentives or assistance from
the government; and (4) it may adopt other regulatory measures deemed
necessary to carry out the aforestated functions after consultation
with appropriate agencies." chanroblesvirtualawlibrary
Section 2. Paragraph e, Section 3 of Presidential
Decree No. 488 is further amended to read as follows:cralaw:red
"e. Coordinate with other government agencies,
particularly the Department of Trade, in the formulation and
implementation of measures to increase exports of manufactured
products, and to enforce quality standards for manufactured goods; for
this purpose, it shall assume responsibility and authority for the
establishment, review and enforcement of quality standards, for
specific manufactured products so designated by the National Economic
and Development Authority through the formation or designation of the
appropriate bodies equipped to perform specific testing and inspection
activities."
Section 3. Reconstitution of the Commission on Small
and Medium Industries. — Section 6 of Presidential Decree No. 488, as
amended by Presidential Decree No. 769, is hereby amended, to read as
follows:cralaw:red
"Sec. 6. Commission on Small and Medium Industries.
— There is hereby created in the Department, a Commission on Small and
Medium Industries, which shall among others be responsible for
coordinating policies and programs for technical, marketing, purchasing
and promotional assistance rendered by various government agencies, to
small and medium scale industries. For this purpose, it shall set up
programs and plans for an integrated approach in the promotion of small
and medium scale industries, as well as conduct studies, surveys and
researches in connection therewith, for the consideration of the member
agencies represented in the Commission and other agencies in government
involved in small and medium industries. The following agencies shall
be duly represented in the Commission: chanroblesvirtualawlibrary
1. Department of Local Government and Community
Development — for coordination with local governments
2. Department of Trade — for the establishment of
marketing infrastructure for small & medium industries
3. U.P. Institute for Small Scale Industries — for
entrepreneurial & managerial training
4. National Power and Youth Council — for technical
& skills training
5. Development Bank of the Philippines — for direct
financing assistance
6. National Economic and Development
Authority/Industrial Guarantee and Loan Fund — for credit and loan
guarantee program
7. Central Bank of the Philippines/Rural Banks — for
credit and financing policies
8. Department of Agriculture — for agro-industrial
project development
9. Department of Natural Resources — for utilization
of natural resources in small & medium industries
10. National Science and Development Board — for
technology research and assistance chanroblesvirtualawlibrary
11. Bureau of Small and Medium Industries — for
identifying the opportunities and assisting in setting up small and
medium industries
Each of the above agencies shall nominate a senior official for the
purposes of coordination, consultation and liaison. They shall also
represent their offices in Commission meetings, which shall meet twice
a month with appropriate per diems for such attendance. For a fuller
integration of policies and programs on small and medium industries,
other agencies involved in providing assistance to or exercising
licensing or other functions over individual activities of said
industries may be requested from time to time to coordinate with the
Commission with respect to their respective programs affecting small
and medium industries.
The Commission shall be headed by one of the Undersecretaries of the
Department as Chairman to be assisted by a Vice-Chairman or
vice-chairmen designated by him from among the representatives of the
agencies represented in the Commission Administrative authority and
responsibility for all the Commission projects and programs shall be
vested in the Chairman of the Commission."
Section 4. Section 6-A is hereby added to
Presidential Decree No. 488, as amended to read as follows: chanroblesvirtualawlibrary
"Sec. 6-A. Bureau of Small and Medium Industry. —
There is hereby created in the Department, a Bureau of Small and Medium
Industries, which shall be responsible for providing direct functional
assistance to entrepreneurs to accelerate the growth and development of
small and medium industries to their full potentials and opportunities.
The Bureau shall establish regional centers to provide small and medium
industries with comprehensive program of consultancy assistance on
regional projects. It shall also identify the opportunities for and
promote the organization of small and medium industry projects in the
countryside. For this purpose, the Bureau shall provide assistance to
small industry entrepreneurs in their preparation of required project
documentation, particularly in raising financing for new projects, or
expansion of existing enterprises, engaged in small and medium industry
production operations."
"The Bureau may set up divisions as may be necessary to carry out these
functions."
Section 5. Section 7-A is hereby added to
Presidential Decree No. 488, as amended to read as follows:cralaw:red
"Sec. 7-A. Technology Transfer Board. — There is
hereby created a Technology transfer Board within the Department of
Industry composed of representatives, with rank not less than a
Director, from the National Economic and Development Authority, Central
Bank of the Philippines, National Science and Development Board,
Technology Resource Center, Board of Investments and Patents Office
under the Chairmanship of the Secretary of Industry or his
representative, which shall have the following functions:cralaw:red
a. Formulate policies, including a system of
priorities, which would promote an integrated approach to the
developmental and regulatory rules of the government in the field of
technology transfer; chanroblesvirtualawlibrary
b. Issue rules and regulations for the effective,
efficient and economic implementation of policies and guidelines
relative to technology transfer;chanroblesvirtualawlibrary
c. Establish a system for coordinating all
governmental activities on technology transfer and ensure continuing
and meaningful interaction among various government agencies,
particularly with respect to the determination of the impact of
technology transfer on national development;chanroblesvirtualawlibrary
d. Serve as forum for the continuing interchange of
ideas and information among the concerned government agencies, the
private sector and the general public on policy issues, problems and
alternative approaches relating to technology transfer; and
e. Perform such other functions as may be necessary
for the accomplishment of its objectives.
In the performance of the above functions, the Board assisted by a
technical staff, shall formulate its rules and regulations, such as
requiring registration of technology transfer arrangements entered into
directly or indirectly with foreign companies or foreign-owned
companies and impose appropriate sanctions for the implementation of
its rules and regulations."
Section 6. Revised Staffing Pattern. — The
Department shall have the personnel complement necessary to carry out
all the functions assigned to it and shall submit the corresponding
staffing pattern to the Budget Commission for review and approval.
Section 7. Repeal. — Any and all acts, statutes,
decrees, rules, regulations or part thereof inconsistent herewith are
hereby repealed or modified accordingly. The provisions of Sec. 33-A, B
and C of Republic Act 165, as amended is specifically repealed in so
far as industrial technology is concerned. chanroblesvirtualawlibrary
Section 8. Effectivity. — This Decree shall take
effect immediately.
DONE in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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