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PRESIDENTIAL DECREE NO. 1588
PRESIDENTIAL DECREE NO. 1588 -
ESTABLISHING A NATIONAL CARTOGRAPHY, PHOTOGRAMMETRY AND REMOTE-SENSING
CENTER, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
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WHEREAS,
there is a need to initiate, develop and implement a continuing and
integrated program of aerial photography and base mapping covering the
entire country consistent with the requirements of national development
and security;chanroblesvirtualawlibrary
WHEREAS, the mapping activities of all government agencies and private
enterprises shall be coordinated in order to optimize the utilization
of graphic data and information generated by the program; chanroblesvirtualawlibrary
WHEREAS, considering that the program will generate data, vital to the
economic and political security of the nation, stringent safeguards
should therefore be provided in the taking and use of aerial
photographs.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
decree and order the following as part of the law of the land.
Section 1. Declaration of Policy. — It is hereby
declared to be the policy of the state to:cralaw:red
a) develop a comprehensive and responsible capability
in the production and maintenance of maps, charts and similar
photogrammetry or cartographic materials; chanroblesvirtualawlibrary
b) centralize in one agency the planning,
integration, coordination and control of all such photography and
mapping production and reproduction and for this purpose all negatives
or originals and other reproducibles or by-products of such mapping
records and charts are considered the property of the state;chanroblesvirtualawlibrary
c) promote the development or establishment of common
technical standards and quality specifications in the production of
maps as well as simplified ground control points for accurate mapping
activities.
Section 2. Creation of the National Cartography,
Photogrammetry and Remote-Sensing Center. — There is hereby created a
National Cartography, Photogrammetry and Remote-Sensing Center,
hereinafter referred to as the "Center" under the supervision of the
Office of the President.
Section 3. Powers and Functions of the Center. — The
Center shall have the following powers and functions:cralaw:red
a) To formulate and implement a nationwide
development program on aerial photography, cartography and
remote-sensing map activities which shall serve the growing demands of
different levels of the public and private sectors;chanroblesvirtualawlibrary
b) To establish and implement technical standards and
quality specifications of map production and its reproduction;chanroblesvirtualawlibrary
c) To develop and maintain an effective system of, as
well as to formulate and enforce policies, regulations, standards and
other security measures with regard to the production, acquisition,
safe-keeping, dissemination and utilization of cartographic and other
mapping information, supplies and materials; chanroblesvirtualawlibrary
d) To undertake research, development and training
programs to keep abreast with state-of-the art and maximize its
capability;chanroblesvirtualawlibrary
e) To provide photogrammetry, cartographic and
remote-sensing mapping services in order to accelerate the development
of a comprehensive data bank and information systems on base maps and
charts;chanroblesvirtualawlibrary
f) To receive, take and hold by bequest, devise,
gift, purchase or lease, either absolutely or in trust for any of its
purposes from foreign and domestic sources, any asset, grant or
property, real or personal; and, notwithstanding existing provisions of
laws to the contrary, to convey such assets, grants or property, to
invest or reinvest the same and to deal with and expand its assets in
such manner as will best promote its objectives;chanroblesvirtualawlibrary
g) To prescribe, fix and collect reasonable amounts
to be charged as filing fees, inspection fees, and other administrative
or service fees necessary in the conduct of its activities or in the
attainment of the objectives of this Decree;chanroblesvirtualawlibrary
h) To enter into contracts, domestic or
foreign, under such terms and conditions as it may deem necessary and
reasonable;chanroblesvirtualawlibrary
i) To check, verify, and evaluate at
regular intervals, with the assistance of appropriate government
agencies or by any means necessary, on compliance of government and
private institutions to the provisions of this Decree, the rules and
regulations issued by the Board created under Section 4 of this Decree,
and/or the policies, standards and other security measures in the
acquisition, safekeeping, dissemination and utilization of cartographic
and other information, supplies and materials; chanroblesvirtualawlibrary
j) Promulgate appropriate rules and
regulations to attain the objectives of this Decree, as well as to
enforce the policies, standards, quality specifications and other
security measures issued by it;chanroblesvirtualawlibrary
k) To exercise such powers and authority
or perform such other activities, which are necessary for the effective
performance of the aforementioned functions and objectives.
Section 4. Executive Board. — The governance and
policy direction of the Center shall be vested in an Executive aboard,
hereinafter referred to as the "Board", which shall be composed of the
following:cralaw:red
a) The Director-General
National
Chairman
Intelligence and Security Authority
b) The Undersecretary
Department
Member
of Human Settlements
c) The Undersecretary for Home
Member
Defense Department of National
Defense
d) The Commanding General
Philippiner Force Member
e) The Commanding Officer Armed
Member
Forces of the Philippines
Mapping Center
f) The Director Bureau of Lands
Member
g) The Director Bureau of Coast
Member
and Geodetic Survey
The members of the Executive Board may designate a representative to
substitute for them whenever it may be necessary, provided that the
designation shall be made in writing, and submitted to the Chairman.
The Board shall meet as often as is necessary on such day (s) as it may
fix. Special meetings may be convoked upon the call of the Chairman or
upon written request of at least two (2) of its members. The presence
of three (3) members shall constitute a quorum, and all decisions shall
require the concurrence of at least three (3) members.
Section 5. Powers and Functions of the Executive
Board. — The Board shall have the following powers and functions:cralaw:red
a) To exercise all the powers and functions of the
Center as herein provided in this Decree.
b) To promulgate and prescribe policies, rules,
regulations, standards, penalties, fines and other security measures
related to the performance of the functions and powers of the Center.
c) To approve the organizational structure, staffing
pattern and the budget of the Center upon the recommendation of the
Executive Director, created in Section 6 of this Decree.
d) To appoint, discipline and remove all the
technical staff and other personnel of the Center: Provided, That the
appointments of personnel below the rank of Director shall be made by
the Executive Director in accordance with the staffing pattern approved
by the Board: Provided, further, That the Board may empower the
Executive Director to engage on contractual basis or other arrangements
for the temporary services, and fix compensation, of highly qualified
professionals, experts, technical advisers or consulting firms.
e) To make and approve contracts, establish and
determine the location of its principal office, and other regional or
local branch offices as it may deem necessary, and to prescribe rules
to govern its proceedings.
f) To exercise such functions and powers necessary to
the attainment of the objectives of the Decree.
Section 6. Office of the Executive Director. — The
Executive Director shall be the chief operating officer of the Center
and shall perform such functions and responsibilities as may be
determined by the Board. Upon recommendation of the Board, he shall be
appointed by the President of the Philippines. He must be a Filipino
citizen, at least thirty-five (35) years of age, of good moral
character and with recognized competence in photogrammetry, cartography
and remote-sensing. Unless otherwise provided by the President, the
Executive Director shall receive a compensation of Sixty Thousand Pesos
(P60,000.00) a year.
The Executive Director shall be assisted by one (1) Assistant Executive
Director for Technical Services and Plans and by one (1) Assistant
Executive Director for Operations.
Section 7. Functions and Responsibilities of the
Executive Director. — The Executive Director shall have the following
functions and responsibilities:cralaw:red
a) Prepare and submit for consideration of the Board
a comprehensive national development program.
b) Carry out the functions of the Center in
accordance with the guidelines set by the Board.
c) Prepare and submit periodic reports to the Board
containing the program of activities and financial operations of the
Center.
d) Prepare and submit annual work programs and budget
estimates for approval of the Board.
e) Submit for the consideration of the Board policies
and measures which it believes are necessary in the pursuit of the
objectives of the Center.
f) Subject to the approval of the Board, determine
the staffing pattern and number of personnel of the Center, define
their duties and responsibilities, and fix their salaries and
remunerations. chanroblesvirtualawlibrary
g) Perform such other functions as may be directed
from time to time by the Board.
Section 8. Assistance from Other Government Agencies.
— The National Photogrammetry and Cartography Committee created under
LOI 613 shall provide technical assistance to the Center. In addition
existing photogrammetric, cartographic and mapping activities of all
government agencies and private enterprises such as the Natural
Resources Management Center of the Department of Natural Resources, the
Philippine Communications Satellite, Inc. (Philcomsat), and others
shall be undertaken in accordance with, and coordinated for integration
into, the national policies and development programs promulgated by the
Center.
Likewise, the Center may call upon any department, office, agency or
instrumentality of the government or any of its political subdivisions
for such assistance as it may need in carrying out its duties,
functions, and objectives. For this purpose and in addition to such
personnel as it may directly hire or contract for, the Center is hereby
authorized to form and constitute a pool of highly technical and other
personnel from any and all offices and agencies of the government for
detail or assignment to the Center. Such personnel are authorized to
receive honoraria, compensation allowances and other incentives as the
Board may prescribe.
Section 9. Security Measures. — The Center shall
declare any aerial photographs, maps and other reproducible materials
as classified materials if in its opinion, the disclosure of the same
is inimical to the security of the State. As such all negatives and
reproducibles of classified aerial photographs be deposited with the
Center.
In pursuance of the security needs of the Center, it is hereby
authorized to establish direct procurement offices abroad to facilitate
acquisition of necessary supplies and equipment.
Section 10. Tax Exemptions. — Photogrammetric,
cartographic and remote-sensing materials, equipment, supplies, spare
parts and other related facilities, imported or purchased locally by
the Center, shall be exempt from all the taxes, including tariff and
customs duties, imposed by the Republic of the Philippines or any of
its political subdivisions.
Section 11. Borrowing Power. — The Center is hereby
authorized to incur indebtedness and borrow funds from any foreign
government and other public or private financial institutions in such
amounts as from time to time may be required for its operations as well
as to issue bonds, promissory notes, debentures, certificates of
indebtedness, and other debt instruments in foreign currency under such
terms and conditions as it shall deem proper and necessary. Subject
only to the approval of the President of the Philippines and the
Secretary of Finance, all such foreign indebtedness shall be
automatically guaranteed by the government of the Republic of the
Philippines. No part of the proceeds of such foreign borrowings shall
be used for the operating expenses of the Center. chanroblesvirtualawlibrary
Section 12. Appropriations. — To carry out the
objectives of this Decree, there is hereby appropriated out of any
funds from the National Treasury not otherwise appropriated the amount
of One Million Pesos for CY 1978.
Thereafter, the appropriations for the Center shall be included in the
General Appropriations Act.
Section 13. Penalties. —
a) Any person convicted for the unauthorized sale,
use or improper disposition of classified aerial photographs and/or its
reproducibles covering any installation or any part within the
territorial limits of the Philippines shall be punished by imprisonment
from six (6) months to six (6) years, or shall pay a fine not exceeding
TEN THOUSAND PESOS (P10,000.00) or both as the court may direct, unless
a higher penalty is imposed by other laws, in which case the penalty
provided for by such other law shall be imposed.
b) Any violation of the provisions of this Decree or
of the duly published directives, rules and regulations of the Council
shall be punished by a fine not exceeding TEN THOUSAND PESOS
(P10,000.00) at the discretion of the Board.
Section 14. Repealing Clause. — Presidential Decree
No. 1178, dated 12 August 1977 and all provisions of existing laws,
decrees, executive orders and regulations contrary to or inconsistent
with this Decree are hereby repealed or modified accordingly.
Section 15. Separability Clause. — The provisions of
this Decree are declared to be separable and if any provisions or the
application thereof is held invalid or unconstitutional, the validity
of the other provisions shall not be affected.
Section 16. Effectivity Clause. — This Decree shall
take effect upon its approval.
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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