P.D. No. 893 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 893 February 16, 1976
RECONSTITUTING THE NATIONAL SCHISTOSOMIASIS CONTROL COMMISSION INTO THE SCHISTOSOMIASIS CONTROL COUNCIL AND FOR OTHER PURPOSES
WHEREAS, schistosomiasis is a disease affecting an alarming proportion of our populace;
WHEREAS, the areas endemic and potentially endemic to schistosomiasis are scattered in the three major geographic divisions of the country and the disease generally affects the people of the rural areas;
WHEREAS, schistosomiasis affects not only the health of farmers and their families, but also, their domestic and work animals thus seriously impairing their productive capabilities;
WHEREAS, there is a need for a meaningful and effective coordination of projects and activities to combat and control the disease in order to protect and improve the quality of life of the people, especially those in the areas affected by the disease;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby adopt, approve and make as part of the laws of the land the following:
Section 1. Creation of the Schistosomiasis Control Council. The National Schistosomiasis Control Commission created under Republic Act Numbered four thousand three hundred fifty-nine is hereby abolished and in lieu thereof, there is hereby created the Schistosomiasis Control Council hereinafter called the Council, which shall be attached to the Department of Health.
The powers, functions, balance of appropriations, records, assets, as well as the rights and obligations of the National Schistosomiasis Control Commission are hereby transferred to, vested in, and assumed by the Council.
Sec. 2. Functions and Objectives of the Council. The Council shall have the following functions and objectives:
(a) Formulate an integrated national program for the control of schistosomiasis in the Philippines;
(b) Coordinate and integrate the implementation of schistosomiasis control program, projects and activities of all agencies and intrumentalities of the government as well as those of the private sector involved in controlling the disease;
(c) Formulate an effective information and education campaign scheme and other such complementary schemes necessary for the control of the disease;
(d) Promote special studies and researchers on related aspects of schistosomiasis control and treatment;
(e) Represent the government in its dealings with the World Health Organization or with the United Nations International Children's Emergency Fund or any other international health agencies or entities or with foreign governments or their agencies in matters involving schistosomiasis control, subject to existing laws, rules and regulations; and
(f) Undertake such other activity as may be deemed necessary for the attainment of the objectives of the Council.
Sec. 3. Organization of the Council. To carry out its foregoing functions and objectives, the Council shall have a Board of Directors, an Executive Committee, and a Technical Staff.
Sec. 4. The Board of Directors. The Board of Directors which shall be the policy-making and governing body of the Council, shall be composed of seven (7) members namely: the Secretary of Health as Chairman, the Secretary of Public Works Transportation and Communications, the Secretary of Local Governments and Community Development, the Secretary of Agriculture, the Administrator of the National Irrigation Administration, the Secretary of Education and Culture and the President of the Philippine Medical Association as members.
In case of the absence of the Chairman, the members shall choose among themselves a temporary Chairman who shall take his place and perform his functions and duties, as provided for under this decree.
The Board of Directors shall have the following functions and powers:
(a) Approve and adopt the integrated national schistosomiasis control program envisioned in this Decree;
(b) Consider and adopt periodic reports on the status of the aforementioned program;
(c) Adopt broad policies and guidelines to carry out the goals and objectives of the Schistosomiasis Control Council;
(d) Adopt such rules, regulations and procedures as maybe necessary for the attainment of the objectives of this Decree; and
(e) Perform such other functions as may be provided by law.
Sec. 5. The Executive Committee. The Executive Committee shall be headed by an Executive Director and composed of representatives each coming from and designated by the government agencies represented in the Board of Directors and three (3) other representatives each coming from the National Economic and Development Authority, the Department of Social Welfare and the Budget Commission. The said representatives who must not be the heads of the aforementioned agencies, can act in behalf of their respective agencies only on matters involving the formulation and execution of the integrated national schistosomiasis control program and related projects and activities envisioned in this Decree. The Chairman, upon the recommendation of the Board of Directors, shall appoint the Executive Director and determine his qualifications and compensation.
The Executive Committee shall have the following powers and functions:
(a) Review and recommend for approval and adoption by the Board of Directors the schistosomiasis control program prepared by the Technical Staff;
(b) Review periodic reports prepared by the Technical Staff for the consideration and approval of the Board of Directors;
(c) Provide guidelines for the operations and activities of the Technical Staff;
(d) Act and decide on matters referred to it by the Technical Staff for its consideration; and
(e) Perform such other functions as may be assigned to it by the Board of Directors and/or the Chairman.
Sec. 6. The Technical Staff. The Council shall have a Technical Staff, likewise to be headed by the Executive Director of the Executive Committee. The Chairman, upon recommendation of the Executive Committee, shall appoint the members of the technical staff. The technical positions of said staff shall be exempt from the rules and regulations of the Wage and Position Classification Office and from the examination and/or eligibility requirements of the Civil Service Commission.
The Technical Staff shall have the following functions and responsibilities:
(a) Undertake the preparations of a coordinated schistosomiasis control program for the approval and adoption by the Board of Directors;
(b) Determine the linkages for the effective coordination and implementation of schistosomiasis control projects;
(c) Establish and maintain an up-to-date and comprehensive data system on the status of the disease specifying the areas affected, the number of people, the deaths caused by the disease and other relevant information;
(d) Prepare periodic reports on the implementation of the program as well as the projects and activities relating thereto for the approval and adoption by the Board of Directors; and
(e) Perform such other functions as may be assigned to it by the Board of Directors and/or the Executive Committee.
For the purpose of the foregoing functions and responsibilities, the Council may likewise utilize the services of the Schistosomiasis Control and Research Service of the Department and if deemed necessary, secure the detail to the Council of personnel from the said service unit.
The Council shall also hire such personnel, including consultants, as may be necessary for the performance of its functions, who shall be appointed by the Chairman.
Sec. 7. Meetings. The Board of Directors and the Executive Committee shall hold meetings whenever necessary. For official meetings of either bodies, the presence of a majority of their respective members shall constitute the quorum to do business and all its decision shall be concurred in by at least the majority of the quorum.
The members of the Board of Directors and the Executive Committee shall receive a reasonable amount of per diem as the Board may provide for every meeting actually attended by them.
Sec. 8. Essential Project Element. All agro-engineering projects, especially in endemic and potentially endemic areas identified by the Council from time to time, shall always have schistosoma control components.
Sec. 9. Reports. Within three months after the end of every fiscal year, the Council shall submit to the President of the Philippines thru the National Economic and Development Authority its annual report embodying the status of its programs and projects as well as its problems and recommendations. It shall likewise submit the President or by the National Economic and Development Authority.
Section 10. Role of Implementing Agencies. All government agencies concerned shall be responsible for the implementation of the projects assigned to them. All other government agencies and instrumentalities, including government-owned and controlled corporations, as well as the private sector, shall support the projects of the Council for the control of the disease.
Section 11. Authority to Receive Gifts and Donations. The Council is hereby authorized to receive gifts, donations or bequests and utilize the same for the implementation of its schistosomiasis control program and projects, in accordance with the terms of the gift, donation or bequest. Such gifts, donations or bequests shall be exempt from all taxes, duties, dues or fees, whatsoever, imposed or hereafter to be imposed by the national government, its agencies, instrumentalities or political subdivisions, and the same shall be fully deductible from the gross income of the donor or grantor for income tax purposes.
Section 12. Appropriations. There is hereby appropriated the sum of one million pesos out of the funds in the National Treasury not otherwise appropriated for the operation of the Schistosomiasis Control Council and its projects for fiscal year 1975-76. Thereafter, such amounts as shall be needed for the continued operation of the Council and its projects shall be regularly included in subsequent annual General Appropriation Acts.
The government agencies represented in and composing the Council as indicated in Sec. 4 and 5 hereof are herein after authorized to include in their respective regular annual appropriations such additional amount as may be deemed needed to be used exclusively in undertaking their activities involving the integrated national schistosomiasis control program provided for in this Decree.
Section 13. Repealing Clause. Republic Act Numbered four thousand three hundred and fifty-nine is hereby repealed. Likewise, any provision of law, decree, rules and regulations inconsistent herewith is hereby repealed, amended or revised accordingly.
Section 14. Separability Clause. If for any reason any section or provision of this Decree is declared to be unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall continue in full force and effect.
Section 15. Effectivity. This Decree shall take effect immediately.
Done in the City of Manila, this 16th day of February in the year of Our Lord, nineteen hundred and seventy-six.