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PRESIDENTIAL DECREE NO. 1984
PRESIDENTIAL DECREE NO. 1984 -
AMENDING PRESIDENTIAL DECREE NO. 1971 CONCERNING THE REVITALIZING OF
THE PHILIPPINE SUGAR INDUSTRY REORGANIZING THE PHILIPPINE SUGAR
COMMISSION, AND FOR OTHER PURPOSES
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WHEREAS, in
the interest of optimizing benefits for the sugar produces, there has
been adopted a new policy of free enterprise trading for the sugar
industry, chanroblesvirtualawlibrary
WHEREAS, the sugar industry, in view of depressed world prices and
severe cutbacks in credits, has been reeling from the effects of
adverse conditions affecting the welfare of many Filipinos in many
parts of the country; chanroblesvirtualawlibrary
WHEREAS, the current crisis in the sugar industry amounts to a grave
emergency which affects the stability of the nation and requires
immediate action;chanroblesvirtualawlibrary
WHEREAS, the issuance of this decree is an essential and necessary
component of the national economic recovery program formulated to meet
and overcome the emergency.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the power vested in me by the
Constitution, do hereby order and decree:cralaw:red
Section 1. Second paragraph of Section 2 of
Presidential Decree No. 1971, is hereby amended to read as
follows: chanroblesvirtualawlibrary
xxx
xxx
xxx
"The Commission shall be composed of a Chairman and twelve (12)
Commissioners. The Minister of Trade and Industry, Minister of
Agriculture and Food, Governor of the Central Bank, Minister of Labor
and Employment, Minister of Finance, Director-General of National
Economic and Development Authority and Director-General of the National
Science and Technology Authority, or their duly designated
representatives, shall be ex-officio members of the Commission. The
other six Commissioners, who shall be Filipino citizens, shall be the
elected representatives of the sugar producers; Provided, however, That
four (4) of the six Commissioners shall be elected by the planters and
the other two (2) shall be elected by the millers; Provided, further,
that the four representatives of the planters shall be elected from
among themselves through an election by the various planters
associations, and the two representatives of the millers shall likewise
be elected from among themselves through an election by the individual
milling companies which were operating during the crop year 1983-1984;
Provided, finally, That the Chairman of the Commission shall be elected
by all the Commissioners from among the six elective
Commissioners." chanroblesvirtualawlibrary
Section 2. Sub-section (d) of Section 3 of
Presidential Decree No. 1971, is hereby amended to read as follows:cralaw:red
xxx
xxx
xxx
"(d) To cause the organization of a marketing agency
that shall be solely responsible for the export marketing of sugar and
shall also be engaged in the domestic traders of sugar together with
the other private sector marketing/trading companies with the objective
of maintaining the government-approved liquidation price for the
benefit of all planters and millers."
Section 3. Section 6 of Presidential Decree No. 1971,
is hereby amended to read as follows:cralaw:red
"Sec. 6. In furtherance of the purposes and
objectives this decree, the Commission shall cause the phasing out of
the National Sugar Trading Corporation (NASUTRA) as soon as possible
but not later than December 31, 1985. Further, the Commission shall
cause the organization of a private corporation to be called the
Philippine Sugar Marketing Corporation (PHILSUMA) as soon as possible
but not later than December 31, 1985. PHILSUMA will be the sole
marketing agency for sugar exports and will, in addition, engage in
domestic trading of sugar on a non-exclusive basis. PHILSUMA will be
offered for subscription to sugar producers (planters and millers) in
proportion to their actual production."
Section 4. In order to avoid conflicts of interest,
no sugar trader or miller may serve simultaneously as a Commissioner of
PHILSUCOM and as a Director of PHILSUMA.
Section 5. Since there are non-Filipino sugar
producers who will be qualified to own shares in PHILSUMA, and in order
to permit PHILSUMA to fully engage in trading in the domestic market,
PHILSUMA is hereby excluded from the purview of Republic Act No. 1180,
as amended by Presidential Decree No. 714, entitled "An Act to Regulate
the Retail Business."
DONE in the City of Manila,
this 4th day of October, in the year of Our Lord, nineteen hundred and
eighty-five.
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