Presidential Decree No. 1204 (PD 1204) — Amending Certain Section of Presidential Decree No. 79, as Amended, Otherwise Known as the Revised Population Act of the Philippines.
WHEREAS, the population program constitutes a program for
family planning, health and welfare;
WHEREAS, there exists a necessity for the active
participation of the Secretaries of the Department of Local Government and
Community Development and Department of Labor to represent the local government
and labor sector respectively, in the formulation and implementation of policies
of the national family planning, health and welfare program;
WHEREAS, further amendments to P.D. 79 are likewise
necessary to strengthen the powers of the Commission on Population in order to
implement more effectively the plans and policies enunciated in carrying out the
purposes and objectives of the national family planning, health and welfare
program;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution do hereby
decree;
SECTION 1. Section 5 of Presidential Decree No. 79, as
amended, is hereby amended to read as follows:
"SEC. 5.—Duties and Functions of the POPCOM.—The
POPCOM shall have the following duties and powers:
(a) To employ or authorize the employment by participating agencies in the
national family planning, health and welfare program of physicians, nurses, and
midwives and other persons 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 persons
except physicians, for the purpose of contraception, have been trained and duly
certified by the POPCOM."
SEC. 2. Section 6 of Presidential Decree No. 79, as amended
is hereby amended to read as follows:
"SEC. 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 the Secret try of Social
Service and Development, Secretary of Education and Culture, Secretary of
Health, Secretary of Economic Planning, Secretary of Local Government and
Community Development, Secretary of Labor, Dean of the University of the
Philippines Population Institute, Executive Director of the Population Center
Foundation, Inc., and two (2) other members from the private sector who possess
the necessary expertise in the field of population and who are not recipients of
Population Commission program funds, each to be appointed by the President of
the Philippines for a term of three years."
SEC. 3. Section 8 of Presidential Decree No. 79, as amended
is hereby amended to read as follows:
"SEC. 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:
To call and preside over the meetings of the Board;
To review and with the concurrence of the Board, authorize major policies
and programs as a whole:
To appoint with the approval of the Board, the Executive Director and such
number of Deputy Executive Directors and Regional Directors as the exigencies of
the service may require and recommend to the Board their respective compensation
and the suspension and removal of said officials for cause;
To submit to the President an annual report and such periodic reports as may
be necessary on the accomplishments and programs of the POPCOM;
To accept on behalf of the POPCOM, gifts, grants or donations and
administer, obligate and disburse the same in accordance with the provisions of
this Decree;
To constitute committees consisting of members of the Board or such other
experts and consultants from both the private and public sectors as are deemed
necessary to conduct studies for the POPCOM or to assist in the discharge of its
functions; and, subject to the approval of the Board, authorize the payment of
honoraria or additional compensation and commutable traveling allowances for
sen-ices rendered, except to the members of the Board;
To delegate to the Executive Director subject to the approval of the Board
any of the powers vested in him as may be necessary in the performance of
functions; and
(h) To perform such other duties as may be assigned to him by the Board from
time to time."
SEC. 4. Section 9 of Presidential Decree No. 79, as amended
is hereby amended to read as follows:
"SEC. 9. Meeting. The Board shall meet at least once every
four months or oftener at the call of the Chairman. Six (6) members of the Board
shall constitute a quorum and no action shall DC considered as a decision of the
Board unless it carries the affirmative vote of at least six (6) member present
and voting. Members of the Board who are government officials shall serve
without additional compensation. However, they shall be allowed commutable
traveling, representation and other necessary allowances."
SEC. 5. Section 10 of Presidential Decree No. 79, as amended
is hereby amended to read as follows:
"SEC. 10. Executive Director, Powers and Duties. The
management of the POPCOM shall be vested in 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;
To direct and manage, as Chief Executive Officer, the affairs of the POPCOM,
in accordance with policies enunciated by the Board;
To sit in all meetings of the Board and participate in its deliberations
without the right to vote; to recommend and upon approval by the Board,
establish and maintain an organization structure with specific functions and
responsibilities for each operating unit;
In consultation with the Chairman and with the approval of the Board, to
appoint and fix the number, of such officials below the deputy executive
director and employees of the POPCOM as may be necessary for the proper
discharge of its functions and responsibilities, and, to remove, suspend and
otherwise discipline, for just cause, any subordinate personnel thereof;
To disburse, administer and obligate appropriations of the POPCOM, subject
to the approval of the Board;
To submit annual and/or such supplemental budget estimates to the Board of
Commissioners, through the Chairman;
To recommend, for approval of the Board, policies, programs, and project
proposals on population matters from whatever source and to submit
recommendations for the effective coordination and implementation of approved
programs and projects; and
To perform such other duties as may assigned to him by the Board and the
Chairman from time to time."
SEC. 6. All laws or decrees inconsistent with Decree are
hereby repealed or modified accordingly.
SEC. 7. This Decree shall take effect immediately.
DONE in the City of Manila, this 29th day of September, in the year of Our
Lord, nineteen hundred and seventy-seven.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
