Investigations, Inquiries or Hearings.
SEC. 34. Investigations, Inquiries or Hearings. —
To facilitate the determination of the economic practicability or
feasibility of any step in any of its plans, supplements or amendments
thereto, or of any other fact or matter -which the Authority is
authorized and empowered to decide or determine, the Authority may
conduct investigations, inquiries or hearings at such place or places
and at such times as it shall appoint. Such investigations, inquiries or
hearings may be held by or before the Board or by or before any person
or persons duly designated by the Board as the Authority's
representative.
Abolition of Existing Tourism Agencies or Authorities.
SEC. 35. Abolition of Existing Tourism Agencies or
Authorities. — To integrate all the functions and activities of the
government, as well as minimize duplication of work and thus achieve
economy, efficiency and effectiveness of operation in the conservation
and development of tourist attractions, the following agencies or
authorities are hereby abolished and their powers, functions, assets and
liabilities, together with applicable appropriations, records,
equipment, obligations and contracts, rights, choses in action, etc.,
are hereby transferred to and shall continue to be vested in and assumed
by the Authority:
Hundred Islands Conservation and Development
Authority;
San Juanico Strait Tourist Development Authority.
Provided, That the Board shall determine what personnel of
the abolished agencies shall be absorbed by the Authority: Provided,
further. That the Authority shall maintain contact and consult with
the private operators in each area affected.
Properties Transferred to the Authority.
SEC. 36. Properties Transferred to the Authority. — The
Looc Estate is hereby transferred to the Authority for development,
management, administration or disposition; other properties with tourism
potentials such as, but not limited to, hotels, resorts, islands, real
estates that have been fore-closed by the GSIS, DBP, SSS and other
financial institutions shall be transferred to the Authority under such
terms and conditions which may be mutually agreed upon between the
Authority and the financial institutions concerned.
Equipment, Supplies and Services Other than Personnel.
SEC. 37. Equipment, Supplies and Services Other than
Personnel. — All purchases of equipment and supplies or contracts
for services, except for personnel services, entered into by the
Authority, shall be done through competitive public bidding: Provided,
That bidding shall not be required when (1) an emergency, as certified
by the General Manager, requires immediate delivery of the supplies or
performance of the services, and (2) the aggregate amount involved in
any one purchase of supplies or procurement of services does not exceed
fifty thousand pesos (P50,000), in which case, such purchase or
procurement may be made in the usual course of business: Provided,
further, That the Authority's emergency purchase of supplies and
services shall not exceed the amount of five hundred thousand pesos
(P500,000) for any one month: Provided, finally, That in
comparing bids and in making awards, the Authority shall consider such
factors as the cost and relative quality and adaptability of supplies or
services; the bidder's financial responsibility, skill, experience,
integrity, and ability to furnish repairs and maintenance services; the
time of delivery or performance offered; and the bidder's compliance
with the specifications desired.
Charter VI
MISCELLANEOUS PROVISIONS
Definition of Terms.
SEC. 38. Definition of Terms. — Whenever used or cited
in this Decree:
Authority — shall mean the Philippine Tourism
Authority;
President — shall mean the President of the Philippines
and upon the transition from the presidential to the parliamentary
system of government, shall mean the Prime Minister;
Registered Tourism Enterprise — shall mean a person,
corporation, partnership or other entity organized and existing
under the Philippine Constitution registered with the Authority in
accordance with and as defined by Presidential Decree No. 535, and
engaged in or proposing to engage in rendering services to foreign
tourists and travelers covered by the Tourism Priorities Plan and
subject to the guidelines prepared by the Department of Tourism;
Tourist Zone — shall mean a geographic area with
well-defined boundaries proclaimed as such by the President, upon the
recommendation of the Authority, and placed under the administration and
control of the Authority;
Wholly-Owned Subsidiary Corporation — shall mean a
corporation that is organized or a corporation already in existence
wherein one hundred per cent (100%) of its shares of stock are owned or
controlled by the organizing or subscribing Authority, in this case, the
Philippine Tourism Authority, to carry out or accomplish its purpose.
Penalties.
SEC. 39. Penalties. — Any person violating or
causing another to violate any provision of this Decree or the rules and
regulations of the Authority pursuant to this Decree shall, upon
conviction by a Court of competent jurisdiction, suffer the penalty of
imprisonment of not less than two (2) years nor more than five (5) years
or a fine of not less than two thousand pesos nor more than twenty
thousand pesos, or both, at the discretion of the Court. In addition
thereto, such violation shall constitute a valid ground for the
revocation of all privileges, permits and authorization granted to such
person or entity under this Decree by the Philippine Tourism Authority: Provided,
however, That if the offender is a corporation, firm, partnership,
or association, the penalty shall be imposed upon the guilty officer or
officers, as the case may be, of the corporation, firm or association,
and if such guilty officer or officers is an alien, in addition to the
penalties herein prescribed, he or they shall be deported without
further proceedings on the part of the Commission on Immigration and
Deportation.
Separability Clause.
SEC. 40. Separability Clause. — The provisions of
this Decree are hereby declared to be separable, and in the event any
one or more of such provisions are held unconstitutional, they shall not
affect the validity of other provisions.
Repealing Clause.
SEC. 41. Repealing Clause. — Sections 9, 10, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 27 and such
other provisions of Presidential Decree No. 189 dated May 11, 1973,
pertaining to the Philippine Tourism Authority, which are inconsistent
with the provisions of this Decree, are hereby superseded, amended or
modified accordingly. All other acts, statutes, decrees, orders,
instructions, rules and regulations or parts thereof that are
inconsistent with the provisions of this Decree are hereby either
repealed or modified accordingly.
Effectivity.
SEC. 42. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila, this 2nd day of October, in the
year of Our Lord, nineteen hundred and seventy-four.
(Sgd.)
FERDINAND E. MARCOS
President of the Philippines
By the President:
(Sgd.)
ROBERTO V. REYES
Acting Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
