REPUBLIC ACT NO. 4059 - AN ACT
ESTABLISHING THE PHILIPPINE COCONUT RESEARCH INSTITUTE, DEFINING ITS
OBJECTIVES, POWERS AND FUNCTIONS, AUTHORIZING THE APPROPRIATION OF
FUNDS THEREFOR, AND FOR OTHER PURPOSES
Section 1. Name and Location. — There is hereby created the
Philippine Coconut Research Institute, hereinafter referred to as the
PHILCORIN, with its main executive office in the City of Manila.
The PHILCORIN shall be under the supervision and coordination of the
National Science Development Board.
Sec. 2. Purposes and Objectives. — The PHILCORIN
shall have the following purposes and objectives:
(a) To conduct scientific researches and
investigations on: (1) the botanical and genetical aspects of coconut
improvement; (2) the agronomical problems relating to coconut culture;
(3) the etiology and control of "kadang-kadang" and other diseases of
coconut; and (4) the biology and control of important insect pests of
coconut;
(b) To compile scientific information and disseminate
results of scientific and technological researches on coconut; and
(c) To train people for the development of the
coconut industry.
Sec. 3. General Corporate Powers. — The PHILCORIN
shall have perpetual succession, with power to sue and be sued; to
contract and be contracted with; to hold such real and personal
property as shall be necessary for corporate purposes; to receive real
and personal property by gift, devise, or bequest; to adopt a seal and
alter the same; to promulgate and adopt by-laws, rules and regulations
not inconsistent with the provisions of this Act; and, generally, to do
all such acts and things as may be necessary to carry into effect the
provisions of this Act.
Sec. 4. Specific Powers. — The PHILCORIN is
authorized and directed:
(a) To establish or help establish, maintain, and
operate one central research center and such other research centers and
sub-stations in any part of the Philippines as may be deemed necessary;
(b) To procure materials, supplies, and equipment as
may be necessary to prosecute successfully its researches and
experimental works;
(c) To conduct scientific and technological seminars,
conventions and conferences of coconut researches or send delegates and
observers to such conferences and conventions;
(d) To solicit, receive and award grants, bequests
and donations given for the purpose of aiding scientific and
technological research and investigation on coconut to government and
private institutions; and
(e) To secure patent rights to its inventions and
discoveries and to exploit the same.
Sec. 5. Composition of the Board of Trustees. —
The corporate powers of the PHILCORIN shall be vested in and exercised
by a Board of Trustees, which shall be composed of the Chairman of the
National Science Development Board, who shall serve as Chairman; the
Chairman of the Philippine Coconut Administration; the Dean of the U.
P. College of Agriculture; the Director of the Bureau of Plant
Industry; one recognized scientist to be appointed for a term of three
years by the Chairman of the National Science Development Board; two
representatives of coconut growers; one representative of coconut
manufacturers or processors; and one representative of coconut
exporters: provided, that of the representatives of coconut growers
first appointed, one shall serve for one year, the other for two years,
and thereafter every representative so appointed shall serve for two
years; the representative of the coconut manufactures/processors shall
serve for two years; and the representative of the coconut exporters
first appointed shall serve for one year, and thereafter every
representative so appointed shall serve for two years: provided,
however, that the representatives of coconut growers, & the
representative of coconut manufacturers/processors and the
representative of coconut exporters shall be appointed by the
corresponding organization of coconut growers, coconut
manufacturers/processors or coconut exporters, whichever may be the
case, having the largest amount of donations to the support and
maintenance of the PHILCORIN during the next preceding fiscal year:
provided, finally, that the term of office of the representatives from
the private sector shall commence on July first, of the corresponding
year.
The Vice-Chairman of the Board of Trustees shall be elected from among
the representatives of the coconut growers, manufacturers, and
exporters mentioned above.
Representatives of foreign organizations, associations or entities
extending assistance and support to PHILCORIN shall act as advisers and
may participate in the deliberations of the Board: provided, that said
representatives shall not be entitled to vote on any matter taken by
the Board.
Sec. 6. Powers of the Board of Trustees. — The
Board of Trustees shall have the following powers and duties:
(a) To formulate plans and programs, and to
promulgate such policies, procedures, rules and regulations consistent
with the proper and effective implementation of the purposes of the
PHILCORIN;
(b) To receive and administer funds provided by law
for the support of the Institute; and
(c) To receive in trust legacies, gifts and donations
of real and personal property of all kinds and to administer the same
in accordance with the directions and instructions of the donor and, in
default thereof, in such manner as it may in its discretion determine.
Sec. 7. Compensation of Members of the Board. —
The members of the Board of Trustees, shall receive a per diem of fifty
pesos each per session of the Board: provided, that the monthly total
of such per diems for each member shall not exceed two hundred pesos.
Sec. 8. Managing Head of the Institute. — The
management of the PHILCORIN shall be vested in a Director of the
Institute who shall be chosen by the Board of Trustees. No persons
shall be appointed as Director of the Institute unless he is a graduate
of an agricultural college of recognized standing with at least the
degree of master of science in the field of plant science or an allied
field and shall have at least five years experience in research and/or
management of a research institution.
Sec. 9. Powers and Duties of the Director of the
Institute. — The Director of the Institute shall have the following
powers and duties:
(a) To direct and manage the research function and
business of the PHILCORIN on behalf of the Board of Trustees and in
accordance with the policies promulgated by said Board;
(b) To sit in all meetings of the Board of Trustees
and participate in its deliberations without the right to vote;
(c) To submit within sixty days after the close of
each fiscal year an annual report to the Board of Trustees; and
(d) To perform such duties and exercise such powers
as may be assigned or delegated to him by the Board of Trustees.
SECTION 10. Tax Exemption. — All transactions,
including importations, undertaken by PHILCORIN in pursuance of its
purpose shall be from any and all taxes.
Any gift, donation, or contribution which from time to time may be made
to PHILCORIN shall be considered allowable deductions from the income
of the donor or giver for income tax purposes.
SECTION 11. Appointment of Personnel. — The Chairman
shall, upon recommendation of the Director of the institute and subject
to the approval of the Board of Trustees, appoint such technical and
administrative personnel as may be necessary to carry out the assigned
functions of the PHILCORIN.
SECTION 12. Exemption from WAPCO. — Provisions of law
to the contrary notwithstanding, all officials and employees appointed
under this Act, except those who belong to the clerical and janitorial
classification, shall be exempt from the provision of laws, rules and
regulations on wage and position classification.
SECTION 13. Appropriation. — To carry out the
purposes of this Act, including the operation of the PHILCORIN, the
acquisition and improvement of the land on which the centers,
laboratories and offices of the PHILCORIN shall be situated, the
construction, maintenance, and repair of buildings and improvements,
and the acquisition of furniture, fixtures and equipment, the sum of
one million six hundred thousand pesos every year for a period of five
years and one million pesos every year thereafter is hereby authorized
to be appropriated out of any funds in the National Treasury not
otherwise appropriated.
SECTION 14. Philippine Coconut Research Fund. — All
income, donations, grants, bequests and unexpended balances of
PHILCORIN shall accrue to a fiduciary fund, to be known as the
Philippine Coconut Research Fund, which shall be expended for the
purposes of this Act upon the approval and final authority of the Board
of Trustees, the provisions of existing laws to the contrary
notwithstanding.
SECTION 15. Repealing Clause. — All Acts, executive
orders, administrative orders, proclamations, rules and regulations, or
parts thereof, inconsistent with any of the provisions of this Act are
repealed or modified accordingly.
SECTION 16. Date of Effectivity. — This Act shall
take effect upon its approval.
Approved: June 18, 1964
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