WHEREAS,
the pressing need for economic growth requires that Philippine exports
be more competitive in the world markets and that the cost of imports
and domestic production and consumer prices be rationalized;chanroblesvirtualawlibrary
WHEREAS, the objectives can be obtained faster by facilitating the
movement of goods to, from and within the Philippines at reasonable and
stable freight rates and other terms of shipment; and
WHEREAS, it is necessary to organize the Philippine shippers into a
cohesive group to enable them to promote and protect their common
interest and the economy and to negotiate with foreign shipping
interests from position of strength for reasonable freight rates and
optimum shipping terms; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1, dated September 22, 1972, as amended, in order to
effect the desired changes and reforms in the social, economic and
political structure of our society, do hereby order and decree as part
of the laws of the land the following:cralaw:red
Section 1. Title. — This decree shall be known as the
Philippines Shippers' Council Decree of 1973.
Section 2. Statement of policy; creation and
composition of the Philippine Shippers' Council. — It is hereby
declared the policy of the State to facilitate the development and
growth of Philippine foreign trade and the national economy by
enhancing the interest of Philippine shippers. For this purpose, a
non-stock corporation to be known as the Philippine Shippers' Council,
hereinafter referred to as the Council, is hereby created which shall
be composed of all enterprises regularly engaged in the Philippines in
the business of exporting commodities, except those firms with
efficient chartering operations which shall be given the option to join
as members of the Council, as well as other firms which may, in the
general interest, be excluded under rules to be promulgated by the
Secretary of Trade and Tourism.
Section 3. Purposes and powers. — The Philippine
Shippers' Council, which shall have its head office in the Greater
Manila area, shall have the following purposes and powers;chanroblesvirtualawlibrary
a. Promote and protect the common interest of
Philippine exporters, importers and other commercial users of water
transport, and maintain and foster close cooperation and mutual
assistance among them; chanroblesvirtualawlibrary
b. Conduct consultations and negotiations, on behalf
of the members, with shipping companies, associations of shipping
interests, government authorities and other institutions and persons,
whether foreign or domestic, in order to secure appropriate vessels for
the shipment of their goods, on time and at reasonable rates and other
favorable shipping terms;chanroblesvirtualawlibrary
c. Facilitate consultations, mediate and/or arbitrate
disputes between members and between members and non-members;chanroblesvirtualawlibrary
d. Serve as clearing house of information on shipping
services and other matters of interest to Philippine shippers;chanroblesvirtualawlibrary
e. Bring to the attention of the government
authorities the laws, policies, rules and practices which hamper the
healthy development of Philippine trade and commerce, especially those
which serve to delay or obstruct the speedy, economical and efficient
carriage of merchandise, and recommend and work for appropriate
legislation and the adoption of remedial measures;chanroblesvirtualawlibrary
f. Maintain and develop close relationships and enter
into mutually-beneficial arrangements with shippers' councils and
other related organizations in Asian and other countries for the
attainment of the objectives of the Council;chanroblesvirtualawlibrary
g. Adopt a corporate seal, sue and be sued, receive
donations and grants from international and domestic organizations,
exercise the general corporate powers, and do all things necessary,
suitable or convenient for the accomplishment of any of the objectives
stated herein or the promotion, directly or indirectly, of the interest
of the corporation; and
h. Attend, participate and/or present its views in
meetings concerning promulgation of national shipping policies and
government assistance in promoting the export and import trades, in
securing reasonable freight rates from international shipping
conferences and non-conference lines and trampers and in obtaining
favorable tariff and customs treatment for Philippine commodities
entering foreign markets.
Section 4. Governing board. — The Council shall be
governed by a Board of Directors consisting of fifteen members, eight
of whom shall be appointed by the President of the Philippines from
nominees of major commodity groups into which the members shall be
classified. The remaining directors shall be elected by the members of
the Council. The term of office of the members of the Board shall be
three years and they may be re-appointed or re-elected, as the case may
be. The members of the Board shall elect from among themselves a
Chairman and a Vice-Chairman: Provided, That, during the first two
years of the Council, the Secretary of Trade and Tourism shall serve as
Chairman of the Board. chanroblesvirtualawlibrary
a. The Board shall prescribe guidelines and rules for
compliance by the members, which shall enhance the collective strength
of the Council, promote ethical conduct among the members and provide
for effective management of the affairs of the Council.
b. The Board shall approve an annual and such
supplemental budgets as may be necessary for the administration and
operation of the Council.
Section 5. Sources of funds. — The members shall pay
such fees, dues and other contributions as the Board of Directors may
determine. However, in order to assist it during its formative years,
the amount of Two hundred and fifty thousand pesos is hereby
appropriated annually for two years from the general funds of the
National Government as counterpart contribution for the administration
and operation of the Council.
Section 6. Assistance of financial and other
agencies. — The Central Bank of the Philippines, the Development Bank
of the Philippines, the Philippine National Bank, the Philippine Export
Credit Insurance and Guarantee Corporation, the Board of Investments,
the Bureau of Customs, the Philippine Coast Guard and other government
offices and instrumentalities as well as private financial institutions
are hereby enjoined to extend the necessary assistance to the Council
and its members, particularly in the extension of incentives, credits,
financing and facilities. During its first two years, the Council,
while operating as a private corporation, shall be attached to the
Department of Trade and Tourism, through the Secretary, for direction
and supervision and coordination of the efforts of government
authorities to assist the Council.
Section 7. Council Secretariat. — The Council shall
have a secretariat to be headed by an Executive Secretary who shall be
appointed by the Board for a term of six years.
Section 8. Implementing rules. — The Secretary of
Trade and Tourism shall promulgate the necessary rules and regulations
to implement this Decree.
Section 9. Repealing Clause. — All provisions of
existing laws, orders and rules which are contrary to or inconsistent
with this Decree are hereby repealed or modified accordingly.
Section 10. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 31st day of March, in the year of Our Lord, nineteen hundred and
seventy-three.
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