EXECUTIVE ORDER NO. 1061 November 5, 1985
ESTABLISHING THE PHILIPPINE RICE RESEARCH INSTITUTE (PRPI)
WHEREAS, rice is the most important crop in the country, being the staple food of eighty (80%) percent of the population, and rice farming is a major source of employment in the rural sector;
WHEREAS, substantial progress in improving irrigated-lowland rice production through the use of high-yielding cultivars, fertilizers, pesticides and judicious water management, has been achieved in the country;
WHEREAS, however, rice productivity in certain areas, such as upland, saline, drought and flood-prone, rain fed and cool areas, has remained low;
WHEREAS, the continuous emergence of new problems of biological and socio-economic nature, is inevitable in a dynamic agricultural system;
WHEREAS, the problems in rice productivity are further aggravated by the rising costs of farm inputs and by the continuous reduction of per capita cultivated land;
WHEREAS, there is a need to unify the efforts of various agencies and institutions working on rice research and development to generate an in-depth approach to the present and future problems specific to the Philippines;
WHEREAS, the improvement of rice productivity requires the services of highly competent and multi-disciplined teams of agricultural and social scientists, amply supported with facilities, funds, support staff and working conditions conducive to the implementation of rice research and development programs in the different agro-ecological regions of the Philippines;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and by law, particularly Presidential Decree No. 1416, as amended, do hereby order:
Sec. 1. Establishment. There is hereby established a body corporate to be known as the Philippine Rice Research Institute, hereainafter referred to as the Institute, under the Ministry of Agriculture and Food. The Institute shall have its principal office at Los Baños, Laguna, but may establish other branches, offices, or subsidiaries elsewhere in the Philippines as may be necessary or proper for the accomplishment of its purposes and objectives.
Sec. 2. Purposes and Objectives. The Institute shall develop, in coordination with the University of the Philippines at Los Baños (UPLB), a national rice research program so as to sustain and further improve the gains already made in rice production, improve the income and economic condition of small rice farmers, expand employment opportunities in the rural areas, and ultimately promote the general welfare of the people through self-sufficiency in rice production.
Sec. 3. Powers and Functions. In furtherance of its purposes and objectives, the Institute shall have the following powers and functions:
(a) To adopt and use a corporate seal;
(b) To sue and be sued in its corporate name;
(c) To succeed by its corporate name;
(d) To adopt its by-laws and promulgate such rules and regulations as may be necessary or proper to implement this Executive Order, and to amend or repeal the same from time to time;
(e) To enter into, make and execute contracts and agreements of any kind or nature;
(f) To borrow money and obtain loans from all sources, whether local or foreign and whether government or private, to help finance its research programs and its capital and operating expenditures;
(g) To invest in, purchase or otherwise acquire, own, hold, use, lease, mortgage, pledge, encumber, sell, assign, convey, exchange, or otherwise deal in real and/or personal properties of whatever kind and nature, or any interest therein, including shares of stock, bonds, notes, securities and other evidences of indebtedness of natural or juridical persons, whether domestic or foreign and whether government or private;
(h) To serve as the coordinating center of a national network of rice research stations located in the different agro-ecological regions of the country;
(i) To plan and carry out research and development activities, specifically in the areas of varietal improvement, planting and fertilizer management, integrated pest management, farm mechanization and post-harvest engineering, farming systems, training and technology transfer, and social science and policy research;
(j) To verify, package and transfer economically viable technologies, giving emphasis on the social engineering aspects necessary for group endeavor;
(k) To provide the data base or policy formulation that will stimulate and sustain rice production, marketing and consumption;
(l) To organize and develop strong training programs for rice scientists, research managers and extension workers;
(m) To publish and disseminate research findings and recommendations;
(n) To acquire or obtain from any governmental authority, whether national or local, foreign or domestic, or from any person, corporation, partnership, association or other entity, such charters, franchises, licenses, rights, privileges, assistance, financial or otherwise, and concessions as are conducive to and necessary or proper for the attainment of its purposes and objectives;
(o) To receive and acquire from any person and/or government and private entities, whether foreign or domestic, grants, donations and contributions consisting of such properties, real or personal, including funds and valuable effects or things, as may be useful, necessary or proper to carry out its purposes and objectives and administer the same in accordance with the terms of such grants, donations and contributions, consistent with its purposes and objectives;
(p) To exercise all the powers of a corporation under the general corporation law, insofar as such powers are not inconsistent with the provisions of this Executive Order; and
(q) To exercise such other powers and functions and perform such other acts as may be necessary, proper or incidental to the attainment of its purpose and objectives.
Sec. 4. Board of Trustees. The corporate powers of the Institute shall be exercised, and all its business, activities and properties shall be controlled, by a Board of Trustees, hereinafter referred to as the Board, composed of the Minister of Agriculture and Food as ex officio Chairman and eight (8) other members to be appointed by the President of the Philippines upon recommendation of the Minister of Agriculture and Food. The appointive members of the Board shall serve at the pleasure of the President of the Philippines.
The Board shall meet regularly at least twice a month or as often as the exigencies of the service demand. The presence of at least five (5) members shall constitute a quorum, and the majority vote of the members present, there being a quorum, shall be necessary for the adoption of any resolution, rule, regulation, decision or any other act of the Board.
The members of the Board, including the Chairman, shall receive per diem, as the Board may determine, for each Board meeting actually attended; Provided, That such per diem shall not exceed Two Thousand Pesos (P2,000.00) during any one month for each member. The said members shall also be entitled to reimbursable transportation and representation allowances in going to and coming from board meetings and transacting official business for the Institute.
Sec. 5. Powers and Functions of the Board. The Board shall exercise the following powers and functions:
(a) To define and approve the programs, plans, policies, procedures and guidelines for the Institute in accordance with its purposes and objectives, and to control the management, operation and administration of the Institute;
(b) To approve the Institute's organizational structure, staffing pattern, operating and capital expenditure, and financial budgets, prepared in accordance with the corporate plan of the Institute;
(c) To approve salary ranges, benefits, privileges, bonuses, and other terms and conditions of service for all officers and employees of the Institute, upon recommendation of the Director;
(d) To appoint, transfer, promote, suspend, remove or otherwise discipline any subordinate officer or employee of the Institute, upon recommendation of the Director;
(e) To create such committee or committees and appoint the members thereof, as may be necessary or proper for the management of the Institute or for the attainment of its purposes and objectives;
(f) To determine the research priorities of the Institute consistent with the framework of its purposes and objectives and in coordination with the research planning and monitoring mechanics of the Philippine Council for Agriculture and Resources Research and Development pursuant to the provisions of Presidential Decree No. 48; and
(g) To exercise such other powers and functions and perform such other acts as may be necessary or proper for the attainment of the purposes and objectives of the Institute, or as may be delegated by the Minister of Agriculture and Food.
Sec. 6. Director and Other Officers. The Institute shall be headed by a Director who shall be appointed by the President of the Philippines upon recommendation of the Minister of Agriculture and Food. He shall serve at the pleasure of the President of the Philippines.
The Director shall be assisted by such Deputy Directors and Program Leaders as the Board may determine to carry out the purposes and objectives of the Institute.
Sec. 7. Powers, Functions and Duties of the Director. The Director shall be directly responsible to the Board, and shall have the following powers, functions and duties:
(a) To exercise over-all supervision and direction over the implementation of all research and development programs of the Institute, and in general to supervise and direct the management, operation and administration of the Institute;
(b) Within the limits of the authority delegated to him by the Board, to execute contracts, incur obligations, acquire and dispose of assets and deliver documents on behalf of the Institute;
(c) To implement and enforce policies, decisions, orders, rules and regulations adopted by the Board; and
(d) To exercise such other powers and functions and perform such other duties as may be authorized or assigned by the Board.
Sec. 8. Advisory Council. The Director and such Deputy Directors and Program Leaders as may be appointed by the Board shall be assisted by an Advisory Council in pursuing inter-agency activities. The Advisory Council shall be composed of the following:
(a) Director, Office of the Director Research, University of the Philippines at Los Baños - Chairman
(b) Executive Director, National Foods and Agriculture Council - Member
(c) Director, Agricultural Research Office, Ministry of Agriculture and Food - Member
(d) Director, Bureau of Plant Industry - Member
(e) Director, Bureau of Soils - Member
(f) Director, Bureau of Agricultural Extension - Member
(g) Director, Crops Research Division, PCARRD - Member
(h) Representative, ACAP - Member
(i) Representative, National Irrigation Administration - Member
(j) Representative, International Rice Research Institute - Member
Sec. 9. Services of Government Personnel. The Institute may, for the purpose of its research and development activities, obtain and secure the services of scholars, scientists and technical personnel of any unit of the University of the Philippines System and other agencies of the Philippine Government. Such personnel may be paid such honoraria as may be fixed and authorized by the Board.
Sec. 10. Buildings, Facilities and Equipment. The Institute is hereby authorized to own, hold, plan and construct buildings and other facilities as may be necessary or proper to attain its purposes and objectives; Provided, however, That it may also utilize facilities of any unit of the University of the Philippines System and of any other agency of the Philippine Government engaged, directly or indirectly, in activities that relate to agriculture and/or production or development of rice.
The Institute is further authorized to purchase equipment, materials and articles, either locally or abroad, as may be necessary or proper to carry out its powers and functions and attain its purposes and objectives, and shall be exempt from the payment of any and all forms of taxes, duties, fees and charges imposed by any governmental authority, whether national or local, on any and all such importation of equipment, materials, articles and services; Provided, however, That the same are not available locally on favorable terms.
Sec. 11. Appropriation. The Minister of Agriculture and Food and the Minister of the Budget are hereby authorized and directed to set aside out of the existing funds of the Ministry of Agriculture and Food, the amount of Fifteen Million Pesos (P15,000,000.00) as the initial funds of the Institute for CY 1985 to be used for its start-up and operating expenses. This initial amount shall be drawn from the RP-Japan Fertilizer Grant and/or any other existing source of bilateral funding in the Ministry of Agriculture and Food. Thereafter, the government contribution to the Institute shall be provided for in the annual General Appropriations Act. The appropriations herein provided shall be subject to the fiscal control and management procedures provided for in Executive Order No. 714 dated August 1, 1981.
All funds, savings and income of the Institute shall constitute a revolving fund which shall be considered part of the funds automatically released to the latter, subject to the fiscal control and management procedures provided for in Executive Order No. 714 dated August 1, 1981. Such funds, savings and income shall be used to achieve the purposes and objectives for which the Institute is established.
Sec. 12. Applicability of Civil Service Laws. The Institute and its officers and employees shall be subject to the Civil Service Law, rules and regulations; Provided, That technical personnel shall be selected on the basis of merit and fitness to be determined in accordance with such policies and guidelines as may be approved by the Board.
Sec. 13. Auditor. The Chairman of the Commission on Audit shall be the ex officio Auditor of the Institute. For this purposes, he may appoint a representative who shall be the auditor of the Institute, together with the necessary personnel to assist said representative in the performance of his duties. The number and salaries of the auditor and said personnel shall be determined by the Chairman of the Commission on Audit, subject to the rules and regulations of the Commission on Audit. Said salaries and all other expenses of maintaining the auditor's office shall be paid by the Institute.
The Auditor shall, as soon as practicable, but not later than three (3) months after the accounts have been submitted to audit, send an annual report to the Board. The Auditor shall also submit such periodic or special reports as the Board may deem necessary or proper.
Sec. 14. Legal Counsel. The government Corporate Counsel shall be the Legal Counsel of the Institute: Provided, That the Institute may establish its own legal department subject to the supervision and control of the Government Corporate Counsel to handle the day-to-day legal matters affecting the affairs of the Institute. For the performance of his duties and the services of Legal Staff of the Office of the Government Corporate Counsel, the Board shall appropriate, and the Director shall remit, such amount as shall be determined by the Government Corporate Counsel.
Sec. 15. Annual Report. The board shall submit to the President of the Philippines through the Minister of Agriculture and Food, together with the audit report on the relevant accounts, an annual report generally dealing with the activities and operations of the Institute.
Sec. 16. Separability Clause. The provisions of this Executive Order are hereby declared separable. If any portion hereof shall be held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions which shall remain in full force and effect; Provided, That the latter provisions can stand alone and be enforced in their entirety.
Sec. 17. Effectivity. This Executive Order shall take effect immediately.
DONE in the City of Manila, Philippines, this 5th day of November in the Year of Our Lord, Nineteen Hundred and Eighty-Five.
The Lawphil Project - Arellano Law Foundation
