Presidential Decree No. 977 Creating the Philippine Fish Marketing Authority, Defining Its Functions and Powers, and for Other Purposes

1 MALACAÑANG M a n i l a PRESIDENTIAL DECREE No. 977 August 11, 1976 CREATING THE PHILIPPINE FISH MARKETING AUTHORITY, DEFINING ITS FUNCTIONS AND POWERS, AND FOR OTHER PURPOSES WHEREAS, it is recognized that fish is a staple food and major source of protein of the Filipino people; WHEREAS, there is an imperative need to increase fish supply and stabilize consumer prices through the improvement of handling and marketing practices in fish landings and fish markets throughout the country, particularly in major centers of population; WHEREAS, Filipino and foreign marketing experts are unanimous in their observation that there is a need for a more organized marketing and distribution system for fish that would coordinate the interests of fishing boat operators, fishpond and fishpen owners, brokers, wholesaler, retailers and consumers; and WHEREAS, it is necessary to provide a modern organizational and marketing framework to supplement current and future development programs in the fishing industry. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, in order to effect the desired changes and reforms in the social, economic and political structure of our society, do hereby decree and order that the following be adopted and made part of the laws, of the land: Section 1. Declaration of Policy. It is hereby declared to be the policy of the Government to promote the development of the fishing industry and improve efficiency in the handling, preserving, marketing and distribution of fish and fishery/aquatic products through the establishment and operation of fish markets and the efficient operation of fishing ports' harbors and other marketing facilities. Section 2. Creation of the Philippine Fish Marketing Authority. To carry out the above policy, there is hereby created the Philippine Fish Marketing Authority, hereafter referred to as the Authority, which shall be under the direct control and supervision of the Secretary of Natural Resources. Section 3. Principal Office. The Authority shall establish its principal office in the Metro Manila area and may establish such branches and agencies within the Philippines which may be necessary to carry out its objectives and functions. Section 4. Functions and Powers. The Authority shall have the following functions and powers: (a) To manage, administer, operate, improve and modernize, coordinate and otherwise govern the activities, operations and facilities in the fishing ports, markets and landings that may hereinafter be placed under, or transferred to, the Authority and such other fish markets, fishing ports/harbors and infrastructure facilities as may be established under this Decree; to investigate, prepare, adopt, implement, and execute a comprehensive plan for the overall development of fishing port and market complexes and update such plan as may be necessary from time to time; to construct or authorize the construction in the land area under its jurisdiction, of infrastructure facilities, factory buildings, warehouses, cold storage and ice plants, and other structures related to the fishing industry or necessary and useful in the conduct of its 2 business or in the attainment of the purposes and objectives of this Decree; to acquire, hold and dispose real and personal property in the exercise of its functions and powers; (b) To provide market intelligence, market information and advisory and promotional services to individuals and groups involved in the fishing industry, both in the private and public sectors; (c) To determine, regulate, control and supervise the operation of the enterprise which the Authority may authorize to be established within the fish markets and other fishery facilities; (d) To fix, assess, collect fees, tolls, charges, rentals, and the like, for the use, lease or sale of property, equipment, facilities and services in order to raise revenues for the Authority, and to adjust the same when so warranted; (e) To contract indebtedness and issue bonds, upon recommendation of the Secretary of Finance and approval by the President of the Philippines, whenever essential to the proper administration of its corporate affairs and necessary to carry out the purpose of this Decree; (f) To promulgate rules and regulations on the use of wharves, piers and anchorages by fishing boats and other floating equipment and on the movement of fishing boats therein, as well as the stevedoring and arrastre services in the fish markets; (g) To have perpetual succession under its corporate name; (h) To prescribe and amend its by-laws; to adopt and use a corporate seal; to sue and to be sued; to enter into contracts; and to exercise the general corporate powers conferred by the laws upon private and government-owned or controlled corporations; (i) To acquire, maintain, operate, purchase, dispose or lease vessels, fishings gears, refrigerated trucks, ice and cold storage plants, barges, fish plants, communication facilities, refrigerated trains, and related facilities; (j) To undertake, when public interest so requires and attain the national economic objectives, and marketing of fish and fishery/aquatic products, both for domestic consumption and for export; and (k) To exercise the right of eminent domain and to do and perform any and all things that may be necessary to carry out the purposes of this Decree. Section 5. Capitalization. The capitalization of the Authority shall consist of (1) the existing assets of the Navotas Fish landing and such other property existing or which may be transferred to the Authority by the Bureau of Fisheries and Aquatic Resources and other agencies of the Government; and (2) cash contribution by the Government in the amount needed for the development and expenditures of the Authority as approved by the Offices of the President and incorporated in the annual Appropriation Act. Section 6. Board of Directors. The corporate powers of the Authority shall be vested in and exercised by a Board of Directors, hereinafter referred to as the Board, to be composed of the following: 3 a) Secretary of Natural Resources Chairman b) Secretary of Public Works, Transportation & Communications Vice Chairman c) Secretary of Trade or representative Member d) President, Food Terminal, Inc. or representative Member e) Director of Fisheries & Aquatic Resources Member f) Two representatives of the private sector of the fishery industry to be appointed by the President of the Philippines Members In the absence of the Chairman, the Vice-Chairman shall be the Acting Chairman. Section 7. Powers and Duties of the Board. The Board shall have the following powers and duties: (a) To adopt and amend its by-laws; (b) To promulgate policies and prescribe such rules and regulations as may be necessary to implement the intent and provisions of this Decree and loan agreement with banks and such other agreements/memoranda that may hereinafter be entered into by the Board; (c) To approve the annual budget and such supplementary budgets of the Authority which may be submitted by the General Manager: (d) To assess and fix charges, tolls and fees, including rentals for lease, use or occupancy of lands, buildings structures, facilities and other property-owned and administered by the Authority; (e) Upon the recommendation of the General Manager, to organize, reorganize and determine the Authority's staffing pattern, including the officials and employees of the fish markets and other fishery facilities under its jurisdiction; to fix their salaries and emoluments and define their powers and duties; to appoint the General Manager and Assistant General Manager; (f) To approve contracts or agreements as may be necessary for the proper, efficient and stable administration and operation of the Authority and the fish markets; (g)To submit to the President of the Philippines periodic reports and such special reports as may from time to time be necessary; and (h)To exercise all the powers necessary or incidental to attain the purposes of this Decree. Section 8. Management. The management of the Authority shall be vested in the General Manager, who shall be appointed by the Board of Directors and who shall not be removed except for cause. He shall be directly responsible to the Board. He shall be assisted in the performance of his work by the Assistant General Manager of the Authority in the absence of the General Manager. 4 Section 9. Powers, Functions and Duties of the General Manager. The General Manager shall have the following powers, functions and duties; (a) To implement and enforce the policies, programs, guidelines, standard, decisions, rules and regulations prescribed by the Board: (b) To manage the day-to day affairs of the Authority, subject to the provisions of this Decree and applicable laws, rules and regulations; (c) To undertake studies and researches to determine the needs of the fish markets and other related facilities and services and to ensure their operational efficiency; (d) Subject to the approval of the Board, to determine the staffing pattern and number of personnel of the Authority, define their duties and responsibilities, and fix their salaries and emoluments; to study and update the manpower requirements and corresponding staffing pattern of the Authority; (e) To appoint, dismiss, promote, and transfer personnel below the rank of the Assistant General Manager; (f) Perform such other duties as may be necessary and proper to implement this Decree; (g)To submit to the Board periodic reports and such special reports as may from time to time be necessary; and (h)To exercise all the powers necessary or incidental to attain the purposes of this Decree. Section 10. Non-profit Character of the Authority; Exemption from Taxes. The Authority shall be non- profit. After providing for the amortizations of the loans with the Asian Development Bank and other financial institutions to finance the Navotas Fisheries Port Project, it shall use the balance of the returns from its capital investment and from the excess revenues from its operations for the development, improvement and maintenance of the fish ports and other related expenditures of the Authority, provided that such outlays and expenditures are incorporated in the Annual Budget of the National Government. The Authority shall be exempted from the payment of income tax. The foregoing exemption may however be entirely or partly lifted by the President of the Philippines, upon recommendation of the Secretary of Finance, not earlier than five years from the approval of this Decree, if the President shall find the Authority to be self-sustaining and financially capable to pay such tax after providing for debt service requirement of the Authority and its projected capital and operating expenditures. Section 11. The Navotas Fishing Port and Fish Markets; Other Fish Markets Facilities/Infrastructures. The Navotas Fish Market which is bounded on the North, by the Manila Bay, on the East, by the (proposed) Roxas Boulevard Extension, on South, by the Manila Bay, and on the West, by the breakwater, including all lands, piers, wharves, quays, landings, anchorages, basin, breakwaters, markets and other infrastructure facilities therein, is hereby transferred to and placed under the exclusive jurisdiction, control, administration, and supervision of the Authority. Other fish markets and related facilities may be established by the Board, with the approval of the President of the Philippines, to be governed and operated by the Authority under this Decree. 5 Section 12. Repealing Clause. All acts, executive orders, proclamations, administrative orders, rules and regulations, or parts thereof, which are inconsistent with the provisions of this Decree are hereby repealed. Section 13. Effectivity. This Decree shall take effect upon its promulgation. DONE in the City of Manila, this 11th day of August, in the year of Our Lord, nineteen hundred and seventy-six. 6 EXECUTIVE ORDER NO. 772 February 8, 1982 AMENDING PRESIDENTIAL DECREE NO. 977 CREATING THE PHILIPPINE FISH MARKETING AUTHORITY, DEFINING ITS FUNCTIONS AND POWERS, AND FOR OTHER PURPOSES WHEREAS, under the New Republic, national economic development shall be pursued with renewed dedication and greater determination; WHEREAS, the Ministry of Natural Resources is primarily responsible for the coordination and monitoring of the implementation of the Integrated Fisheries Development Plan, including the acceleration of the efficient production and harvesting of fishery products that would ensure a steady and sufficient supply thereof to the consuming public; WHEREAS, the development, operation and maintenance of fishing port complexes constitutes an essential component of fisheries development, to provide adequate and essential facilities for the efficient and effective handling of the production and harvest of fishery operators; WHEREAS, pursuant to Presidential Decree No. 1770, it is the primary responsibility of the National Food Authority to formulate an integrated and more effective procurement and distribution system for fish as a basic food commodity in order to ensure adequate supply of the commodity at reasonable prices; and WHEREAS, under Presidential Decree No. 1416 as amended, the President is empowered to undertake such organizational and related improvements as may be appropriate in the light of changing circumstances and new developments; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and the authority vested in me by Presidential Decree No. 1416 as amended, do hereby order and ordain: Sec. 1. Section 2 of Presidential Decree No. 977 as amended is hereby further amended to read as follows: "Sec. 2. Creation of the Philippine Fisheries Development Authority. To carry out the above policy, there is hereby created a body corporate to be known as the Philippine Fisheries Development Authority, hereinafter referred to as the Authority, which shall be attached to the Ministry of Natural Resources." Sec. 2. Section 4 of Presidential Decree No. 977 is hereby amended to read as follows: "Sec. 4. Functions and Powers. The Authority shall have the following functions and powers: a) Manage, operate, and develop the Navotas Fishing Port Complex and such other fishing port complexes that may be established by the Authority under this Decree; b) Identify and determine the sites for the establishment of fishing port complexes and prepare, adopt and implement comprehensive plans for their overall development, including the specifications for infrastructure facilities, such as piers, wharves, quays, landings, anchorages and breakwaters in coordination with the Ministry of Public Works and Highways, and civil works, such as factory buildings, warehouses, cold storage and ice plants, and other structures related to the fishing industry as may be necessary and useful in the conduct of its business; 7 c) Supervise to the extent necessary, the enterprises which the Authority may authorize to be established within the fishing port complexes under its jurisdiction; d) Acquire, maintain, operate, purchase, lease or dispose of equipment such as vessels, fishing gear, refrigerated trucks, vans and rolling stock, ice and cold storage plants, barges, communication facilities, and related facilities; e) Assess and collect reasonable fees, tolls, charges, rentals, and the like, for the use, lease or sale of property, equipment, facilities and services in order to raise revenues for the Authority and to adjust the same when so warranted; f) Formulate and implement rules and regulations on the conduct of business activities inside the fishing port complexes; g) Contract indebtedness and issue bonds, upon recommendation of the Minister of Finance and approval by the President of the Philippines, whenever essential to the proper administration of its corporate affairs; h) Acquire, hold and dispose of real and personal property in the exercise of its functions and powers; i) Have perpetual succession under its corporate name; j) Prescribe and amend its by-laws; adopt and use a corporate seal; sue and be sued; enter into contracts; and exercise the general corporate powers conferred by the laws upon private and government-owned or controlled corporations; k) Exercise the right of eminent domain; and l) Perform any and all things that may be necessary to carry out the purposes of this Decree." Sec. 3. Section 5 of Presidential Decree No. 977 is hereby amended to read as follows: "Sec. 5. Capitalization; Sinking Fund. The Authority shall have an authorized capital stock of Five Hundred Million Pesos (P500,000,000.00) which shall be fully subscribed by the Republic of the Philippines, and the following amounts shall be paid in: (a) The net assets of the Authority, including the Navotas fishing port complex, the valuation of which shall be determined jointly with the Office of Budget and Management and the Commission on Audit; (b) The amount corresponding to the balance of the programmed appropriations for the Authority for calendar year 1981; and (c) The amount corresponding to the programmed appropriations for the Authority for calendar year 1982. The Authority is authorized to establish a sinking fund necessary to meet such obligations as may be incurred by the Authority. The annual contributions to the sinking fund shall come from revenues derived from its fishing port complexes and, where such revenues are deficient, from such other corporate funds not otherwise intended for any specific purpose and as may be designated by the Board. Unless otherwise directed by the Board, the sinking fund shall be placed under the custody of any government bank which shall invest the same in such manner as may be advantageous to the Authority." 8 Sec. 4. Section 6 of Presidential Decree No. 977 as amended is hereby further amended to read as follows: "Sec. 6. Board of Directors. The corporate powers of the Authority shall be vested in and exercised by a Board of Directors, hereinafter referred to as the Board, to be composed of the following or their respective deputies: a) Minister of Natural Resources - Chairman b) Administrator of the NationalFood Authority - Vice-Chairman c) Minister of Public Works and Highways - Member d) Minister of Trade and Industry - Member e) Minister of Agriculture - Member f) Two representatives of the private sector of the fishery industry Members The two representatives of the private sector shall be appointed by the President upon recommendation of the Minister of Natural Resources for a term of four years; Provided, That, initially, one representative shall be appointed for a term of two years and the other one for four years. In the absence of the Chairman, the Vice-Chairman shall act as the Chairman." Sec. 5. Section 11 of Presidential Decree No. 977 is hereby amended to read as follows: "Sec. 11. The Navotas Fishing Port Complex; Other Fishing Port Complexes. The Navotas Fishing Port Complex which is bounded on the north by Manila Bay; on the east by Roxas Boulevard Extension; on the south by Manila Bay; and on the west by the breakwater, including all lands, piers, wharves, quays, landings, anchorages, basin, breakwaters, markets and other infrastructure facilities therein, is hereby transferred to and placed under the exclusive jurisdiction, control, administration, and supervision of the Authority. lawphi1.net Other fishing port complexes and related facilities may be established by the Board, with the approval of the President of the Philippines, to be governed and operated by the Authority. lawphi1.net In accordance with Presidential Decree No. 1770, the National Food Authority is responsible for the efficient and non-exclusive marketing of fish and fishery/aquatic products particularly for the purpose of price stabilization that would ensure the adequate supply of such products at reasonable prices to the consuming public, provided that the fish marketing operations of the National Food Authority shall take into consideration the role of private enterprise in fish marketing and distribution. For this purpose, it shall have access to the fishing port complexes presently or to be placed under the jurisdiction of the Authority including, but not necessarily limited to, the following: (1) the construction, operation and maintenance of cold storage facilities; (2) the procurement and distribution of fish and fishery/aquatic products; and (3) the operation and maintenance of transport facilities for the procurement and distribution of fish and fishery/aquatic products handled by the National Food Authority. The Authority and the National Food Authority may enter into such agreements, particularly with reference to the management of certain activities in fishing port complexes operated by the Authority." 9 Sec. 6. The Authority shall continue to meet its present contractual obligations, including those under loan agreements. Sec. 7. All laws, decrees, orders, proclamations, rules, regulations, or parts thereof, which are inconsistent with any of the provisions of this Executive Order are hereby repealed or modified accordingly. Sec. 8. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying the other provisions thereof. Provided, That such remaining portions can still stand and be given effect in their entirety to accomplish the objectives of this Executive Order. Sec. 9. This Executive Order shall take effect immediately. lawphi1.net Done in the City of Manila, this 8th day of February, in the year of Our Lord, nineteen hundred and eighty-two. 10 EXECUTIVE ORDER NO. 967 JUNE 30, 1984 RENAMING THE MINISTRY OF AGRICULTURE AS THE MINISTRY OF AGRICULTURE AND FOOD, TRANSFERRING TO IT CERTAIN AGENCIES ENGAGED IN FOOD PRODUCTION AND FOR OTHER PURPOSES WHEREAS, under the New Republic, national development shall be pursued with renewed dedication and greater determination through more efficient, effective and economical government; WHEREAS, agricultural production, particularly that subsector concerned with the supply of food, has become even more critical for both domestic food requirements and the export of agricultural commodities, in the light of recent economic developments; WHEREAS, the policies and programs concerned with food production and agricultural crops must be more closely coordinated in order to promote effective performance among the implementing agencies involved; WHEREAS, certain of these agencies should be placed directly under an integrated ministry in order that primary authority and responsibility for the major food production programs may be properly identified; and WHEREAS, under Presidential Decree No. 1416 as amended, the President is empowered to undertake such organizational and related improvements as may be appropriate in the light of changing circumstances and new developments; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and the authority vested in me by Presidential Decree No. 1416 as amended, do hereby order and ordain: Sec. 1. It shall be the policy of the State to promote the production of agricultural crops, livestock, poultry and fisheries through the efficient utilization of existing resources, reliance upon private enterprise and the encouragement of agri-business ventures, with the end in view of achieving self-sufficiency in domestic food requirements and of expanding and diversifying agricultural produce for export. It shall also be the policy to improve the real incomes of farmers and other agricultural workers through increased productivity and more efficient systems of pricing, marketing, land management, and other incentives. Sec. 2. The Ministry of Agriculture is renamed the Ministry of Agriculture and Food, herein after referred to as the Ministry. The Minister of Agriculture is likewise renamed the Minister of Agriculture and Food, hereinafter referred to as the Minister. The Ministry shall be the entity primarily responsible for the attainment of the policies and goals set forth in Section 1 above, through the formulation and implementation of appropriate programs and projects and the provision of suitable services. Sec. 3. The Bureau of Fisheries and Aquatic Resources is transferred from the Ministry of Natural Resources, converted into a staff Bureau and placed under the supervision and control of the Ministry, together with its functions and applicable appropriations, records, equipment, property, facilities and such personnel as may be necessary. The Minister is hereby authorized to integrate the regional offices and other field units of the Bureau of Fisheries and Aquatic Resources into the ministry-wide regional offices of the Ministry. The position of Assistant Regional Director for Fisheries and Aquatic Resources is authorized to be created in each of the regional offices of the Ministry. 11 The positions of Regional Director and Assistant Regional Director and of the Bureau of fisheries and Aquatic Resources are hereby abolished: Provided, however, That the incumbents thereof shall have priority for appointment to the positions of Assistant Regional Director for Fisheries and Aquatic Resources which are herein created; and Provided, further, That those who are not so appointed may be accommodated in specialized senior technical positions to be provided in the supplemental staffing pattern of the ministry-wide regional offices of the Ministry at not less than the same salary rate they are now actually receiving. Sec. 4. The Fishery Industry Development Council in the Ministry of Natural Resources is abolished, and its functions and applicable appropriations, records, equipments, property and such personnel as may be necessary are transferred to the appropriate units in the Ministry as determined by the Minister. The National Board on the SEAFDEC Aquaculture Department Programs, Budget and Operations is transferred to and placed under the administrative supervision of the Ministry. The Minister of Agriculture and Food shall be the Chairman of the Board in lieu of the Minister of Natural Resources. Sec. 5. All other functions and activities in the Ministry of Natural Resources directly related to the development and regulation of fisheries and aquatic resources shall likewise be transferred to the Ministry of Agriculture and Food, including applicable appropriations, records, equipments, property, facilities and such personnel as may be necessary. Sec. 6. The issuance of forests land grazing lease agreements by the Bureau of Forest Development and the Ministry of Natural Resources shall be subject to the prior concurrence of the Ministry of Agriculture and Food which shall be exercised as appropriate through its regional offices in accordance with guidelines duly be promulgated by the Ministry upon the recommendation of the Director of Animal Industry. lawphi1.net Sec. 7. The Philippine Fisheries Development Authority is transferred from the Ministry of Natural Resources and attached to the Ministry, which shall include such subsidiaries as it may have. The Minister of Agriculture and Food shall be the ex-officio Chairman of the governing board: Provided, that the Minister of Natural Resources shall remain a member thereof. Sec. 8. The Minister of Agriculture and Food shall be an ex-officio member of the respective governing boards of the Philippine Coconut Authority and the Philippine Sugar Commission: Provided, That the Deputy Minister of Agriculture and Food designated by the Minister shall be authorized to attend the meetings of either of the Boards whenever the Minister is unable to attend. Accordingly, there shall be a reconstitution of the governing boards of the corporations mentioned above in this Section as indicated here in below. Of the two representatives of the Government in the governing board of the Philippine Coconut Authority, one of whom shall be designated by the President as Chairman and the other as Vice-Chairman, as now provided for in the charter of the Authority one shall henceforth be the Minister of Agriculture and Food who need not automatically be the Chairman. The President shall designated the Vice-Chairman from the among the members, including the Minister of Agriculture and Food. The present position of Commissioner in the Philippine Sugar Commission shall continue to be Chairman and chief executive officer of the Commission. Of the six Associate Commissioners in the Commission, one shall henceforth be the Minister of Agriculture and Food. 12 Sec. 9. The Minister is hereby authorized to issue such orders, rules and regulations as may be necessary to implement the provisions of this Executive Order: Provided, That approval of the Office Budget and Management is obtained relative in the new staffing pattern including appropriate salary rates, the organizational structure at divisional or lower levels, and the realignment of existing appropriations. The Minister may appoint personnel of the Bureau of Fisheries and Aquatic Resources and the herein abolished Fishery Industry Development Council to appropriate positions in the Ministry and those not so appointed are deemed laid off. The Minister shall effect the implementation of this Executive Order, particularly with respect to personnel actions required to be taken, within six months from the issuance of this Executive Order. Sec. 10. All Presidential appointees of the present Bureau of Fisheries and Aquatic Resources and the former Fishery Industry Development Council are laid off, unless otherwise reappointed by the President; provided, that those who are Career Executive Service Officers shall be reappointed or reassigned by the President upon the recommendation of the Minister to appropriate positions in the Ministry or assigned to the Career Executive Service Board who shall endeavor to find appropriate placement for them in other ministries or agencies; provided, further, that those Career Executive Service Officers who have been assigned to the Career Executive Service Board shall continue to receive their salaries from any available and applicable funds; and provided, finally, that those who are not placed in appropriate positions within six months after their assignment to the Career Executive Service board shall be similarly laid off. Sec. 11. All those who are laid off under the provisions of this Executive Order shall be entitled to all benefits and gratuities provided under existing laws. Sec. 12. All present incumbents of positions in the Bureau of Fisheries and Aquatic Resources and the Fishery Industry Development Council shall continue to exercise their usual functions, duties, and responsibilities, pending the issuance of the appropriate implementing orders. Sec. 13. All laws, decrees, orders, proclamations, rules, regulations, or parts thereof which are inconsistent with any of the provisions of this Executive Order are hereby repealed or modified accordingly. lawphi1.net Sec. 14. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying the other provisions thereof; Provided, That such remaining portions can still stand and be given effect in their entirety to accomplish the objectives of this Executive Order. Sec. 15. This Executive Order shall take effect immediately. lawphi1.net Done in the City of Manila, this 30th day of June, in the Year of Our Lord, Nineteen Hundred and Eighty-Four.