P.D. No. 1302 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 1302 February 15, 1978
CREATING THE PHILIPPINE PILGRIMAGE AUTHORITY
WHEREAS, one of the five pillars of Islam, the religion of the Muslims, is the pilgrimage to the birthplace of their Prophet Mohammad in Mecca, Saudi Arabia and by reason of this religious injunction, a great number of Muslim Filipinos with the physical and financial capability endeavor to undertake such pilgrimage at least once during their lifetime;
WHEREAS, before the advent of the New Order, the activities connected with all phases and aspects of the said pilgrimage of Muslim Filipinos had been exploited by unscrupulous parties whose only motive had been to advance their personal, social, financial, political and other selfish ends;
WHEREAS, such exploitation gave rise to many irregularities which became a source of adverse and detrimental propaganda and criticism against the Republic of the Philippines locally and abroad, especially in the eyes of the Muslim countries, and served to stir social unrest, frustration and discontent among Muslim Filipinos thereby aggravating the peace and order problems in some places in Mindanao, Sulu, Tawi-Tawi and Palawan;
WHEREAS, it is the Government's responsibility to look after the welfare and protect the interests of Muslim Filipino pilgrims and to prevent them from being exploited by any unscrupulous party, thereby avoiding the aforestated detrimental effects on the national interest;
WHEREAS, the Government participation in said activity has been proven effective during the Muslim Filipinos pilgrimage to Mecca, Saudi Arabia in 1973, 1974, 1975, 1976 and 1977, which had been completed without any major untoward or regrettable incident;
WHEREAS, the gains in terms of the improved Philippine international image, prestige, dignity and integrity throughout the world, and the favorable effects on the peace and order conditions in some provinces in Mindanao obtained through stricter Government supervision of and more active participation in said pilgrimage during the past five years must be preserved and enhanced by making such participation a continuing and on-going activity;
WHEREAS, to maximize the number of Muslim Filipinos that can avail of the opportunity to make such pilgrimage and insure the effectiveness and consequently, the success of this important activity, there must be a Government Agency directly responsible for carrying out the same;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby order and decree, as part of the laws of the land, the following:
Section 1. Creation of the Philippine Pilgrimage Authority. There is hereby created, under the Office of the President, an agency to be known as the Philippine Pilgrimage Authority.
Sec. 2. Composition of the Authority. The Authority herein created shall be composed of a Chairman whose appointment, tenure and qualifications shall be made or determined by the President; and six members consisting of the representatives of the: Secretaries of the Department of Foreign Affairs, Finance, National Defense and Local Government and Community Development, the President of the Philippine Amanah Bank and the Administrator of the Southern Philippines Development Authority.
Sec. 3. Powers, functions and duties. The Authority shall have the following powers, functions and duties:
(a) To initiate, plan, integrate, execute, implement, coordinate, manage, supervise and administer all aspects and phases of programs, projects and activities, relevant to the annual pilgrimage of Muslim Filipinos to Mecca, Saudi Arabia, including, but not limited to the following:
1. Devising ways, means methods and measures to encourage all Muslim Filipinos to save money to enable them to undertake the pilgrimage;
2. Pre-Departure processing of pilgrim applicants at convenient designated places;
3. Ferry of pilgrim participants from home provinces to designated point (s) of departure;
4. Arrangement for transport from the Philippines to Mecca, Saudi Arabia and return, including charter or contract, whether by ship or airplane;
5. Administration of and assistance to the pilgrims abroad or airplane to and from and while at Mecca, Saudi Arabia;
6. Deprocessing of pilgrims upon return to the Philippines at designated point(s) of arrival;
7. Ferry of pilgrims from point(s) of arrival at home provinces; and
8. General administration, to include funding of the programs, projects and activities necessary for the government participation in the pilgrimage.
(b) To coordinate with and obtain assistance, support and cooperation from other offices, agencies, branches or instrumentalities of Government, as well as from the private sectors whenever necessary to insure the success of every pilgrimage;
(c) To formulate and submit to the President for approval, not later than March 1st of each year, plans and recommendations, including funding requirements, for carrying out the pilgrimage;
(d) After approval of the said plans and recommendations, to submit to the President timely reports on the progress of the pilgrimage programs, projects and activities and upon completion of the pilgrimage, to submit a final report on the same;
(e) To conduct a continuing study on, and to submit to the President recommendations for, improving, streamlining and modernizing the system employed to insure the success of every pilgrimage;
(f) To appoint and administer, subject to pertinent budgetary, auditing and Civil Service Laws, rules and regulations, including those of the Wage and Position Classification Office, such number of subordinate officials and/or employees necessary for the smooth and efficient functioning of the Authority;
(g) To exercise such other powers of administration necessary for the operation of the Authority;
(h) To accept and receive grants, donations or gifts in whatever form and from whatever sources; Provided, That, said grants, donations or gifts shall be administered, obligated and disbursed in accordance with the terms thereof, or in the absence of such terms, in such manner as the Authority may, in the exercise of sound discretion, determine; Provided, further, That, said grants, donations or gifts shall be subject only to such limitations as the grantor, donor or giver may impose; Provided, finally, That the acceptance or receipt of such grants, donations or gifts shall not be prejudicial to the national interest or contrary to law;
(i) To engage in any commercial, industrial, agricultural, fishing, mining or other profitable business enterprises for the purpose of making the Authority self-sustaining; and for the same purpose, to invest in or otherwise acquire, own, hold, use, operate, sell, assign, transfer, exchange, mortgage, pledge, lease, develop or otherwise deal in, real estate and other natural resources projects or any interest therein, and in personal property of every kind and description, including shares of stock, bonds, debentures, notes, evidence of indebtedness, and other securities or obligations of other corporations or associations, domestic or foreign and acquire, lease or hold private and public lands of any classification notwithstanding the prohibitions in, or in excess of the area, permitted by, the laws of the Philippines; to enter into contracts and other transactions in connection with the foregoing; and with the prior approval of the President, to incur obligations or indebtedness to generate the necessary capitalization to fund the activities authorized in this provisions;
(j) To promulgate such rules, regulations and/or resolutions for the effective implementation of this Decree.
Sec. 4. Compensation of Chairman. The Chairman of the Authority shall receive an annual compensation of Thirty Nine Thousand Two Hundred Forty Pesos (P39,240.00).
Sec. 5. Appropriation. The sum of Five Million pesos is hereby authorized to be appropriated out of the funds in the National Treasury not otherwise appropriated: Provided, That such sums as may be necessary for the continuing implementation of this Decree shall be included in the Annual Budget of the National Government; Provided, further, That any surplus funds earned by the Authority shall be utilized, subject to the approval of the President, for the development of the southern Philippines.
Sec. 6. Penal Provision. Any person who obstructs, impedes or otherwise impairs the implementation of this Decree shall suffer imprisonment of not less than five years nor more than ten years at the discretion of the Court. Conviction of the offender who is a public official or employee, shall carry with it dismissal from the service and other accessory penalties provided for in the Revised Penal Code.
Sec. 7. Repealing Clause. All laws, decrees, rules and regulations or parts thereof which are inconsistent with this Decree are hereby repealed or modified accordingly.
Sec. 8. This Decree shall take effect upon approval.
Done in the City of Manila, this 15th day of February, in the year of Our Lord, nineteen hundred and seventy-eight.