WHEREAS, it
is the declared policy of the government to strengthen the
socio-economic development in the field of commercial activities by
vigorous export promotion to generate foreign exchange and by effective
domestic trade and marketing programs; chanroblesvirtualawlibrary
WHEREAS, with the creation of a separate Department of Tourism and a
Department of Industry, the role and scope of activities of the
Department of Trade necessitate a redefinition; and
WHEREAS, there is an urgent need to realign government efforts toward
export and trade promotion for greater effectiveness.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the constitution, do hereby
adopt, approve and make as part of the law of the land the amendment to
the provisions of Part IX of the Integrated Reorganization Plan by
reconstituting the Department of Trade.
Accordingly, Part IX of the Integrated Reorganization Plan is hereby
amended to read as follows: chanroblesvirtualawlibrary
Section 1. Department proper. — The Department of
Trade, hereinafter referred to in this Decree as the Department, shall
be responsible for the promotion, development, expansion, regulation
and control of foreign and domestic trade and in pursuance of this
responsibility shall be empowered and authorized to issue such rules
and regulations and adopt such measures as to:cralaw:red
a) consolidate and/or coordinate all functions and
efforts in particular and development of foreign trade in general;chanroblesvirtualawlibrary
b) maintain reasonable allocation/distribution as
between domestic and export market through export retention, export
allocation, export subsidy, pricing, export ban and other schemes and
measures to ensure price stability and supply availabilities of
essential commodities in the local market; chanroblesvirtualawlibrary
c) regulate the import of essential consumers and
producers' items a view to enhancing availability at fair and
competitive prices to end-users; and
d) promote and regulate domestic trade, marketing and
distribution to ensure the rational, economic and steady flow of
commodities from producing and/or marketing centers to areas in
short-supply through the support of centralized buying operations,
terminal markets and large scale and economical distribution systems
organized by the public or private sector.
Authority and responsibility for the Department is vested in the
Secretary of Trade, hereinafter referred to as the Secretary. He shall
be assisted by only one Undersecretary.
The following are created in the Department Proper: (1) Planning
Service; (2) Financial and Management Service; (3) Administrative
Service; and (4) Legal Service.
Section 2. Bureau of Domestic Trade. — The Bureau of
Domestic Trade shall, among others, consolidate functions pertaining to
local commerce and the protection of the consuming public.
There are created the following divisions in the Bureau of Domestic
Trade:cralaw:red
a) Trade Nationalization Division which shall
implement the provisions of Republic Act Numbered One Thousand Three
Hundred Eighteen, Republic Act Numbered One Thousand One Hundred Eighty
and all such laws relating to the regulations of retail trade and other
business in Filipino citizens; chanroblesvirtualawlibrary
b) Domestic Trade Promotion Division which shall
stimulate domestic commerce, establish trade relationship among
businessmen and encourage the organization of merchant groups among
Filipinos engaged in different lines of business;chanroblesvirtualawlibrary
c) Brokers Division which shall administer the
licensing of commercial brokers and real estate brokers and appraisers,
excluding brokers for stocks and securities;chanroblesvirtualawlibrary
d) Consumer Protection Division which shall
administer the registration of business names, private merchants, and
bulk sales documents; and enforce laws on monopolies and trade and
practices in restraint of trade, mislabeling and product
misrepresentation, other unfair trade practices and consumer protection
in general, in this last regard for which it shall coordinate with the
Food and Drug Administration of the Department of Health; and
e) Field Operations Divisions which shall extend the
services and functions of the Bureau to the different regions,
provinces and district of the country. chanroblesvirtualawlibrary
Section 3. Bureau of Foreign Trade. — The Bureau of
Foreign Trade shall, among others, consolidate all functions and
efforts pertaining to the promotion of exports in particular and
development of foreign trade in general.
The following divisions are created in the Bureau:cralaw:red
a) Foreign Trade Promotion Division shall, among
others, conduct researches and studies on the promotion and expansion
of Philippine exports. It shall also provide necessary information to
interested persons and businessmen on foreign trade development and
prospects.
b) Export Service Coordination Division which shall,
among others, coordinate all activities and functions of government
agencies involved in the processing of export papers. It shall also
update, improve or simplify the administrative procedures involved in
the processing of export papers.
c) Foreign Trade Relations Division shall, among
others, deal with Philippine commercial relations with other countries.
It shall gather information on other countries' economies and economic
and commercial policies and shall encourage Philippine participation in
international trade fairs and expositions.
All commercial attaches shall be appointed by, and placed under the
control of the Secretary and under the supervision of the Director of
the Bureau of Foreign Trade, except when actually assigned to missions
abroad, in which case the provisions of Paragraph 3, Article IV, Part
XVIII of the Integrated Reorganization Plan shall prevail.
Section 4. Securities and Exchange Commission. — The
Securities and Exchange Commission shall, among others, encourage the
formation of partnership and corporate ventures with widely and
publicly held equity, and protect the investing public from deceptions
and frauds in securities marketing.
The following divisions are retained in the Securities and Exchange
Commission:cralaw:red
a) Stock Brokers and Exchange Division which shall,
among others, handle the regulation of activities of securities,
exchanges, brokers, dealers and their salesmen; and
b) Examiners and Appraisers Division which shall,
among others, handle the financial and accounting phase of the
visitorial functions of the Commission.
The Legal Enforcement Division is renamed Corporate Division. It shall,
among others, handle the processing of corporation papers and by-laws,
articles of association and partnership agreements, the registration
and licensing of securities, and investigation of corporations.
The Securities and Exchange Commission shall be converted into a
collegial body composed of a full-time Chairman and two full-time
members who shall serve for a term of six years for which the
corresponding positions are created. In the initial appointments of
Chairman and members, one shall be appointed to service for six years,
one for four years, and one for two years. The positions of
Commissioner and Deputy Commissioner are hereby abolished: Provided,
That the incumbent Commissioner shall continue to serve the Commission
in accordance with Paragraph 13, Article 1, Chapter 1, Part XXIII of
the Integrated Reorganization Plan.
Section 5. Philippines Bureau of Products Standards.
— The Bureau of Standards is renamed Philippines Bureau of Products
Standards which shall, among others, be responsible for establishing
standards for commodities, inspection and certification of products for
exports and local distribution, and inspection and certification of
products imported by the country.
Section 6. Philippines Patent office. — The
Philippines Patent Office shall, among others, be responsible for the
promotion of scientific research and inventions; and for the protection
of owners of industrial property rights.
In addition to the General Organic Chemistry Division; Chemical
Technology Division; Mechanical Division; Electrical, Design and
Utility Model Examining Division; and the Trademark Examining Division,
the following divisions are created.
a) Legal Service Division which shall, among others,
render legal advise to the Director of Patents and to hear and decide
inter-parte cases, oppositions, cancellations, interferences,
public-use proceedings and matters dealing with compulsory licensing.
b) Research and Information Division which shall,
among others, be responsible for the conduct or researches on various
subjects, act as custodian of all scientific and legal books of the
Office and shall perform library service functions, and product and
disseminate information pertaining to office and court decisions on
patent and trademark case.
Section 7. Bureau of Fiber Inspection Service. — The
Bureau of Fiber Inspection Service is renamed Bureau of Fiber
Development and Inspection Service, which shall, among others, be
responsible for the maintenance and enforcement of a uniform standard
classification of abaca and other Philippine fibers intended for export
and for domestic consumption.
Section 8. ECAFE Unit. — The ECAFE Unit is renamed
ESCAP (Economic and Social Commission for Asia and the Pacific) Unit.
The ESCAP Unit of the Philippine Committee on ESCAP matters is retained
in the Department and its functions shall include, among others, to act
as liaison agency for securing quick exchange of information between
the ESCAP Secretariat and the Philippine Government and the various
governments in the ESCAP region and to work for the implementation of
resolution or studies approved or undertaken by the Commission and
ESCAP Secretariat, respectively.
Section 9. UNCTAD Unit. — The UNCTAD Unit of the
Philippine Committee on UNCTAD matters is maintained in the Department
and its functions, shall include, among others, to act as liaison
agency in the various areas of economic and trade development between
the United Nations Conference on Trade and Development (UNCTAD) and the
Philippine Government in the various trade aspects of international
economic cooperation and to undertake the implementation of resolution
and studies recommended and approved by the inter-agency committee
involved.
Section 10. Government-Owned or Controlled
Corporations and Agencies attached to the Department of Trade. — The
following agencies are attached to the Department: (a) Philippine
Export Credit Insurance and Guarantee Corporation; (b) Permanent
Committee for the Implementation of the Philippine Indonesian Agreement
on Economic and Technical Cooperation; d) Design Center Philippines;
(e) Metric System Board; (f) Philippine Shipper's Council; (g) Cottage
Industry Development Council (CIDC); (h) Cottage Industry Development
Enterprise (CIDE); (i) National Cottage Industries Development
Authority (NACIDA); and (j) Nacida Bank. chanroblesvirtualawlibrary
Section 11. Price Control Council. — The Price
Control Council is renamed Price Stabilization Council and placed under
the administrative supervision of the Department.
Section 12. Trade Assistance Centers. — The putting
up of trade assistance centers with an appropriation of four million
five hundred thousand pesos (P4,500,000) under the current Annual
General Appropriation Decree is hereby transferred from the Bureau of
Domestic Trade to the Office of the Secretary. To carry out the
purposes of the trade assistance centers, the sum of two million two
hundred fifty thousand pesos (P2,250,000) is hereby appropriated for
the remainder of Fiscal year nineteen hundred and seventy-five
(1974-1975).
Section 13. Personnel. — Except for such technical
positions as the Secretary may recommend to and be approved by the
president, all positions in the Department shall be subject to the
provisions of Civil Service Law and the rules and regulations of the
Wage and Position Classification Office (WAPCO).
Section 14. Repeal. — Any and all existing statutes,
decree, rules and regulations, or parts thereof inconsistent herewith
are repealed or modified accordingly.
Section 15. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 2nd day of June, in the year of Our Lord, nineteen hundred and
seventy-five.
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