Presidential Decree No. 1208 (PD 1208) — Creating the Abaca Industry Development Authority
WHEREAS, the Philippines is the leading producer and
exporter of abaca fiber in the world;
WHEREAS, there exists an unstable world market for abaca
fiber subject to volatile price fluctuations;
WHEREAS, abaca farmers are shifting to other crops in view
of an unstable market for their products;
WHEREAS, an orderly and stable market is necessary for the
maintenance and growth of the abaca industry;
WHEREAS, it is Government policy to provide adequate
assistance to the agricultural sector in line with the national objective of
increasing agricultural production and boosting exports;
WHEREAS, the foregoing considerations make it desirable to
have one agency to regulate abaca production, processing, distribution, sale,
transport and storage;
WHEREAS, since the abolition of the Abaca Corporation in
1970 and the abolition of the Abaca and Other Fiber Development Board in 1972,
there has been no single government agency in charge of the integrated
development of the abaca industry;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution, do hereby
decree and order the following:
Creation of the Abaca Industry Development Authority.
SECTION 1. Creation of the Abaca Industry Development
Authority.—The Abaca Industry Development Authority, hereinafter referred
to as the AIDA, is hereby established and attached to the Department of
Agriculture for the purpose of promoting the accelerated growth and development
of the abaca industry in all its aspects. AIDA shall rationalize the research,
production, processing, and marketing of abaca, and provide continued leadership
and support for the integrated development of the industry;
Transfer of Functions.
SEC. 2. Transfer of Functions.—All functions and
all powers of the Bureau of Fiber Development and Inspection Service (BFDIS) of
the Department of Trade pertinent to the abaca industry except for grading and
inspection functions are hereby transferred to the AIDA. Such transfer shall
include the corresponding balances of appropriations, records, equipment,
properties and such personnel as may be necessary, Provided, That the
Bureau of Fiber Development and Inspection Service (BFDIS); shall henceforth be
renamed Bureau of Fiber and Inspection Service (BFDIS); Provided,
further, That the AIDA, through its Board, shall effect the transfer
herein provided in a manner that will ensure the least disruption of
on-going programs and projects.
The Abaca Production and Development Program (APDP) is hereby transferred
from the Department of Agriculture to the AIDA, together with all corresponding
balances of appropriations, records, equipment, properties and such personnel as
may be necessary; Provided, That the AIDA through its Board, shall
effect the transfer herein provided in a manner that will ensure the
least disruption of ongoing programs and projects.
Board of Directors.
SEC. 3. Board of Directors.—The powers and
functions of the AIDA shall be vested in and exercised by a Board of Directors
which shall be composed of the following officials or their representatives:
1.
Secretary of Agriculture —
Chairman
2.
Secretary of Trade —
Member
3.
Chairman of Board of Investments —
Member
4.
Secretary of Local Governments and Community Development
—
Member
5.
Governor of the Central Bank —
Member
6.
Governor, Development Bank of the Philippines —
Member
7.
President, Philippine National Bank —
Member
8.
A representative of the abaca producers —
Member
9.
A representative of the abaca traders —
Member
The President shall appoint the representatives of the abaca producers and
traders upon recommendation of the Secretary cf Agriculture and they shall hold
office for a term of three (3) years unless sooner removed for cause or until
their successors shall have been appointed and qualified.
The members of the Board from the government sector, if unable to attend a
Board meeting, may designate their respective alternates whose acts shall be
considered the acts of principals.
The members of the Board shall elect a Vice-Chairman who shall act as
Chairman in case of the absence, inability or temporary incapacity of the
Chairman; Provided, That in the absence of the Chairman and
Vice-Chairman, the Board shall elect a temporary presiding officer.
The members of the Board may receive per diems per meeting actually attended
at such amount to be fixed by the Board, but not to exceed one thousand pesos
per month.
Organization.
SEC. 4. Organization.—The AIDA is empowered to
determine and create its organizational structure in order to achieve its
objectives, including the number, positions and salaries of its officers and
employees. The Board shall create the positions of Administrator, Deputy
Administrator or Administrators, and such other subordinate officials as may be
required. The Board shall appoint all the officers of the AIDA, establish a
compensation scheme including allowances and benefits, working hours and other
conditions of employment as it may deem proper, discipline and/or remove for
cause employees, and exercise such other powers over its personnel as may be
necessary for the efficient operation of the AIDA. The management of the AIDA
shall be vested in an Administrator to be appointed by the Board who shall have
the following functions and powers:
To direct and manage the affairs and business of the Authority in accordance
with policies enunciated by the Board;
To establish and maintain, upon approval by the Board, an organization with
specific functions and responsibilities for each operating unit;
To perform such other duties as may be assigned to him by the Board from
time to time. Managerial and technical personnel shall be specifically exempt
from OCPC and Civil Service requirements.
SEC. 5. To carry out the objectives and purposes mentioned
in Section 1 of this Decree, the AIDA, through its Board, shall have the
following powers and functions:
Formulate and implement in cooperation with related agencies, integrated
programs and comprehensive policy guidelines for the accelerated development of
the industry as a whole;
Regulate research, production, processing, and marketing of abaca in both
the domestic and the international markets when necessary;
Establish a monitoring system for the assessment of the abaca supply and
demand situation, both domestic and worldwide;
Negotiate and enter into contracts for the export of abaca under such terms
and conditions as it may deem reasonable when necessary;
Negotiate and enter into contracts for shipping facilities necessary for the
export of abaca including the purchase and/or charter of vessels when necessary;
Establish and maintain storage facilities for abaca in the country or in
major foreign markets whenever such facilities are deemed necessary;
Establish and administer a price scheme and maintain a stockpile of abaca
when necessary to stabilize prices for the benefit of abaca fanners in the
country;
Promote and undertake reasearch in abaca in coordination with the Philippine
Council for Agriculture and Resources Research and other appropriate agencies
with a view to expanding the production, utilization, processing, marketing of
abaca for domestic and foreign uses;
Borrow from local and international financing institutions, and issue bonds
and other instruments of indebtedness, subject to existing rules and regulations
of the Central Bank and the Department of Finance, for the purpose of financing
programs and projects deemed vital and necessary for the early attainment of its
goals and objectives;
Formulate and recommend for adoption by financial institutions, credit
programs to support research, production, processing, and marketing of abaca;
Formulate and recommend for adoption by other agencies and
instrumentalities, such programs and projects as may be found necessary to
accelerate industry development;
Enter into, make and execute contracts of any kind as may be necessary to
achieve the objectives of the AIDA;
Receive and administer funds provided by law and draw, with the
approval of the President, funds from existing appropriations as may be
necessary in support of its program, and to accept donations, grants, gifts and
assistance from all kinds of international and local private foundations,
associations, or entities, and to administer the same in accordance with the
instructions or directions of the donor, or in default thereof, in the manner it
may, in its discretion determine;
Invest and deal with the funds of the Authority, in order not to make such
funds idle and unproductive pending their full utilization for the principal
objects and purposes for which the AIDA has been organized;
Obtain complete access to all pertinent information on the operations of the
industry.
Power to Issue Rules and Regulations to Implement Decree.
SEC. 6. Power to Issue Rules and Regulations to
Implement Decree.— The AIDA is hereby authorized to issue or to promulgate
rules and regulations to implement and carry out the purposes and provisions of
this Decree.
Appropriations.
SEC. 7. Appropriations.—For the fiscal years 1977
and 1978, all unexpended and unprogrammed appropriations out of funds already
stipulated for abaca development from the appropriations of the Bureau of Fiber
and Inspection Service of the Department of Trade and all unexpended funds,
programmed and unprogrammed, appropriated for the Abaca Production and
Development Program of the Department of Agriculture are hereby transferred to
the AIDA.
Any provision of existing law to the contrary notwithstanding, AIDA may
impose fees or receive grants, subsidies, donations, or contributions from any
entity and retain such funds for its operation.
Separability Clause.
SEC. 8. Separability Clause.—The provisions of this
Decree are hereby declared to be separable, and in the event any one or more
provisions are held unconstitutional, the validity of other provisions shall not
be affected.
Repealing Clause.
SEC. 9. Repealing Clause.— All laws, decrees, acts,
executive orders, ordinances, rules and regulations which are inconsistent with
the provisions of this Decree are hereby repealed, amended or modified
accordingly.
Effectivity.
SEC. 10. Effectivity.—This Decree shall take effect
upon approval.
Done in the City of Legazpi this 8th day of October 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).
