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Republic Act

AMENDING PRESIDENTIAL DECREE NO. 243, CREATING A PHILIPPINE VETERANS INVESTMENT DEVELOPMENT COMPANY

Number
Presidential Decree No. 353
Date of approval
Sections
11
Preamble

WHEREAS, Presidential Decree No. 243, dated July 13, 1973,

created the Philippine Veterans Investment Development Company to direct

and look after the productive and investment possibilities coming from

the large number of veterans and retirees of the Armed Forces of the

Philippines; and

WHEREAS, in order that the purposes and objectives of the

said Philippine Veterans Investment Development Company can be

effectively and satisfactorily attained, it is necessary to amend

Presidential Decree No. 243 to enlarge the purposes and powers of the

Corporation, and delineate in detail its operation and structural

organization;

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

Philippines, by virtue of the powers in me vested 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, and General

Order No. 1, dated September 22, 1972, as amended, do hereby amend

Presidential Decree No. 243 as follows:

Section 1

SECTION 1. The name of the corporation referred to in the

title of Presidential Decree No. 243 and its enacting clause is hereby

amended to read as follows: "Philippine Veterans Investment Development

Corporation."

Section 2

SEC. 2. Section 1 of the same Decree is hereby amended to

read as follows:

"SECTION 1. The Corporation shall be governed and its

activities shall be directed, controlled and managed by a Board of

Directors which shall be composed of the Secretary of National Defense

and the Executive Secretary as ex officio directors and five other

persons as regular directors to be appointed by the President of the

Philippines from a list of qualified veterans and retirees in good

standing submitted by the Secretary of National Defense. The Secretary

of National Defense and the Executive Secretary shall act as Chairman

and Vice-Chairman, respectively, of the Board of Directors; the members

of the Board of Directors, except the ex officio directors, shall

receive a per diem allowance of P100 for every meeting of the Board

actually attended by them.

“The term of office of each of the five regular directors shall

be three years with a right to hold over until a successor shall have

been duly appointed and qualified. Whenever a vacancy shall occur among

the regular directors, the person appointed to fill the vacancy shall

hold office for the unexpired term of the member whose place he is

selected to fill. The President of the Philippines may remove any

regular director for cause.

“The Board of Directors shall have the following powers:

“a. To prescribe, amend and repeal, with the approval of

the President of the Philippines, bylaws, rules and regulations

governing the manner in which the general business of the Corporation

may be conducted and the powers granted by law to the Corporation may be

exercised, including a provision for the formation of such committee or

committees as the Board of Directors may deem necessary to facilitate

its business;

“b. To establish such subsidiaries, branches and agencies as may

be deemed necessary and convenient;

“c. To provide for the appointment and removal and to fix the

reasonable compensation of such personnel, including financial, legal,

investment and other technical consultants, as may be necessary for the

expeditious conduct of the business of the Corporation. The officers and

employees of the Corporation shall not be subject to the Civil Service

Law and the rules and regulations of the Wage and Position

Classification Office and Section two hundred fifty-nine of the Revised

Administrative Code.

“No member of the Board of Directors shall in any manner,

directly or indirectly, participate in the deliberation upon or the

determination of any question affecting his personal interests, or the

interests of any corporation, partnership or association in which he is

directly or indirectly interested. Any director violating the provision

of this Section shall be summarily removed by the President of the

Philippines from office and shall upon conviction be punished with a

line not to exceed ten thousand pesos and with imprisonment not to

exceed five years.

Section 3

SEC. 3. Section 2 of the same Decree is hereby amended to

read as follows:

“SEC. 2. The purposes and powers of the Corporation are:

“a. To engage in any commercial, industrial, mining,

agricultural and other enterprises which may be necessary or

contributory to the economic development of the country, or important in

the public interest, or which will promote the well-being of the

veterans and retirees of the Armed Forces of the Philippines;

“b. To invest in, purchase or otherwise acquire, own, hold, use,

operate, sell, assign, transfer, exchange, mortgage, pledge, lease,

develop and otherwise deal in real estate and natural resource projects

or any interest therein, and personal property of every kind and

description, including shares of stock, bonds, debentures, notes,

evidences of indebtedness, and other securities or obligations of any

other corporation or corporations, association or associations, domestic

or foreign, and for this purpose, it may acquire, lease or hold private

lands and public lands of any classification notwithstanding the

prohibitions in, or in excess of the areas permitted by the laws of the

Philippines;

“c. To provide a medium (1) for assisting Government and private

initiative in encouraging and/or promoting the establishment, operation,

expansion or reorganization of productive enterprises; (2) for

facilitating the formation of capital and the free flow of commercial

papers, securities, government bonds, and other evidence of indebtedness

in the capital and money markets and acting for this purpose as

underwriter, dealer and agent of commercial papers, securities,

government bonds and other evidence of indebtedness issued by government

institutions, agencies, subdivisions or instrumentalities, commercial,

industrial, or agricultural organizations, and other forms of business

ventures or organizations; (3) for rendering or promoting the rendering

of sound financial, economic and other technical advice to new

enterprises or assisting governmental or private entities; and (4) for

mobilizing the requisite manpower pool and the information gathering,

retrieval and distribution system that will adequately and efficiently

service the demands of Government, investors and business clients.

“d. To act as general or operating managers, representatives, or

agents of industrial, manufacturing and mercantile concerns of whatever

kind or nature, and to engage in the promotion, assistance,

encouragement, development, and expansion of any lawful business,

industry or trade by means of, among others, scientific advancement of

methods, systems or techniques of operations, management, financing,

investment, labor, conducting research Studies, tests, experiments for

the processes of commercial and industrial products and formulating and

implementing plans for the marketing thereof;

“e. To enter into any lawful arrangement for sharing profits, joint

venture, union, interests, reciprocal concession or cooperation with any

person, or corporation, association, partnership, syndicate or entity

located in or organized under the laws of any authority in any part of

the world in the carrying on of any business which the Corporation is

authorized to carry on, or any business or transaction deemed necessary,

convenient or incidental to the carrying on of the purpose of the

Corporation;

“f. To obtain funds to support or carry out its objects and purposes

and/or to arrange financial or equipment credit, or any kind of

assistance for its own account or for the account, of its clients in

such manner as the Board of Directors of the Corporation may deem

reasonable from governmental or private sources in the Philippines or

elsewhere or from international, public or private lending institutions,

and to secure any or all of the same by any guarantee or

counter-guarantee, by pledge, mortgage, deed of trust, or assignment of

the property of the Corporation, or by creating or suffering to exist a

charge, lien, or encumbrance, general or special, upon its assets, for

the purpose of securing the performance by the Corporation of any

obligation or liability it may undertake for itself or for other

companies or enterprises in which it may be interested:

“g. To purchase, hold, accept, or otherwise acquire by merger,

consolidation or other methods of combination, the whole or any part of

the property, assets, business, goodwill, rights, privileges and

franchises of all kinds and to undertake or assume the whole or any part

of the liabilities and obligations of any person, firm, association or

corporation, and to pay for the same or any part or combination thereof

in cash, stocks, bonds, debentures, notes or other securities of this

Corporation or otherwise, or by undertaking or assuming the whole or any

part of the liabilities or obligations of the transferor, and to hold

or in any manner dispose of the whole or any part of the property and

assets so acquired, accepted or purchased, and to conduct in any lawful

manner the whole or any part of the business so acquired and to exercise

all the powers necessary or convenient in and about the conduct,

management and carrying on of such business;

“h. To apply for, register, purchase or otherwise acquire, use, protect

and renew any patents, patent rights, licenses, concessions, trademarks,

tradenames, inventions, formulas and processes used or capable of being

used in connection with any of the business of the Corporation the

acquisition of which may directly or indirectly benefit the Corporation,

and to use, exercise, develop, sell, assign, or otherwise dispose of,

or grant licenses in respect of, the property, rights, trademarks or

other information so acquired, and to spend money in experimenting upon,

and testing and improving, any patents, inventions or rights which the

Corporation may acquire or propose to acquire;

“i. The Corporation shall have the power to make, perform and carry out

contracts of every sort and kind, and particularly, but not by way of

limitation, to make and perform contracts creating any of the property,

real or personal, owned by the Corporation; to organize, manage and

operate subsidiary or affiliate companies; to establish and/or maintain

one or more offices or branches in other parts of the Philippines or

abroad, and to conduct its business and exercise its powers in any part

of the Philippines or in any other country, slate or territory; and in

carrying on its business, to do any and all acts and things and to

exercise all powers which may be necessary or convenient to the

accomplishment or furtherance of its business or which a natural person

could do and exercise and which may now or hereafter be authorized by

law."

Section 4

SEC. 4. Section 3 of the same Decree is hereby amended by

the deletion of the second paragraph thereof relative to the particular

powers of the Corporation.

Section 5

SEC. 5. Section 4 of the same Decree is hereby amended

to read as follows:

“SEC. 4. The Corporation shall have perpetual existence.

The principal office of the Corporation shall be in the City of Manila

or such other place as may be fixed by the Board of Directors of the

Corporation.”

Section 6

SEC. 6. Section 5 of the same Decree is hereby amended to

read as follows:

"SEC. 5. The total number of shares which the Corporation

shall have authority to issue is twenty million shares, all of which

shall be without par value. Authority is hereby conferred upon the Board

of Directors of the Corporation to issue shares for such consideration,

payable in cash or property, as said Board may from time to time fix,

but in no event less than five pesos (P5.00) per share.

“Sixty per centum of the said capital stock, or twelve million

shares with an assigned value of five pesos (P5.00) each, shall be

subscribed by the Government of the Republic of the Philippines. Three

million of the said subscribed shares amounting to fifteen million pesos

shall be immediately paid for by the Government from the accumulated

earnings of the Veterans Claims Settlement Fund.

“Subscription of the Government of the Republic of the

Philippines shall be made by the President, and the voting power of such

shares of stock shall be vested in him or in such person as he may

designate.

“Fifty percent of the cash dividends pertaining to-the shares of

the Government shall be automatically applied to the payment of the

subscribed capital stock of the Government until the said capital stock

shall have been fully paid for and the balance shall be turned over to

the Philippine Veterans Assistance Commission for use in veterans

assistance projects. Upon full payment of the subscription of the

Government, all the cash dividends payable on the shares of the

Government shall be turned over to the Philippine Veterans Assistance

Commission for the same purpose.

“The Corporation shall be exempt from the payment of any and all

taxes, duties, charges, fees and assessments of whatever nature and

description imposed by any authority, whether national or local.

Section 7

SEC. 7. The same Decree is hereby amended by deleting the

provision under Section 6 and substituting in lieu thereof the following

provision:

"SEC. 6. The Corporation shall have its own auditor and

shall not be subject to the supervision or control of the Commission on

Audit. The auditor shall be appointed by the Board of Directors

preferably from among veterans and ex-servicemen of good standing who

are certified public accountants and with actual experience in the work

of a comptroller. The auditor may not be removed except for cause."

Section 8

SEC. 8. The same Decree is hereby amended by deleting the

provision under Section 7 and substituting in lieu thereof the following

provision:

"SEC. 7. All veterans funds now being administered by the

Philippine Veterans Bank and the Reparations Commission (Republic Act

No. 1789) or those that may hereafter be administered by other agencies

and which are not encumbered or earmarked for any individual veteran or

organization shall be placed under the administration, management and

control of the Corporation."

Section 9

SEC. 9. Section 8 of the same Decree is hereby amended to

read as follows:

“SEC. 8. This Decree shall take effect immediately,

provided that amendments, changes and modifications may be made by me

and the same shall take effect after pronouncement thereon by me or by

my duly designated representative. The provisions of existing laws,

executive or administrative orders, rules and regulations, or parts

thereof inconsistent with the provisions of this Decree shall be

inapplicable.”

Section 10

SEC. 10. The same Decree is hereby amended by adding a new

section to be known as Section 9 which shall read as follows:

"SEC. 9. The provisions of this Decree are hereby

declared to be separable and if any clause, sentence, provision or

section of this Decree or application thereof to any person or

circumstances should for any reason be held invalid or unconstitutional,

such invalidity or unconstitutionality shall not affect the other

provisions or application of this Decree which can be given force and

effect."

Done in the City of Manila, this 26th day of December, in the year

of Our Lord, nineteen hundred and seventy-three.

(Sgd.) FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ROBERTO V. REYES

Assistant Executive Secretary

11 sections

Cite this law

AMENDING PRESIDENTIAL DECREE NO. 243, CREATING A PHILIPPINE VETERANS INVESTMENT DEVELOPMENT COMPANY (Official Gazette). Retrieved via LawPlayer, https://lawplayer.com/ph/act/pd-353

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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