Republic Acts

R.A. No. 10372, Amending the Intellectual Property Code of the Philippines

REPUBLIC ACT NO. 10372

AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8293, OTHERWISE KNOWN AS THE “INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES”, AND FOR OTHER PURPOSES

SECTION 1. Section 6 of Republic Act No. 8293, otherwise known as the “Intellectual Property Code of the Philippines”, is hereby amended to read as follows:

“SEC. 6. The Organizational Structure of the IPO. – x x x

“6.2. The Office shall be divided into seven (7) Bureau, each of which shall be headed by a Director and assisted by an Assistant Director.  These Bureau are:

“x x x

“(f) The Administrative, Financial and Personnel Services Bureau; and

“(g) The Bureau of Copyright and Other Related Rights.”

SEC. 2. Section 7 of Republic Act No. 8293 is hereby amended to read as follows:

“SEC. 7. The Director General and Deputies Director General. –

“x x x

“(b) Exercise exclusive appellate jurisdiction over all decisions rendered by the Director of Legal Affairs, the Director of Patents, the Director of Trademarks, the Director of Copyright and Other Related Rights, and the Director of the Documentation, Information and Technology Transfer Bureau.  The decisions of the Director General in the exercise of his appellate jurisdiction in respect of the decisions of the Director of Patents, the Director of Trademarks and the Director of Copyright and Other Related Rights shall be appealable to the Court of Appeals in accordance with the Rules of Court; and those in respect of the decisions of the Director of the Documentation, Information and Technology Transfer Bureau shall be appealable to the Secretary of Trade and Industry;

“(c) Undertake enforcement functions supported by concerned agencies such as the Philippine National Police, the National Bureau of Investigation, the Bureau of Customs, the Optical Media Board, and the local government units, among others;

“(d) Conduct visits during reasonable hours to establishments and businesses engaging in activities violating intellectual property rights and provisions of this Act based on report, information or complaint received by the office; and

“(e) Such other functions in furtherance of protecting IP rights and objectives of this Act.”

SEC. 3. A new Section 9A is hereby inserted after Section 9 of Republic Act No. 8293, to read as follows:

“SEC. 9A. The Bureau of Copyright and Other Related Rights. – The Bureau of Copyright and Other Related Rights. – The Bureau of Copyright and Other Related Rights shall have the following functions:

“9A.1. Exercise original jurisdiction to resolve disputes relating to the terms of a license involving the author’s right to public performance or other communication of his work;

“9A.2. Accept, review and decide on applications for the accreditation of collective management organizations or similar entities;

“9A.3. Conduct studies and researches in the field of copyright and related rights; and

“9A.4. Provide other copyright and related rights service and charge reasonable fees therfor.”

SEC. 4. Section 171.3 of Republic Act No. 8293 is hereby amended to read as follows:

“SEC. 171. Definitions. – x x x

“171.3. ‘Communication to the public’ or ‘communicate to the public’ means any communicate to the public, including broadcasting, rebroadcasting, retransmitting by cable, broadcasting and retransmitting by satellite, and includes the making of a work available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them;”

SEC. 5. Section 171.9. of Republic Act No. 8293 is hereby amended to read as follows:

“171.9. ‘Reproduction’ is the making of one (1) or more copies, temporary or permanent, in whole or in part, of a work or a sound recording in any manner or form without prejudice to the provisions of Section 185 of this Act (Sec. 41[E], P.D. No. 49a);

 SECTION 6. There shall be two new subsections to be added at the end of Section 171.11. to be known as 171.12. and 171.13., both to read as follows:

“171.12. ‘Technological measure’ means any technology, device or component that, in the normal course of its operation, restricts acts in respect of a work, performance or sound recording, which are not authorized by the authors, performers or producers of sound recordings concerned or permitted by law;

“171.13. ‘Rights management information’ means information which identifies the work, sound recording or performance; the author of the work, producer of the sound recording or performer of the performance; the owner of any right in the work, sound recording or performance; or information about the terms and conditions of the use of the work, sound recording or performance; and any number or code that represent such information, when any of these items is attached to a copy of the work, sound recording or fixation of performance or appears in conjunction with the communication to the public of a work, sound recording or performance.”

SEC. 7. The Chapter Title of Chapter VII, Part IV, the Law on Copyright, is hereby amended to read as follows:

 “CHAPTER VII

TRANSFER, ASSIGNMENT AND LICENSING OF COPYRIGHT”

SEC. 8. Section 180 of Republic Act No. 8293 is hereby amended to read as follows:

“SEC. 180. Rights of Assignee or Licensee. –180.1. The copyright may be assigned or licensed in whole or in part. Within the scope of the assignment or license, the assignee or licensee is entitled to all the rights and remedies which the assignor or licensor had with respect to the copyright.

“180.2. The copyright is not deemed assigned or licensed inter vivos, in whole or in part, unless there is a written indication of such intention.

“x x x

“180.4. Any exclusivity in the economic rights in a work may be exclusively licensed.  Within the scope of the exclusive license, the licensee is entitled to all the rights and remedies which the licensor had with respect to the copyright.

“180.5. The copyright owner has the right to regular statements of accounts from the assignee or the license with regard to assigned or licensed work.”

Sec. 9. Section 181 of Republic Act No. 8293 is hereby amended to read as follows:

“SEC. 181. Copyright and Material Object. – The copyright is distinct from the property in the material object subject to it.  Consequently, the transfer, assignment or licensing of the copyright shall not itself constitute a transfer of the material object.  Nor shall a transfer or assignment of the sole copy or of one or several copies of the work imply transfer, assignment or licensing of the copyright. (Sec. 16, P.D. No. 49)”

SEC. 10. Section 183 of Republic Act No. 8293 is hereby amended to read as follows:

“SEC. 183. Designation of Society. – The owners of copyright and related rights or their heirs may designate a society of artists, writers, composers and other right-holders to collectively manage their economic or moral rights on their behalf.  For the said societies to enforce the rights of their members, they shall first secure the necessary accreditation from the Intellectual Property Office. (Sec. 32, P.D. No. 49a)”

SEC. 11. Section 184.1. of Republic Act No. 8293 is hereby amended to read as follows:

“SEC. 184. Limitations on Copyright. – x x x

“(1) The reproduction or distribution of published articles or materials in a specialized format exclusively for the use of the blind, visually- and reading-impaired persons: Provided, That such copies and distribution shall be made on a nonprofit basis and shall indicate the copyright owner and the date of the original publication.”

SEC. 12. Section 185.1. of Republic Act No. 8293 is hereby to read as follows:

“SEC. 185. Fair Use of a Copyrighted Work. – 185.1. The fair use of a copyrighted work for criticism, comment, news reporting, teaching including limited number of copies for classroom use, scholarship, research, and similar purposes is not an infringement of copyright. Decompilation, which is understood here to be the reproduction of the code and translation of the forms of a computer program to achieve the interoperability of an independently created computer program with other programs may also constitute fair use under the criteria established by this section, to the extent that decompilation is done for the purpose of obtaining the information necessary to achieve such interoperability.

“x x x.”

SEC. 13. Section 188.1 of Republic Act No. 8293 is hereby amended to read as follows:

“SEC. 188. Reprographic Reproduction by Libraries. – 188.1. Notwithstanding the provisions of Subsection 177.1., any library or achieve whose activities are not for profit may, without the authorization of the copyright owner, make a limited number of copies of the work, as may be necessary for such institutions to fulfill their mandate, by reprographic reproduction:

“x x x

“(c) Where the making of such limited copies is in order to preserve and, if necessary in the event that it is lost, destroyed or rendered unusable, replace a copy, or to replace, in the permanent collection of another similar library or archive, a copy which has been lost, destroyed or rendered unusable and copies are not available with the publisher.”

SEC. 14. Sections 190.1. and 190.2. of Republic Act No. 8293 are deleted in their entirety.

SEC. 15. Section 190.3. of Republic Act No 8293 is hereby renumbered and amended as the sole provision under Section 190 to read as follows:

“SEC. 190. Importation and Exportation of Infringing Materials. – Subject to the approval of the Secretary of Finance, the Commissioner of Customs is hereby empowered to make rules and regulations for preventing the importation of infringing articles prohibited under Part IV of this Act and under relevant treaties and conventions to which the Philippines may be a party and for seizing and condemning and disposing of the same in case they are discovered after they have been imported or before they are exported. (Sec. 30, P.D. No. 49)”

SEC. 16. Section 191 of Republic Act No. 8293 is hereby amended to read as follows:

“SEC.191. Deposit and Notice of Deposit with the National Library and the Supreme Court Library. – At any time during the subsistence of the copyright, the owner of the copyright or of any exclusive right in the work may, for the purpose of completing the records of the National Library and the Supreme Court Library, register and deposit with them, by personal delivery or by registered mail, two (2) complete copies or reproductions of the work in such form as the Directors of the said libraries may prescribe in accordance with regulations: Provided, That only works in the field of law shall be deposited with the Supreme Court Library.  Such registration and deposit is not a condition of copyright protection.”

Sec. 17.  Section 198 of Republic Act No. 8293 is hereby amended to read as follows:

“Sec. 198.  Term of Moral Rights. – 198.1. The right of an author under Section 193.1. shall last during the lifetime of the author and in perpetuity after his death while the rights under Sections 193.2. 193.3. and 193.4. shall be coterminous with the economic rights, the moral rights shall not be assignable or subject to license.  The person or persons to be charged with the posthumous enforcement of these rights shall be named in a written instrument which shall be filed with the National Library.  In default of such person or persons, such enforcement shall devolve upon either the author’s heirs, and in default of the heirs, the Director of the National Library.”

SEC. 18.  Section 203 of Republic Act No. 8293 is hereby amended to read as follows;

“x x x

“203.2. The right of authorizing the direct or indirect reproduction of their performances fixed in sound recordings or audiovisual works or fixations in any manner or form;

“203.3. Subject to the provisions of Section 206, the right of authorizing the first public distribution of the original and copies of their performance fixed in sound recordings or audiovisual works or fixations through sale or rental of other forms of transfer of ownership;

“203.4.  The right of authorizing the commercial rental to the public of the original and copies of their performances fixed in sound recordings or audiovisual works or fixations, even after distribution of them by, or pursuant to the authorization by the performer, and

“203.5.  The right of authorizing the making available to the public of their performances fixed in sound recordings or audiovisual works and fixations, by wire or wireless means, in such a way that members of the public may access them from a place and time individually chosen by them.  (Sec. 42, P.D. No. 49A).”

SEC. 19.  Section 204.1. of Republic Act No. 8293 is hereby amended to read as follows;

“204.1.   Independently of performer’s economic rights, the performer shall, as regards his live aural performances fixed in sound recordings or in audiovisual works or fixations, have the right to claim to be identified as the performer of his performances, except where the omission is dictated by the manner of the use of the performance, and to object to any distortion, mutilation or other modification of his performances that would be prejudicial to his reputation.”

SEC.20. Section of Republic Act No. 8293 is hereby amended to read as follows:

“SEC.208.  Scope of Right – x x x

“208.4.  The right to authorize the making available to the public of their sound recordings in such a way that members of the public may access the sound recording from a place and at a time individually chosen or selected by them, as well as other transmissions of a sound recording with like effect.”

SEC. 21.  Section 212 of Republic Act No. 8293 is hereby amended to read as follows:

“SEC. 212.  Limitations on Rights – The provisions of Chapter VIII shall apply mutatis mutandis to the rights of performers, producers of sound recordings and broadcasting organizations.”

SEC. 22.  Section 216 of Republic Act No. 8293 is hereby amended to read as follows:

“SEC. 216. Infringement. – A person infringes a right protected under this Act when one:

“(a) Directly commits an infringement;

“(b) Benefits from the infringing activity of another person who commits an infringement if the person benefiting has been given notice of the infringing activity and has the right and ability to control the activities of the other person;

“(c)  With knowledge of infringing activity, induces, causes or materially contributes to the infringing conduct of another.

“216.1. Remedies for Infringement. – Any person infringing a right protected under this law shall be liable:

“x x x

“(b)  To pay to the copyright proprietor or his assigns or heirs such actual damages, including legal costs and other expenses, as he may have incurred due to infringement as well as the profits the infringer may have made due to such infringement, and in proving profits the plaintiff shall be required to prove sales only and the defendant shall be required to prove every element of cost which he claims, or, in lieu of actual damages and profits, such damages which to the court shall appear to be just and shall not be regarded as penalty:  Provided, That the amount of damages to be awarded shall be doubled against any person who:

“(i) Circumvents effective technological measures; or

“(ii) Having reasonable grounds to know that it will include, enable, facilitate or conceal the infringement, remove or alter any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies of works without authority, knowing that electronic rights management information has been removed or altered without authority.

“x x x

“The copyright owner may elect, at any time before final judgment is rendered, to recover instead of actual damages and profits, an award of statutory damages for all infringements involved in an action in a sum equivalent to the filing fee of the infringement action but not less than Fifty thousand pesos (Php50,000.00).  In awarding statutory damages, the court may consider the following factors:

“(1) The nature and purpose of the infringing act;

“(2) The flagrancy of the infringement;

“(3) Whether the defendant acted in bad faith;

“(4) The need for deterrence;

“(5) Any loss that the plaintiff has suffered or is likely to suffer by reason of the infringement; and

“(6) Any benefit shown to have accrued to the defendant by reason of the infringement.

“In case the infringer was not aware and had no reason to believe that his acts constitute an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not more than Ten thousand pesos (Php10,000.00): Provided, that the amount of damages to be awarded shall be doubled against any person who:

“(i) Circumvents effective technological measures;

or

“(ii) Having reasonable grounds to know that it will induce, enable, facilitate or conceal the infringement, remove or alter any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, or distribute, import for distribution, broadcast, or communicate to the public works or copies of works without authority, knowing that electronic rights management information has been removed or altered without authority.

“x x x

“216.2. In an infringement action, the court shall also have the power to order the seizure and impounding of any article which may serve as evidence in the court proceedings, in accordance with the rules on search and seizure involving violations of intellectual property rights issued by the Supreme Court. (Sec. 28, P.D. No. 49a)

“The foregoing shall not preclude an independent suit for relief by the injured party by way of damages, injunction, accounts or otherwise.”

SEC. 23.  Section 217.2. of Republic Act No. 8293 is hereby amended to read as follows:

“271.2 In determining the number of years of imprisonment and the amount of fine, the court shall consider the infringing materials that the defendant has produced or manufactured and the damage that the copyright owner has suffered by reason of the infringement: Provided, That the respective stated in Section 217.1. (a), (b) and (c) herein for the first, second, third and subsequent offense, shall be imposed when the infringement is committed by:

“(a) The circumvention of effective technological measures;

“(b) The removal or alteration of any electronic rights management information from a copy of a work, sound recording, or fixation of a performance, by a person, knowingly and without authority; or

“(c) The distribution, importation for distribution, broadcast, or communication to the public of works or copies of works, by a person without authority, knowing that electronic rights management information has been removed or altered without authority.”

SEC. 24. Section 218.1. of Republic Act No. 8293 is hereby amended to read as follows:

“SEC. 218. Affidavit Evidence. – x x x

“(c) The copy of the work or other subject matter annexed thereto is a true copy thereof.

“The affidavit shall be admitted in evidence in any proceedings under this Chapter and shall be prima facie proof of the matters therein stated until the contrary is proved, and the court before which such affidavit is produced shall assume that theaffidavit was made by or on behalf of the owner of the copyright.”

SEC.25. A new Section 220A shall be inserted after Section 220.2. of Republic Act No. 8293to read as follows:

“SEC. 220A. Disclosure of Information.- Where any article or its packaging or an implement for making it is seized or detained under a valid search and seizure under this Act is, or is reasonably suspected to be, by an authorized enforcement officer, in violation of this Act, the said officer shall, wherever reasonably practicable, notify the owner of the copyright in question or his authorized agent of the seizure or detention, as the case may be.”

SEC. 26. Section 226 of Republic Act No. 8293 is hereby amended to read as follows:

“SEC. 226. Damages. – No damages may be recovered under this Act after the lapse of four (4) years from the time the cause of action arose. (Sec. 58, P.D. No. 49).”

SEC.27. Chapter XX of Republic Act No. 8293 is hereby amended by adding a new section at the end thereof to be denominated as Section 230, to read as follows:

“SEC. 230. Adoption of Intellectual Property (IP) Policies. – Schools and universities shall adopt intellectual property policies that would govern the use and creation of intellectual property with the purpose of safeguarding the intellectual creations of the learning institution and its employees, and adopting locally-established industry practice fair use guidelines. These policies may be developed in relation to licensing agreements entered into by the learning institution with a collective licensing organization.”

SEC. 28. Section 230 of Republic Act No. 8293 is hereby renumbered as Section 231, and all succeeding sections of the same Act are hereby renumbered accordingly.

SEC.29. Implementing Rules and Regulations. – Within one hundred eighty (180) days from the affectivity of this Act, the Intellectual Property Office, in consultation with the National Book Development Board, the National Library, the Supreme Court Library and other relevant agencies, shall promulgate the rules and regulations necessary to effectively implement the provisions of this Act.

SEC.30. Repealing Clause. – All laws, decrees, executive orders, issuances or regulations inconsistent with the provisions of this Act are hereby revised or amended accordingly.

SEC.31. Separability Clause. – If any part of this Act is declared unconstitutional or invalid, such parts or provisions thereof not so declared shall remain valid and subsisting.

SEC. 32. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 2842 and House Bill No. 3841 was passed by the Senate and the House of Representatives on December 11, 2012 and November 26, 2012, respectively.

Approved: FEB 28 2013

BENIGNO S. AQUINO III

President of the Philippines

R.A. No. 8251, Charter of the City of Las Piñas

ARTICLE I
General Provisions

Section 1. Title. — This Act shall be known as the Charter of the City of Las Piñas.

Section 2. The City of Las Piñas. — The Municipality of Las Piñas shall be converted into a highly urbanized city to be known as the City of Las Piñas, hereinafter referred to as the City, which shall comprise the present territory of the Municipality of Las Piñas in the Metropolitan Manila Area over which it has jurisdiction, bounded by the Municipality of Parañaque and the City of Muntinlupa, Metro Manila and the municipalities of Bacoor, Imus, and Dasmariñas, Cavite. Its bounds are as follows:

Northeast — Cad 299-D Parañaque Cadastre along MBM 19 of Cad 299-D to MBM 18, 17, 16, 15, 14, 13, 12 following the Parañaque River or creek to MBM 12, 11, 10, 9 to intersection of Daang Hari Road, MBM 8, all of Cad. 299-D; thence

Southeast — MCadm – 593-D Muntinlupa Cadastre from intersection of Daang Hari Road to MBM 8 (intersection of Alabang-Zapote Road and Daang Hari Road) to MBM 7 following Daang Hari to MBM 6 to MBM 5 ( = BBM 16 Muntinlupa) to MBM 4, all of Mcad 593-D; thence to

South — Imus Estate (Dasmariñas, Cavite) going west along a road to points A, B, C, D, E, F along Zapote River and Imus Estate (Imus, Cavite); thence going

Southwest — Bacoor, Cavite following Zapote River to BBM 31 to PBM 1 ( = BBM 27) to PBM 2 ( = BBM 28) to Manila Bay at mouth of Zapote River;

Northwest — Manila Bay from BBM 32 to BBM 26 to MBM 19.

Metes: Beginning from point MBM-19, CAD-299-D, 14 deg 29 min 16.2 sec N., 120 deg 58 min 53.7 sec E., in the Coastal Road;

thence to MBM-18, Cad-299-D, 14 deg 29 min 12.5 sec N., 120 deg 59 min 01.4 sec E., on Quirino Ave;

thence to MBM-17, Cad-299-D, 14 deg 29 min 08.9 sec N., 120 deg 59 min 06.3 sec E.;

thence to MBM-16, Cad-299-D, 14 deg 29 min 07.4 sec N., 120 deg 59 min 12.7 sec E., following Parañaque River;

thence to MBM-15, Cad-299-D, 14 deg 28 min 50.7 sec N., 120 deg 59 min 23.6 sec E., following Parañaque River;

thence to MBM-14, Cad-299-D, 14 deg 28 min 39.8 sec. N., 120 deg 59 min 23.1 sec E, following Parañaque River;

thence to MBM-13 Cad-299-D, 14 deg 28 min 35.6 sec N., 120 deg 59 min 37.9 sec E., following Parañaque River;

thence to MBM-12, Cad-299-D, 14 deg 27 min 31.5 sec N., 121 deg 00 min 00.7 sec E., following Parañaque River;

thence to MBM-11, Cad-299-D, 14 deg 27 min 16.7 sec N 121 deg 00 min 29.7 sec E., following Parañaque River;

thence to MBM-10, Cad-299-D, 14 deg 26 min 58.4 sec N., 121 deg 00 min 45.1 sec E.;

thence to MBM-9, Cad-299-D, 14 deg 26 min 19.1 sec N., 121 deg 00 min 59.7 sec E.;

thence to MBM-8, Cad-299-D, 14 deg 26 min 14.4 sec N., 121 deg 01 min 22.9 sec E.;

thence to MBM-8, MCadm-393-D, 14 deg 25 min 45.3 sec N., 121 deg 01 min 15.3 sec E; intersecting Alabang-Zapote Road and Daang Hari Road;

thence to MBM-7, MCadm-393-D, 14 deg 24 min 15.3 sec N., 121 deg 0.0 min 39.3 sec E., along Daang Hari Road;

thence to MBM-6, MCadm-393-D, 14 deg 23 min 28.9 sec N., 121 deg 0.0 min 30.2 sec E., along Daang Hari Road;

thence to MBM-5, MCadm-593-D, 14 deg 22 min 10.2 sec N., 121 deg 0.0 min 31.5 sec E.;

thence to MBM-4, MCadm-593-D, 14 deg 21 min 02.5 sec N., 121 deg 0.0 min 23.6 sec E.;

thence to A, 14 deg 21 min 07.5 sec N., 121 deg 0.0 min 13.4 sec E., intersection of road and Zapote River;

thence to B, 14 deg 21 min 25.5 sec N., 121 deg 0.0 min 22.0 sec E., following Zapote River;

thence to C, 14 deg 21 min 42.3 sec N., 121 deg 0.0 min 20.0 sec E., following Zapote River;

thence to D, 14 deg 22 min 19.5 sec N., 121 deg 0.0 min 22.0 sec E., following Zapote River;

thence to E, 14 deg 22 min 52.1 sec N., 121 deg 0.0 min 36.7 sec E., following Zapote River;

thence to F, 14 deg 24 min 05.0 sec N, 121 deg 0.0 min 05.0 following Zapote River;

thence to Mon. 50, Imus Estate, 14 deg 24 min 40.3 sec N., 120 deg 59 min 36.0 sec E., following Zapote River;

thence to BBM 8, MCadm-592-D, 14 deg 25 min 34.0 sec N., 120 deg 59 min 08.5 sec E., following Zapote River;

thence to BBM 31, MCadm-592-D, 14 deg 26 min 46.6 sec N., 120 deg 58 min 13.5 sec E., following Zapote River;

thence to BBM 30, MCadm-592-D, 14 deg 27 min 02.2 sec N., 120 deg 58 min 08.2 sec E., following Zapote River;

thence to PBM 1 = BBM 27, MCadm-592-D, 14 deg 27 min 52.0 sec N., 120 deg 57 min 58.0 sec E., following Zapote River;

thence to PBM 2 = BBM 28, MCadm-592-D, 14 deg 27 min 56.0 sec N., 120 deg 57 min 54.8 sec E., following Zapote River;

thence to PBM 3 = BBM 29, MCadm-592-D, 14 deg 28 min 11.0 sec N., 120 deg 58 min 06.7 sec E., following Zapote River;

thence to BBM 32; MCadm-592-D, 14 deg 28 min 39.2 sec N., 120 deg 58 min 17.2 sec E., Coastal Road;

thence to BBM 24, MCadm-592-D 14 deg 28 min 54.6 sec N., 120 deg 58 min 36.9 sec E., along Manila Bay; thence to BBM 22, MCadm-592-D, 14 deg 28 min 58.6 sec N., 120 deg 58 min 39.4 sec E., along Manila Bay;

thence to BBM 26 MCadm-592-D, 14 deg 29 min 07.0 sec N., 120 deg 58 min 46.1 sec E., along Manila Bay; thence to the point of beginning, MBM 19, Cad-299, mouth of Parañaque River;

Containing an area of approximately 3,268.6 hectares.

Area bounded by Points MBM 7, 6, 5, 4 (all of MCadm 593-D), A, B, C, D, E, F (all along Zapote River is subject to future delimitation).

The foregoing provisions shall be without prejudice to the award or resolution by the appropriate agency or forum of whatever claim that may be due to the City, or a boundary dispute that may arise or a case involving questions of territorial jurisdiction between the City of Las Piñas and any of the adjoining local government units.

Section 3. Corporate Powers of the City of Las Piñas. — The City constitutes a political body corporate and as such is endowed with the attribute of perpetual succession and possessed of the powers which pertain to a municipal corporation, to be exercised in conformity with the provisions of this charter. The City shall have the following corporate powers:

(1) To have a continuous succession in its corporate name;

(2) To sue and be sued;

(3) To have and use a corporate seal;

(4) To acquire and convey real or personal property;

(5) To enter into contracts; and

(6) To exercise such other powers as are granted to corporations, subject to the limitations provided in this Act other laws.

Section 4. General Powers of the City. — The City shall have an independent, common seal, and may alter the same at pleasure. It shall exercise the powers to levy taxes, and subject to the pertinent provisions of the Constitution, open or close roads, streets, alleys, parks or squares, or any other open space, including those of subdivisions, villages or compounds, in order to serve a public purpose. It may take, purchase, receive, hold, lease, convey, and dispose of real and personal property for the general interest of the City, condemn private property for public use, contract and be contracted with, sue and be sued, prosecute and defend to final judgment and execution suits wherein said city is a party, and exercise all the powers as are granted to corporations or as hereinafter conferred.

Section 5. The Officials of the City of Las Piñas. — (a) There shall be in the City of Las Piñas a city mayor, a city vice-mayor, a sangguniang panlungsod, a sangguniang panlungsod secretary, a city treasurer, an assistant city treasurer, a city assessor, an assistant city assessor, a city accountant, a city budget officer, a city planning and development coordinator, a city engineer, a city health officer, a city civil registrar, a city administrator, a city legal officer, a city social welfare and development officer, and a city general services officer.

(b) In addition thereto, the city mayor may appoint a city architect, a city information officer, a city tourism and cultural affairs officer, a city environment officer, a city cooperatives officer, a city registrar of deeds, a city land transportation officer, a city fire marshal, a city jail warden, a city prosecutor, and a city schools division superintendent.

(c) The City of Las Piñas, through the city mayor, may:

(d) Unless otherwise provided herein, all appointive city officials of the City shall be appointed by the city mayor with the concurrence of the majority of all the Sangguniang Panlungsod members, subject to the Civil Service Law, rules and regulations. The Sangguniang Panlungsod shall act on the appointment within fifteen (15) days from the date of its submission, otherwise the same shall be deemed confirmed.

ARTICLE III
The City Mayor and Vice-Mayor

Section 6. The City Mayor. — (a) The city mayor shall be the chief executive of the City. He shall be elected at large by the qualified voters of the City. No person shall be eligible for the position of city mayor unless at the time of the election he is at least twenty-three (23) years of age, an actual resident of the City for at least one (1) year prior to his election, and a qualified voter therein. He shall hold office for three (3) years, unless sooner removed, and shall receive a minimum monthly compensation corresponding to salary grade thirty (30) as prescribed under Republic Act No. 6758 and the implementing guidelines issued pursuant thereto.

(b) The city mayor, as the chief executive of the city government, shall exercise such powers and perform such duties and functions as provided herein:

(1) Exercise those powers expressly granted to him by law, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for the efficient and effective governance of the City, and those which are essential to the promotion of general welfare:

(aa) Determine the guidelines of city policies and be responsible to the Sangguniang Panlungsod for the program of government;

(bb) Direct the formulation of the city development plan, with the assistance of the city development council and, upon approval thereof by the Sangguniang Panlungsod, implement the same;

(cc) Present the program of government and propose policies and projects for the consideration of the Sangguniang Panlungsod at the opening of the regular session of the Sangguniang Panlungsod every calendar year and as often as may be deemed necessary as the general welfare of the inhabitants and the needs of the city government may require;

(dd) Initiate and propose legislative measures to the Sangguniang Panlungsod and, as often as may be deemed necessary, provide such information and data needed or requested by said Sanggunian in the performance of its legislative functions;

(ee) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of city funds and whose appointments are not otherwise provided for in this Act, as well as those he may be authorized by law to appoint;

(ff) Represent the City in all its business transactions and sign in its behalf all bonds, contracts, and obligations, and such other documents upon authority of the Sangguniang Panlungsod or pursuant to law or ordinance.

(gg) Carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities;

(hh) Determine the time, manner and place of payment of salaries or wages of the officials and employees of the City, in accordance with law or ordinance;

(ii) Allocate and assign office space to city and other officials and employees who, by law or ordinance, are entitled to such space in the city hall and other buildings owned or leased by the city government;

(jj) Ensure that all executive officials and employees of the City faithfully discharge their duties and functions as provided by law and this Act, and cause to be instituted administrative or judicial proceedings against any official or employee of the City who may have committed an offense in the performance of his official duties;

(kk) Examine the books, records and other documents of all offices, officials, agents or employees of the City and, in aid of his executive powers and authority, require all national officials and employees stationed in or assigned to the City to make available to him such books, records, and other documents in their custody, except those classified by law as confidential;

(ll) Furnish copies of executive orders issued by him to the respective council chairmen within seventy-two (72) hours after their issuance;

(mm) Visit component barangays of the City at least once every six (6) months to deepen his understanding of problems and conditions, listen and give appropriate counsel to local officials and inhabitants of general laws and ordinances which especially concern them, and otherwise conduct visits and inspections to ensure that the governance of the City will improve the quality of life of the inhabitants;

(nn) Act on leave applications of officials and employees appointed by him and the commutation of the monetary value of their leave credits in accordance with law;

(oo) Authorize official trips of city officials and employees outside of the City for a period not exceeding thirty (30) days;

(pp) Call upon any national official or employee stationed in or assigned to the City to advise him on matters affecting the City and to make recommendations thereon; coordinate with said official or employee in the formulation and implementation of plans, programs and projects; and, when appropriate, initiate any administrative or judicial action against a national government official or employee who may have committed an offense in the performance of his official duties while stationed in or assigned to the City;

(qq) Authorize payment for medical care, necessary transportation, subsistence, hospital or medical fees of city officials and employees who are injured while in the performance of their official duties and functions, subject to availability of funds;

(rr) Solemnize marriages, any provision of law to the contrary notwithstanding;

(ss) Conduct an annual palarong panlungsod, which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports; and

(tt) Submit to the respective metropolitan authority council chairmen and to the Office of the President the following reports: an annual report containing a summary of all matters pertinent to the management, administration and development of the City and all information and data relative to its political, social, and economic conditions; and supplemental reports when unexpected events and situation arise at any time during the year, particularly when man-made or natural disasters or calamities affect the general welfare of the City.

(2) Enforce all laws and ordinances relative to the governance of the City and in the exercise of its appropriate corporate powers, as well as implement all approved policies, programs, projects, services and activities of the City:

(aa) Ensure that the acts of the City’s component barangays and of its officials and employees are within the scope of their prescribed powers, duties, and functions;

(bb) Call conventions, conferences, seminars, or meetings of elective and appointive officials and employees of the City, including national officials and employees stationed in or assigned to the City, at such time and place and on such subject as he may deem important for the promotion of the general welfare of the local government unit and its inhabitants;

(cc) Issue such executive orders for the faithful and appropriate enforcement and execution of laws and ordinances;

(dd) Be entitled to carry the necessary licensed firearm within his territorial jurisdiction;

(ee) Act as the deputized representative of the national Police Commission, formulate the peace and order plan of the City and upon its approval, implement the same; and as such, exercise general and operational control and supervision over the local police forces in the City, in accordance with Republic Act No. 6975; and

(ff) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition, or to apprehend violators of the law when public interest so requires and the city police forces are inadequate to cope with the situation or the violators.

(3) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities, particularly those resources and revenues programmed for industrial development and countryside growth and progress:

(aa) Require each head of an office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in accordance with the budget preparation process in accordance with the provisions of the Local Government Code;

(bb) Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the City for the ensuing calendar year in the manner provided for under the Local Government Code;

(cc) Ensure that all taxes and other revenues of the city are collected, and that city funds are applied to the payment of expenses and settlement of obligations of the City, in accordance with law or ordinance;

(dd) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued, pursuant to law or ordinance;

(ee) Issue permits, without need of approval therefor from any national agency for the holding of activities for any charitable or welfare purpose, excluding prohibited games of chance or shows contrary to law, public policy and public morals;

(ff) Require owners of illegally constructed houses, buildings or other structures to obtain the necessary permit, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction violates any law or ordinance, or to order the demolition or removal of said house, building or structure within the period prescribed by law or ordinance;

(gg) Adopt adequate measures to safeguard and conserve land, mineral, marine, and other resources of the City;

(hh) Provide efficient and effective property and supply management in the City; and protect the funds, credits, rights and other properties of the City; and

(ii) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection of taxes, fees or charges, and for the recovery of funds and property; and cause the City to be defended against all suits to ensure that its interests, resources and rights shall be adequately protected.

(4) Ensure the delivery of basic services and the provisions of adequate facilities and, in addition thereto:

(aa) Ensure that the construction and repair of roads and highways funded by the national government shall be, as far as practicable, carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the City; and

(bb) Coordinate the implementation of technical services including public works and infrastructure programs, rendered by national offices.

(5) Perform such other duties and functions and exercise such other powers, as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991, and those that are prescribed by law or ordinance.

Section 7. The City Vice-Mayor. — (a) There shall be a vice-mayor who shall be elected in the same manner as the city mayor and shall, at the time of his election, possess the same qualifications as the city mayor. He shall hold office for three (3) years, unless sooner removed, and shall receive a monthly compensation corresponding to salary grade twenty eight (28) as prescribed under Republic Act No. 6758, and the implementing guidelines issued pursuant thereto.

(b) The vice-mayor shall:

ARTICLE IV
The Sangguniang Panlungsod

Section 8. The Sangguniang Panlungsod. — (a) The Sangguniang Panlungsod, the legislative body of the City, shall be composed of the vice-mayor as presiding officer, the regular sangguniang members, the president of the city chapter of the Liga ng mga Barangay, the president of the Panlungsod na Pederasyon ng mga Sangguniang Kabataan, and the sectoral representatives, as members.

(b) In addition thereto, there shall be three (3) sectoral representatives; one (1) from the women; and, as shall be determined by the Sangguniang Panlungsod within ninety (90) days prior to the holding of the local elections, one (1) from the commercial or industrial workers; and one (1) from the other sectors, including the urban poor, or disabled persons.

(c) The regular members of the Sangguniang Panlungsod and the sectoral representatives shall be elected in the same manner as may be provided for by law. The elective members of the Sangguniang Panlungsod shall possess the same qualifications as that of the city mayor and vice-mayor Htq7kNWkK.

(d) They shall receive such compensation, emoluments and allowances as may be determined by law kaWU.

(e) The Sangguniang Panlungsod shall:

(1) Approve ordinances and pass resolutions necessary for an efficient and effective city government and, in this connection, shall:

(aa) Review all ordinances approved by the Sangguniang Barangay and executive orders issued by the punong barangay to determine whether these are within the scope of the prescribed powers of the sanggunian and of the punong barangay;

(bb) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances;

(cc) Approve ordinances imposing a fine not exceeding Five Thousand Pesos (P5,000.00) or an imprisonment for a period not exceeding one (1) year, or both, in the discretion of the court, for the violation of a city ordinance;

(dd) Adopt measures to protect the inhabitants of the City from the harmful effects of man-made or natural disasters and calamities, and to provide relief services and assistance for victims during and in the aftermath of said disasters or calamities and in their return to productive livelihood following said events;

(ee) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent device and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the City;

(ff) Protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, smuggling of natural resources products and of endangered species of flora and fauna, and such other activities which result in pollution, acceleration of eutrophication of creeks or rivers, or of ecological imbalance;

(gg) Subject to the provisions of the Local Government Code and pertinent laws, determine the powers and duties of officials and employees of the City;

(hh) Determine the positions and the salaries, wages, allowances, and other emoluments and benefits of officials and employees paid wholly or mainly from city funds and provide for expenditure necessary for the proper conduct of programs, projects, services, and activities of the city government;

(ii) Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity at the rate authorized by law;

(jj) Provide a mechanism and the appropriate funds therefor, to ensure the safety and protection of all city government property, public documents, or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits, and such other records and documents of public interest in the offices and departments of the city government;

(kk) When the finances of the city government allow, provide for additional allowances and other benefits to judges, prosecutors, public attorneys, public elementary and high school teachers, and other national government officials stationed in or assigned in the City;

(ll) Provide legal assistance to barangay officials who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and

(mm) Provide for group insurance or additional insurance coverage for all barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the city government allow said coverage.

markets or slaughterhouses; or undertake such other activities within the City as may be allowed by existing laws: provided, that, cooperatives shall be given preference in the grant of such franchise.

(dd) Regulate the establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, and other similar establishments, including tourist guides and transports;

Section 9. Internal Rules of Procedure. — (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the Sangguniang Panlungsod shall adopt or update its existing rules of procedure.

(b) The rules of procedure shall provide for the following:

Section 10. Full Disclosure of Financial and Business Interest of Sangguniang Panlungsod Members. — (a) Every Sangguniang Panlungsod member shall, upon assumption to office, make a full disclosure of his business and financial interest. He shall also disclose any business, financial, or professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which he may have with any person, firm or entity affected by any ordinance or resolution under consideration by the sanggunian of which he is a member, which relationship may result in conflict of interest. Such relationship shall include:

In the absence of a specific constitutional or statutory provision applicable to this situation, “conflict of interest” refers in general to one where it may be reasonably deduced that a member of a sanggunian may not act in the public interest due to some private, pecuniary or other personal considerations that may tend to affect his judgment to the prejudice of the service or the public.

(b) The disclosure required under this Act shall be made in writing and submitted to the secretary of the sanggunian and of the secretary of the committee of which he is a member. The disclosure shall, in all cases, form part of the record of the proceedings and shall be made in the following manner:

Section 11. Sessions. — (a) On the first day of the session immediately following the election of its members, the Sangguniang Panlungsod shall, by resolution, fix the day, time, and place of its regular sessions. The minimum number of regular sessions shall be once a week for the Sangguniang Panlungsod Gj2D.

(b) When public interest so demands, special sessions may be called by the city mayor or by a majority of the members of the sanggunian uVtsbrsriP.

(c) All sanggunian sessions shall be open to the public unless a closed-door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency, or morality. No two (2) sessions, regular or special, may be held in a single day.

(d) In the case of special sessions of the sanggunian, a written notice to the members shall be served personally at the member’s usual place of residence at least twenty-four (24) hours before the special session is held NgUfMfLx.

Unless otherwise concurred in by two-thirds (2/3) vote of the sanggunian members present, there being a quorum, no other matters may be considered at a special session except those stated in the notice.

(e) The sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the Sangguniang Panlungsod.

Section 12. Quorum. — (a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business. Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.

(b) When there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member
or members of the police force assigned in the territorial jurisdiction of the City of Las Piñas, to arrest the absent member and present him at the session.

(c) If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.

Section 13. Approval of Ordinances. — (a) Every ordinance enacted by the Sangguniang Panlungsod shall be presented to the city mayor. If the city mayor approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian, which may proceed to reconsider the same. The sanggunian may override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes.

(b) The veto shall be communicated by the city mayor to the sanggunian within ten (10) days; otherwise, the ordinance shall be deemed approved as if he had signed it K7AUUDk.

Section 14. Veto Power of the City Mayor. — (a) The city mayor may veto any ordinance of the Sangguniang Panlungsod on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons therefor in writing gUSYwrv.

(b) The city mayor shall have the power to veto any particular item or items of an appropriations ordinance, an ordinance or resolution adopting a local development plan and public investment program, or an ordinance directing the payment of money or creating liability. In such a case the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the Sangguniang Panlungsod overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed reenacted zCnTE0W.

(c) The city mayor may veto an ordinance or resolution only once. The sanggunian may override the veto of the city mayor by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the city mayor.

Section 15. Review of Barangay Ordinances by the Sangguniang Panlungsod. — (a) Within ten (10) days after its enactment, the Sangguniang Barangay shall furnish copies of the barangay ordinance to the Sangguniang Panlungsod for review as to whether the ordinance is consistent with law and city ordinances lBhqT.

(b) If the Sangguniang Panlungsod fails to take action on the barangay ordinance within thirty (30) days from receipt thereof, the same shall be deemed approved 5yFBZC.

(c) If the Sangguniang Panlungsod finds the barangay ordinance inconsistent with law or city ordinances, the Sangguniang Panlungsod shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the Sangguniang Barangay concerned for adjustment, amendment, or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected.

Section 16. Enforcement of Disapproved Ordinances or Resolutions. — Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program, after the disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official or employee concerned.

Section 17. Effectivity of Ordinance or Resolution. — (a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted on a bulletin board at the entrance of the City Hall of Las Piñas, and in at least two (2) other conspicuous places in the City of Las Piñas 32y8.

(b) The secretary of the Sangguniang Panlungsod shall cause the posting of an ordinance or resolution on the bulletin board at the entrance of the City Hall of Las Piñas and in at least two (2) conspicuous places in the City of Las Piñas not later than five (5) days after approval thereof nZA6CyCxd.

The text of the ordinance or resolution shall be disseminated and posted in Filipino or English, and in the language or dialect understood by the majority of the people in the City, and the secretary of the Sangguniang Panlungsod shall record such fact in a book kept for the purpose, stating the dates of approval and posting sf2pR8gW.

(c) The main features of the ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of general circulation within the City: provided, that in the absence thereof, the ordinance or resolution shall be published in any newspaper of general circulation: provided, further, that the gist of all ordinances with penal sanctions shall also be published in a newspaper of general circulation.

Section 18. Disqualifications for Elective Public City Officials. — The following persons are disqualified from running for any elective position in the City:

Section 19. Permanent Vacancy in the Office of the City Mayor and City-Vice Mayor. — (a) If a permanent vacancy occurs in the office of the city mayor, the city vice-mayor concerned shall become the city mayor. If a permanent vacancy occurs in the office of the vice-mayor, the highest ranking Sangguniang Panlungsod member or, in case of his permanent incapacity, the second highest Sangguniang Panlungsod member, shall become the city mayor or city vice-mayor, as the case may be. Subsequent vacancies in the said offices shall be filled automatically by the other sanggunian members according to their ranking as defined herein tJqORw7Y3.

(b) A tie between or among the highest ranking Sangguniang Panlungsod members shall be resolved by the drawing of lots.

(c) The successors as defined herein shall serve only the unexpired terms of their predecessors ZEDU.

For purposes of this Act, a permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns or is otherwise permanently incapacitated to discharge the functions of his office.

For purposes of succession as provided in this Act, ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in the City in the immediately preceding local election i8CFc7x.

Section 20. Permanent Vacancies in the Sanggunian. — Permanent vacancies in the Sangguniang Panlungsod where automatic succession as provided above does not apply shall be filled by appointment in the following manner:

Sec. 21. Temporary Vacancy in the Office of the City Mayor. — (a) When the city mayor is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the city vice-mayor, or the highest ranking Sangguniang Panlungsod member shall automatically exercise the powers and perform the duties and functions of the city mayor, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days EcDUuuqF.

(b) Said temporary incapacity shall terminate upon submission to the Sangguniang Panlungsod of a written declaration by the city mayor that he has reported back to office. In cases where the temporary incapacity is due to legal causes, the city mayor shall also submit necessary documents showing that said legal causes no longer exist.

(c) When the city mayor is traveling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in-charge of his office. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the city mayor except the power to appoint, suspend, or dismiss employees.

(d) In the event, however, that the city mayor fails or refuses to issue such authorization, the city vice-mayor, or the highest ranking Sangguniang Panlungsod member, as the case may be, shall have the right to assume the powers, duties and functions of the said office on the fourth day of absence of the city mayor, subject to the limitations provided in subsection (c) hereof.

(e) Except as provided above, the city mayor shall in no case authorize any legal official to assume the powers, duties and functions of the office, other than the city vice-mayor, or the highest ranking member of the Sangguniang Panlungsod, as the case may be.

Section 22. The Secretary to the Sangguniang Panlungsod. — (a) There shall be a secretary to the Sangguniang Panlungsod with the rank and salary equal to a head of a department or office.

(b) No person shall be appointed secretary to the Sangguniang Panlungsod unless he is a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in law, commerce or public administration from a recognized college or university, and a first grade civil service eligible or its equivalent.
The secretary to the Sangguniang Panlungsod shall take charge of the office of the Sangguniang Panlungsod, and shall:

Section 23. The City Treasurer. — (a) The city treasurer shall be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to civil service law, rules and regulations.

(b) The city treasurer shall be under the administrative supervision of the city mayor, to whom he shall report regularly on the tax collection efforts of the City.

(c) No person shall be appointed city treasurer unless he is a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in commerce, public administration or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in treasury or accounting service for at least five (5) years.

(d) The city treasurer shall receive such compensation, emoluments and allowances as may be determined by law.

(e) The city treasurer shall take charge of the treasury office, and shall:

Section 24. The Assistant City Treasurer. — (a) The assistant city treasurer may be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the city mayor, subject to Civil Service Law, rules and regulations YTYpCxM9.

(b) No person shall be appointed assistant city treasurer unless he is a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in commerce, public administration or law from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired at least five (5) years experience in treasury or accounting immediately preceding the day of his appointment.

(c) The assistant city treasurer shall receive such compensation, emoluments and allowances as may be determined by law.

(d) The assistant city treasurer shall assist the city treasurer and perform such other duties as the latter may assign to him. He shall have authority to administer oaths concerning notices and notifications to those delinquent in the payment of the real property tax and concerning official matters relating to the accounts of the city treasurer or otherwise arising from the offices of the city treasurer and the city assessor.

Section 25. The City Assessor. — (a) The city assessor must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce, or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in real property assessment work or in any related field for at least five (5) years immediately preceding the day of his appointment.

(b) The city assessor shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city assessor shall take charge of the City Assessor’s Office and shall:

Section 26. The Assistant City Assessor. — (a) The assistant city assessor must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in assessment or in any related field for at least three (3) years immediately preceding the day of his appointment.

(b) The assistant city assessor shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The assistant city assessor shall assist the city assessor and perform such other duties as the latter may assign to him. He shall have the authority to administer oaths on all declarations of real property for purposes of assessment.

Section 27. The City Accountant. — (a) The city accountant must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, and a certified public accountant. He must have acquired experience in the treasury or accounting service for at least (5) years immediately preceding the day of his appointment.

(b) The city accountant shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city accountant shall take charge of both the Office on Accounting and Internal Audit Services and shall:

Section 28. The City Budget Officer. — (a) The city budget officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in accounting, economics, public administration, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in government budgeting or in any related field for at least five (5) years immediately preceding the date of his appointment.

(b) The city budget officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city budget officer shall take charge of the City Budget Office and shall:

Section 29. The City Planning and Development Coordinator. — (a) The city planning and development coordinator must be a citizen of the Philippines, a resident of City of Las Piñas, of good moral character, a holder of a college degree preferably in urban planning, development studies, economics, public administration, or any related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in development planning or in any related field for at least five (5) years immediately preceding the date of his appointment 4yXAFODtY.

(b) The city planning and development coordinator shall receive such compensation, emoluments and allowances as may be determined by law LGs.

(c) The city planning and development coordinator shall take charge of the City Planning and Development Office and shall:

Section 30. The City Engineer. — (a) The city engineer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, and a licensed civil engineer. He must have acquired experience in the practice of his profession for at least five (5) years immediately preceding the date of his appointment 3AKe9.

(b) The city engineer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city engineer shall take charge of the City Engineering Office and shall:

Section 31. The City Health Officer. — (a) The city health officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a licensed medical practitioner. He must have acquired experience in the practice of his profession for at least five (5) years immediately preceding the date of his appointment.

(b) The city health officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city health officer shall take charge of the Office of the City Health Services and shall:

Section 32. The City Civil Registrar. — (a) The city civil registrar must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in civil registry work for at least five (5) years immediately preceding the date of his appointment.

(b) The city civil registrar shall receive such compensation emoluments and allowances as may be determined by law.

(c) The city civil registrar shall be responsible for the civil registration program in the City of Las Piñas, pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws, rules and regulations issued to implement them.

(d) The city civil registrar shall take charge of the office of the City Civil Registry and shall:

Section 33. The City Administrator. — (a) The city administrator must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, holding a college degree preferably in public administration, law, or any related course from a recognized college, university, and a first grade civil service eligible or its equivalent. He must have acquired experience in management and administration work for at least five (5) years immediately preceding the date of his appointment.

(b) The city administrator shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city administrator shall take charge of the Office of the City Administrator and shall:

Section 34. The City Legal Officer. — (a) The City legal officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, and a member of the Philippine Bar. He must have practiced his profession for at least five (5) years immediately preceding the date of his appointment.

(b) The city legal officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city legal officer, the chief legal counsel of the City, shall take charge of the Office for Legal Services and shall:

Section 35. The City Social Welfare and Development Officer. — (a) The city social welfare and development officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a duly licensed social worker or a college degree holder preferably in sociology. or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in the practice of social work for at least five (5) years immediately preceding the date of his appointment.

(b) The city social welfare and development officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city social welfare and development officer shall take charge of the Office on Social Welfare and Development and shall:

Section 36. The City Architect. — (a) The city architect must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, and a duly licensed architect. He must have practiced his profession for at least five (5) years immediately preceding the date of his appointment.

(b) The city architect shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city architect shall take charge of the Office of Architectural Planning and Design and shall:

Section 37. The City Information Officer. — (a) The city information officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in journalism, mass communication or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in writing articles and research papers, or in writing for print, television or broadcast media for at least three (3) years immediately preceding the date of his appointment OrLPaF.

(b) The city information officer shall receive such compensation, emoluments and allowances as may determined by law.

(c) The city information officer shall take charge of the Media Affairs and Public Information Office and shall:

Section 38. The City Environment Officer. — (a) The city environment officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in environment, forestry, agriculture or any other related course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience in environmental management, conservation, and utilization work for at least five (5) years immediately preceding the date of his appointment.

(b) The city environment officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city environment officer shall take charge of the Office on the Environment and shall:

Section 39. The City Cooperatives Officer. — (a) The city cooperatives officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree preferably in business administration with special training in cooperatives or any course from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have experience in cooperatives organization and management for at least five (5) years immediately preceding the date of his appointment.

(b) The city cooperatives officer shall receive such compensation, emoluments and allowances as may be determined by law ICm7DFrK.

(c) The city cooperatives officer shall take charge of the Office for the Development of Cooperatives and shall:

Section 40. The City General Services Officer. — (a) The city general services officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree in public administration, business administration and management from a recognized college or university and a first grade civil service eligible or its equivalent. He must have acquired experience in general services, including management of supply, property, solid waste disposal, and general sanitation for at least five (5) years immediately preceding the date of his appointment 1C7nT.

(b) The city general services officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city general services officer shall take charge of the Office of General Services and shall:

Section 41. The City Tourism and Cultural Affairs Officer. — (a) The city tourism and cultural affairs officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree and a first grade civil service eligible or its equivalent. He must have acquired experience in tourism and cultural affairs work for at least three (3) years immediately preceding the date of his appointment.

(b) The city tourism and cultural affairs officer shall receive such compensation. emoluments and allowances as may be determined by law.

(c) The city tourism and cultural affairs officer shall take charge of the Office of Tourism and Cultural Affairs and shall:

Section 42. The City Land Transportation Officer. — (a) The city land transportation officer must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree and a first grade civil service eligible or its equivalent. He must have acquired experience in land transportation work for at least three (3) years immediately preceding the date of his appointment ZMaFEoLlu.

(b) The city land transportation officer shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city land transportation officer shall be under the direct supervision of the Land Transportation Office of the Department of Transportation and Communications, shall take charge of the City Land Transportation Office and shall:

Section 43. The City Prosecutor. — (a) The city prosecutor must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, and a member of the Philippine Bar. He must have acquired experience in handling criminal cases in court for at least three (3) years immediately preceding the date of his appointment.

(b) The city prosecutor shall receive such compensation, emoluments and allowances, as may be determined by law.

(c) The city prosecutor shall be under the direct supervision of the Department of Justice, shall take charge of the Office of the City Prosecutor and shall:

Section 44. The City Schools Division Superintendent. — (a) The city schools division superintendent must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience practicing his profession in an educational institution for at least three (3) years immediately preceding the date of his appointment.

(b) The city schools division superintendent shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city schools division superintendent shall be under the direct supervision of the Department of Education, Culture and Sports, shall take charge of the Office of the City Schools Division Superintendent and shall:

Section 45. The City Fire Marshal. — (a) The city fire marshal must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, and a qualified fire marshal under Republic Act No. 6975, otherwise known as the PNP Law.

(b) The city fire marshal shall receive such compensation, emoluments and allowances as may be determined by law CyFuFB.

(c) The city fire marshal shall be under the direct supervision of the Department of the Interior and Local Government, shall take charge of the City Fire Station and shall:

Section 46. The City Jail Warden. — (a) The city jail warden must be a citizen of the Philippines, a resident of the City of Las Piñas, of good moral character, a holder of a college degree in psychology, psychiatry, sociology, social work or criminology from a recognized college or university, and a first grade civil service eligible or its equivalent. He must have acquired experience practicing his profession for at least three (3) years immediately preceding the date of his appointment.

(b) The city jail warden shall receive such compensation, emoluments and allowances as may be determined by law.

(c) The city jail warden shall be under the direct supervision of the Department of the Interior and Local Government, shall take charge of the City Jail and shall:

Section 47. Municipal Ordinances. — All municipal ordinances of the Municipality of Las Piñas existing at the time of the approval of this Act shall continue to be in force within the City of Las Piñas until the Sangguniang Panlungsod shall, by ordinance, provide otherwise.

Section 48. Plebiscite. — The City of Las Piñas shall acquire corporate existence upon the ratification of its creation by a majority of the votes cast by the qualified voters in a plebiscite to be conducted in the present Municipality of Las Piñas within sixty (60) days from the approval of this Act. The expenses for such plebiscite shall be borne by the Municipality of Las Piñas. The Commission on Elections shall conduct and supervise such plebiscite.

Section 49. Officials of the City of Las Piñas. — The present elective officials of the City shall continue to exercise their powers and functions until such time that a new election is held and the duly-elected officials shall have already qualified and assumed their offices. The appointive officials and employees of the City shall likewise continue exercising their functions and duties and they shall automatically be absorbed by the city government of the City of Las Piñas.

Section 50. Jurisdiction of Metropolitan Manila. — The City of Las Piñas shall, unless otherwise provided by law, continue to be under the jurisdiction of Metropolitan Manila.

Section 51. Legislative District. — As a highly-urbanized city, the City of Las Piñas shall have its own legislative district with the first representative to be elected in the next national election after the passage of this Act.

Section 52. Tax Moratorium. — Upon the effectivity of this Act the City of Las Piñas shall maintain a tax moratorium for five (5) years, wherein no increase in the rates of taxes shall be imposed. Furthermore it shall abide by the provisions of Republic Act Numbered 7160, otherwise known as the Local Government Code of 1991, which limit the authority of local government units in adjusting tax rates which shall not be oftener than once every five (5) years, but in no case shall such adjustment exceed ten percent (10%) of the rates fixed under the said Code.

Section 53. Moratorium on Gambling Sites. — Upon the effectivity of this Act, the City of Las Piñas shall also maintain a moratorium on the establishment of gambling sites for five (5) years, wherein no new gambling site, place or venue for cockfighting, lotto, or any other form of gambling or games of chance, shall be allowed to be built or established within the City gYoQa7iDO.

Section 54. Applicability of Laws. — The provisions of Republic Act Numbered 7160, otherwise known as the Local Government Code of 1991, Presidential Decree Numbered Eight hundred and twenty-four, and other laws pertaining to Metropolitan Manila and such laws as are applicable to highly-urbanized cities shall govern the City of Las Piñas in so far as they are not inconsistent with the provisions of this Act.

Section 55. Separability Clause. — If any part of this Act is declared unconstitutional for any reason whatsoever, such declaration shall not in any way affect the other parts or sections of this Act.

Section 56. Effectivity. — This Act shall take effect fifteen (15)days from its publication in the Official Gazette or in at least two (2) newspapers of national circulation.

Approved, February 12, 1997.

R.A. No. 9167, AN ACT CREATING THE FILM DEVELOPMENT COUNCIL OF THE PHILIPPINES, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 9167
AN ACT CREATING THE FILM DEVELOPMENT COUNCIL OF THE PHILIPPINES, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES BE IT ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE PHILIPPINES IN CONGRESS

Section 1. State Policy. Pursuant to the constitutional guarantee on freedom of expression, the State shall promote and support the development and growth of the local film industry as a medium or the upliftment aesthetics, cultural and social values or the better understanding and appreciation of the Filipino identity. To achieve this end, the State shall formulate and implement policies and programs to upgrade the art and craft of film making and encourage the production of films for commercial purposes, intended for public entertainment, that seek to enhance the quality of life, examine the human and social conditions and contribute to the dignity and nobility of the human spirit.

Section 2. Creation of the Film Development Council of the Philippines. To carry out the provisions of this Act, there is hereby created a Film Development Council of the Philippines, hereinafter referred to as the Council, under the Office of the President. The Film Development Foundation of the Philippines, Inc., (FDFPI) and the Film Rating Board (FRB), created under Executive Order No. 811, are hereby abolished.

Section 3. Powers and Functions. – The Council shall have the following powers and functions:

1. To establish and implement a Cinema Evaluation System in accordance with the criteria set forth in this Act;

2. To develop and implement an incentive and reward system for the producers based on merit to encourage the production of quality films;

3. To establish, organize, operate and maintain local and international film festivals, exhibitions and similar activities;

4. To encourage and undertake activities that will promote the growth and development of the local film industry and promote its participation in both domestic and foreign markets;

5. To develop and promote programs to enhance the skills and expertise of Filipino talents necessary for quality film production;

6. To prescribe the procedures for the exercise of its powers and functions as well as the performance of its duties and responsibilities;

7. To determine the Council’s organizational structure and staffing pattern and appoint officers and employees of the Council in accordance with Civil Service laws, rules and regulations;

8. To acquire, manage and hold such real and personal property as may be necessary to carry out the purposes and objectives of this Act;

9. To invest funds and other assets in such activities or undertakings that shall directly and indirectly promote development of the film industry, including the production of films and other terms and conditions as it may deem wise and desirable;

10. To ensure the establishment of a film archive in order to conserve and protect film negatives and/or prints as part of the nation’s historical, cultural, and artistic heritage; and

11. To perform such other functions as may be necessary to carry out the provisions of this Act.

Section 4. Composition of the Council. – The Council shall be composed of a Chairperson and ten (10) members, three (3) of whom shall be regular members, while the other seven (7) members shall be an ex-officio capacity: Provided, That the Chairperson shall be a person of proven administrative proficiency, independence, knowledgeable of the technical and artistic aspects of the film production and fully committed to the promotion and development of Philippine Cinema as art: Provided, further, That the Chairperson and the regular members shall be appointed by the President of the Philippines.

The seven (7) members who shall be ex officio members of the Council are the following:

(1) The Secretary of the Department of Trade and Industry or his/her duly designated representative;

(2) The Secretary of the Department of Education or his/her duly designated representative;

(3) The Chairperson of the Film Academy of the Philippines;

(4) The President of the Cultural Center of the Philippines;

(5) The Commissioner of the Committee on Cinema of the National Commission on Culture and Arts;

(6) The President of the league of City Mayors or his/her duly designated representative; and

(7) The Chairperson of the Metro Manila Development Authority or his/her duly designated representative.

The three (3) regular members shall be as follows:

(1) A representative from the legally constituted filmmakers association;

(2) A representative from the legally constituted theater owners association; and

(3) A representative from the academe.

Section 5. Term of Office. – The Chairperson and the three regular member shall hold office for a term of three (3) years unless sooner removed by the President: Provided, That they shall be eligible for reappointment after the expiration of their respective terms: Provided, further, That no Chairperson or member shall serve for more than two (2) consecutive terms. If the Chairperson or member fails to complete his/her term, the person appointed to fill the vacancy shall serve only for the unexpired portion the vacated term whom he/she succeeds: Provided, finally, That such service of the unexpired portion shall not be counted as a term.

Section 6. Meetings. – The Council shall meet regularly at least once a month or as often as necessary at the call of the chairperson or a majority of the members. A majority of the members of the Board shall constitute a quorum to do business. The members of the Council shall be entitled to honoraria based on existing government accounting and auditing rules and regulations.

Section 7. The Chairperson. – The Chairperson shall be the Chief Executive Officer and shall exercise overall administrative supervision to ensure the effective and efficient implementation of the policies laid down by the Council. The Chairperson shall have the same rank and salary of an Undersecretary of a Department as provided for in the Salary Standardization Law.

Section 8. The Executive Director. – The Chairperson shall be assisted by an Executive Director to be appointed by the council upon the recommendation of the Chairperson. The Executive Director shall have a salary comparable to that of equivalent rank under the Revised Compensation and Position Classification System and shall be coterminus with the Chairperson unless sooner removed for cause.

Section 9. Functions of the Chairperson. – The Chairperson shall have the following functions:

1. Execute and administer the policies, plans and programs approved by the council;

2. Direct and supervise the operations and internal affairs of the Council;

3. Establish the internal organization and administrative procedures of the Council;

4. Recommend to the Council the appointment, transfer or detail suspension, dismissal for cause of its subordinate officials and employees; and

5. Such other functions which the Council may assign from time to time.

Section 10. Cinema Evaluation Board. – There is hereby created a Cinema Evaluation Board hereinafter referred to as the “Board” which shall evaluate and grade films submitted to the Council, subject to the following:

a. Composition, Qualifications and appointment. – The Board shall be composed of a Board Chairperson and thirty (30) members, twenty (20) of whom shall come from the film industry, and the other ten (10) from the arts, academe, business and other sectors. The President shall appoint the members of the Board from among forty (40) nominees submitted by the Council: Provided, That the persons appointed to the Board should be knowledgeable of the artistic and technical aspects of the film – making and fully committed to the promotion and development of cinematographic art along world-class standards and global marketability.

b. Term of Office. – The Board Chairperson and members shall serve for a term of two (2) years and shall be eligible for reappointment for a second term: Provided, That no member shall serve for more than (2) consecutive terms: Provided, further, if any member fails to complete a term, the person appointed to fill the vacancy shall serve only for the unexpired portion of the term of the member whom he / she succeeds, unless re-appointed: Provided, finally, That such service of the unexpired portion shall not be counted as a term. In the initial appointments, the Board Chairperson and the first fifteen (15) members shall hold office for two (2) years and the next fifteen (15) for one (1) year.

c. Quorum. – The Chairperson or his/her duly – designated representative who is also a Board member, and at least eleven (11) members are needed for the Board to transact business.

d. Honorarium. – A Board member shall receive reasonable honorarium for each film actually evaluated, to be determined by the Council subject to government accounting and auditing rules and regulations.

e. Participation. – No member of the Board shall participate in the grading of a film in which he or she or any member of his or her family or any relative within the fourth degree of consanguinity or affinity shall have financial or any other interest: Provided, further; That such member shall disclose fully, at the time of his or her inhibition, the nature of his or her interest including actual or potential conflict of interest and the reasons for his or her inhibition.

Section 11. Cinema Evaluation System. – The Board shall formulate and establish a set of standards and criteria and procedures for the Cinema Evaluation System, subject to the approval of the Council, primarily based on but not limited to the following:

a. Direction – which shall be deemed effective when the film’s intentions are made clear and realized through the effective orchestration of all the film’s elements;

b. Screenplay – which shall be deemed effective when the film’s intentions are made clear by the characterization, dialogue, plot and narrative structure of the material on hand;

c. Cinematography – which shall be deemed effective if it creatively visualizes content through the lightning composition, camera movement and related camera techniques in the manner appropriate for the film’s intentions;

d. Editing – which shall be deemed effective if it creatively compresses or expands time, space and movement and arranges images in a manner appropriate to the film’s intentions:

e. Production Design – which shall be deemed effective if it successfully creates the time, period, locale, atmosphere and look of the film, and contributes to characterization through the use of sets, costumes, props and make-up in a manner that suits the film’s intentions;

f. Music scoring – which shall be deemed effective if the music is used to heighten mood and emotion, help define character, and reinforce rhythm pace in a manner appropriate to the film’s intentions;

g. Sound – which shall be deemed effective if dialogue, music, sound effects and silence are reproduced, orchestrated and mixed in proper proportion to suit the film’s intentions; and

h. Acting Performances – which shall be deemed effective if the performers play their characters truthfully and honestly in performance style to suit the film’s intentions: Provided, That in evaluating and grading a film, the Board shall look for excellence in the art and craft of film making in its totality, take into consideration scenes of the film in context, its manner of presentation and culture.

Section 12. Grading of Films. – The grading of films by the Cinema Evaluation Board shall be subject to the following provisions:

(a) Pre-qualification procedures and requirements. – The Council shall prescribe pre-qualification procedures and requirements for application for grading: Provided, That only films whose premiere screening shall be held in the Philippines, and those which have not had any previous theatrical release, free television broadcast, cable broadcast or video release in any commercial medium anywhere in the world shall be qualified for grading by the Board: Provided, further, That the Board shall evaluate and grade only feature film that are intended for theatrical and other forms or exhibition that will charge admission fees and which are at least eighty (80) minutes in length and that the producer shall submit his/her film for grading at least seven (7) calendar days before its scheduled playdate.

(b) Evaluation Period. – A film shall be reviewed, evaluated and graded by the Board within five (5) working days after submission of the application. The Board shall transmit its decision to the Council twenty-four (24) hours from the rendering of the decision. The Council shall inform the producer of the Board’s decision not later than twenty-four (24) hours upon receipt thereof.

(c) Grading of Films. – The Board shall review and grade a film submitted for grading. The Board and the Council shall, at any time neither be allowed to cut, delete, shorten or modify in any manner films being graded by the Board, nor shall they be allowed to suggest cuts or deletions or any other form of modification to the film makers and pre-requisites for earning the board grading. Such grading shall be given due weight and consideration by the Movie and Television Review and Classification Board (MTRCB), the Videogram Regulatory (VRB), the Department of Trade and Industry (DTI) and other government agencies for the graded film’s viewing, reproduction, exportation and other purposes.

(d) Reconsideration to the Board En Banc. – The action taken by the Board on the Film submitted for evaluation and grading may be reconsidered upon motion to the Board en banc within twenty (24) hours from receipt of notice of said action, and the Board en banc shall render its decision within forty-eight (48) hours from its receipt of the motion for reconsideration. The Board en banc must be composed of at least majority of the members of the Board.(e) Finality of grading. – The grading submitted by the Board en banc to the Council shall be final.

Section 13. Privileges of Graded Films. – Films which have obtained an “A” or “B” grading from the Council pursuant to Sections 11 and 12 of this Act shall be entitled to the following privileges:

a. Amusement tax reward. – A grade “A” or “B” film shall entitle its producer to an incentive equivalent to the amusement tax imposed and collected on the graded films by cities and municipalities in Metro Manila and other highly urbanized and independent component cities in the Philippines pursuant to Sections 140 and 151 of Republic Act No. 7160 at the following rates:

1. For grade “A” films – 100% of the amusement tax collected on such films; and

2. For grade “B” films. – 65% of the amusement tax collected on such films. The remaining thirty-five (35%) shall accrue to the funds of the Council.

Section 14. Amusement Tax Deduction and Remittances. – All revenue from the amusement tax on the graded film which may otherwise accrue to the cities and municipalities in Metropolitan Manila and highly urbanized and independent component cities in the Philippines pursuant to Section 140 of Republic Act. No. 7160 during the period the graded film is exhibited, shall be deducted and withheld by the proprietors, operators or lessees of theaters or cinemas and remitted within thirty (30) days from the termination of the exhibition to the Council which shall reward the corresponding amusement tax to the producers of the graded film within fifteen (15) days from receipt thereof. Proprietors, operators and lessees of theaters or cinemas who fail to remit the amusement tax proceeds within the prescribed period shall be liable to a surcharge equivalent to five percent (5%) of the amount due for each month of delinquency which shall be paid to the Council.

Section 15. Enforcement. – For purposes of implementing the previous Section , the Council may:

1. Impose administrative fines and penalties of not more than One hundred thousand pesos (P100,000.00) for the violation of any provision of this Act and/or its implementing rules and regulations issued by the Council;

2. Cause or initiate the criminal or administrative prosecution of violators of this Act and its implementing rules and regulations. For this purpose, the Council is hereby given the power to issue subpoena duces tecum and enlist the assistance or services of the Department of Justice or the Office of the Solicitor General;

3. Cause the closure of any theater or cinema that fails or unreasonably refuses to remit the tax collected on a graded film for a period not exceeding fifteen (15) days after which such period shall be automatically lifted without prejudice to the right of the Council to cause or initiate criminal or administrative prosecution against the erring theater or cinema owners pursuant to paragraph 2 of this section;

4. Call upon representative of the different government agencies and other various associations in the movie industry to help ensure compliance with the provisions of this Act and its implementing rules and regulations. For this purpose, the Council may continue Local Regulatory Council or Councils in the cities and municipalities throughout the country composed of representatives from the government and from the private sector as may be appropriate to implement the purposes and objectives of this Act and its implementing rules and regulations and they shall serve without compensation and only for such period of time as the Chairperson shall determine;

5. To deputize any law enforcement agency and instrumentality of the government for assistance in the implementation and enforcement of its functions and orders.

Section 16. Funding. – The Executive Secretary shall immediately include in the Office of the President’s program the implementation of this Act, the funding of which shall be included in the annual General Appropriations Act. To augment the operational expenses of the Council, the Council may:

a. Utilize the remaining thirty-five (35%) percent of the amusement tax collected during the period of grade “B” film is exhibited, as provided under Sections 13 and 14 hereof; and

b. Impose reasonable fees and charges for services rendered: Provided, That the amount actually collected shall be deposited in the National Treasury as a special account in the General Fund and may be used to augment its maintenance and other operating expenses, and capital outlays except the purchase of motor vehicles, subject to existing accounting and budgeting rules and regulations.

Section 17. Authority to Accept Donations. – The Council may accept donations, contributions, grants, bequests or gifts, in cash or in kind, for various sources, domestic or foreign, except from movie producers, and distributors for purposes relevant to its functions. Said donations shall be deemed automatically appropriated for purposes specified by the donor or in the absence thereof; for the programs and projects as may be approved by the Council subject to the usual government accounting and auditing rules and regulations; Provided, That cash donations shall not be used to fund the personal services requirements of the Council. Any donation, contribution, subsidy or financial aid which may be made to the Council shall be exempt from taxes of any kind and shall constitute allowable deductions in full from the income of the donors, contributors or givers for income tax purposes.

Section 18. Assistance from Other Government Agencies. – The Council may request any department, bureau, office, agency or instrumentality of the government for such assistance as may be needed in the performance of its functions.

Section 19. Implementing Rules and Regulations. – The Film Development Council shall, within ninety (90) days after the approval of this Act, issue the necessary rules and regulations to implement the provisions hereto.

Section 20. Transitory Provision. – To provide continuity in the operations of the Council, the incumbent officials and employees of the FDFPI and the FRB shall, in a holdover capacity, continue to perform their respective duties and responsibilities and shall receive their corresponding salaries and benefits until such time that the organization of the Council shall have been completed. The transition period shall not exceed six (6) months after the effectivity of this Act. All officials and employees of the FDFPI and FRB shall be deemed resigned from services upon the organization of the Council: Provided, That the officials and employees who shall be laid off shall be given preferential treatment in appointments to new positions to which they may qualify under the new staffing pattern: Provided, finally, That those who shall not be given new appointments shall be entitled to all compensation and benefits due them under existing laws. All books, assets, rights, privileges, records, obligations and liabilities of the FDFPI and the FRB are hereby transferred to the Council.

Section 21. Annual Report. – The Council shall, within ninety (90) days after the end of every fiscal year, submit to the President and to Congress an annual report on its compliance with, or accomplishments under this Act, together with its plans and recommendations to improve and develop its capability to enforce the provisions of this Act, and a complete accounting of transactions with respect to any funds received under this Act.

Section 22. Repealing Clause. – Executive Order No. 811 is hereby repealed. Executive Order 1051 and Section 140 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, are hereby amended accordingly. All other laws, decrees, orders issuances, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 23. Separability Clause. – If, for any reason, any provision of this Act, or any part thereof, is declared invalid or unconstitutional, all other sections or provisions not affected thereby shall remain in force and effect.

Section 24. Effectivity. – This Act shall take effect fifteen (15) days after publication in the Official Gazette and two (2) newspapers of national circulation.

Approved, June 7, 2002.

See Also

• Implementing Rules and Regulations of R.A. No. 9167

R.A. No. 3756, AN ACT CREATING THE NATIONAL COTTAGE INDUSTRIES BANK, DEFINING ITS POWERS, FUNCTIONS, AND OBJECTIVES

REPUBLIC ACT NO. 3756
AN ACT CREATING THE NATIONAL COTTAGE INDUSTRIES BANK, DEFINING ITS POWERS, FUNCTIONS, AND OBJECTIVES

Section 1. Name, domicile and place of business. – There is hereby created a bank to be known as the National Cottage Industries Bank. Its principal domicile and place of business shall be in the City of Manila.

Section 2. Corporate Powers. – The said Bank shall be a body corporate and shall have power:

(a) To prescribe its by-laws;

(b) To adopt and use a seal;

(c) To make contracts;

(d) To sue and be sued;

(e) To grant short and long-term loans against security or real estate, or a pledge on cottage industries products, or cottage industries machinery and/or equipment;

(f) To issue bonds and other certificates of indebtedness against its credit secured by real estate but not in excess of ninety per cent (90%) thereof. Said bonds shall be exempt from any and all taxes levied or assessed by the government or any of its subdivisions. The Board of Directors shall determine the interest rates, maturities and other requirements of the said obligations;

(g) To issue debentures with the approval of and under conditions and guarantees to be prescribed by the Central Bank; and

(h) To exercise further, the general powers mentioned in the Corporation Law and the General Banking Law insofar as they are not inconsistent with the provisions of this Act.

Section 3. Capitalization. – Authorized Capital Stock, Par Value. – The Bank shall have an authorized capital stock of thirty million pesos divided into three hundred thousand par value shares of one hundred pesos each. The shares shall be divided into two groups marked Series “A” and Series “B”:

(a) Series “A” shall comprise twenty million pesos equivalent to two hundred thousand par value shares to be subscribed for by the Government of the Republic of the Philippines; and

(b) Series “B” shall comprise ten million pesos equivalent to one hundred thousand par value shares to be subscribed for the cottage industries producers and/or manufacturers, and producers and marketing cooperatives, engaged in cottage industries.

Section 4. Board of Directors, Composition and Organization. – The affairs and business of the Bank shall be directed and its property managed and preserved, unless otherwise provided in this Act, by a Board of Directors which shall be composed of a chairman, vice-chairman, and five members. The Secretary of Commerce and Industry shall be the chairman of the Board of Directors, and the Administrator of the National Cottage Industries Development Authority shall be the vice-chairman. The President of the Republic of the Philippines shall appoint two members of the Board and the other three shall be elected by the stockholders in a general election called for that purpose; Provided, however, That the first Board of Directors shall be all appointed by the President of the Republic of the Philippines for the first year of operation of the Bank. The two appointive members of the Board shall hold a term of office for two (2) years depending upon the discretion of the President of the Republic of the Philippines. The members of the Board shall be paid a per diem of twenty-five pesos per session actually attended but not exceeding two hundred fifty pesos a month.

Section 5. Fiscal Year. – The fiscal year of the Bank shall commence on July first and end on June thirtieth of the succeeding year.

Section 6. Election of the three members of the Board of Directors. – The annual meeting of stockholders shall be held on the first Saturday of March of each year for the purpose, among other things, of electing three elective members of the Board of Directors, and of transacting such other business as may be contained in the agenda. In this election, the shares held by the government shall not be entitled to vote.

Section 7. Officers. – The Bank shall have the following officers; a president, a vice-president, a secretary, a treasurer by the Board of Directors. Their compensation and tenure of office shall be fixed also by the Board.

Section 8. Duties of Directors and Officers. – The duties and responsibilities of directors and officers shall be as prescribed in the regulations and by-laws of the Bank.

Section 9. Powers of the Board of Directors. – (a) To formulate policies necessary to carry out effectively the provisions of this Act, and adopt such by-laws, rules and regulations for the effective operation of the Bank, in conformity with this Act and existing laws; and

(b) To establish branches or agencies in such points within the Philippines, subject to the approval of the Central Bank.

Section 10. Other officers and employees. – Other officers and employees of the Bank shall be appointed by the President of the Bank and confirmed by the Board. No officer or employee of the Bank shall be removed except for just cause and upon confirmation by the Board.

Section 11. Every director, officer, and employee handling funds, securities and property on behalf of the Bank shall, subject to regulations, execute and deliver adequate bonds for the faithful performance of his duties and obligations.

Section 12. Inspection of the Bank – Supervision and examination by the Central Bank of the Philippines. – The Bank shall be subject to supervision and examination by the Central Bank of the Philippines.

Section 13. Acquisition and Disposal of Real Estate – Right to purchase, hold and dispose of real estate. – The Bank is hereby authorized to purchase and own such real estate as may be necessary for the purpose of carrying on its business and incidental to its operation of activities. It is also authorized to hold such real estate as it may find necessary to acquire in the collection of debts due to the said Bank or to its branches, but real estate acquired in the collection of debts shall be sold by said Bank within five years after date of its acquisition.

Section 14. Payment of Dividends. – Payment into the Philippine Treasury of dividends corresponding to Government owned shares. – All profits assigned as dividends to the shares of the Government shall be paid into the Treasury of the Philippines for the general funds thereof.

Section 15. Payment to stockholders of dividends corresponding to private-owned shares. – All profits assigned as dividends to shares of stockholders shall be paid to the duly registered stockholder of the Bank.

Section 16. Funds – Appropriations. – To carry out the purposes of this Act, the sum of twenty million pesos is hereby appropriated, out of any funds in the National Treasury not otherwise appropriated, which shall constitute as the share of the government in the capitalization of the Bank.

Section 17. Definition of Terms. – The words used in this Act shall be construed as follows:

(a) Bank – shall mean the National Cottage Industries Bank as provided for under this Act.

(b) Board – means the Board of Directors of the National Cottage Industries Bank.

(c) Stockholders – shall mean the duly registered owners of shares of stock of the National Cottage Industries Bank.

(d) Dividend – shall mean that portion of profits and surplus funds of the Bank which has been actually set apart, by a valid act of the Bank for distribution among the stockholders according to their respective interests, in such manner as to become segregated from the property of the Bank, and to become the property of the stockholder distributively. Dividend is payable out of surplus profits only.

(e) Short-term loan – shall mean a loan by a debtor of the Bank payable within a period of one year from approval thereof.

(f) Long-term loan – shall mean a loan by a debtor of the Bank payable beyond a period of one year from approval thereof but not exceeding ten years.

(g) Cottage Industries – shall mean the economic activity described in Section eleven of Republic Act Numbered Thirty-four hundred and seventy.

(h) Producer – shall mean a cottage industry producer.

Section 18. Miscellaneous provisions – Matters not covered by this Act. – The provisions of Republic Act Numbered Three hundred thirty-seven, otherwise known as the General Banking Act, shall apply to the operation of the Bank in matters not otherwise specifically provided for in this Act.

Section 19. Penal provisions – Penalties for violations of the provisions of this Act. – Any director, officer, employee, or agent of the Bank, who violates or permits the violation of any of the provisions of this Act, or any person aiding or abetting the violation of any of the provisions of this Act, shall be punished by a fine not to exceed ten thousand pesos or by imprisonment of not more than five years, or both, at the discretion of the court.

Section 20. Application of the Revised Penal Code. – The provisions of Title Four, Chapter One of Act Numbered Thirty-eight hundred and fifteen, known as the Revised Penal Code, are hereby made applicable to violations of the law consisting in making or causing to be made, and circulating or causing to be circulated, forged checks and notes and bonds in imitation of those of the Bank.

Section 21. Repealing Clause. – All Acts or parts of Acts inconsistent or incompatible with the provisions of this Act are hereby repealed.

Section 22. This Act shall take effect upon its approval.

Approved, June 22, 1963.

Republic Acts

Laws passed by the Philippine Congress starting in 1946-1972 and 1987 to the present are denominated as ‘Republic Acts’.

Republic Acts, by year enacted: 1946 · 1947 · 1948 · 1949 · 1950 · 1951 · 1952 · 1953 · 1954 · 1955 · 1956 · 1957 · 1958 · 1959 · 1960 · 1961 · 1962 · 1963 ·1964 · 1965 · 1966 · 1967 · 1968 · 1969 · 1970 · 1971 · 1972 · 1987 · 1988 · 1989 · 1990 · 1991 · 1992 · 1993 · 1994 · 1995 · 1996 · 1997 · 1998 · 1999 ·2000 · 2001 · 2002 · 2003 · 2004 · 2005 · 2006 · 2007 · 2008 · 2009 · 2010 · 2011 · 2012

Republic Acts, by number:

R.A. No. 10086, Strengthening Peoples’ Nationalism Through Philippine History Act

S. No. 3472 H. No. 6378

REPUBLIC ACT NO. 10086 
May 12, 2010

AN ACT STRENGTHENING PEOPLES’ NATIONALISM THROUGH PHILIPPINE HISTORY BY CHANGING THE NOMENCLATURE OF THE NATIONAL HISTORICAL INSTITUTE INTO THE NATIONAL HISTORICAL COMMISSION OF THE PHILIPPINES, STRENGTHENING ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title.  This Act shall be known as the “Strengthening Peoples’ Nationalism Through Philippine History Act”.

SEC. 2. Declaration of Policy.  It is hereby declared to be the policy of the State to conserve, promote and popularize the nation’s historical and cultural heritage and resources. Pursuant to the Constitution, all the country’s artistic and historic wealth constitutes the cultural treasure of the nation and shall be under the protection of the State which may regulate its disposition.

Towards this end, the State shall provide the means to strengthen people’s nationalism, love of country, respect for its heroes and pride for the people’s accomplishments by reinforcing the importance of Philippine national and local history in daily life with the end in view of raising social consciousness; reinvigorating government support for historical research; and sustaining and enhancing programs for the protection, preservation and conservation of historical relics and memorabilia, monuments, sites and other historical resources.

The State shall likewise give utmost priority not only to the research on history but also to the popularization of history. In this way, the State will be able to build a Philippine national identity based on unity and pride in diversity held together by a common history.

SEC. 3. Definition of Terms.  For purposes of this Act, the following terms shall be defined as follows:

1. “Built heritage” refers to architectural and engineering structures such as, but not limited to, bridges, government buildings, houses of ancestry and worship, traditional dwellings, technological and industrial complexes and their settings, and landscapes with notable historical and cultural significance.
2. “Classified” refers to structures and sites marked and listed as such and recorded in the National Historical Commission of the Philippines’s National Registry of Historic Sites and Structures, and not falling under any of the five (5) categories of historic sites and structures, namely: National Shrines, National Monuments, National Landmarks, Heritage Houses and Historic Sites.
3. “Conservation” refers to all processes and measures of maintaining the cultural significance of a cultural property including, but not limited to, physical, social or legal preservation, restoration, reconstruction, protection, adaptation or any combination thereof.
4. “Documentation” refers to the recording in a permanent format of information derived from research, conservation and other activities of the National Historical Commission of the Philippines (NHCP).
5. “Heritage houses” refers to houses of ancestry with notable historical, cultural, social, architectural and artistic value and significance as declared by the NHCP.
6. “Historic site” refers to a place recognized to have an important historical significance as declared by the NHCP.
7. “Historical street name” refers to a street name which has been in existence for at least fifty (50) years.
8. “History” refers to the record of people, places and events in the past; it can also mean the discipline involving the study of people, places and events in the past.
9. “History museum” refers to a place where relics and memorabilia and other resources pertaining to important people, places and events in the past are thematically presented and systematically preserved, catalogued or displayed for public appreciation and education.
10. “Historical research” refers to the scholarly investigation of people, places and events in the past.
11. “Historical writing” refers to the coherent, narrative and scholarly documentation of people, places and events in the past.
12. “National historical landmarks” refers to sites or structures which are associated with events or achievements significant to Philippine history declared as such by the NCHP.
13. “National historical monuments” refers to structures erected as a memorial to great heroes or events in Philippine history declared as such by the NHCP.
14. “National historical shrines” refers to sites or structures hallowed and revered for their history or association declared as such by the NHCP.
15. “National registry of historic sites and structures” refers to the records of all historic sites and structures of the country as found in the documentation of the NHCP.
16. “Philippine history” is the study of people, events and places from the dawn of the recorded past of the Philippines to contemporary period.
17. “Preservation” refers to all activities that employ means to control, minimize or prevent damage or deterioration to cultural property.
18. “Restoration” refers to the action taken or the technical intervention to correct deterioration and alterations and return cultural property to its original state or condition.

SEC. 4. Renaming of the National Historical Institute.  The nomenclature of the National Historical Institute (NHI), established pursuant to Presidential Decree No. 1, series of 1972, is hereby changed to National Historical Commission of the Philippines (NHCP).

The NHCP shall be an independent agency attached to the National Commission for Culture and the Arts (NCAA).

SEC. 5. General Mandate.  The NHCP is the primary government agency responsible for history and has the authority to determine all factual matters relating to official Philippine history.

In this regard, the NHCP shall:

1. conduct and support all kinds of research relating to Philippine national and local history;
2. develop educational materials in various media, implement historical educational activities for the popularization of Philippine history, and disseminate, information regarding Philippine historical events, dates, places and personages;
3. undertake and prescribe the manner of restoration, conservation and protection of the country’s historical movable and immovable objects;
4. manage, maintain and administer national shrines, monuments, historical sites, edifices and landmarks of significant historico-cultural value; and
5. actively engage in the settlement or resolution of controversies or issues relative to historical personages, places, dates and events.

SEC. 6. The Board.  The NHCP shall be governed by a nine (9)-member Board, which shall be created to formulate and implement NHCP policies relating to the agency’s mandate.

SEC. 7. Powers and Functions of the Board.  The Board of the NHCP shall exercise the following powers and functions:

1. Conduct and encourage all manner of research pertaining to Philippine national and local history;
2. Acquire important historical documents, collections, memorabilia and other objects that have significant historical valuer
3. Acquire real property, buildings and other structures for the purpose of preserving, restoring and conserving their significant historical value;
4. Determine the manner of identification, maintenance, restoration, conservation and preservation of historical sites, shrines, structures and monuments;
5. Approve the declaration of historic structures and edifices such as national shrines, monuments and landmarks or heritage houses;
6. Prescribe the manner of celebration or commemoration of significant events pertaining to Philippine history;
7. Initiate and, in cooperation with the appropriate government or private entity, promote programs for the popularization of Philippine history such as, but not limited to, the integration of the subject of history into the school curriculum, among others;
8. Discuss and resolve, with finality, issues or conflicts on Philippine history;
9. Implement and enforce Republic Act No. 8491, otherwise known as the Flag Law, and other special laws where the NHCP has been designated as the implementing body;
10. Secure and receive local, bilateral and international donations, grants and endowments in support of its programs and projects;
11. Develop and implement consortium agreements to link other government agencies and/or private individuals and organizations engaged in or in support of the mandate of the NHCP;
12. Regulate activities pertaining to the preservation, restoration and conservation of historical property or resources;
13. Generate funds from government or private sources, local or international for its programs and projects;
14. Collect reasonable fees for the use, sale or rent of its resources as well as entrance fees to shrines and landmarks under the jurisdiction of the NHCP;
15. Approve grants, create committees or deputize individuals for NHCP projects; (p) Conduct public hearings and ocular inspections or initiate factual investigations with respect to disputed historical issues for the purpose of declaring official historical dates, places, personages and events;
16. Approve the annual budget of the NHCP before its presentation to the Department of Budget and Management (DBM) and Congress;
17. Appoint the Deputy Executive Directors of the NHCP; and
18. Exercise oversight functions over the administrative operations of the NHCP.

SEC. 8. Composition of the Board.  The Board shall be headed by a Chairperson and shall be composed of five (5) distinguished historians representing the private sector who shall serve as regular members of the Board and who shall be appointed by the President of the Republic of the Philippines. Only the regular members can vote on matters relating to historical research and similar academic concerns. The following shall serve as ex officio members:

1. The Director of the National Library of the Philippines;
2. The Director of the National Museum;
3. The Executive Director of the National Archives of the Philippines; and
4. The Executive Director of the NHCP.

SEC. 9. Qualifications of Regular Members of the Board.  No person shall be appointed or elected to the Board unless he/she possesses the following minimum qualifications:

1. A natural-born citizen of the Republic of the Philippines;
2. At least thirty-five (35) years of age;
3. With good moral character;
4. Has distinguished himself/herself in the field of Philippine history; and
5. Has published works in Philippine history and other academic fields recognized by scholars and the reading public.

SEC. 10. Regular Members; Term of Office.  The regular members of the Board shall serve for a term of four (4) years: Provided, That the first five (5) appointees pursuant to this law shall hold office under the following staggered terms, namely: two (2) appointees will have a full term of four (4) years; two (2) appointees will have a term of three (3) years; and the remaining appointee shall have a term of two (2) years: Provided, further, That the regular members shall not serve for more than two (2) consecutive terms. Appointment to any vacancy shall only be for the unexpired portion of the term of the predecessor. In no case shall a member be appointed or designated in a temporary or acting capacity.

SEC. 11. Election of the Chairman.  The Board shall be headed by a Chairman who shall be elected from among the regular members in an election to be participated in by all the members of the Board.

SEC. 12. Term of Office of the Chairman.  The Chairman shall have a term of three (3) years and shall not serve more than two (2) consecutive terms.

SEC. 13. Functions of the Chairman.  The Chairman is the head of the agency and shall represent and act for the Board in all matters pertaining to the NHCP. The Chairman, being the public face of the NHCP, shall:

1. provide leadership in the realization of the vision and mission of the NHCP;
2. advise the President and Congress on matters relating to Philippine history;
3. preside over meetings of the Board;
4. propose the agenda for meetings of the Board;
5. exercise oversight over the Executive Director and Deputy Executive Directors to ensure the implementation of policies, decisions and resolutions of the Board;
6. represent the NHCP on official matters;
7. represent the NHCP in the Board of the NCCA and other agencies where the NHCP head of agency sits; and
8. perform such other authority, functions or duties which the President of the Philippines or the Board may delegate.

SEC. 14. The Executive Director.  The Executive Director shall be appointed by the President of the Republic of the Philippines. He/She shall have a rank equivalent to a bureau director.

SEC. 15. Functions of the Executive Director.  The Executive Director shall have the following functions:

1. Implement the policies and programs approved and promulgated by the NHCP Board;
2. Administer the day-to-day operations of the NHCP;
3. Represent the NHCP in meetings when authorized or delegated by the Board; and
4. Perform such other functions assigned by the NHCP Board.

SEC. 16. The Deputy Executive Directors.  The Executive Director shall be assisted by a Deputy Executive Director for Administration and a Deputy Executive Director for Programs and Projects.

The Deputy Executive Directors shall be appointed by the Board.

SEC. 17. Qualifications of the Executive Director and Deputy Executive Directors.  No person shall be appointed or designated as Executive Director and Deputy Executive Directors of the NHCP unless he/she possesses the following minimum qualifications;

1. A natural-born citizen of the Republic of the Philippines;
2. Has good moral character;
3. Holder of any four (4)-year college degree ;
4. Has at least five (5) years of actual and relevant experience in managing a government agency in the case of the Executive Director and three (3) years experience in the case of the Deputy Executive Directors; and
5. Has career executive service officer (CESO) eligibility only with respect to the Deputy Executive Director position.

SEC. 18. Delegation of Authority.  The Executive Director shall have authority over and responsibility for the day-to-day operations of the NHCP. He/She may delegate such authority to the Deputy Executive Directors to implement plans and programs. The delegation shall be in writing; shall indicate the name of specific officer to which the delegation is made; shall indicate the duties and responsibilities delegated; shall indicate the length of period of delegated authority; and shall vest sufficient authority to enable the delegate to discharge his/her assigned responsibility.

SEC. 19. Reorganization.  Within one hundred twenty (120) days from the efiectivity of this Act, the Board shall have the authority to reorganize the structure of the NHI, including its staffing pattern in order to carry out its functions pursuant to its expanded mandate as the NHCP.

Employees of the NHI shall be subsumed in the NHCP and, whenever qualified, be upgraded to their analogous positions. Employees opting to avail of an early retirement scheme shall be granted under the existing DBM guidelines.

SEC. 20. Historic Sites and Structures Documentation Center.  A Historic Sites and Structures Documentation Center (HSSDC) shall be established within the NHCP, replacing the existing Survey and Documentation Section, which shall be tasked with undertaking the survey, identification, documentation and recommendation for declaration of historic structures and edifices such as national shrines, monuments and landmarks or heritage houses by the NHCP Board and maintaining the National Registry of Historic Sites and Structures.

SEC. 21. Local Historical Committees Network.  The existing work of the agency on historical society affiliations shall constitute the Local Historical Committees Network (LHCN). The LHCN shall monitor, coordinate, support and, upon approval of the Board, affiliate various local historical bodies engaged in the collection, documentation, popularization, conservation, restoration and preservation of extant historical materials found in different parts of the Philippines. It shall also record the oral histories of towns, cities, provinces, regions and peoples.

SEC. 22. Materials Research Conservation Division.  The Materials Research Conservation Center of the agency shall be renamed as Materials Research Conservation Division (MRCD). Aside from its regular functions, it shall provide consultancy services to collectors of historical objects that are considered valuable components of Filipino heritage to ensure that preservation, restoration and conservation techniques and procedures are in accordance with the accepted international standards set in protecting historical objects and materials. The MRCD shall enrich and update knowledge on restoration and preservation techniques through scientific research. It shall likewise establish linkages between the Philippines and various international bodies engaged in the scientific preservation of historical and cultural objects.

SEC. 23. Tax Exemption on Donations.  The provisions of any general or special law to the contrary notwithstanding:

1. The NHCP shall be exempt from all taxes on its income;
2. All donations in any form to the NHCP shall be exempt from the donor’s tax and the same shall be considered as allowable deduction from the gross income in the computation of the income tax of the donor, in accordance with the provisions of Republic Act No. 8424, otherwise known as the National Internal Revenue Code of 1997, as amended; and
3. Importation of scientific, philosophical, historical and cultural books, supplies and materials for the use in the conservation or preservation work of the NHCP and duly certified by the Board, shall be exempt from customs duties.

SEC. 24. Revolving Fund.  The income of the NHCP not exceeding the amount of One million pesos (P1,000,000.00) derived from the proceeds of publications, park entrance fees and donations, the rendering of technical services, conferences and workshops and similar income shall be constituted as a revolving fund to augment the projects where the income was derived subject to government auditing rules and regulations: Provided, That proceeds in excess of the aforementioned amount shall be remitted to the National Treasury and accrue to the General Fund.

SEC. 25. Funding Provision.  The amount necessary for the effective implementation of this Act shall be included in the annual General Appropriations Act.

SEC. 26. Transitory Provisions.  The incumbent Chairman, Executive Director and Deputy Executive Directors of the NHI shall continue to serve in their respective capacities as the Chairman, Executive Director and Deputy Executive Directors of the herein established NHCP for one (1) year after the effectivity of this Act or until a new Chairman and Executive Director shall have been appointed by the President and the two (2) new Deputy Executive Directors shall have been appointed by the Board.

All assets, fixed and movable, and all contracts, records and documents relative to the operations of the NHI are hereby transferred to the NHCP.

All agreements and contracts entered into by the NHI shall remain in full force and effect unless otherwise terminated, modified or amended by the NHCP.

Officials and employees of the NHI shall be absorbed by the NHCP on the basis of merit and fitness: Provided, That officers and employees who shall be separated from the service as a result of the abolition of any of the divisions therein shall be entitled to retirement and other separation benefits provided under existing laws.

SEC. 27. Implementing Rules and Regulations.  The NHCP, in consultation with the other government agencies mentioned in this Act, shall promulgate the implementing rules and regulations within ninety (90) days after the effectivity of this Act.

SEC. 28. Separability Clause.  If any provision of this Act is held invalid or unconstitutional, the same shall not affect the validity and effectivity of the other provisions hereof.

SEC. 29. Repealing Clause.  The pertinent provisions of Presidential Decree No. 1, series of 1972 and all other laws, decrees, executive orders and rules and regulations contrary to or inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 30. Effectivity Clause.  This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved,

This Act which is a consolidation of Senate Bill No. 3472 and House Bill No. 6378 was finally passed by the Senate and the House of Representatives on January 26, 2010 and January 27, 2010, respectively.

Approved: MAY 12 2010

(Sgd.) GLORIA MACAPAGAL  ARROYO
President of the Philippines

R.A. No. 10054, Motorcycle Helmet Act of 2009

REPUBLIC ACT No. 10054
AN ACT MANDATING ALL MOTORCYCLE RIDERS TO WEAR STANDARD PROTECTIVE MOTORCYCLE HELMETS WHILE DRIVING AND PROVIDING PENALTIES THEREFOR

Section 1. Short Title. – This Act shall be known as the “Motorcycle Helmet Act of 2009″.

Section 2. Declaration of Policy. – It is hereby declared the policy of the State to secure and safeguard its citizenry, particularly the operators or drivers of motorcycles and their passengers, from the ruinous and extremely injurious effects of fatal or life threatening accidents and crashes. Towards this end, it shall pursue a more proactive and preventive approach to secure the safety of motorists, their passengers and pedestrians at all times through the mandatory enforcement of the use of standard protective motorcycle helmet.

Section 3. Mandatory Use of Motorcycle Helmets. – All motorcycle riders, including drivers and back riders, shall at all times wear standard protective motorcycle helmets while driving, whether long or short drives, in any type of road and highway. Standard protective motorcycle helmets are appropriate types of helmets for motorcycle riders that comply with the specifications issued by the Department of Trade and Industry (DTI). The DTI shall issue guidelines, which should include the specifications regarding standard protective motorcycle helmets.

Section 4. Exemption. – Drivers of tricycles shall be exempted from complying with the mandatory wearing of motorcycle helmets as provided in this Act.

Section 5. Provision of Motorcycle Helmets. – A new motorcycle helmet which bears the Philippine Standard (PS) mark or Import Commodity Clearance (ICC) of the Bureau of Product Standards (BPS) and complies with the standards set by the BPS shall be made available by every seller and/or dealer every time a new motorcycle unit is purchased and which the purchaser may buy at his option. Failure to comply with the requirements provided under this section shall constitute a violation of this Act.

Section 6. Implementation. – The Department of Transportation and Communications (DOTC), with its attached agency, the Land Transportation Office (LTO), is mandated by this Act to issue guidelines necessary to implement the provisions of this Act. The DTI, through the BPS, is mandated to utilize the United Nations Economic Commission for Europe (UNECE) Protocols with regard to the standards that will be applicable to the approval or disapproval of motorcycle helmets that will be sold in the Philippines. The DTI, through the BPS, shall conduct a mandatory testing of all manufactured and imported motorcycle helmets in the Philippines. All manufacturers and importers of standard protective motorcycle helmets are required to secure a PS license or ICC prior to the sale and distribution of their products. The BPS shall issue periodically a list of motorcycle helmet manufacturers and importers and the brands which pass the standards of the BPS to be published in a newspaper of general circulation or in its website. Upon the effectivity of this Act, only those standard protective motorcycle helmets bearing the PS or ICC mark shall be sold in the market.

Section 7. Penalties. – (a) Any person caught not wearing the standard protective motorcycle helmet in violation of this Act shall be punished with a fine of One thousand five hundred pesos (Phpl,500.00) for the first offense; Three thousand pesos (Php3,000.00) for the second offense; Five thousand pesos (Php5,000.00) for the third offense; and Ten thousand pesos (php 10,000.00) plus confiscation of the driver’s license for the fourth and succeeding offenses.

(b) Any seller and/or dealer who violates Section 5 of this Act shall be punished with a fine of not less than Ten thousand pesos (Phpl0,000.00) but not more than Twenty thousand pesos (Php20,000.00).

(c) Any person who uses, sells and distributes substandard motorcycle helmets or those which do not bear the PS mark or the ICC certificate shall be punished with a fine of not less than Three thousand pesos (Php3,000.00) for the first offense; and Five thousand pesos (Php5,000.00) for the second offense, without prejudice to other penalties imposed in Republic Act No. 7394 or the “Consumer Act of the Philippines”.

(d) Tampering, alteration, forgery and imitation of the PS mark and the ICC certificates in the helmets shall be punished with a fine of not less than Ten thousand pesos (Phpl0,000.00) but not more than Twenty thousand pesos (Php20,000.00), without prejudice to other penalties imposed in Republic Act No. 7394 or the “Consumer Act of the Philippines”.

Section 8. Nationwide Public Information Campaign. – The LTO, in coordination with the Philippine Information Agency (PIA), the Department of Education (DepED) and private agencies and organizations, shall undertake a nationwide information, education and communication (lEC) campaign for a period of six (6) months for the attainment of the objectives of this Act.

Section 9. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of this Act or the provisions not otherwise affected shall remain valid and subsisting.

Section 10. Repealing Clause. – All laws, decrees, orders, rules and regulations or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

Section 11. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved, March 23, 2010.

R.A. No. 9874, AN ACT CONVERTING THE NATO HIGH SCHOOL IN THE MUNICIPALITY OF SAGÑAY, PROVINCE OF CAMARINES SUR INTO A NATIONAL HIGH SCHOOL TO BE KNOWN AS NATO NATIONAL HIGH SCHOOL, AND APPROPRIATING FUNDS THEREFOR

REPUBLIC ACT NO. 9874
AN ACT CONVERTING THE NATO HIGH SCHOOL IN THE MUNICIPALITY OF SAGÑAY, PROVINCE OF CAMARINES SUR INTO A NATIONAL HIGH SCHOOL TO BE KNOWN AS NATO NATIONAL HIGH SCHOOL, AND APPROPRIATING FUNDS THEREFOR

Section 1. Conversion into a National High School. The Nato High School in the Municipality of Sagñay, Province of Camarines Sur is hereby converted into a national high school to be known as Nato National High School.

Section 2. Transfer of Assets and Liabilities. All personnel, assets, liabilities and records of the Nato High School are hereby transferred to and absorbed by the Nato National High School.

Section 3. Appropriations. – The Secretary of Education shall immediately include in the Departments program the operationalization of the Nato National High School, the funding of which shall be included in the annual General Appropriations Act.

Section 4. Implementation. – The Secretary of Education shall issue rules and regulations that may be necessary to carry out the purpose of this Act.

Section 5. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette.

Approved, December 31, 2009.

R.A. No. 9265, AN ACT CREATING THE MUNICIPALITY OF SAN ISIDRO IN THE PROVINCE OF DAVAO DEL NORTE

REPUBLIC ACT NO. 9265
AN ACT CREATING THE MUNICIPALITY OF SAN ISIDRO IN THE PROVINCE OF DAVAO DEL NORTE

Section 1. Creation. There is hereby created a new municipality in the Province of Davao del Norte to be known as the Municipality of San Isidro.

Section 2. Seat of the Municipal Government. The seat of government of the new Municipality of San Isidro shall be in Barangay Sawata.

Section 3. Territorial Boundaries. The Municipality of San Isidro as herein created composed, composed of barangays Sawata, Sabangan, Mamangan, Sto. Nio, Igangon and Kipalili, of the Municipality of Asuncion, and barangays Daudao, Datu Balong, Libuton, Pinamuno, Monte Dujali, Linao and San Miguel of the Municipality of Kapalong, all in the Province of Davao del Norte, has the following technical description: Bounded on the North by the Municipality of Kapalong; on the South by the Municipality of Kapalong and the Municipality of Asuncion; on the East by the Province of Compostela Valley; and on the West by the Municipality of Kapalong. The foregoing provision shall be without prejudice to the resolution by the appropriate agency or forum of any boundary dispute or case involving question of territorial jurisdiction between Municipality of San Isidro and the adjoining local government units (LGUs): Provided, however, That the territorial jurisdiction of the disputed area or areas shall remain with the LGU, which has existing administrative supervision over said area or areas until the final resolution of the case.

Section 4. Plebiscite. The Municipality of San Isidro shall acquire corporate existence upon the ratification of its creation by a majority of the votes cast by qualified voters in a plebiscite to be conducted in the barangays comprising the Municipality of San Isidro pursuant to Section 3 hereof and in the municipalities of Asuncion and Kapalong, Province of Davao del Norte within thirty (30) days from the approval of this Act. The Commission on Elections shall conduct and supervise such plebiscite.

Section 5. Officials of the Municipality of San Isidro. Upon ratification of its creation by a majority of the votes cast by qualified voters in a plebiscite, the mayor, vice mayor and the members of the sangguniang bayan shall be appointed by the President of the Republic of the Philippines, in consultation with the representative of the congressional district and the provincial governor, and shall serve until the new set of officials shall have been elected and qualified in the next local elections following the approval of this Act.

Section 6. Internal Revenue Allotment Shares. During the first year of acquisition of its corporate existence, the Municipality of San Isidro shall receive the Internal Revenue Allotment (IRA) shares of barangays as provided in Section 3 hereof from the Department of Budget and Management. Thereafter, the Municipality of San Isidro and all the barangays comprising it shall be entitled to IRA shares pursuant to the provision of Section 285 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991.

Section 7. Appropriations. The amount necessary to conduct such plebiscite as provided for under this Act shall be borne proportionately by the municipalities of Kapalong and Asuncion and the barangays.

Section 8. Repealing Clause. All laws, executive orders, rules and regulations which are inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 9. Effectivity. This Act shall take effect upon its approval.

Approved, March 15, 2004.

R.A. No. 8972, Solo Parents’ Welfare Act of 2000

AN ACT PROVIDING FOR BENEFITS AND PRIVILEGES TO SOLO PARENTS AND THEIR CHILDREN, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines Congress assembled:

Section 1. Title. - This Act shall be known as the “Solo Parents’ Welfare Act of 2000.”

Section 2. Declaration of Policy. - It is the policy of the State to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development. Towards this end, it shall develop a comprehensive program of services for solo parents and their children to be carried out by the Department of Social Welfare and Development (DSWD), the Department of Health (DOH), the Department of Education, Culture and Sports (DECS), the Department of the Interior and Local Government (DILG), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), the National Housing Authority (NHA), the Department of Labor and Employment (DOLE) and other related government and nongovernment agencies.

Section 3. Definition of Terms. - Whenever used in this Act, the following terms shall mean as follows:

(a) “Solo parent” – any individual who falls under any of the following categories:

(1) A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child;

(2) Parent left solo or alone with the responsibility of parenthood due to death of spouse;

(3) Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;

(4) Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility of parenthood due to legal separation or de factoseparation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children;

(6) Parent left solo or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children;

(7) Parent left solo or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) year;

(8) Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution;

(9) Any other person who solely provides parental care and support to a child or children;

(10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.

A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits.

(b) “Children” – refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability.

(c) “Parental responsibility” – with respect to their minor children shall refer to the rights and duties of the parents as defined in Article 220 of Executive Order No. 209, as amended, otherwise known as the “Family Code of the Philippines.”

(d) “Parental leave” – shall mean leave benefits granted to a solo parent to enable him/her to perform parental duties and responsibilities where physical presence is required.

(e) “Flexible work schedule” – is the right granted to a solo parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer.

Section 4. Criteria for Support. - Any solo parent whose income in the place of domicile falls below the poverty threshold as set by the National Economic and Development Authority (NEDA) and subject to the assessment of the DSWD worker in the area shall be eligible for assistance: Provided, however, That any solo parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Act.

Section 5. Comprehensive Package of Social Development and Welfare Services. - A comprehensive package of social development and welfare services for solo parents and their families will be developed by the DSWD, DOH, DECS, CHED, TESDA, DOLE, NHA and DILG, in coordination with local government units and a nongovernmental organization with proven track record in providing services for solo parents.

The DSWD shall coordinate with concerned agencies the implementation of the comprehensive package of social development and welfare services for solo parents and their families. The package will initially include:

(a) Livelihood development services which include trainings on livelihood skills, basic business management, value orientation and the provision of seed capital or job placement.

(b) Counseling services which include individual, peer group or family counseling. This will focus on the resolution of personal relationship and role conflicts.

(c) Parent effectiveness services which include the provision and expansion of knowledge and skills of the solo parent on early childhood development, behavior management, health care, rights and duties of parents and children.

(d) Critical incidence stress debriefing which includes preventive stress management strategy designed to assist solo parents in coping with crisis situations and cases of abuse.

(e) Special projects for individuals in need of protection which include temporary shelter, counseling, legal assistance, medical care, self-concept or ego-building, crisis management and spiritual enrichment.

Section 6. Flexible Work Schedule. - The employer shall provide for a flexible working schedule for solo parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds.

Section 7. Work Discrimination. - No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status.

Section 8. Parental Leave. - In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.

Section 9. Educational Benefits. - The DECS, CHED and TESDA shall provide the following benefits and privileges:

(1) Scholarship programs for qualified solo parents and their children in institutions of basic, tertiary and technical/skills education; and

(2) Nonformal education programs appropriate for solo parents and their children.

The DECS, CHED and TESDA shall promulgate rules and regulations for the proper implementation of this program.

Section 10. Housing Benefits. - Solo parents shall be given allocation in housing projects and shall be provided with liberal terms of payment on said government low-cost housing projects in accordance with housing law provisions prioritizing applicants below the poverty line as declared by the NEDA.

Section 11. Medical Assistance. - The DOH shall develop a comprehensive health care program for solo parents and their children. The program shall be implemented by the DOH through their retained hospitals and medical centers and the local government units (LGUs) through their provincial/district/city/municipal hospitals and rural health units (RHUs).

Section 12. Additional Powers and Functions of the DSWD. — The DSWD shall perform the following additional powers and functions relative to the welfare of solo parents and their families:

(a) Conduct research necessary to: (1) develop a new body of knowledge on solo parents; (2) define executive and legislative measures needed to promote and protect the interest of solo parents and their children; and (3) assess the effectiveness of programs designed for disadvantaged solo parents and their children;

(b) Coordinate the activities of various governmental and nongovernmental organizations engaged in promoting and protecting the interests of solo parents and their children; and

(c) Monitor the implementation of the provisions of this Act and suggest mechanisms by which such provisions are effectively implemented.

Section 13. Implementing Rules and Regulations. - An interagency committee headed by the DSWD, in coordination with the DOH, DECS, CHED, TESDA, DOLE, NHA, and DILG is hereby established which shall formulate, within ninety (90) days upon the effectivity of this Act, the implementing rules and regulations in consultation with the local government units, nongovernment organizations and people’s organizations.

Section 14. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the budget of concerned government agencies in the General Appropriations Act of the year following its enactment into law and thereafter.

Section 15. Repealing Clause. - All laws, decrees, executive orders, administrative orders or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Section 16. Separability Clause. - If any provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall continue to be in full force and effect.

Section 17. Effectivity Clause. - This Act shall take effect fifteen (15) days following its complete publication in theOfficial Gazette or in at least two (2) newspaper of general circulation.

Approved.

(Sgd.)

JOSEPH EJERCITO ESTRADA
President of the Philippines