Presidential Decree No. 721 (PD 721) — Further Amending Part IX of the Integrated Reorganization Plan by Reconstituting the Department of Trade.
WHEREAS, it is the declared policy of the government to
strengthen the socio-economic development in the field of commercial
activities by vigorous export promotion to generate foreign exchange and
by effective domestic trade and marketing program;
WHEREAS, with the creation of a separate Department of
Tourism and a Department of Industry, the role and scope of activities
of the Department of Trade necessitate a redefinition; and
WHEREAS, there is an urgent need to realign government
efforts toward export and trade promotion for greater effectiveness.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby adopt, approve and make as part of the law of the land the
amendment to the provisions of Part IX of the Integrated Reorganization
Plan by reconstituting the Department of Trade.
Accordingly, Part IX of the Integrated Reorganization Plan is
hereby amended to read as follows:
Department Proper.
SECTION 1. Department Proper.—The Department of
Trade, hereinafter referred to in this Decree as the Department, shall
be responsible for the promotion, development, expansion, regulation and
control of foreign and domestic trade and in pursuance of this
responsibility shall be empowered and authorized to issue such rules and
regulations and adopt such measures as to:
consolidate and/or coordinate all functions and efforts
pertaining to the promotion of exports in particular and development of
foreign trade in general;
maintain reasonable allocation/distribution as between domes
tic and export market through export retentiom, export allocation,
export subsidy, pricing, export ban and other schemes and measures to
ensure price stability and supply availabilities of essential
commodities in the local market;
regulate the import of essential consumers and
producers' items with a view to enhancing availability at fair and
competitive prices to end-producers; and
promote and regulate domestic trade, marketing and
distribution to ensure the rational, economical and steady flow
of commodities from producing and/or marketing centers to
areas in short-supply through the support of centralized buying
operations, terminal markets and large-scale and economical distribution
systems organized by the public or private sector.
Authority and responsibility for the Department is vested in the
Secretary of Trade, hereinafter referred to as the Secretary. He shall
be assisted by only one Undersecretary.
The following are created
in the Department Proper: (1) Planning Service; (2) Financial and
Management Service; (3) Administrative Service; and (4) Legal Service.
Bureau of Domestic Trade.
SEC. 2. Bureau of Domestic Trade.—The Bureau of Domestic
Trade shall, among others, consolidate functions pertaining to local
commerce and the protection of the consuming public.
There are
created the following divisions in the Bureau of Domestic Trade:
Trade Nationalization Division which shall implement
the provisions of Republic Act Numbered One Thousand Three Hundred
Eighteen, Republic Act Numbered One Thousand One Hundred Eighty and all
such laws relating to the regulation of retail trade and other business
of Filipino citizens;
Domestic Trade Promotion Division which shall
stimulate domestic commerce, establish trade relationship among
businessmen and encourage the organization of merchant groups among
Filipinos engaged in different lines of business;
Brokers Division which shall administer the licensing of
commercial brokers and real estate brokers and appraisers, excluding
brokers for stocks and securities;
Consumer Protection Division which shall administer
the registration of business names, private merchants, and bulk sales
documents; and enforce laws on monopolies and trade practices
in restraint of trade, mislabeling and product misrepresentation,
other unfair trade practices and consumer protection in general,
in this last regard for which it shall coordinate with the Food and
Drug Administration of the Department of Health; and
Field Operations Division which shall extend the services and
functions of the Bureau to the different regions, provinces
and district of the country.
Bureau of Foreign Trade.
SEC. 3. Bureau of Foreign Trade.—The Bureau of
Foreign Trade shall, among others, consolidate all functions and efforts
pertaining to the promotion of exports in Particular and development of
foreign trade in general.
The following divisions are created in
the Bureau:
Foreign Trade Promotion Division which shall, among others,
conduct researches and studies on the promotion and expansion
of Philippine exports. It shall also provide necessary information to
interested persons and businessmen on foreign trade development
and prospects.
Export Service Coordination Division which shall, among others,
coordinate all activities and functions of government agencies involved
in the processing of export papers. It shall also update, improve or
simplify the administrative procedures involved in the processing of
export papers.
Foreign Trade Relations Division which shall, among others,
deal with Philippine commercial relations with other
countries. It shall gather information on other countries' economies and
economic and commercial policies and shall encourage
Philippine participation in international trade fairs and
expositions.
All commercial attaches shall be appointed by, and placed under
the control of the Secretary and under the supervision of the Director
of the Bureau of Foreign Trade, except when actually assigned to
missions abroad, in which case the provisions of Paragraph 3, Article
IV, Part XVIII of the Integrated Reorganization Plan shall prevail.
Securities and Exchange Commission.
SEC. 4. Securities and Exchange Commission.—The
Securities and Exchange Commission shall, among others, encourage the
formation of partnership and corporate ventures with widely and publicly
held equity, and protect the investing public from deceptions and
frauds in securities marketing.
The following divisions are retained in the Securities and
Exchange Commission:
Stock Brokers and Exchange Division which shall,
among others, handle the regulation of activities of securities,
exchanges, brokers, dealers and their salesmen; and
Examiners and Appraisers Division which shall, among others,
handle the financial and accounting phase of the visitorial functions of
the Commission.
The Legal Enforcement Division is renamed Corporate Division. It
shall, among others, handle the processing of corporation papers and
by-laws, articles of association and partnership agreements, the
registration and licensing of securities, and the investigation of
corporations.
The Securities and Exchange Commission shall be
converted into a collegial body composed of a full-time Chairman and two
full-time members who shall serve for a term of six years for which the
corresponding positions are created. In the initial appointments of
Chairman and members, one shall be appointed to service for six years,
one for four years, and one for two years. The positions of Commissioner
and Deputy Commissioner are hereby abolished: Provided, That the
incumbent Commissioner shall continue to serve the
Commission in accordance with Paragraph 13, Article 1, Chapter 1, Part
XXIII of the Integrated Reorganization Plan.
Philippines Bureau of Products Standards.
SEC. 5. Philippines Bureau of Products Standards.—The
Bureau of Standards is renamed Philippines Bureau of Products Standards
which shall, among others, be responsible for establishing standards
for commodities, inspection and certification of products for exports
and local distribution, and inspection and certification of products
imported by the country.
Philippines Patent Office.
SEC. 6. Philippines Patent Office.—The
Philippines Patent Office shall, among others, be responsible for the
promotion of scientific research and inventions; and for the protection
of owners of industrial property rights.
In addition to the General Organic Chemistry Division;
Chemical Technology Division; Mechanical Division; Electrical, Design
and Utility Model Examining Division; and the Trademark Examining
Division, the following divisions are created:
Legal Service Division which shall, among others,
render legal advise to the Director of Patents and to hear and
decide interparte cases, oppositions, cancellations,
interferences, public use proceedings and matters dealing with
compulsory licensing.
Research and Information Division which shall, among others, be
responsible for the conduct of researches on various subjects, act
as custodian of all scientific and legal books of the Office and shall
perform library service functions, and product and disseminate
information pertaining to office and court decisions on patent and
trademark case.
Bureau of Fiber Inspection Service.
SECTION 7. Bureau of Fiber Inspection Service.—The
Bureau of Fiber Inspection Service is renamed Bureau of Fiber
Development and Inspection Service, which shall, among others, be
responsible for the maintenance and enforcement of a uniform standard
classification of abaca and other Philippine fibers intended for export
and for domestic consumption.
ECAFE Unit.
SEC. 8. ECAFE Unit.—The ECAFE Unit is renamed
ESCAP (Economic and Social Commission for Asia and the Pacific) Unit.
The ESCAP Unit of the Philippine Committee on ESCAP matters is retained
in the Department and its functions shall include, among others, to act
as liaison agency for securing quick exchange of in-formation between
the ESCAP Secretariat and the Philippine Government and the various
governments in the ESCAP region and to work for the implementation of
resolution or studies approved or undertaken by the Commission and ESCAP
Secretariat, respectively.
UNCTAD Unit.
SEC. 9. UNCTAD Unit.—The UNCTAD Unit of the
Philippine Committee on UNCTAD matters is maintained in the Department
and its functions, shall include, among others, to act as liason agency
in the various areas of economic and trade development between the
United Nations Conference on Trade and Development (UNCTAD) and the
Philippine Government in the various trade aspects of international
economic cooperation and to undertake the implementation of resolution
and studies recommended and approved by the inter-agency committee
involved.
Government-Owned or Controlled Corporation and Agencies attached to the Department of Trade.
SEC. 10. Government-Owned or Controlled Corporation
and Agencies attached to the Department of Trade.— The following
agencies are attached to the Department: (a) Philippine Export Credit
Insurance and Guarantee Corporation; (b) Permanent Committee for the
Implementation of the Philippine Indonesian Agreement on Economic and
Technical Cooperation; (c) Philippine International Trading Corporation;
(d) Design Center Philippines; (e) Metric System Board; (f) Philippine
Shippers' Council; (g) Cottage Industry Development Council (CIDC); (h)
Cottage Industry Development Enterprise (CIDE); (i) National Cottage
Industries Development Authority (NACIDA); and (3) Nacida Bank.
Price Control Council.
SEC. 11. Price Control Council.—The Price Control
Council is renamed Price Stabilization Council and placed under the
administrative supervision of the Department.
Trade Assistance Centers.
SEC. 12. Trade Assistance Centers.—The putting up
of trade assistance centers with an appropriation of four million five
hundred thousand pesos (P4,500,000) under the current Annual General
Appropriation Decree is hereby transferred from the Bureau of Domestic
Trade to the Office of the Secretary. To carry out the purposes of the
trade assistance centers, the sum of two million two hundred fifty
thousand pesos (P2,250,000) is hereby appropriated for the remainder of
Fiscal year nineteen hundred and seventy-four to nineteen hundred and
seventy five (1974-1975).
Personnel.
SEC. 13. Personnel.—Except for such technical
positions as the Secretary may recommend to and be approved by the
President, all positions in the Department shall be subject to the
provisions of the Civil Service Law and the rules and regulations of the
Wage and Position Classification Office (WAPCO).
Repeal.
SEC. 14. Repeal.—Any and all existing statutes,
decree, rules and regulations, or parts thereof inconsistent herewith
are repealed or modified accordingly.
Effectivity.
SEC. 15. Effectivity.—This Decree shall take
effect immediately.
Done in the City of Manila, this 2nd day of June, in the year
of Our Lord, nineteen hundred and seventy-five.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
