Amending Section 4 Of P.D. No. 388

Case Overview and Summary

Summary of Presidential Decree No. 775

Powers and Functions of the Philippine Sugar Commission
- Establish policies for all phases of the sugar industry and improve existing methods and systems. [Section 4(a)]
- Enter into contracts and transactions necessary for its functions and objectives with any natural or juridical person, foreign government, or private entity. [Section 4(b)]
- Levy and collect charges, fees, and contributions to finance its operations, social amelioration of workers, and other purposes, subject to the President's approval. [Section 4(c)]
- Act as the single buying and selling agency of sugar at the quedan-permit level to promote effective merchandising and distribution. [Section 4(d)]
- Determine the floor-ceiling price of sugar to ensure fair returns for planters, millers, traders, wholesalers, and retailers, considering production costs, devaluation, economic factors, and minimum wages. The price shall be adjusted based on changes in production costs and the Consumer Price Index. [Section 4(e)]
- Promulgate rules and regulations to carry out the provisions of the Decree and impose penalties for violations. [Section 4(f)]
- Assume control and supervision of any sugar mill or refinery that has failed to meet financial and contractual obligations for two years or has become inefficient in its operations. [Section 4(g)]
- Organize, register, regulate, maintain exclusive control and supervision over sugar planters and sugar producers marketing cooperatives, and restore those existing before the repeal by Presidential Decree No. 175. This function shall be exercised by the Sugar Quota Administration until the Commission is officially constituted. [Section 4(h)]
- Allow sugar planters and/or sugar producers marketing cooperatives to enjoy privileges and incentives granted under laws before their repeal by Presidential Decree No. 175 and those granted by government agencies to business organizations under existing laws, provided that the requirements are complied with. Pre-existing cooperatives shall be entitled to the same attributes and incentives as those created under existing laws, and they shall apply or petition for re-registration with the Commission within six (6) months from the promulgation of the Decree. Their existence shall continue until the application or petition is approved or denied. [Section 4(i)]
- Determine the manner and extent by which powers, privileges, and incentives provided by existing laws shall be exercised or enjoyed. The Commission shall promulgate rules and regulations to govern the promotion, organization, registration, re-registration, control, and supervision of all sugar planters and sugar producers marketing cooperatives. [Section 4(j)]
- Suspend the operation or cancel the registration of any sugar planters and/or sugar producers marketing cooperatives after a hearing, when the Commission finds that the cooperative is operating in violation of the Decree, rules and regulations, existing laws, or the by-laws of the sugar cooperatives. [Section 4(k)]
- Perform other functions necessary and incidental to its purposes and objectives. [Section 4(l)]
- Submit periodic reports of surveys, studies, investigations, and recommendations to the President of the Philippines for appropriate action.