[ REPUBLIC ACT NO. 5526, June 21, 1969 ]
AN ACT ESTABLISHING THE FOREST PRODUCTS RESEARCH AND INDUSTRIES DEVELOPMENT COMMISSION.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title.—This Act shall be known as the "Forest Products Research and Industries Development Act of 1969."
Section 2. Integration with NSDB; reconstitution of office; supervision and transfer of property.—In order to effectively accelerate, expand and promote the full development, operations, industrial integration and productivity of forest products industries of the Philippines, the Forest Products Research Institute is hereby modified and integrated with the National Science Development Board, hereinafter referred to as "nsdb," and reconstituted as the Forest Products Research and Industries Development Commission, hereinafter referred to as "FORPRIDECOM," which shall take over the powers, duties and functions of the Forest Products Research Institute as created by Reorganization Plan Numbered Seventy-seven under Republic Act Numbered Nine hundred and ninety-seven, as amended by Republic Act Numbered One thousand two hundred and forty-one and implemented by Executive Order Numbered Two hundred and fifty-seven, dated July five, nineteen hundred fifty-seven. The "FORPRIDECOM" shall be under the supervision of the "nsdb." All personnel of the Forest Products Research Institute, including all its appropriations, equipment, facilities and properties are hereby transferred to the "FORPRIDECOM."
Section 3. Creation of FORPEIDECOM Council—There is hereby created and established a Forest Products Research and Industries Development Council, hereinafter referred to as the "Council," to serve as the policy-making body of the "FORPRIDECOM" The powers of the "FORPRIDECOM" shall be vested in the Council subject to the approval by the "nsdb."
Section 4. Composition of FORPRIDECOM Council—The Council shall be composed of five members: the Director of Forestry who shall serve as Chairman of the Council; the Dean of the College of Forestry, .University of the Philippines; and three others to be appointed by the Chairman of the "nsdb." Of the three appointive members, one shall come from the lumber industry, one from other forest industries, and one from the general public. In the absence or in the event of the incapacity of the Chairman, the members of the Council present at any meeting of this Council shall elect from among themselves an acting chairman who shall preside during the meeting. The Council shall have a secretary who shall be appointed by the Commissioner subject to the approval of the Council.
Section 5. Term of Membership.—The term of the appointive members shall be three years except that the members initially appointed shall serve for the period specified in their appointments, one for a term of one year, one for a term of two years, and one for a term of three years: Provided, That any person chosen to fill any vacancy shall serve only for the unexpired term of the member whom he succeeds.
Section 6. Compensation.—For actual attendance at a Council meeting, the Chairman and members shall receive a per diem of fifty pesos each.
Section 7. Prohibition.—Whenever any member has a direct personal or financial interest in any matter under discussion, or any of his relatives within the third degree of consanguinity or affinity has such interest, such member shall abstain from the discussion of the matter and shall retire from the meeting during deliberation. The withdrawal of such member shall be noted in the minutes of the meeting.
Section 8. Quorum, Meetings, Principal Office and Seal.— The Council shall be convened in a regular meeting at least once a month, but shall not hold more than two special meetings a month. The presence of three members shall constitute a quorum. The principal office of the Council shall be at College, Laguna, where its meetings shall be held but, whenever public convenience and interest may be served and unnecessary expenses prevented, the Council may hold meetings at any other designated place in the Philippines. The Council shall provide the "FORPRIDECOM" with an official seal which shall be preserved in the custody of the Commissioner.
Section 9. General Powers and Duties of the Council.—The Council shall have the following powers and duties:
(1) To perform such acts, conduct investigations, prescribe and amend orders, make and amend general or special rules, regulations and procedures, pursuant to and consistent with the provisions of this Act, as it may deem necessary to carry out the pertinent policies, provisions and intent under this Act.
(2) To appoint, suspend or relieve for cause the Commissioner, subject to the approval of the "nsbd" Chairman.
(3) Upon recommendation of the Commissioner, to approve punishment, suspension or relief, for cause, of the Internal Auditor, subject to the concurrence of the "NSDB" Chairman.
(4) Upon recommendation of the Commissioner, to approve appointment, punishment, suspension or relief, for cause, of the Deputy Commissioner and Associate Commissioners, subject to the concurrence of the "nsdb" Chairman.
(5) To recommend the "nsdb" final approval of the regular and such supplemental budgets which may be submitted to it by the Commissioner: Provided, That any request for congressional appropriation shall be submitted to and in the form prescribed by the Budget Commission.
(6) To prepare its annual report, which shall contain, in addition to the work performed under this Act, such information and data collected by it as may be considered of value in the development of industries for the wise and profitable utilization of forest products, together with recommendations as it may deem necessary. It may also transmit recommendations to the proper authorities on legislative measure which may be considered necessary.
(7) Upon recommendation of the Commissioner, to authorize the giving: of awards, honoraria and additional compensation for deserving researchers, inventors and other employees of the "forpridecom" as may be most conducive towards the attainment of maximum efficiency, exceptional recognition and meritorious accomplishment subject to the approval of the "'nsdb'' Chairman.
(8) To review and approve implementing details of staffing pattern, compensation, functions and duties of the organization of "forpridecom" as submitted by the Commissioner, subject to the approval of the "NSDB" Chairman.
(9) To engage the services of highly competent technical men to advise the council on special matters deemed necessary to be deliberated upon in any of its meetings.
(10) To promote and, in its discretion, assist in the establishment of private foundations for scientific advancement as well as specific research and development projects on forest products by private individuals, firms and foundations. All funds contributed to the support and maintenance of such foundations and their projects as well as specific research and development projects undertaken by private individuals and educational institutions, shall be tax-exempt and deductible from the donor's income tax returns, upon certification by the Council and approval of the NSDB Chairman that such foundations and funds are dedicated to scientific pursuits. All income of whatever kind and character which such foundations may derive from any of their properties, real or personal, or from their investments shall also be tax-exempt.
Section 10. Technical Advisory Panel.—Retired directors of the Forest Products Research Institute, retired commissioners of the "FORPRIDECOM," and highly competent specialists duly commissioned by the Council, constitute the technical advisory panel of the "FORPRIDECOM." They may attend the meetings of the Council, participate in its deliberation but without the right to vote. For actual attendance at a Council meeting, they shall receive a per diem of fifty pesos each.
Section 11. Organization.— (1) The "FORPRIDECOM" shall be headed by a Commissioner, hereinafter referred to as the "Commissioner," who shall be appointed by the Council, subject to the approval of the "nsdb" Chairman. He shall be responsible for the exercise of all the powers and the discharge of all duties of the "FORPRIDECOM," and shall have authority and control over all personnel and activities thereof.
(2) Deputy Commissioner.—There shall be a Deputy Commissioner, who shall be appointed by the Commissioner, subject to the approval of the Council and the "nsdb" Chairman. He shall perform such duties and exercise such powers as the Commissioner shall delegate to him, and exercise such powers as may be delegated to him by the Commissioner during the latter's absence or temporary disability.
(3) Associate Commissioners.—There shall be two Associate Commissioners; one for forest products research and the other for forest products industries development. They shall be appointed by the Commissioner with the approval of the Council and the "NSDB" Chairman.
(4) Directors of Services.—There shall be a Director and an Assistant Director for each of the research and industries-development or scientific services, administrative-management service, and publications and information service. They shall be appointed by the Commissioner, subject to the approval of the Council and "nsdb" Chairman.
(5) Qualifications.— (a) The Commissioner, Deputy Commissioner, Associate Commissioners, Directors and Assistant Directors of scientific services shall be citizens of the Philippines, and they shall be appointed with due regard for fitness and efficient discharge of the powers and duties imposed by this Act for their respective organizations. At the time of their nominations, they shall be forest products research career men who have distinguished themselves in science and technology.
(b) Directors and Assistant Directors of Administrative Management Service and Publications and Information Service shall be citizens of the Philippines, and they shall be appointed with due regard for their fitness and efficient discharge of the powers and duties imposed by this Act for their respective organizations. At the time of their nomination, they shall be career men in their respective fields.
(6) Staffing Pattern.—The "forpridecom" shall be organized into Office of the Commissioner, Institutes, services, departments, divisions, and sections.
(a) The Office of the Commissioner shall consist of the staffs of the Commissioner, Deputy Commissioner, Accounting Department, Internal Audit Department, Patents and Legal Affairs, and Technical Consultants Staff. The Technical Consultants Staff shall be composed of deserving scientists who are highly specialized in their particular fields, with outstanding accomplishments in scientific or technological research and inventions. Each technical consultant or subject matter specialist shall receive compensation equal to that of Associate Commissioner.
(b) There shall be two institutes: (1) Forest Products Research and (2) Forest Products Industries Development.
Section 12. Purposes and Powers of the FORPRIDECOM.— The "forpridecom" shall have the following purposes and powers:
(1) To conduct research on the properties, uses, processings and protection of wood and wood products and develop such practices and processes as will increase the utility, value, quality, and serviceability of wood and other products of the forest;
(2) To furnish technical information and service to manufacturers, exporters, users of wood and other forest products and to the public;
(3) To establish, expand, maintain, and operate research centers, test laboratories, offices, and pilot plants in any suitable part or parts of the Philippines;
(4) To improve, service, and/or assist existing and new forest products using: industries in their technological development that will increase their usefulness, efficiency, and productivity;
(5) To cooperate with other agencies, both national and international, in the promulgation of grading rules, specifications, and quality control of manufactured and treated wood and forest products;
(6) To train technicians for industries using forest products;
(7) To cooperate with other agencies, both national and international and both private and public, in conducting special research relating to forest products and in promoting dissemination of their results;
(8) To provide for the publications of information pertaining to the results of research on forest products for the benefit of wood-producing and wood-using industries and the general public;
(9) To receive assignment of patents, grant exclusive or non-exclusive rights for their use, charge and collect fees for their use, and discharge the income therefrom in accordance with the established policies of the "FORPRIDECOM;"
(10) To accept grants or donations and provide for reasonable charges for examinations, tests, cooperative investigations, consulting services, verifications, certifications, identifications, and other work performed;
(11) To transact any business directly or indirectly necessary, incidental, or conducive to the attainment of the purposes of the "FORPRIDECOM;" and
(12) To ameliorate and implement salary adjustments and emoluments of "FORPRIDECOM" personnel whenever necessary and resultant of this Act.
Section 13. Duties of Commissioner.—The chief executive officer of the "FORPRIDECOM" shall be the Commissioner who shall have the following powers and duties:
(1) To prepare and submit the implementing details of this Act, as regards to the staffing pattern, compensations, functions, and duties of the organization of "FORPRIDECOM," to the Council, for review and approval;
(2) To direct and manage the affairs and business of the "FORPRIDECOM" in pursuance of the policies of the Council and "nsdb;"
(3) To sit with the Council at its meetings and participate in its deliberations, but without the right to vote;
(4) To submit, within sixty days after the close of each fiscal year, an annual report to the Council and "nsdb;"
(5) With the approval of the Council and "NSDB" Chairman, to appoint, suspend, remove, otherwise discipline, for cause, the officers of the "FORPRIDECOM as follows: Deputy Commissioner, Associate Commissioners, Directors and Assistant Directors of Services;
(6) Upon recommendation of the Deputy Commissioner, to appoint, punish, suspend or relieve, for cause, all nontechnical employees;
(7) Upon recommendation of the Associate Commissioners, to appoint, punish, suspend or relieve, for cause, all technical employees below the rank of Assistant Director;
(8) To reorganize, subject to limitations in this Act, the internal organization of the "FORPRIDECOM," when advisable, for purposes of efficiency and economy: Provided, That any major reorganization be subjected to the approval of the Council;
(9) To delegate his authority in whole or in part to the officers of the "FORPRIDECOM;"
(10) To receive and appropriate to the ends specified by law such sums as may be provided by law for the support of the "FORPRIDECOM;"
(11) To enter into, make, and execute with any person, firm or entity, public or private, contracts of any kind, including the purchase of machinery, materials, equipment, and supplies, or the furnishing of services which may be necessary or incidental to the attainment of its purposes;
(12) To authorize travel grants and scholarship for scientific or technological purposes; and delegates and observers to scientific and technological conferences and conventions in the Philippines and in other countries;
(13) To perform such duties of ex-officio member of the "nsdb" without extra compensation; and
(14) To perform such other duties as may be assigned to him by the Council and "nsdb" Chairman.
Section 14. Duties of Associate Commissioners.—The heads of the Institutes shall be the Associate Commissioners who shall have the following powers and duties:
(1) To prepare and recommend to the Commissioner the staffing pattern, compensation, functions, and duties of their respective institutes for review and approval;
(2) Under the supervision of the Commissioner, to direct and manage the affairs and business of their respective institutes in pursuance of the policies of the Council and "nsdb;"
(3) With the approval of the Commissioner, to appoint, suspend, remove, or otherwise discipline for cause all officers and employees of their respective institutes except the Directors and Assistant Directors of Services;
(4) To recommend to the Commissioner the internal reorganization of their respective institutes, when advisable, for the efficient function and operation of their respective organizations;
(5) With the approval of the Commissioner, to delegate his authority in whole or in part to his subordinates; and
(6) To perform such other duties as may be assigned to him by the Commissioner.1a⍵⍴h!1
Section 15. Personnel Administration.—All officers and employees shall be subject to civil service and other personnel laws, rules and regulations: Provided, however, That all scientific or technical positions of the "FORPRIDECOM," which are considered technical in nature, shall be embraced under the non-competitive or unclassified service.
Section 16. Classification and Compensation.—Provisions of law to the contrary notwithstanding, all officials and employees appointed under this Act shall be classified according to Section twenty-six of Republic Act Numbered Two. thousand and sixty-seven which is hereby amended to include those who belong to the clerical and janitorial classification; the compensation of these officials and employees shall be in accordance with the salary scales to be established by the commissioner, based on the salary scales adopted by the "nsdb," the University of the Philippines, and their affiliate agencies, subject to the approval of the Council.
Section 17. Government Service Insurance System, Insurance and Retirement.—Officers and employees of "FORPRIDECOM" shall enjoy the rights of National Government employees with regard to participation in the Government Service Insurance System and to retirement benefits under existing laws: Provided, however, That the appointing authority concerned may, with the approval of the nsdb chairman, extend the service of scientist and researchers beyond the compulsory age of retirement in accordance with R. A. 2067, as amended.
Section 18. Availability of Funds.—Appropriations from the General Fund and such other funds as are authorized by Congress shall be available for the use of "FORPRIDECOM" and the balance of these appropriations after the end of each fiscal year shall revert to the "FORPRIDECOM" Foundation Fund. The "FORPRIDECOM" is authorized to receive donations, fees, bequests, and grants for research and industries technological development purposes. Such grants, bequests, and donations are dedicated to the purpose above mentioned, any provisions of law, rule or regulations to the contrary notwithstanding.
Section 19. Collection of Fees.—The "FORPRIDECOM" is authorized and empowered to charge reasonable fees in connection with examinations, tests, cooperative investigations, consulting services, verifications, certifications, identifications, inspections, and other work performed. The Commissioner shall issue rules and regulations as he may deem desirable for the collection of such fees, subject to the approval of the Council.
Section 20. Acquisition of Property.—All income, donations, grants, and bequests shall accrue to a fiduciary fund, to be known as the "FORPRIDECOM" Foundation Fund, which shall be expended by the Commissioner thereof solely for scientific researches, investigations, and technological development in the field of forest products science, the provisions of existing laws to the contrary notwithstanding.
Section 21. FORPRIDE Fund.—To insure the continuous and efficient operation of the "FORPRIDECOM", a Forest Products Research and Industries Development Fund, a special fund to be known as "FORPRIDECOM fund," is hereby created upon approval of this Act. Source of this Fund shall be in the form of fees as authorized by law for the "FORPRIDECOM". "A wood-conservation fee" shall be collected, in addition to the regular forest charges and/or competitive bidding sales provided for under the National Internal Revenue Code, as amended, and those provided for under Republic Act Numbered One hundred fifteen, as amended, and Republic Act Numbered Three thousand five hundred twenty-three, the amount of twenty-five centavos on each cubic meter of timber removed from any public forest, forest reserve and national park for commercial purposes, which shall be collected in the same manner and with the same remedies provided for in the National Internal Revenue Code, as amended, with respect to forest charges and/or competitive bidding sales, and with the same penalties provided for in Republic Act Numbered One hundred fifteen, as amended, and Republic
Act Numbered Three thousand five hundred twenty-three, and "which shall be turned over to the "FORPRIDECOM" at the end of the fiscal year beginning with the fiscal year on approval of this Act.
Section 22. Disbursement.—Any provisions of law to the contrary notwithstanding the "FORPRIDECOM" is hereby authorized to disburse the income of this fund subject to the pertinent provisions of Commonwealth Act Numbered Two hundred and forty-six, as amended.
Section 23. Availability of Appropriations.— (a) The sums appropriated for the fiscal year ending the year when this Act is approved as well as the continuing appropriations since fiscal year 1958, including receipts automatically appropriated for the Forest Products Research Institute, are hereby transferred to the "FORPRIDECOM" Foundation Fund to be used in such manner as shall best insure the implementation of the objectives of this Act.
(b) Funds appropriated for the "FORPRIDECOM" shall remain available for obligation, for expenditure, and for obligation and expenditure until expended.
Section 24. Tax Exemptions.—Any provision of existing law to the contrary notwithstanding, apparatus, instruments, utensils, equipment and materials may be imported into the Philippines free from taxes and duties, upon certification of the Council, that such articles are imported solely for scientific and technological research and development of forest products industries and not for barter, sale, or hire: Provided, however, That in case such articles are subsequently conveyed and transferred to other parties for a pecuniary consideration, taxes and duties shall be collected thereon at the rate provided for under existing laws, payable to the transferor: Provided, further, That the Council shall promulgate the rules and regulations to implement this provision.
Section 25. Internal Auditing.—Internal auditing of "FORPRIDECOM" accounts and transactions shall be the sole responsibility of the "FORPRIDECOM." Any such audit shall authorize the disbursement of funds without prior approval of the Auditor General. The results of such audit shall be, transmitted to the Council.
Section 26. Accounting Work of FORPRIDECOM.—No funds of the "FORPRIDECOM" shall be used to pay the salaries and expenses of the auditing officer under the Auditor General in excess of one-third of the total salaries and other expenses for the accounting work of the "FORPRIDECOM."
Section 27. Allowances.—The Commissioner, the Deputy and the Associate Commissioners, shall each receive monthly commutable allowances of two hundred fifty pesos and two hundred pesos for representation and transportation expenses, respectively. Such allowances shall be reflected in the annual budget of the "FORPRIDECOM."
Section 28. Adjustments.—Any savings in the appropriations of the Forest Products Research Institute for fiscal year 1967, fiscal year 1968, fiscal year 1969 and fiscal year 1970 provided for in the corresponding General Appropriations Act, receipts automatically appropriated, and fund provided for in Sec. 21 of this Act shall be used to provide for the salary adjustments and allowances herein authorized. Thereafter, the amount necessary for said adjustments and allowances shall be included in the annual General Appropriations Acts: Provided, however, That nothing in this Act shall be construed so as to reduce the salaries and allowances to which such incumbent officials and employees are now entitled under existing laws, rules or regulations.
Section 29. Separability.—If any provision of this Act is declared unconstitutional, such provisions thereof as are not affected by such declaration shall remain in full force and effect.
Section 30. Repeal of Inconsistent Laws.—All Acts, Executive Orders, administrative rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Section 31. Effectivity.—This Act shall take effect upon its approval.
Approved, June 21, 1969.
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