WHEREAS,
the Constitution mandates that the States shall establish, maintain and
ensure adequate social services in the field of health, among others,
to guarantee the well-being of the Filipino people; chanroblesvirtualawlibrary
WHEREAS, kidney and allied diseases have become prevalent, afflicting
an increasingly greater number of people throughout the country;chanroblesvirtualawlibrary
WHEREAS, the Government recognizes the need to provide specialized
medical services for people suffering from kidney and allied diseases;chanroblesvirtualawlibrary
WHEREAS, Government initiative in medical and scientific research and
study on kidney and allied diseases, shall positively contribute to the
prevention and treatment of kidney and allied diseases, thereby
uplifting the physical and mental fitness of the people;chanroblesvirtualawlibrary
WHEREAS, there exists a concomitant need to educate and train medical
specialists and other medical and technical personnel in the field of
kidney and allied diseases;chanroblesvirtualawlibrary
WHEREAS, the promotion of the general health of the Filipino people
shall ultimately enhance socio-economic conditions in the country;chanroblesvirtualawlibrary
WHEREAS, the noble undertaking of the Government in the study,
prevention and treatment of kidney and allied diseases, can best be
achieved by creating, supporting, maintaining and operating an
integrated medical institution which shall specialize in kidney and
allied diseases.
NOW, THEREFORE, I FERDINAND E. MARCOS, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby
decree:cralaw:red
Section 1. Creation of the National Kidney Foundation
of the Philippines. — There is hereby created a body corporate and
politic to be known as the National Kidney Foundation of the
Philippines, hereinafter referred to as the Foundation, which shall
implement the intent and spirit of this Decree. The Foundation shall
have its principal office in Metro Manila, and may have such branch
offices, hospitals, clinics or subsidiaries in other areas in the
Philippines as it may deem proper and necessary. The FOUNDATION shall
be under the Office of the President of the Philippines.
Section 2. Purpose and Objectives. — The FOUNDATION
shall have the following purposes and objectives:cralaw:red
(a) To construct, establish, equip, maintain,
administer and operate such integrated medical institution or
institutions as shall specialize in the prevention, diagnosis,
treatment, care, rehabilitation and/or relief of kidney and allied
diseases, in line with the concern of the Government to provide
material and financial support in the establishment, maintenance and
operation of a kidney center primarily for the benefit of the Filipino
people, and in pursuance of the policy of the State to secure the
well-being of the people by providing them with specialized health and
medical services and by minimizing the incidence of kidney and allied
diseases in the country; chanroblesvirtualawlibrary
(b) To promote medical and scientific research
relative to the prevention and treatment of kidney and allied diseases,
and to encourage planning, invention and development of artificial
means of kidney support and transplantation;chanroblesvirtualawlibrary
(c) To conduct fact-finding investigations on kidney
diseases, and related field throughout the country or elsewhere, and to
report, publish and disseminate information on kidney and allied
diseases;chanroblesvirtualawlibrary
(d) To finance, sponsor, hold or participate in
congresses, conventions, conferences, seminars, work-shops and training
programs on kidney diseases and/or related field in the Philippines or
abroad;chanroblesvirtualawlibrary
(e) To encourage and assist in the education and
training of physicians, nurses, health officers, social workers and
medical and technical personnel in the practical and scientific
implementation of services to kidney patients; chanroblesvirtualawlibrary
(f) To assist universities, hospitals and research
institutions in their studies on kidney and allied diseases and other
related fields, to encourage and grant scholarships for advanced
training and specialization in renal and related fields, and to support
educational programs of value to general public health; and
(g) To stimulate the formation of other organizations
on the national, provincial, city and/or local levels, and to
coordinate the various efforts and activities of such organization for
the purpose of achieving a more effective approach to the common
problem relative to the purposes and objectives enumerated herein.
Section 3. Powers and Functions. — For the attainment
and/or furtherance of the above-enumerated purposes and objectives, the
FOUNDATION as a body corporate acting through its Board of Trustees,
shall have the following powers and functions in addition to those
provided for in the other sections of this Decree:cralaw:red
(a) To adopt and use a corporate seal;chanroblesvirtualawlibrary
(b) To sue and be sued in its corporate name;chanroblesvirtualawlibrary
(c) To adopt its by-laws, rules and regulations as it
may deem proper and necessary for implementation of the purposes and
objectives of this Decree; chanroblesvirtualawlibrary
(d) To succeed by its corporate name, and to acquire
and possess properties, rights and interests of whatever kind and
nature, and mortgage, pledge, alienate, encumber or otherwise dispose
of the same;chanroblesvirtualawlibrary
(e) To award, enter into, make, execute, perform and
carry out domestic or foreign contracts of whatever kind and nature,
and for this purpose the FOUNDATION is hereby exempted from the
requirements of public bidding, any provision of law rule, or
regulation to the contrary notwithstanding;chanroblesvirtualawlibrary
(f) To invest in, and purchase or otherwise acquire,
own, hold, use, lease, grant, mortgage, pledge, sell, assign, convey,
transfer, exchange or otherwise deal with, real and/or personal
properties of every kind and nature, including shares of stock, bonds,
debentures, notes, securities and other evidences of indebtedness or
obligations of other corporations, whether domestic or foreign, and
whether government or private; chanroblesvirtualawlibrary
(g) To act as general or operating managers,
representatives, or agents of commercial and/or industrial concerns of
whatever kind and nature and to engage in the promotion, assistance,
encouragement, development and expansion of any lawful business in the
Philippines or abroad;chanroblesvirtualawlibrary
(h) To obtain loans, borrow funds and/or arrange
financing or credit assistance of whatever kind and nature from all
sources, whether domestic or foreign and whether government or private,
and to mortgage, pledge or otherwise encumber any of its properties and
assets for the purpose of securing or guaranteeing the performance or
fulfillment of any obligation it may undertake for itself or for other
entities in which it may be interested; chanroblesvirtualawlibrary
(i) To levy, assess and collect such fees, charges
and assessments as may be necessary or proper to support, finance and
maintain its operations; and
(j) To exercise such other powers and functions as
may be incidental or necessary to carry out the purposes and objectives
of this Decree.
Section 4. The Board of Trustees; Composition; Term
and Compensation. — THE FOUNDATION shall be governed, and its
activities and properties shall be directed, controlled and managed, by
a Board of Trustees, hereinafter referred to as the Board, which shall
be composed of a Chairman and ten (10) members, all of whom shall be
appointed by the President of the Philippines. The President of the
FOUNDATION, who shall be appointed from among the members of the Board
in accordance with Section 7 hereof, shall be the ex-officio
Vice-Chairman of the Board.
Except the President of the FOUNDATION, the members of the Board shall
serve for a term of three (3) years, with a right to hold-over until
their respective successors shall have been duly appointed and
qualified. The President of the Philippines may, however, remove any
member of the Board for cause. Whenever a vacancy shall occur in the
Board, the person appointed to fill the vacancy shall hold office for
the unexpired term of the member replaced.
Except the President of the FOUNDATION, each member of the Board shall
receive a per diem of at least FIVE HUNDRED PESOS (P500.00) per meeting
actually attended: Provided, That no member shall receive a per diem of
more than TWO THOUSAND FIVE HUNDRED PESOS (P2,500.00) per
month. chanroblesvirtualawlibrary
Section 5. Power and Functions of the Board. — The
Board shall have the following powers and functions:cralaw:red
(a) To formulate policies, guidelines and programs to
effectively implement and carry out the purposes and objectives of this
Decree;chanroblesvirtualawlibrary
(b) To prescribe, review and revise the amount of the
fees, charges, and assessments levied and collected for the support and
maintenance of the operations of the FOUNDATION;chanroblesvirtualawlibrary
(c) To control the management, operation and
administration of the FOUNDATION; chanroblesvirtualawlibrary
(d) To promulgate such rules and regulations as may
be necessary or proper for the effective exercise of power and
functions as well as the discharge of the duties, responsibilities of
the FOUNDATION, its officers and employees;chanroblesvirtualawlibrary
(e) To authorize such expenditures of the FOUNDATION
as may be necessary or proper for the effective management, operation
and administration of the FOUNDATION;chanroblesvirtualawlibrary
(f) Upon the recommendation of the President of the
FOUNDATION, to determine and organize the FOUNDATION's organizational
and administrative structure or pattern, and to establish and fix,
review, revise and adjust the appropriate compensation scheme of the
officers and employees of the FOUNDATION, with reasonable allowances,
bonuses and other incentives as may be recommended by the President of
the FOUNDATION; chanroblesvirtualawlibrary
(g) To adopt the annual and supplemental budget of
receipts and expenditures of the FOUNDATION;chanroblesvirtualawlibrary
(h) To appoint, remove, suspend or otherwise
discipline the Executive Vice-President and other officers of the
FOUNDATION occupying executive and senior management positions;chanroblesvirtualawlibrary
(i) To exercise all the general powers necessary or
incidental to the attainment of the purposes and objectives of this
Decree; and
(j) To do any and all acts as may be necessary or
proper for the attainment of the powers and functions of the
FOUNDATION.
Section 6. Officers of the FOUNDATION. — The Board
shall determine the officers of the FOUNDATION who, except as provided
in this Decree, shall be appointed by the President of the FOUNDATION
subject to confirmation by the Board. The FOUNDATION may have an
Executive Vice-President and such Vice-Presidents and Assistant
Vice-Presidents as may be required for the effective operation of the
FOUNDATION.
Section 7. The President, His Term and Remuneration.
— The President of the FOUNDATION shall be appointed by, and shall
serve at the pleasure of, the President of the Philippines. The salary
of the President of the FOUNDATION shall be fixed by the Board, subject
to the approval of the President of the Philippines.
Section 8. Powers and Duties of the President. — The
President of the FOUNDATION shall be the Chief Executive Officer of the
FOUNDATION. He shall exercise the following powers and
duties: chanroblesvirtualawlibrary
(a) To execute the policies, guidelines and programs
approved by the Board, and to be responsible for the efficient
discharge of management and operational functions;chanroblesvirtualawlibrary
(b) To submit for the consideration and approval of
the Board proposed measures, policies, guidelines and programs as he
may deem necessary or proper for the effective implementation of the
purposes and objectives of this Decree;chanroblesvirtualawlibrary
(c) To direct and supervise the management, operation
and administration of the FOUNDATION, and, for this purpose, he may
delegate any or some of his administrative responsibilities and duties
to the other officers of the FOUNDATION; chanroblesvirtualawlibrary
(d) To execute, on behalf of the FOUNDATION, all
contracts and agreements which the FOUNDATION may enter into, and to
execute, accomplish and deliver any and all documents relative to such
contracts and agreements;chanroblesvirtualawlibrary
(e) To represent the FOUNDATION in all dealing with
other offices, agencies and instrumentalities of the Government, and
all other persons or entities, whether domestic or foreign and whether
government or private;chanroblesvirtualawlibrary
(f) To appoint, promote, transfer, remove, suspend or
otherwise discipline the officers and employees of the FOUNDATION,
except those appointed by the Board; chanroblesvirtualawlibrary
(g) To vote all stocks owned or controlled by the
FOUNDATION; and
(h) To exercise such other powers and perform such
duties as may be vested or reposed upon him by the Board.
Section 9. Authority of the President in Emergencies.
— In case of emergencies which require immediate action by the Board,
and there is no sufficient time to call a meeting thereof, the
President of the FOUNDATION, with the concurrence of any three (3)
other members of the Board, may decide on any matter or take any action
within the authority of the Board itself.
Section 10. Assistance from the Government. — The
FOUNDATION may call upon any Ministry, Bureau, Office, Agency or
instrumentality of the Government, including government-owned or
controlled corporations, for such assistance as it may need in the
pursuit of the purposes and objectives of this Decree. chanroblesvirtualawlibrary
Section 11. Government Contribution. — The amount of
Ten Million Pesos (P10,000,000.00) is hereby appropriated from the
Casino Trust Fund which I hereby ordered released to defray the initial
operational expenses of the FOUNDATION. Thereafter, the necessary
amount to support the continued operation and maintenance of the
FOUNDATION shall be included in the General Appropriations Act.
Section 12. Donations to the Foundation. — The
FOUNDATION is hereby authorized to solicit and receive donations,
grants, contributions, gifts or endowments from all sources whether
foreign or domestic, and whether government or private, without the
need of securing a permit, approval or registration from any government
agency. Notwithstanding any provision of law to the contrary, all
donations, grants contributions, gifts or endowments received by the
FOUNDATION pursuant hereto, shall be exempt from income, gift and all
other kinds of taxes, and shall further be deductible in full for
purposes of computing the maximum amount deductible for tax purposes
under the National Internal Revenue Code, as amended. chanroblesvirtualawlibrary
Section 13. Exemption from Fees, Duties and Taxes. —
The FOUNDATION is hereby declared exempt from all income and all other
internal revenue taxes, tariff and customs duties and all other kinds
of taxes, fees, charges and assessments levied by the Government and
its political subdivisions, agencies and instrumentalities.
The President of the Philippines, upon the recommendation of the
Minister of Finance, may partially or entirely lift the exemptions
herein granted, if he shall find that the FOUNDATION is already
self-sustaining and financially capable of paying such taxes, customs
duties, fees, charges and other assessments, after providing for the
debt service requirements and the projected capital and operating
expenditures of the FOUNDATION. chanroblesvirtualawlibrary
Section 14. Appointment, Promotion; Terms and
Conditions of Employment. — The FOUNDATION and its officers and
employees shall not be covered by the Civil Service Law, rules and
regulations, and by the Office of the Compensation and Position
Classification. The officers and employees of the FOUNDATION shall be
appointed or promoted pursuant to such management policies and/or
appropriate merit and fitness system as may be adopted by the Board.
Section 15. Corporate Auditor. — The FOUNDATION shall
not be under the audit jurisdiction of the Commission on Audit. The
FOUNDATION shall have its own Auditor who shall not be subject to the
supervision and control of the Commission on Audit, and who shall be
appointed by the Board.
Section 16. Legal Counsel. — The Office of the
Government Corporate Counsel shall be the Legal Counsel of the
FOUNDATION. For the services of the staff of the Office of the
Government Corporate Counsel, the FOUNDATION shall appropriate and pay
such amount as may be assessed by the Government Corporate Counsel to
defray the transportation and representation expenses of the Lawyers in
the Office of the Government Corporate Counsel who may be assigned to
handle the legal matters of the FOUNDATION. chanroblesvirtualawlibrary
Section 17. Annual report. — The FOUNDATION shall
render to the President of the Philippines an annual report on its
operations and accomplishments.
Section 18. Applicability of the Corporation Law. —
The provisions of the general corporation law, insofar as they are not
inconsistent with the provisions of this Decree of with the purposes
and objectives for which the FOUNDATION is formed, shall apply to the
FOUNDATION.
Section 19. Effect of Dissolution. — If for any
reason, the FOUNDATION is dissolved, its properties and assets shall
revert to the National Government for disposition in accordance with
law.
Section 20. Separability Clause. — The provisions of
this Decree are hereby declared to be separable, and if any provision
or section of this Decree or application thereof to any person or
circumstance should for any reason be held invalid or unconstitutional,
such invalidity or unconstitutionality shall not affect the other
provisions or sections of this Decree. chanroblesvirtualawlibrary
Section 21. Effectivity. — This Decree shall take
effect immediately.
Done in the City of Manila,
this 16th day of January, in the year of Our Lord nineteen hundred and
eighty-one.
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