WHEREAS,
there is an urgent need to consolidate, integrate and coordinate all
the activities in the New York Area of all Philippine Government
offices and agencies which have hitherto been dispersed and separate
from each other, thereby entailing unnecessary expense and duplication
of functions;chanroblesvirtualawlibrary
WHEREAS, consistent with the human and material resources of the
Philippines, it is the objective of the New Society, among other
things, to nurture and promote Philippine Culture, to encourage foreign
tourist to visit the Philippines, to expand the comprehensive public
service domestically and abroad, and, in general, to enhance the image
of the Philippines; 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 the Armed Forces of the Philippines, and the
pursuant to Proclamation No. 1081 dated September 21, 1972, and General
Order No. 1 dated September 22, 1972, as amended, do hereby decree and
order as follows: chanroblesvirtualawlibrary
Section 1. There shall be incorporated in New York
City a Philippine Center Management Board, hereinafter called "the
Board, which shall, on behalf of the Republic of the Philippines,
acquire by purchase or by any other appropriate means a building on
Fifth Avenue, New York City, New York, U.S.A., which shall house within
its premises all the offices and agencies in New York of the Philippine
Government. Such building shall be called "The Philippine Center in New
York," hereinafter called the Center," and shall serve the purposes
stated in the second preambular paragraph.
Section 2. The Board shall have the following
composition and functions:cralaw:red
A. Composition —chanroblesvirtualawlibrary
(1) Chairman — The Philippine Consul General in New
York
(2) Vice Chairman — The Vice President and Manager
Philippine National Bank, New York Branch, who shall also be Treasurer
of the Board.
Members:
(3) A representative, not below the rank of Foreign
Service Officer, Class II, from the Philippine Permanent Mission to the
United Nations.
(4) The Philippine Commercial or Trade Promotion
Representative in New York
(5) The head of the Philippinerlines in New York
(6) The representative in New York of the Commission
on Tourism
(7) The representative in New York of the Auditor
General
(8) The Legal Counsel of the Philippine National Bank
New York Branch
(9) The Philippine Center Business Manager who shall
also be Secretary of the Board. chanroblesvirtualawlibrary
B. Functions —chanroblesvirtualawlibrary
(1) The Board shall be responsible to the President
of the Philippines for the overall operation, maintenance and
management of the Center in accordance with this Decree and sound
business practices.
(2) The Board shall meet at least once a year to
prepare and submit to the President of the Philippines, not later than
the 31st day of December of each year, its annual report on the
operations, financial position and achievements of the Center.
(3) The Board shall, in accordance with its
procedures, decide and implement policies dealing with the operations
of the Center. It may incur relevant expenditures not exceeding ten
thousand dollars ($10,000.00) provided that any single expenditure
exceeding one thousand dollars ($1,000.00) shall have the prior
approval of the Board. All expenditures in excess of $10,000.00 shall
have the prior approval of the President of the Philippines. "Approval
of the Board" means a simple majority of the entire composition of the
Board.
(4) The Board shall recommend to the President of the
Philippines, for his approval, the hiring of the services of a
professional firm in New York specializing in building maintenance and
janitorial services.
(5) The Board shall approve lease contracts for the
rentals stipulated in Section 5. All lease contracts shall be signed by
the Chairman of the Board. All lease payments shall be payable to the
"Philippine Center Management Board" and such payments shall be
promptly deposited in the Philippine National Bank for credit to the
fund provided in Section 3.
(6) The Board shall adopt the most practical and
effective arrangements for the security of personnel and the
premises. chanroblesvirtualawlibrary
(7) The Board shall have such other functions
consistent with the objectives of this Decree.
Section 3. The funds for the purchase, renovation,
maintenance and administration of the Center shall be advanced by the
Philippine National Bank from its own resources or from such other
financing arrangements as its Board of Directors may approve. Such
advance (s) shall be liquidated from the income of the Center. This
fund shall be called "the Center Fund."
Section 4. All real properties in New York owned by
the Philippine Government shall be sold by the Philippine Consul
General in New York, with the assistance of the Vice President and
Manager of the Philippine National Bank, New York Branch, at the most
advantageous prices and all the proceeds thereof shall be transferred
to and become part of the Center Fund. chanroblesvirtualawlibrary
Section 5. All Philippine Government offices or
agencies and private firms using the Center, except the Philippine
Consulate General and the Philippine Permanent Mission to the United
Nations, shall pay rent to the Philippine Center Management Board, the
rate of which rent shall be based primarily on the prevailing monthly
or annual rate per square foot in other buildings with comparable
facilities within a two-block radius of the Center.
Section 6. The Board shall appoint a Philippine
Center Business Manager, hereinafter called "the Manager," who shall be
responsible to the Board for the effective and prompt implementation of
its policies and decisions. chanroblesvirtualawlibrary
A. The following emoluments shall be paid the Manager
by the Board from the Center Fund:cralaw:red
(1) Salary — The Manager shall have an annual salary
of twelve thousand dollars ($12,000.00), with increments proportionate
to any increase in rental rates.
(2) Benefits —chanroblesvirtualawlibrary
(a) Health and hospitalization insurance equivalent
to coverage of the employees of the Philippine National Bank, New York
Branch.
(b) Social Security under U.S. law.
B. Functions:cralaw:red
(1) The Manager shall also be Secretary of the Board
and prepare the agenda for and minutes of Board meetings.
(2) He shall be the Board's direct liaison with the
New York firm stipulated in Section 2(4).
(3) He shall be responsible for the safety,
cleanliness and orderly operation of the building.
Section 7. The following shall be the floor and
assignments in the building:cralaw:red
Basement — storage area for Philippine products, cultural materials,
props and miscellaneous equipment.
Ground floor — display center for Philippine products and cultural
materials.
First floor mezzanine — Philippine National Bank and Philippinerlines.
Second floor and second floor mezzanine — auditorium/theater/community
room, library, party room.
Third and fourth floors — Commercial/Trade Representative,
Representative of the Commission on Tourism, private business firms.
Fifth Floor — Philippine Consulate General
Sixth floor — Philippine Permanent Mission to the United Nations
Seventh floor — storage space.
Section 8. The Board shall recommend to the President
of the Philippines the appointment of a Filipino architectural
consultant for the Center. Such consultant shall proceed to New York as
soon as a building is purchased and shall advise the Board and American
architects and/or building contractors on the exterior and interior
renovation work that must be undertaken in order that the Center may
project an image which is representative of the best in Philippine life
and culture.
Done in the City of Manila,
this 10th day of May, in the year of Our Lord, nineteen hundred and
seventy-three.
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