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PRESIDENTIAL DECREE NO. 977
PRESIDENTIAL DECREE NO. 977 -
CREATING THE PHILIPPINE FISH MARKETING AUTHORITY, DEFINING ITS
FUNCTIONS AND POWERS, AND FOR OTHER PURPOSES
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WHEREAS, it
is recognized that fish is a staple food and major source of protein of
the Filipino people;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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:cralaw:red
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. chanroblesvirtualawlibrary
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:cralaw:red
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 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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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; chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
g) To have perpetual succession under its corporate
name;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
i) To acquire, maintain, operate, purchase, dispose
or lease vessels, fishing gears, refrigerated trucks, ice and cold
storage plants, barges, fish plants, communication facilities,
refrigerated trains, and related facilities;chanroblesvirtualawlibrary
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. chanroblesvirtualawlibrary
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:cralaw:red
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:cralaw:red
a) To adopt and amend its by-laws;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
c) To approve the annual budget and such
supplementary budgets of the Authority which may be submitted by the
General Manager;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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. chanroblesvirtualawlibrary
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.
Section 9. Powers, Functions and Duties of the
General Manager. — The General Manager shall have the following powers,
functions and duties:cralaw:red
a) To implement and enforce the policies, programs,
guidelines, standard, decisions, rules and regulations prescribed by
the Board;chanroblesvirtualawlibrary
b) To manage the day-to day affairs of the Authority,
subject to the provisions of this Decree and applicable laws, rules and
regulations;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
e) To appoint, dismiss, promote, and transfer
personnel below the rank of the Assistant General Manager; chanroblesvirtualawlibrary
f) Perform such other duties as may be necessary and
proper to implement this Decree;chanroblesvirtualawlibrary
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.
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.
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