A DECREE RE-ENACTING PRESIDENTIAL DECREE NO. 867 AND AMENDING CERTAIN PROVISIONS THEREOF

• Number: Presidential Decree No. 1448
• Sections: 24

Preamble

WHEREAS, the promotion of the tourism and travel industry in

the Philippines is a primary concern of the government;

WHEREAS, the growth and development in tourism

accommodations and facilities underscore the need for a concerted and planned

effort to promote the Philippines not only as a tourism destination in the area

but also as a center for world congresses and conventions; and

WHEREAS, it is necessary that an entity be created through

which the government and the private sector in the tourism and allied fields can

pool their resources, talents and efforts to achieve and attain the

abovementioned goals.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by the Constitution, hereby

decree that;

Section 1

SECTION 1. There is hereby created a non-stock, non-profit

corporate body to be known as the Philippine Convention Bureau which shall

maintain its principal office in Metropolitan Manila.

The Philippine Convention Bureau is hereby authorized to adopt, alter and use

a corporate seal; to enter into contracts; to lease or own real and personal

property and to sell or otherwise dispose of the same; to sue and be sued; and

otherwise do and perform any and all things that maybe necessary and proper to

carry out the purposes of this Decree or as are essential to the proper conduct

of its corporate operations.

Section 2

SEC. 2. Objectives. The general objectives of the

Philippine Convention Bureau are:

To create and maintain an organizational machinery to plan, develop and

execute a campaign to promote tourism and to attract international congresses

and conventions in the Philippines.

To conduct a continuing program to promote and project Metro Manila as a

Convention City.

To supervise, assist in and/or coordinate all activities related to the

smooth operation of various congresses and conventions to be held in the

country.

To oversee the requirements and general welfare of the Conventioneers.

To encourage and promote the development of skills and services necessarily

connected with or forming an integral part in the holding of international

congresses and conventions.

Section 3

SEC. 3. Membership. Membership in the Philippine

Convention Bureau is open to entities, groups or individuals with direct or

indirect economic, social or cultural interest in congresses and conventions,

such as shipping companies, souvenir and gift shops, manufacturers, exhibit

promoters, international friendship organizations, interested national

organizations, and others. However, membership in the Bureau for hotels, travel

agencies, tour operators, tourist transport operators, professional congress

organizers, and certain classes of restaurants, resorts and night clubs as

determined by the Department of Tourism shall be a requirement for the issuance

of their respective licenses or permits to operate.

There shall be a Membership Committee to be created by the Board of Trustees

whose principal duty is to screen and submit to the Board its findings or

recommendations on all applications for membership.

The Board of Trustees shall exercise exclusive authority in approving

Membership with a simple majority vote of all the members of the Board.

Section 4

SEC. 4. Board of Trustees. There shall be a policy

making body to be known as the Board of Trustees whose membership shall be drawn

from the Government and private sectors directly involved in the planning and

facilitation of international congresses and conventions, namely:

The Secretary of Tourism, Chairman.

The Assistant Secretary, Office of United Nations Affairs and International

Conferences, Department of Foreign Affairs, Member.

The Governor of the Central Bank of the Philippines or his duly authorized

permanent representatives, Member

The President, Hotel and Restaurant Association of the Philippines, Member

The President, Association of Tour Operation of the Philippines, Member

The President of Philippine Air Lines or his duly authorized permanent

representative, Member

The Director, National Media Production Center, Member

The Director, Bureau of Tourism Services, Member

The Director, Bureau of Tourism Promotion, Member

The General Manager, Philippine Tourism Authority, Member

The President, Tourism Organization of the Philippines, Member

The Chairman of the Board of Trustees shall be assisted by a Vice Chairman

who shall be elected from among the members of the Board and shall upon the

incapacity or absence of the Chairman, act in his stead. The Executive Director

shall sit in the Board as an Ex Officio Member.

Section 5

SEC. 5. Terms of Office. The term of the Board

Members representing the private sector shall run co-terminus with their tenure

as officials of their respective Association.

The term of all members from the government sector shall be co-terminus with

the tenure of their respective government positions.

Section 6

SEC. 6. Compensation of the Board of Trustees.

Members of the Board of Trustees shall not receive any compensation or

remuneration for their services as such, except for per diems to be determined

by the Board for every actual attendance in meetings and expenses for missions

or assignments undertaken for the Bureau.

Attendance in meetings of any committee created by and composed of members of

the Board of Trustees shall be considered as attendance in a Board meeting:

Provided, That in regular meetings of the Board, no proxy shall be

allowed.

Section 7

SEC. 7. Powers and Duties of the Board of Trustees.

The Board shall have the following powers and duties:

Promulgate policies, approve programs and prescribe rules and regulations

necessary to implement the intents and purposes of the Bureau.

Approve the annual Budget and such supplemental Budget as may be submitted

by the Executive Director.

Fix the salaries of the Executive Director and the Deputy Executive Director

and such other officers and personnel as may be necessary for the internal

administration of the Bureau.

Render through its Chairman annual reports to the President and such other

special reports that may be required from time to time.

Exercise all powers necessary or incidental to the attainment of the intent

or purpose of this Decree.

Section 8

SEC. 8. Executive Power. The Executive Power shall

be vested in the Executive Director whose primary duty is to oversee the

operations of the Bureau. He shall be assisted by a Deputy Executive

Director.

The Executive Director and the Deputy Executive Director shall be elected by

a vote of at least eight (8) members of the Board of Trustees. The Executive

Director shall serve as the Bureau's Chief Executive Officer with powers as

prescribed by the Board of Trustees.

The tenure of the Executive Director shall be fixed by the Board of

Trustees.

All other appointments to all positions in the Bureau shall be acted upon and

approved by the Board of Trustees upon the recommendation of the Executive

Director.

Section 9

SEC. 9. Duties of the Executive Director. The

Executive Director shall have the following duties and responsibilities:

Execute and/or administer the policies and measures approved by the Board.

Direct, manage and supervise the executive functions of the Bureau and shall

be responsible for the efficient conduct of its operation.

Determine the general work program of the Bureau.

Represent the Bureau in all dealings with other government offices,

agencies, and other private organizations whether foreign or domestic, as maybe

authorized by the Board.

Prepare and submit to the Board the annual budget and other supplemental

budgets as exigencies demand.

Prepare and submit to the Board the annual report including statement of

finances covering the operations of the Bureau.

Perform such other functions as the Board may delegate.

Section 10

SEC. 10. Duties of the Deputy Executive

Director.

The Deputy Executive Director shall perform such duties as designated by the

Executive Director and shall act in his stead upon the incapacity or absence of

the Executive Director.

He shall directly supervise the functions of the Administrative Department.

Section 11

SEC. 11. Organizational Set-Up. The Bureau shall

have the following Departments: Marketing & Promotions, Administrative,

Research and Statistics, Consultation and Liaison, Secretariat, and Finance. The

Board of Trustees may, however, create such other departments or staff as will

promote and improve the functions and operation of the Bureau.

Section 12

SEC. 12. Duties of the Administrative Department.

The Administrative Department shall take charge of providing the Bureau with

services relating to personnel administration and development, records

management, supplies and equipment procurement, maintenance services, collection

and disbursement administration, legal service and such other functions as may

be assigned by the Board of Trustees.

Section 13

SEC. 13. Duties of the Research and Statistics

Department. The Research and Statistics Department shall provide data and

establish a continuous program of research covering such areas as market and

competition, standards and ethics, policies and incentives and shall disseminate

such information for the benefit of the members of the Bureau.

Section 14

SEC. 14. Duties of the Marketing and Promotions

Department. The Marketing and Promotions Department shall device and

spearhead a sustained promotional scheme covering all general and specialized

media here and abroad to project Manila as a convention destination and to

negotiate and generate actual convention business into the country.

Section 15

SEC. 15. Duties of the Consultation & Liaison

Department. The Consultation and Liaison Department shall serve as the

Bureau’s technical arm in organizing, assisting and facilitating international

conventions and shall ensure the proper execution of cooperative agreements

between the local and foreign organizers of conventions.

Section 16

SEC. 16. Duties of the Secretariat Department. The

Secretariat Department shall provide training, documentation, creative and

Secretariat Services to members of the Bureau and to international secretariats

with congresses and conventions in the Philippines.

Section 17

SEC. 17. Duties of the Finance Department. The

Finance Department shall be responsible for providing the Bureau with staff

advice and assistance in all matters relative to budgetary financial and

management improvement matters.

Section 18

SEC. 18. Funds of the Bureau. Funds for the

operations and programs of the Philippine Convention Bureau shall be drawn from

the following sources:

A uniform Two Hundred Thousand Pesos (P200,000) annual contribution from

each of the government offices represented in the Board of Trustees except the

Central Bank and Philippine Air Lines which shall contribute Five Hundred

Thousand Pesos (P500,000) each.

An annual subsidy representing 10% of the annual collection of the travel

tax to be automatically and directly remitted by the agency authorized to

collect and/or release said tax to the Philippine Convention Bureau;

Provided, That the actual expenditure of this subsidy shall be subject

to government audit.

An annual subsidy representing 50% of the annual collection of hotel room

tax to be released and disbursed under the same conditions as paragraph 2.

Annual membership dues from the compulsory members in accordance with the

following scales:

4 to 5 star hotels in Metro Manila ½ of 1% of their gross income exclusive

of funds held in trust;

1 to 3 star hotels in Metro Manila, ¼ of 1% of their gross income exclusive

of funds held in trust;

4 to 5 star hotels in cities and capital towns, 1/8 of 1% of their gross

income exclusive of funds held in trust;

Tour operators in Metro Manila, ½ of 1% of their gross earnings; and

Provincial tour operators without offices in Manila, 1/8 of 1% of their

gross earnings.

The contributions from all other tourism-oriented

establishments such as restaurants, resorts, and travel agencies, tourist

transport operators, professional congress organizers, Philippine passenger

airlines not prescribed above shall be determined and fixed by the Board of

Trustees.

Subsidies or grants that may be received by the Philippine Convention

Bureau.

Section 19

SEC. 19. GSIS Membership. The officers, personnel

and staff of the Bureau shall, by virtue of this Decree, become compulsory,

members of the GSIS and as such, they shall be entitled to all the benefits

normally accorded to GSIS members such as retirement benefits, insurance,

medicare, leave and similar benefits.

Section 20

SEC. 20. Tax Exemption. Notwithstanding the

provisions of any general or special law to the contrary, the Bureau, its

assets, property, income and transactions shall be exempted from all taxes,

imposts, fees and charges. Contributions to the Bureau shall be deductible in

full from the donor’s income tax.

Section 21

SEC. 21. Applicability of the Corporation Law. The

provision of the corporation law shall apply to the Bureau as they are not

inconsistent with the provisions of this Decree.

Section 22

SEC. 22. Exemption from OCPC Classification. The

following positions in the Philippine Convention Bureau’s corporate structure

are exempted from OCPC classification: Executive Director, Deputy Executive

Director, Department Heads, Corporate Secretary and all regular, technical and

professional staff as determined by the Board of Trustees.

Section 23

SEC. 23. Repealing Clause. All existing laws,

presidential decrees, general orders, letters of instructions, executive orders,

inconsistent with this Decree are hereby repealed.

This Decree shall supercede Presidential Decree No. 867 and shall take effect

immediately.

Done in the City of Manila, this 11th day of June in the year of Our Lord,

nineteen hundred and seventy-eight.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JACOBO C. CLAVE

Presidential Executive

Assistant