MALACAÑANG
M a n i l aPRESIDENTIAL DECREE No. 1765
ENLARGING THE POWERS AND PURPOSES OF THE METALS INDUSTRY RESEARCH AND DEVELOPMENT CENTER; FURTHER RECONSTITUTING ITS BOARD OF TRUSTEES, AND FOR OTHER PURPOSES
WHEREAS, the Metals Industry Research and Development Center (MIRDC) was created by Republic Act No. 4724 as amended by Republic Act No. 6428 to develop and expand the metals industry, by providing both the government and the private sector with professional management and technical expertise on such vital activities as training of engineers and technicians, information exchange, trade accreditation service, quality control and testing of metal products, research and business economics advisory services;
WHEREAS, Executive Order No. 602 dated July 10, 1980 transferred the MIRDC to the Ministry of Industry to reorient its program thrust from research and development to direct assistance to the metals industry;
WHEREAS, to achieve the above-cited purposes and the reorientation of its program thrust as enunciated in the above-mentioned Executive Order, there is a need to accelerate MIRDC's facilities for testing and...
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Presidential Decrees
Enlarging The Powers And Purposes Of The Metals Industry Research And Development Center; Further Reconstituting Its Board Of Trustees, And For Other Purposes
Presidential Decree No. 1765
Summary of Presidential Decree No. 1765
Enlarging the Powers and Purposes of the Metals Industry Research and Development Center (MIRDC):
- The MIRDC shall assist the Ministry of Industry in establishing, reviewing, and enforcing quality standards for the metals industry through testing and inspection of metal products, machinery, equipment, appliances, and their accessories and parts. (Section 1)
- The MIRDC is empowered to:
• Organize and operate product testing facilities, whether as a separate foundation or not, to carry out testing and inspection activities related to quality standards enforcement. (Section 2.1)
• Obtain funds from government, private sources, or international lending institutions to support its purposes, arrange financing, or secure assistance for its own account or clients. (Section 2.2)
• Acquire, use, and dispose of patents, licenses, trademarks, inventions, and processes related to its functions and activities. (Section 2.3)
• Organize, manage, and operate subsidiaries, stock or non-stock, solely or in joint venture with the private sector, to undertake its authorized activities. (Section 2.4)
• Secure its own obligations and those of its subsidiaries. (Section 2.5)
• Contract loans, issue bonds, and other obligations as security. (Section 2.6)
• Compromise, remit, or condone claims arising from contracts or other sources. (Section 2.7)
• Invest its Corporate Fund as deemed proper and necessary. (Section 2.8)
Reconstitution of the Board of Trustees:
- The Board of Trustees is reconstituted and composed of the Minister of Industry as Chairman, representatives from various government agencies, the MIRDC, and three representatives from the metals, engineering, and allied industries sub-sector appointed by the Minister of Industry. (Section 3)
• The Chairman shall appoint a Vice-Chairman from among the members.
• The appointive members from the private sector shall serve for 3 years, 2 years, and 1 year, respectively, or until their successors are appointed and qualified.
Appointment and Reorganization:
- The Chairman of the Board of Trustees shall appoint the Executive Director of the MIRDC, with the approval of the Board. (Section 4)
- The Board is authorized to reorganize the internal structure of the MIRDC and determine the compensation and allowances of its officers and personnel, considering the need to attract highly technical personnel. (Section 5)
Fees, Corporate Fund, and Auditor:
- The MIRDC is empowered to charge reasonable fees for services rendered to clients, which, together with any contributions received, shall be used for its operations. (Section 6)
- Any income, fees, donations, or contributions received from the private sector shall form part of the MIRDC's Corporate Fund, and the unexpended balance shall not revert to the General Fund at the end of the fiscal year. (Section 7)
- The Commission on Audit shall appoint the Auditor of the MIRDC, while the Auditors of its subsidiaries and any foundation organized by it shall be appointed by their respective Boards of Directors or Trustees. (Section 8)
Establishment of the MIRDC Testing Foundation of the Philippines:
- The MIRDC shall set up a non-stock, non-profit foundation called the "MIRDC Testing Foundation of the Philippines," registered with the Securities and Exchange Commission. (Section 9)
• The Foundation shall have the power to operate product testing facilities, charge reasonable fees, receive donations and contributions from the private sector, adopt an independent procurement system, grant honoraria and emoluments to employees detailed to the Foundation, and use the MIRDC's facilities, expertise, and personnel. (Section 9.1-9.5)
• Donations or contributions to the Foundation shall be considered deductible in full from the taxable income of the donor. (Section 9)
• The Foundation, its assets, acquisitions, operations, and transactions shall be exempted from all taxes, fees, charges, imposts, licenses, and assessments imposed by the Republic of the Philippines or any of its political subdivisions or taxing authorities. (Section 9)
Repealing Clause and Separability Clause:
- All laws, decrees, administrative orders, proclamations, rules, and regulations inconsistent with the provisions of this Decree are hereby repealed, amended, or modified accordingly. (Section 10)
- If any provision of this Decree is held invalid, the remainder shall not be affected. (Section 11)
Effectivity:
- This Decree shall take effect immediately. (Section 12)
Enlarging the Powers and Purposes of the Metals Industry Research and Development Center (MIRDC):
- The MIRDC shall assist the Ministry of Industry in establishing, reviewing, and enforcing quality standards for the metals industry through testing and inspection of metal products, machinery, equipment, appliances, and their accessories and parts. (Section 1)
- The MIRDC is empowered to:
• Organize and operate product testing facilities, whether as a separate foundation or not, to carry out testing and inspection activities related to quality standards enforcement. (Section 2.1)
• Obtain funds from government, private sources, or international lending institutions to support its purposes, arrange financing, or secure assistance for its own account or clients. (Section 2.2)
• Acquire, use, and dispose of patents, licenses, trademarks, inventions, and processes related to its functions and activities. (Section 2.3)
• Organize, manage, and operate subsidiaries, stock or non-stock, solely or in joint venture with the private sector, to undertake its authorized activities. (Section 2.4)
• Secure its own obligations and those of its subsidiaries. (Section 2.5)
• Contract loans, issue bonds, and other obligations as security. (Section 2.6)
• Compromise, remit, or condone claims arising from contracts or other sources. (Section 2.7)
• Invest its Corporate Fund as deemed proper and necessary. (Section 2.8)
Reconstitution of the Board of Trustees:
- The Board of Trustees is reconstituted and composed of the Minister of Industry as Chairman, representatives from various government agencies, the MIRDC, and three representatives from the metals, engineering, and allied industries sub-sector appointed by the Minister of Industry. (Section 3)
• The Chairman shall appoint a Vice-Chairman from among the members.
• The appointive members from the private sector shall serve for 3 years, 2 years, and 1 year, respectively, or until their successors are appointed and qualified.
Appointment and Reorganization:
- The Chairman of the Board of Trustees shall appoint the Executive Director of the MIRDC, with the approval of the Board. (Section 4)
- The Board is authorized to reorganize the internal structure of the MIRDC and determine the compensation and allowances of its officers and personnel, considering the need to attract highly technical personnel. (Section 5)
Fees, Corporate Fund, and Auditor:
- The MIRDC is empowered to charge reasonable fees for services rendered to clients, which, together with any contributions received, shall be used for its operations. (Section 6)
- Any income, fees, donations, or contributions received from the private sector shall form part of the MIRDC's Corporate Fund, and the unexpended balance shall not revert to the General Fund at the end of the fiscal year. (Section 7)
- The Commission on Audit shall appoint the Auditor of the MIRDC, while the Auditors of its subsidiaries and any foundation organized by it shall be appointed by their respective Boards of Directors or Trustees. (Section 8)
Establishment of the MIRDC Testing Foundation of the Philippines:
- The MIRDC shall set up a non-stock, non-profit foundation called the "MIRDC Testing Foundation of the Philippines," registered with the Securities and Exchange Commission. (Section 9)
• The Foundation shall have the power to operate product testing facilities, charge reasonable fees, receive donations and contributions from the private sector, adopt an independent procurement system, grant honoraria and emoluments to employees detailed to the Foundation, and use the MIRDC's facilities, expertise, and personnel. (Section 9.1-9.5)
• Donations or contributions to the Foundation shall be considered deductible in full from the taxable income of the donor. (Section 9)
• The Foundation, its assets, acquisitions, operations, and transactions shall be exempted from all taxes, fees, charges, imposts, licenses, and assessments imposed by the Republic of the Philippines or any of its political subdivisions or taxing authorities. (Section 9)
Repealing Clause and Separability Clause:
- All laws, decrees, administrative orders, proclamations, rules, and regulations inconsistent with the provisions of this Decree are hereby repealed, amended, or modified accordingly. (Section 10)
- If any provision of this Decree is held invalid, the remainder shall not be affected. (Section 11)
Effectivity:
- This Decree shall take effect immediately. (Section 12)