WHEREAS, a
need exists to re-defined and broaden the functions and powers of the
Philippine Sugar Commission created under the provisions of
Presidential Decree No. 388, dated February 2, 1974;chanroblesvirtualawlibrary
WHEREAS, it has become necessary to include within the functions and
powers of the Philippine Sugar Commission to restore, maintain,
regulate and exercise exclusive control and supervision over sugar
planters and/or sugar producers marketing cooperatives already in
existence under laws before their repeal by the provisions of
Presidential Decree No. 175, and those created pursuant to the same
provisions of Presidential Decree No. 175, in order to effectively
promote the integrated development scheme of the sugar
industry. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, and upon the
recommendation of the sugar planters, millers and traders of the
Philippines through their associations and cooperatives, do hereby
decree and order the creation of the Philippine Sugar Commission as
follows:cralaw:red
Section 1. Section 4 of Presidential Decree No. 388
is hereby amended to read as follows:cralaw:red
"Sec. 4. Powers and Functions. — The Commission shall
have the following powers and functions:cralaw:red
(a) To establish policies pertaining to all phases of
the sugar industry; and to inquire into other aspects of the sugar
industry with a view to improving existing methods and system;chanroblesvirtualawlibrary
(b) To enter into contracts, transactions or
undertakings of whatever nature which are necessary or incidental to
its functions and objectives with any natural or juridical person and
with any foreign government, private corporation, partnerships,
institutions, or private individuals;chanroblesvirtualawlibrary
(c) To levy and collect charges, fees and
contributions to finance its operation for social amelioration of the
workers in the industry, and for such other purposes as the Commission
may determine. The amount of the fees, charges and contributions shall
be subject to the approval of the President;chanroblesvirtualawlibrary
(d) To act as the single buying and selling agency of
sugar on the quedan-permit level, in order to promote the effective
merchandising and distribution of sugar;chanroblesvirtualawlibrary
(e) To determine the floor-ceiling price of sugar
which will insure the planters, millers, traders, wholesalers, and
retailers a fair return on their investments: Provided, That such
floor- ceiling price of sugar for any crop year shall be the total
anticipated cost of production per picul of sugar as determined by the
Commission plus a corresponding reasonable margin of profit set by the
Price Control Council or any other government agency authorized to
regulate prices of commodities and service after taking into
consideration the effects of devaluation and other economic factors
affecting production, processing, marketing, transportation and other
related expenses including the minimum wage for agricultural and
industrial workers; Provided, further, That the floor-ceiling price
established by the Commission shall be adjusted in direct relation to
significant changes in the cost of production as determined by the
Commission and the Consumers Price Index prepared by the Central Bank
of the Philippines;chanroblesvirtualawlibrary
(f) To promulgate rules and regulations to carry into
effect the provisions of this Decree and impose penalties for the
violation thereof;chanroblesvirtualawlibrary
(g) To assume control and/or supervision of any sugar
mill or refinery that has failed to meet its financial and other
contracted obligations for two years or has become inefficient in its
operation; chanroblesvirtualawlibrary
(h) To organize, register, regulate and maintain
exclusive control and supervision over sugar planters and sugar
producers marketing cooperatives and to restore those existing under
laws before their repeal by the provisions of Presidential Decree No.
175; Provided, however, that during the time the Commission under
Presidential Decree No. 388 is not officially constituted, the function
provided herein shall be exercised by the Sugar Quotas Administration;chanroblesvirtualawlibrary
(i) To allow sugar planters and/or sugar producers
marketing cooperatives to enjoy privileges and incentives heretofore
granted under laws of their creation before their repeal by the
provisions of Presidential Decree No. 175, and those granted by all
government agencies to business organization under existing laws;
Provided, that the requirements imposed therein are complied with:
Provided, further, that pre-existing sugar planters and/or sugar
producers marketing cooperatives shall be entitled to the same
attributes and grant of privileges and incentives as those created
under existing laws; and Provided, finally, That these pre-existing
sugar planters and/or sugar producers marketing cooperatives shall
apply or petition for re-registration with the Commission within a
period of six (6) months from the date of promulgation of this Decree,
and its existence shall be deemed to continue until the application or
petition is approved or denied;chanroblesvirtualawlibrary
(j) To determine the manner and extent by which
powers, privileges and incentives provided by existing laws shall be
exercised or enjoyed; Provided, that the Commission shall promulgate
rules and regulations to govern the promotion, organization,
registration, re- registration, control and supervision of all sugar
planters and sugar producers marketing cooperatives; chanroblesvirtualawlibrary
(k) To suspend the operation or cancel the
registration of any sugar planters and/or sugar producers marketing
cooperatives after hearing and when in its judgment based on findings,
such cooperative is operating in violation of this Decree, rules and
regulations, existing laws as well as the by-laws of the sugar
cooperatives;chanroblesvirtualawlibrary
(l) To perform such other functions as are necessary
and incidental to its purposes and objectives.
The Commission shall submit to the President of the Philippines
periodic reports of its survey, studies and investigation, together
with its recommendations, for appropriate action.
Section 2. Repealing Clause. — All laws or parts of
laws inconsistent herewith are hereby repealed.
Section 3. Effectivity. — This amendatory provision
shall take effect immediately.
Done in the City of Manila,
this 24th day of August, in the year of Our Lord, nineteen hundred and
seventy-five.
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