WHEREAS,
for decades, respiratory diseases have been a priority concern, having
been the leading cause of illness and death in the Philippines,
comprising more than 45% of the total annual deaths from all causes,
thus exacting a tremendous toll on human resources, whichlments are
like to increase and degenerate into serious lung diseases on account
of unabated pollution, industrialization and unchecked cigarette
smoking in the country; chanroblesvirtualawlibrary
WHEREAS, the more common lung diseases are, to a great extent,
preventable, and curable with early and adequate medical care,
immunization and through prompt and intensive prevention and health
education programs;chanroblesvirtualawlibrary
WHEREAS, there is an urgent need to consolidate and reinforce existing
programs, strategies and efforts at preventing, treating and
rehabilitating people affected by lung diseases, and to undertake
research and training on the cure and prevention of lung diseases,
through a Lung Center which will house and nurture the above and
related activities and provide tertiary-level care for more difficult
and problematical cases;chanroblesvirtualawlibrary
WHEREAS, to achieve this purpose the Government intends to provide
material and financial support towards the establishment and
maintenance of a Lung Center for the welfare and benefit of the
Filipino people. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President and Prime Minister of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree:cralaw:red
Section 1. Creation of the Lung Center of the
Philippines. — There is hereby created a trust, under the name and
style of Lung Center of the Philippines, which, subject to the
provisions of this Decree, shall be administered, according to the
Articles of Incorporation, By Laws and Objectives of the Lung Center of
the Philippines, Inc., duly registered (reg. No. 85886) with the
Securities and Exchange Commission of the Republic of the Philippines,
by the Office of the President, in coordination with the Ministry of
Human Settlements and the Ministry of Health.
Section 2. Tax Exemptions and Privileges. — Being a
non-profit, non-stock corporation organized primarily to help combat
the high incidence of lung and pulmonary diseases in the Philippines,
all donations, contributions, endowments and equipment and supplies to
be imported by authorized entities or persons and by the Board of
Trustees of the Lung Center of the Philippines, Inc., for the actual
use and benefit of the Lung Center, shall be exempt from income and
gift taxes, the same further deductible in full for the purpose of
determining the maximum deductible amount under Section 30, paragraph
(h), of the National Internal Revenue Code, as amended.
The Lung Center of the Philippines shall be exempt from the payment of
taxes, charges and fees imposed by the Government or any political
subdivision or instrumentality thereof with respect to equipment
purchases made, or for, the Lung Center.
Section 3. Assistance from Government Officers. — The
Lung Center of the Philippines, Inc., may call upon any Ministry,
Bureaus, Office, agency or instrumentality of the government, including
government-owned or controlled corporations, particularly the
Philippine Charity Sweepstakes Office, for such assistance it may need
in the pursuit of its purposes and objectives.
Section 4. Government Subsidy and Contributions. —
The amount of Twenty-Five Million Pesos (P25,000,000) is hereby
appropriated as contribution of the National Government for the initial
operations and maintenance of the Lung Center of the Philippines in the
year 1981. Thereafter, the amount necessary to ensure the continued
operations and maintenance of the Lung Center of the Philippines shall
be duly provided for, appropriated and released from the National
Budget, subject to the approval of the President and Prime Minister of
the Republic of the Philippines. The funds therefrom shall be
administered by the Board of the Lung Center of the Philippines, Inc.,
in behalf of the Lung Center. chanroblesvirtualawlibrary
Section 5. Auditing. — The books of accounts of the
Lung Center of the Philippines shall be under the charge and
safekeeping of the Treasurer of the Lung Center of the Philippines,
Inc., and of its CHAIRMAN but such books of account shall be subject to
periodic by the Chairman of the Commission on Audit, or by his duly
authorized representative.
Section 6. Annual Report. — The Lung Center of the
Philippines shall render to the President of the Philippines, the
Minister of Human Settlements and the Minister of Health as annual
report of its activities, accomplished and recommendations.
Section 7. Effect of Dissolution of the Center. — If
for any reason, the Lung Center of the Philippines is dissolved, its
assets and properties remaining at the time of dissolution, shall
revert to the Philippine Government for disposition in accordance with
law.
Section 8. Effectivity. — This Decree shall take
effect immediately.
Done in Metro Manila, this 16th
day of January, in the year of Our Lord, nineteen hundred and
eighty-one.
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