AMENDING CERTAIN SECTIONS OF PRESIDENTIAL DECREE NO. 78 OTHERWISE KNOWN AS "THE ATMOSPHERIC, GEOPHYSICAL AND ASTRONOMICAL SCIENCE ACT OF 1972"

• Number: Presidential Decree No. 1149
• Sections: 7

Preamble

WHEREAS, under Letter of Instruction No. 41, dated December 11, 1975 the Typhoon Moderation Research and Development Council (TMRDC) created pursuant to Republic Act No. 6613 was transferred from the Office of the President and merged with the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA), Department of National Defense; WHEREAS, such transfer and merger included applicable appropriations, records, equipment, property and such personnel as may be necessary;

WHEREAS, there is a need to be given proper impetus to scientific research on typhoon moderation by integrating activities and functions relating thereto;

WHEREAS, the Philippines suffers considerable flood damages brought about by the occurrence of severe weather disturbances every year; which significantly reduces gains in the economic development of the Country;

WHEREAS, the government in its desire to reduce or mitigate flood damages has embarked on a program of expansion of the flood forecasting and warning service to cover flood-prone areas in the country;

WHEREAS, the International Science Conference "The Survival of Humankind: Philippine Experiment" has made definite recommendations with respect to typhoon moderation and flood forecasting as a viable strategy for national development;

WHEREAS, there is a need for consistency of functions and responsibilities and smoother operations among the various major organizational units of PAGASA in view of the additional activities;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree as follows:

Section 1

SECTION 1. Section 4 of the Presidential Decree No. 78 is hereby amended to read as follows:

"Sec. 4. Major Organizational Units: Powers, Duties and Functions. The PAGASA shall be composed of the following major organizational units: The National Weather OFFICE, National Atmospheric, Geophysical and Astronomical Data OFFICE, National Geophysical and Astronomical OFFICE, National Institute of Atmospheric, Geophysical and Astronomical Sciences, TYPHOON MODERATION RESEARCH AND DEVELOPMENT OFFICE AND THE NATIONAL FLOOD FORECASTING OFFICE.

(a) The National Weather Office shall undertake operational activities pertaining to the observation, COLLECTION and reporting of weather within the Philippine Area of responsibility, issue forecasts and warnings of weather conditions affecting national safety, welfare and economy.

(b) The National Atmospheric, Geophysical and Astronomical Data OFFICE shall undertake activities concerning the OBSERVATION acquisition, Collection, quality control, processing and archiving of atmospheric and allied date, to include among others, meteorological, seismic, oceanographic and astronomical data and observations and making same available in usable form for the benefit of agriculture, commerce and industry. This Office shall also conduct continuing studies of Philippine Climatology, Agrometeorology, Solar Radiation, Wind Effects, or Gustiness and other such technological studies vital to national progress.

(c) The National Geophysical and Astronomical OFFICE shall undertake activities or observations and studies of Geophysical and Astronomical phenomena essential for the safety and welfare of the people and also for the economy of the country. The OFFICE shall issue bulletins and/or technical advise to the public in case of significant geophysical events like severe earthquakes and tsunami, and shall also serve as the official time service agency of the Philippines.

(d) The National Institute of Atmospheric, Geophysical and Astronomical Sciences shall undertake activities to develop a high level of knowledge in the atmospheric, geophysical and astronomical sciences to provide for an adequate manpower supply of well-trained scientists and technological personnel in the country with respect to these fields. The Institute shall also conduct researches in Atmospheric Science, in Geophysics and in Astronomy AND SHALL ESTABLISH SYSTEMS AND FACILITIES FOR CARRYING OUT THESE FUNCTIONS.

(e) THE TYPHOON MODERATION RESEARCH AND DEVELOPMENT OFFICE SHALL UNDERTAKE RESEARCH ON THE STRUCTURE, DEVELOPMENT AND MOTION OF TYPHOONS; UTILIZE SCIENTIFIC MEASURES TO REDUCE THE INTENSITY OF TYPHOONS AND RESULTING DESTRUCTION; AND STUDY THE ENVIRONMENTAL IMPACT OF SUCH MEASURES AND ADOPT NECESSARY PRECAUTIONS TO PREVENT LOSS OR DESTRUCTION.

(f) THE NATIONAL FLOOD FORECASTING OFFICE SHALL UNDERTAKE OPERATIONAL ACTIVITIES IN FLOOD FORECASTING AND WARNING COVERING IMPORTANT RIVER BASINS IN THE COUNTRY; DEVELOP THE SYSTEMS AND FACILITIES NECESSARY TO CARRY OUT THESE FUNCTIONS; IMPROVE THE TECHNIQUES AND METHODS USED; AND COORDINATE WITH THE DEPARTMENT OF PUBLIC WORKS, TRANSPORTATION AND COMMUNICATION AND OTHER AGENCIES CONCERNED WITH FLOOD MITIGATION AND CONTROL."

Section 2

SEC. 2. Section 5 of the Presidential Decree No. 78 is hereby amended to read as follows:

"Sec. 5. DIRECTOR-GENERAL, DIRECTORS of major organizational Units, Other Personnel. - The PAGASA shall be headed by a DIRECTOR-GENERAL. The DIRECTOR-GENERAL shall be appointed by the President of the Philippines, subject to confirmation by the Commission on Appointments. He shall hold office during good behavior, and shall not be removed therefrom except for cause. He shall be a citizen of the Philippines with proven executive ability who shall have distinguished himself in science and technology; Provided, That no one shall be appointed DIRECTOR-GENERAL who is already holding an appointive or elective position in a concurrent capacity in the Government. Each DIRECTOR of major organizational units of PAGASA shall be APPOINTED BY THE PRESIDENT OF THE PHILIPPINES SUBJECT TO CONFIRMATION BY THE COMMISSION ON APPOINTMENTS. He shall be a citizen of the Philippines with proven executive ability who shall have achieved distinction in his particular field. PROVIDED, THAT THE INCUMBENT HEAD OF EACH MAJOR ORGANIZATIONAL UNIT OF PAGASA SHALL CONTINUE AS DIRECTOR OF HIS RESPECTIVE UNIT.

All subordinate personnel of PAGASA below the rank of DIRECTOR shall be appointed by the DIRECTOR-GENERAL upon recommendation OF THE RESPECTIVE DIRECTOR OF OFFICE or Institute, in accordance with applicable Civil Service laws and rules."

Section 3

SEC. 3. In Presidential Decree No. 78 all references to Administrator are hereby amended to read DIRECTOR-GENERAL.

Section 4

SEC. 4. Section 9 of Presidential Decree No. 78 is hereby amended to read as follows:

"Sec. 9. Hazardous Duty Pay. - Any officer or employee of the Administration, during the time that he is performing official duties or function involving exposure to personal danger, shall be entitled to additional compensation to be determined by the DIRECTOR-GENERAL and approved by the Secretary of National Defense, exclusive of the usual per diems and other allowances: Provided, that in no case shall the total amount of such additional compensation exceed twenty-five per cent of his annual salary for the period of one year."

Section 5

SEC. 5. Section 10 of Presidential Decree No. 78 is hereby amended to read as follows:

"Sec. 10. Appropriations. - The sum of fourteen million pesos is hereby authorized to be appropriated, in addition to the current budget of PAGASA, to carry into effect the provisions of this Act. Of this amount, ten million pesos shall be used exclusively for the purchase of modern weather equipment to rehabilitate, update, upgrade and replenish the worn out, defective, old and burned facilities; four million pesos shall be for capital outlay, personnel and other operating expenses of the PAGASA; PROVIDED, THAT THE SUM OF TEN MILLION PESOS (P10,000,000.00) APPROPRIATED FOR THE TYPHOON MODERATION AND FLOOD CONTROL RESEARCH DEVELOPMENT COUNCIL UNDER REPUBLIC ACT NO. 6613 IS HEREBY TRANSFERRED TO THE PAGASA, AS WELL AS THE ADDITIONAL APPROPRIATION OF TEN MILLION PESOS (P10,000,000.00) ANNUALLY FOR EACH OF THE NEXT FOUR YEARS: PROVIDED, FINALLY, THAT THE SUM OF FOUR MILLION ONE HUNDRED THOUSAND PESOS, OR SO MUCH OF THE APPROPRIATION AS MAY BE NECESSARY SHALL BE SET ASIDE ANNUALLY TO BE USED EXCLUSIVELY FOR THE PURCHASE AND OPERATION OF THE TYPE OF AIRCRAFT REQUIRED TO CARRY OUT THE TYPHOON MODERATION RESEARCH AND DEVELOPMENT ACTIVITIES."

Section 6

SEC. 6. 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-seven.

(Sgd.) FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.) JUAN C. TUVERA

Presidential Executive Assistant