WHEREAS, Republic Act 6365, entitled "An
Act Establishing a National Policy on Population, creating the
Commission on Population and for other purposes" was enacted into law
on August 15, 1971;chanroblesvirtualawlibrary
WHEREAS, in order to effectively implement the population program,
vital amendments to R.A. 6365 are necessary;chanroblesvirtualawlibrary
WHEREAS, the population program is an integral and vital part of social
reform and economic development; chanroblesvirtualawlibrary
WHEREAS, one of the objectives of Proclamation No. 1081 is to effect
social, economic and political reforms, and thus bring about the
transformation of a new society in our country, a society designed to
improve the quality of life of each Filipino;chanroblesvirtualawlibrary
WHEREAS, family planning and responsible parenthood assure greater
opportunity for each Filipino to reach his full potential and to attain
his individual dignity;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution of the
Philippines as Commander-in-Chief of all the Armed Forces of the
Philippines and pursuant to Proclamation No. 1081 dated September 21,
1972 and General Order No. 1 dated September 22, 1972 as amended, and
in order to effect desired changes and reforms in the social, economic,
and political structures of our society, do hereby adopt, approve and
make as part of the law of the land, the attached measure.
Changes and modifications in this Revised Population Act shall be made
from time to time, as necessity requires, to be correspondingly
announced by me or by my duly authorized representative.
This Decree shall take effect immediately.
Done in the City of Manila, this 8th day of December, in the year of
Our Lord, Nineteen hundred and Seventy-two.
REVISING THE POPULATION ACT OF NINETEEN HUNDRED AND SEVENTY-ONE.
Section 1. This decree shall be known as the Revised
Population Act of the Philippines.
Section 2. Declaration of Policy. — The Government of
the Philippines hereby declares that for the purpose of furthering the
national development, increasing the share of each Filipino in the
fruits of economic progress and meeting the grave social and economic
challenge of high rate of population growth, a national program of
family planning involving both public and private sectors which respect
the religious beliefs and values of the individuals involved shall be
undertaken. chanroblesvirtualawlibrary
Section 3. Commission on Population: Creation. —
There is hereby created an agency under the Office of the President, a
Commission on Population hereinafter referred to as POPCOM, to carry
out the purposes and objectives of this Decree.
Section 4. Purposes and Objectives. — The POPCOM
shall have the following purposes and objectives:cralaw:red
(a) To formulate and adopt coherent, integrated and
comprehensive long-term plans, programs and recommendations on
population as it relates to economic and social development —
consistent with and implementing the population policy which shall be
submitted to and approved by the President;chanroblesvirtualawlibrary
(b) To make comprehensive studies of demographic data
and expected demographic trends and propose policies that affect
specific and quantitative population goals; chanroblesvirtualawlibrary
(c) To organize and implement programs that will
promote a broad understanding of the adverse effects on family life and
national welfare of unlimited population growth;chanroblesvirtualawlibrary
(d) To propose policies and programs that will guide
and regulate labor force participation, internal migration and spatial
distribution of population consistent with national development;chanroblesvirtualawlibrary
(e) To make family planning a part of a broad
educational program;chanroblesvirtualawlibrary
(f) To encourage all persons to adopt safe and
effective means of planning and realizing desired family size so as to
discourage and prevent resort to unacceptable practice of birth control
such as abortion by making available all acceptable methods of
contraception to all persons desirous of spacing, limiting or
preventing pregnancies;chanroblesvirtualawlibrary
(g) To establish and maintain contact with
international public and private organizations concerned with
population problems;chanroblesvirtualawlibrary
(h) To provide family planning services as a part of
over-all health care;chanroblesvirtualawlibrary
(i) To make available all acceptable methods of
contraception, except abortion, to all Filipino citizens desirous of
spacing, limiting or preventing pregnancies.
Section 5. Duties and Functions of the POPCOM. — The
POPCOM shall have the following duties and powers:cralaw:red
(a) To employ physicians, nurses, midwives to
provide, dispense and administer all acceptable methods of
contraception to all citizens of the Philippines desirous of spacing,
limiting or preventing pregnancies: Provided, That the above mentioned
health workers, except physicians, for the purpose of providing,
dispensing and administering acceptable methods of contraception, have
been trained and authorized by the POPCOM in consultation with the
appropriate licensing bodies;chanroblesvirtualawlibrary
(b) To undertake such action projects as may be
necessary to promote the attainment of this Decree and to enter, in
behalf of the Republic of the Philippines, into such contracts,
agreements or arrangements with government or private agencies as will
be necessary, contributory or desirable in the implementation thereof;chanroblesvirtualawlibrary
(c) To undertake, promote and publish information,
studies and investigations on Philippine population in all its
aspects; chanroblesvirtualawlibrary
(d) To utilize clinics, pharmacies as well as other
commercial channels of distribution for the distribution of family
planning information and contraceptives;chanroblesvirtualawlibrary
(e) To call upon and utilize any department, bureau,
office, agency or instrumentality of the Government for such assistance
as it may require in the performance of its functions.
Section 6. Board of Commissioners. — All functions
and powers of the POPCOM shall be vested in, and exercised by a Board
of Commissioners hereinafter referred to as the Board, composed of:
Secretary of Education and Culture, Secretary of Health, Secretary of
Social Welfare, Dean of the University of the Philippines Population
Institute and the Director-General of the National Economic Development
Authority.
Section 7. Powers and Duties of the Board. — The
Board shall have the following powers and duties:cralaw:red
(a) To adopt and prescribe policies, rules,
regulations and procedures for the government of the POPCOM and to
modify, amend or repeal the same;chanroblesvirtualawlibrary
(b) To receive, evaluate, modify and approve project
proposals on population matters from whatever source and to coordinate
and evaluate their implementation in accordance with the approved plans
and programs;chanroblesvirtualawlibrary
(c) To approve the annual and or supplemental budget
of POPCOM as may be submitted to it by the Executive Director from time
to time; and
(d) To perform such other duties as may be assigned
to it by the President of the Philippines. chanroblesvirtualawlibrary
Section 8. Chairman of the Board, Powers and Duties.
— The Board shall elect a Chairman from among its members. The Chairman
shall have the following powers and duties:cralaw:red
(a) To call and preside over the meetings of the
Board;chanroblesvirtualawlibrary
(b) To disburse, administer and obligate
appropriations of the POPCOM, subject to the Approval of the Board;chanroblesvirtualawlibrary
(c) To appoint, determine the qualifications, fix the
number and salaries of such personnel as may be necessary for the
proper discharge of the duties and functions of the POPCOM, and, with
the approval of the Board, to remove, suspend, or otherwise discipline
for just cause, any subordinate employee of the POPCOM;chanroblesvirtualawlibrary
(d) To submit not later than July 31st of each year
an annual report, through the Board, to the President of the
Philippines, providing copies thereof to the two Houses of Congress;chanroblesvirtualawlibrary
(e) To accept on behalf of POPCOM, gifts, grants or
donations and administer, obligate and disburse the same in accordance
with the provisions of this Decree;chanroblesvirtualawlibrary
(f) To perform such other duties as may be assigned
to him by the Board from time to time;chanroblesvirtualawlibrary
(g) To constitute continuing or ad-hoc committees
consisting of members of the Board or such other experts as are deemed
necessary to conduct studies for the POPCOM or to assist in the
discharge of its functions.
Section 9. Meetings. — The Board shall meet at least
once every four months or oftener at the call of the Chairman. Three
members of the Board shall constitute a quorum and no action of such
quorum shall be treated as a valid decision of the Board unless it
carries a unanimous vote of the three members present and constituting
the quorum. Members of the Board who are government officials shall
serve without additional compensation; however, they shall be allowed
commutable travelling, representation and other necessary allowances.
Section 10. Executive Director, Powers and Duties. —
The POPCOM shall have an Executive Director to be appointed by the
Chairman, subject to the approval of the Board. The Executive Director
shall have the following powers, duties and responsibilities:cralaw:red
(a) To act as action officer of the POPCOM;chanroblesvirtualawlibrary
(b) To sit in all meetings of the Board and
participate in its deliberations but will not have the right to
vote; chanroblesvirtualawlibrary
(c) To be responsible for the operation of the office
staff and of the national population program and for making decisions
on day-to-day basis subject to the direction and supervision of the
Chairman;chanroblesvirtualawlibrary
(d) To prepare periodic review of program progress;chanroblesvirtualawlibrary
(e) To submit annual and/or such supplemental budget
estimates to the Board of Commissioners;chanroblesvirtualawlibrary
(f) To recommend policies and programs to the Board,
and
(g) To perform such other duties as may be assigned
to him by the Board from time to time.
Section 11. Personnel. — The POPCOM shall have such
personnel as may be necessary for the performance of its basic
functions and such other personnel as may be assigned or detailed from
other agencies of the Government. All positions, except technical and
professional staff and such other positions as the Board may declare to
be highly technical, policy determining or primarily confidential,
shall be subject to Civil Service rules and regulations and coverage of
the plans of the Wage and Position Classification Office: Provided,
That, all personnel shall be entitled to the benefits and privileges
normally accorded to government employees, such as retirements, GSIS
insurance, leave and similar matters: Provided, further, That, in the
appointment and promotion of employees, merit and efficiency shall
serve as basis, and no political test or qualification shall be
prescribed and considered for such appointments or promotion: Provided,
finally, That the POPCOM shall be the final authority on appeals on
personnel matters concerning its professional and technical personnel.
Section 12. Donations. — The POPCOM shall be
authorized to receive grants, donations or gifts, in whatever form and
from whatever sources: Provided, That, said grants, gifts, or donations
shall be administered, obligated and disbursed in accordance with the
terms thereof, or in the absence of such terms, in such manner as a
majority of the Board may in its discretion determine: Provided,
finally, That said grants, gifts, donations shall be subject only to
such limitations as the grantor, giver or donor may impose as accepted
by the POPCOM.
Section 13. Appropriations. — The sum of fifteen
million pesos is hereby appropriated annually out of any funds in the
National Treasury not otherwise appropriated, as operating funds of the
POPCOM starting in the fiscal year nineteen hundred and seventy-four:
Provided, That, out of this sum shall be disbursed the equivalent of
the amount of three hundred fifty thousand dollars as annual
contributions of the Republic of the Philippines to the United Nations
Fund for Population Activities; Provided, further, That, at least
seventy-five percent of said amount of P350,000 shall be used annually
to finance population projects in the Philippines pursuant to this Act
which are approved by the United Nations for Population Activities; And
provided, finally, That, said amount may be increased or decreased in
the succeeding years by POPCOM in accordance with its financial
position. This appropriation shall hereafter be included in the annual
General Appropriations Act.
Section 14. Repeal. — Any and all Acts, Statutes,
Rules, Regulations, or parts thereof inconsistent herewith are hereby
repealed.
Section 15. Separability. — If for any reason, any
part of this Act is declared unconstitutional or invalid, no other
provision of this Act shall be affected thereby. chanroblesvirtualawlibrary
Section 16. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 8th day of December, in the year of Our Lord, nineteen hundred and
seventy-two.
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