AMENDING REPUBLIC ACT NUMBERED SIXTY-ONE HUNDRED AND SEVENTY-THREE, OTHERWISE KNOWN AS THE OIL INDUSTRY COMMISSION ACT, BY AUTHORIZING THE OIL INDUSTRY COMMISSION TO GRANT PROVISIONAL RELIEF, BY MAKING S OF THE COMMISSION REVIEW ABLE BY THE NATIONAL ECONOMIC DEVELOPMENT AUTHORITY, BY AUTHORIZING THE COMMISSION TO USE ANY UNOBLIGATED BALANCE OF ITS INITIAL APPROPRIATION EVEN AFTER FISCAL YEARS 1971 AND 1972, TO USE FEES COLLECTED IN THE PERFORMANCE OF QUASI-JUDICIAL AND REGULATORY FUNCTIONS, TO DISBURSE ITS SPECIAL FUND ON THE BASIS OF SPECIAL BUDGET, AND FOR OTHER PURPOSES

• Number: Presidential Decree No. 102
• Sections: 6

Preamble

WHEREAS, under Presidential Decree No. 56, dated

November 17, 1972, the Oil Industry Commission, among other agencies,

has been placed under the administrative supervision of the National

Economic Development Authority, hereinafter referred to as the NEDA, the

highest development planning body of the country, for the purpose of

providing the all-important link between the regulatory functions of the

Commission and the development orientation required for a more

effective performance of its functions;

WHEREAS, to enable the NEDA to exercise more

effective supervision and control over the Oil Industry Commission, it

is necessary that all the decisions and orders of said Commission be

made reviewable by the NEDA in the light of their development

implications;

WHEREAS, to expedite proceedings in the Oil

Industry Commission and to provide the said Commission with more

flexibility in resolving urgent cases, it is also necessary to grant the

Commission express power to issue provisional orders and to change the

existing mode of appeal from the orders and decisions of the Commission;

WHEREAS, there was pending before Congress prior

to the promulgation of Proclamation No. 1081, dated September 21, 1972,

a proposed amendment to Republic Act Numbered Sixty-One Hundred and

Seventy-Three;

WHEREAS, said proposed amendment bearing House

Bill No. 5165 and Senate Bill No. 895, would, among other things,

authorize the Oil Industry Commission to use the application,

registration, inspection and other fees and charges that it collects in

the discharge of its quasi-judicial and regulatory functions;

WHEREAS, there is a need to grant the said

authority to the Oil Industry Commission to augment its funds for

operational expenses and enable it to carry out more effectively its

objectives under the law; and

WHEREAS, while Sections fourteen and fifteen of

Republic Act Numbered Sixty-one hundred and seventy-three provide for

the source of funds for the operational expenses of the Oil Industry

Commission, the sum of P1,500,000 is likewise appropriated in the

current General Appropriations Act (Republic Act No. 6551) for the

budgetary use of the same Commission, thereby making it necessary to

clarify the funding of the said Commission;

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 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, do

hereby order, decree and declare the following amendments to Republic

Act No. 6173 which are hereby adopted, approved, and made part of the

law of the land:

Section 1

SECTION 1. Section eleven of Republic Act

Numbered Sixty-one hundred and seventy-three is hereby amended to read

as follows:

"SEC. 11. Review of Commission's Order; Commission's

Authority to Grant Provisional Relief. — A party adversely affected

by a decision or any order of the Commission in the exercise of its

powers subject to hearing, may, within a period of seven (7) days from

receipt of said decision or order, appeal in writing, stating clearly

and distinctly the grounds relied upon, to the National Economic

Development Authority, which shall have exclusive authority and

jurisdiction to review, reverse, modify or amend the same. The decision

or order of the Commission shall be final, unless reversed, altered or

modified, either on appeal or on review motu proprio within the

period hereinbelow stated. The National Economic Development Authority

shall decide the appeal on the basis of the record of the proceedings

had before the Commission and without requiring a re-hearing, within

thirty (30) days after the decision or order of the Commission shall

have been submitted thereto,

"The National Economic Development Authority shall likewise have

the power to review, motu proprio, any decision or order of the

Oil Industry Commission, to determine whether the same is in accord

with the policies and guidelines formulated by the National Economic

Development Authority. For this purpose, certified copies of all

decisions, orders and rulings of the Commission shall be forwarded to

the National Economic Development Authority immediately upon

promulgation thereof. Should the National Economic Development Authority

decide to exercise this power, it shall so advise the Oil Industry

Commission within thirty (30) days after receipt of the decision, order

or ruling.

"The decision of the National Economic Development Authority, on

appeal or after review motu proprio, shall be final. Unless the

National Economic Development Authority directs otherwise, appeal or motu

proprio review shall not stay execution or implementation of all

decisions or orders of the Oil Industry Commission, which shall be

executory upon the expiration of seven (7) days after their

promulgation.

"The Commission may, upon the filing of an application, petition

or complaint or at any stage thereafter, and without prior hearing, on

the basis of supporting papers duly verified and authenticated, grant

provisional relief on motion of a party in the case or on its own

initiative, without prejudice to a final decision after hearing, should

the Commission find that the pleadings, together with such affidavits,

documents and other evidence which may be submitted in support of the

motion, substantially support the provisional order.

"This Section shall apply to all pending proceedings in the

Commission."

Section 2

SEC. 2. Section fourteen of the same Act is

hereby amended to read as follows:

"SEC. 14. Appropriations. — For the proper

implementation of this Act, the sum of one million five hundred thousand

pesos is hereby appropriated out of any funds in the National Treasury

not otherwise appropriated for the operating expenses of the Commission

for the fiscal years nineteen hundred and seventy-one and nineteen

hundred and seventy-two. Any unobligated balance of this initial

appropriation may, however, still be used by the Commission in

subsequent fiscal years.

"Beginning with fiscal year nineteen hundred and seventy-three,

the operational expenses of the Commission shall be drawn from fees and

charges collected under the authority of Section 15 of this Act and from

application, licensing, registration and other fees or charges

collected by the Commission in the exercise of its quasi-judicial and

regulatory functions."

Section 3

SEC. 3. Section fifteen of the same Act is

hereby amended to read as follows:

"SEC. 15. Additional Fee on Importations and turn-over of

collections; release to the Commission is Ministerial. — Effective

July one, nineteen hundred seventy-one, there shall be levied, assessed

and collected, an additional fee of one tenth of one per cent of the CIF

value of crude oil and petroleum products imported into the

Philippines. The fee imposed herein shall be collected at the same time,

in the same manner and subject to the same penalties as the duties and

taxes regularly imposed on such products. This fee shall not be a basis

for any increase in the price of any petroleum product as of the

approval of this Act."

"The Commissioner of Customs shall turn over the collections to

the Treasurer of the Philippines monthly within the first ten days of

the succeeding month. The collections shall accrue to a special fund and

the same or any portion thereof may not be transferred or diverted to

the general or any other fund or used or expended for any purpose other

than for the budgetary requirements of the Oil Industry Commission, the

provision of any law to the contrary notwithstanding. It shall be the

ministerial duty of the Treasurer of the Philippines, as well as the

officers and employees under his supervision and control, to effect

releases of said collections to the Commission upon order or

authorization of the Chairman thereof.

"The special fund of the Commission shall be disbursed on the

basis of principal and supplementary budgets duly approved by the

Commission, subject to the provisions of C.A. 246, as amended: Provided,

That, at the end of each fiscal year, beginning with fiscal year

nineteen hundred and seventy-four, all unobligated balances, in excess

of five hundred thousand pesos shall accrue to the general fund."

Section 4

SEC. 4. Any provision of the General

Appropriations Act for Fiscal Year 1973, Republic Act No. 6173, and of

all other acts, laws, executive orders, administrative orders, rules and

regulations or parts thereof which are inconsistent herewith are hereby

repealed or amended accordingly.

Section 5

SEC. 5. This Decree shall take effect

immediately.

Done in the City of Manila, this 19th day of January, in the

year of Our Lord, nineteen hundred and seventy-three.

(Sgd.) FERDINAND E.

MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ALEJANDRO

MELCHOR

Executive Secretary