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Republic Act

CREATING THE PEFTOK INVESTMENT AND DEVELOPMENT CORPORATION DEFINING ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSES.

Number
Presidential Decree No. 257
Date of approval
Sections
8
Preamble

WHEREAS, the Philippine Expeditionary Force to Korea

((PEFTOK) veterans having gloriously fought in the battlefields of that country

on the side of the free world and having contributed to the preservation of

democratic institutions in this part of the globe, would not want to render at

naught the role and sacrifice they made at the cost of the lives of many of

their comrades-in-arms;

WHEREAS, the officers and men of the Armed Forces of the

Philippines include PEFTOK veterans, and more than any other body of government

personnel they have been called upon to carry and are now carrying a great share

of the great burden of suppressing the activities of men actively engaged in a

criminal conspiracy to seize political and state power in the Philippines, and

the burden of eradicating widespread lawlessness, anarchy, disorder and wanton

destruction of lives and property now prevailing throughout the country;

WHEREAS, one of the objectives of the proclamation of

martial law is to effect economic reforms to enhance the atmosphere of foreign

and local investments, and in the process, create jobs for the country's

unemployed; and

WHEREAS, the PEFTOK veterans, through their PEFTOK Veterans

Association, have signified their desire to render service to the New Society

not only in the preservation of peace and order but also in the economic uplift

of the Filipino people in general and their fellow PEFTOK veterans in

particular;

NOW, THEREFORE, I, FERDINAND E. MARCOS, 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, as amended, do hereby create a corporation to be known as

the PEFTOK Investment and Development Corporation, hereinafter referred to as

the Corporation. Its principal domicile and place of business shall be in Quezon

City, Philippines, or at such other place as the Board of Directors may

determine.

Section 1

SECTION 1. The Corporation shall be a body corporate and

shall be subject to the provisions of the Corporation Law insofar as they are

not inconsistent with the provisions of this Decree, or with the provisions of

this Decree, or with the purpose for which this Corporation is formed, and shall

have the general powers mentioned in said law, and such other powers as may be

necessary to enable it to accomplish its purposes.

In particular, the Corporation, shall among others be vested with the

following powers:

To create, generate, develop, improve, promote, and enhance any and all

kinds of investment opportunities or fields of investment whether now in being

or not and whether new or old; and for the purpose, the Corporation shall invest

in, purchase, acquire, hold, use, sell, lease, assign, transfer, alienate,

dispose or encumber real and personal property of every kind and description,

including shares of stock, bonds, debentures, notes, evidence of indebtedness,

and other securities and interests in property, and shall exercise all rights,

powers and privileges connected with on incident to the ownership, possession,

interest in, and use of such real and personal properties; and may undertake,

organize, form, promote, develop, or establish businesses and all forms of

enterprise, whether here or abroad, as are necessary, suitable, or convenient to

be undertaken, organized, formed, promoted, developed or established to carry

out, directly or indirectly, the purposes and interests or to enhance the

businesses or to render more valuable or profitable any of the rights,

properties, interests or enterprises of this Corporation;

To promote and develop agriculture in the Philippines and turn to account

the resources of land and rights therein, to carry on and conduct an

agricultural enterprise by means of planting, cultivating, constructing,

raising, purchasing, processing, threshing, milling, and selling any and all

plants, trees, fish, livestock, crops and other products of the soil; to engage

in the production and manufacture of any kind of materials and substances which

may be of use or convenience for utilization of agricultural products; to buy,

sell, import, export, or in any manner trade in same, and to carry on studies

and experiments in the cultivation, manufacturing and marketing of such

products, in connection therewith;

To manufacture, buy, sell, and in all ways deal in, and with respect to

articles, goods, wares, merchandise and commodities of all kinds and

descriptions, to engage in and conduct, in all branches and details, the

business of manufacturing and trading;

To enter into and perform contracts, undertakings and obligations of every

kind and character;

To acquire and/or lease lands from the Philippine Government for

agricultural, pastural and related purposes in excess of the areas allowed to

private corporations, associations by existing laws which may prove beneficial

both to the Corporation and the Government;

To borrow money and to incur indebtedness, without limit as to the amount,

and in excess of the capital stock of the Corporation and to issue bonds,

debentures, debenture stock, warrants, notes or other obligations therefor, and

to secure the same by any lien, charge, grant, pledge, deed of trust or mortgage

of the whole or any part of the real and/or personal property of the Corporation

then owned and/or thereafter to be acquired, and/or to issue bonds, debentures,

without any such security;

To grant loans to stockholders for the purpose of enabling said stockholders

in joining cooperative associations which are owned or controlled by PEFTOK

veterans: Provided, That the amount of such loans shall not exceed

fifty percent (50%) of the par value of the stocks actually owned by said

stockholders: Provided, further, That such loan shall be

payable in full within a period of not exceeding one year;

To engage in and carry on the business of general wholesale and retail

merchants, importers, exporters, commission merchants, brokers, factors, agents,

manufacturers, processors, dealing in or with any and all classes of materials,

merchandise, supplies and commodities of every kind and nature;

To carry on any other lawful business whatsoever which may seem to the

Corporation capable of being carried on in connection with the foregoing

purposes and powers, or calculated directly or indirectly to promote the

interest of the Corporation or to enhance the value of its property, and to

have, enjoy and exercise all the rights, powers and privileges which are now or

which may hereafter be conferred upon similar corporations organized under the

laws of the Republic of the Philippines;

To exercise the general powers mentioned in the Corporation Law, insofar as

they are not inconsistent or incompatible with the provisions of this Decree.

Section 2

SEC. 2. The Corporation shall be governed and its activity

shall be directed, controlled and managed by a Board of Directors which shall be

composed of the Secretary of National Defense, the Chief of Staff of the Armed

Forces of the Philippines, the President of the PEFTOK Veterans Association,

Incorporated and six (6) other persons who shall be designated by the President

of the Philippines from a list of qualified PEFTOK veterans. The six (6) persons

so designated shall serve and act as Directors from the date hereof until their

successors are elected and qualified as provided for in the by-laws of

the Corporation.

Section 3

SEC. 3. The capital stock of the PEFTOK Corporation shall be

four million pesos (P4,000,000.00) divided into four hundred thousand (400,000)

common shares with a par value of ten pesos (P10.00) each.

At least fifty-one percent (51%) of the capital stock of the PEFTOK

Corporation shall be fully subscribed by the Government of the Republic of the

Philippines for and in behalf of the PEFTOK veterans and the amount of two

million one hundred ninety-eight thousand and three hundred sixty pesos

(P2,198,360.00) shall be initially paid and transferred to said Corporation out

of the PEFTOK- savings under RA 573: Provided, That within three years

from the date of the proclamation of this Decree all shares of capital stock

subscribed and held by the Government of the Republic of the Philippines for and

in behalf of the PEFTOK veterans shall be transferred to and in the name of

PEFTOK veterans who shall thereafter vote said common shares. A PEFTOK veteran,

his widow, or legitimate children shall only be entitled to three common shares:

Provided, further, That after three years from the date of the

proclamation of this Decree, the Board of Directors of said Corporation shall

from time to time determine the number of unsubscribed capital stock which shall

be available for subscription by PEFTOK veterans.

The sale or transfer of common shares to a party not a PEFTOK veteran shall

not be allowed under any circumstance. Any share may be sold or transferred to

the Corporation which shall issue the same to stockholders who are veterans:

Provided, That no PEFTOK veteran shall be issued a total of more than

one hundred shares.

Section 4

SEC. 4. As defined in this Decree, a PEFTOK veteran is any

officer or enlisted man of Armed Forces of the Philippines, active, inactive, or

honorably separated from the service, who served with any unit of the

Philippines Expeditionary Force to Korea (PEFTOK) as duly certified to by the

Adjutant General of the Armed Forces of the Philippines: Provided, that

for purposes of this Decree, the term "PEFTOK veteran" or "veterans" shall

include the widow and legitimate children of the deceased veteran.

Section 5

SEC. 5. The Corporation shall contribute the amount of five

percent (5%) of its net profit to the assistance fund administered by the

Philippine Veterans Assistance Commission created by Presidential Decree No.

244, dated July 12, 1973.

Section 6

SEC. 6. The legal existence of the Corporation under this

Decree shall be for a period of fifty (50) years from and after the promulgation

of this Decree.

Section 7

SEC. 7. This Decree shall take effect upon its approval.

Done in the City of Manila, this 31st day of July, 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

Assistant Executive Secretary

8 sections

Cite this law

CREATING THE PEFTOK INVESTMENT AND DEVELOPMENT CORPORATION DEFINING ITS POWERS AND FUNCTIONS AND FOR OTHER PURPOSES. (Official Gazette). Retrieved via LawPlayer, https://lawplayer.com/ph/act/pd-257

Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).

No copyright in works of the Government (RA 8293 s.176)

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