WHEREAS, in
the continuing study being undertakenmed at increasing the capacity of
the government to provide adequate services for the benefit of
Philippine veterans and ex-servicemen and their dependents it has been
found that there is a need to incorporate certain amendments to
Presidential Decree No. 244 issued on July 12, 1973 to boost the
assistance potential of the government;chanroblesvirtualawlibrary
WHEREAS, said study has determined additional tangible and justifiable
forms of assistance that can be extended to intended beneficiaries;chanroblesvirtualawlibrary
WHEREAS, said study likewise has determined necessary additional powers
and funds of the Commission to enhance its effectiveness in carrying
out its functions.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all Armed Forces of the Philippines, and pursuant
to Proclamation No. 1081, dated September 21, 1972, General Order No.
1, dated September 22, 1972, as amended, in furtherance of the program
of assistance to Philippine veterans and ex-servicemen and their
dependents do hereby order and decree the amendment of Presidential
Decree No. 244 as follows: chanroblesvirtualawlibrary
Section 1. Section 1 of the said Decree is hereby
amended to read as follows:cralaw:red
"(a) To carry out the purposes of this Decree, a
Philippine Veterans Assistance Commission, hereinafter referred to as
the Commission, is hereby created. The Commission shall be a body
corporate and politic and shall be composed of the Secretary of
National Defense as Chairman, the Chief of Staff of the Armed Forces of
the Philippines as Vice-Chairman, the Administrator of the Philippine
Veterans Affairs Office, the President of the Philippine Veterans Bank
and three appointive members who shall represent the veterans group, to
be appointed by the President. The term of the appointive members shall
be for three years: Provided, That the terms of the first three
appointive members shall be one, two and three years respectively. All
vacancies, except through the expiration of the term, shall be filled
for the unexpired term only. The appointive members of the Commission
shall receive seventy five pesos per diem for each meeting actually
attended by them: Provided, That no compensation shall be paid for more
than one meeting a week.
"b. The Commission shall have under its general
supervision an Administrator who shall serve as the Chief Executive
Officer immediately responsible for carrying out the program and the
policies of the Commission. The Administrator shall be a veteran who
has had previous experience in technical and administrative fields
related to the purposes of this Decree. He shall be appointed by the
President and shall receive a salary to be fixed by the Commission with
the approval of the President.
"c. The Commission, upon the recommendation of the
Administrator, shall appoint all such other officers and personnel as
may be deemed necessary, fix their compensation, prescribe their duties
and establish such methods and procedures as may insure the efficient,
honest and economical administration of the provisions and purposes of
this Act; Provided, however, That the officers and personnel of the
Commission shall, as far as possible, be qualified veterans and/or
their dependents. chanroblesvirtualawlibrary
"d. Appointments to the Administrative and Research
Staff of any position of responsibility in the Commission may be on a
part-time basis, and shall be exempt from the requirements and
restrictions of the Civil Service Law, rules and regulations on
position-classification and salary standardization and section two
hundred fifty nine of the Revised Administrative Code: Provided, That
any government retiree employed in the Commission shall not be required
to reimburse or refund any gratuity received from the government nor
shall any pension or annuity to which he is entitled be suspended on
account of his employment in the Commission.
"e. The Commission is authorized to call upon any all
government offices, agencies, institutions and government-owned or
controlled corporations for such assistance as it may need to carry out
the purposes of this Decree."
Section 2. Section 2 of the same Decree is hereby
amended to read as follows:cralaw:red
"Sec. 2. Purposes, Powers and Duties of the
Commission:cralaw:red
(a) To establish, maintain and make available for
veterans and their dependents all such services necessary to provide
them assistance for employment, medical care, education and other
related services. To effectively and efficiently carry out this
purpose, the Commission shall coordinate with all government offices,
agencies, institutions, trustees, and foundations performing assistance
and welfare activities for veterans.
The term "veteran" refers to veterans of the Philippine Revolution,
World War II, Korean War as used by the Philippine Veterans Office and
II such other veterans as may be determined by the Commission.
The term "dependents" refers to the spouse and legitimate,
acknowledged, natural or adopted children wholly dependent upon and
living with the veterans, who are not more than twenty three years of
age or over twenty three years of age if they are incapable of
self-support because they are mentally or physically defective or
although over twenty three years of age and mentally and physically
sound are, through no fault of theirs, jobless or students. The term
"dependents" also covers parents of the veterans who are wholly
dependent upon and living with them. chanroblesvirtualawlibrary
(b) To manage, invest and otherwise deal with the
funds and financial contributions transferred or made to the Commission
by the Government and private persons such that the services to be
provided under this Act shall be financed out of the income of such
investments and cause the Commission to operate on a self-sustaining
basis.
(c) To adopt, amend and rescind, such rules and
regulations as may be necessary to carry out the provisions and
purposes of this Decree.
(d) To submit annually in January a public report to
the President covering its activities in the administration and
enforcement of this Decree during the preceding year and including
information and recommendation on Commission policies.
(e) To enter into agreements or contracts for such
service andd as may be needed for the proper, efficient and stable
administration of the Commission or in furtherance of its express
purposes.
(f) To adopt an annual budget of expenditures
including salaries of personnel against all funds available to the
Commission under this Decree.
(g) To require reports, compilations and analysis of
statistical and economic data and to make investigations as may be
needed for the proper administration of the Commission.
(h) To acquire property, real or personal, which may
be necessary or expedient for the attainment of the purposes of this
Decree.
(i) To borrow money, when necessary to achieve the
purposes of this Decree, from any bank or lending institution, which
obligation shall be guaranteed by the government of the Republic of the
Philippines; and
(j) To perform such other acts as it may deem
appropriate for the proper enforcement of this Decree.
Section 3. Section 3 of the same Decree is hereby
amended to read as follows: chanroblesvirtualawlibrary
"As the initial contribution of the Government to the Commission, there
shall be appropriated out of the General Fund, not otherwise
appropriated, the sum of One Million Pesos to meet initial expenses for
the organization and operation of the Commission and for the
achievement of the purposes of this Decree.
The Commission shall actively solicit, campaign for, and receive
contributions, donations, gifts and other valuable properties or money
from private persons and government agencies or institutions. Such
contributions, donations, gifts or transfers shall be deductible items
for income tax purposes of the donor, contributor, gift-giver, or
transferor. For this purpose, the pertinent provisions of the National
Internal Revenue Code are accordingly amended.
"To augment the funds of the Commission, the money specified in Sec.
22(b) of Republic Act No. 3518, as amended by Presidential Decree No.
236 dated July 9, 1973, shall be paid in cash to and administered by
the Commission in consonance with Sec. 2(b) of Presidential Decree No.
244: Provided, That the Commission shall structure its investment
portfolio so that such amounts necessary and needed from time to time
by the Board of Trustees of Veterans of World War II to discharge its
duties and functions provided by law can be timely release to the
latter: Provided, further, That all earnings realized from the
investment of said money shall not be disbursed for any purpose other
than that which will benefits only the cestui que trust of said Board
of Trustees."
Section 4. This Decree shall take effect upon its
approval.
Done in the City of Manila,
this 30th day of December, in the year of Our Lord, nineteen hundred
and seventy-three.
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