Presidential Decree No. 1588

PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES


P.D. No. 1588 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY

PRESIDENTIAL DECREES




MALACANG
M a n i l a

PRESIDENTIAL DECREE No. 1588

ESTABLISHING A NATIONAL CARTOGRAPHY, PHOTOGRAMMETRY AND REMOTE-SENSING CENTER, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

WHEREAS, there is a need to initiate, develop and implement a continuing and integrated program of aerial photography and base mapping covering the entire country consistent with the requirements of national development and security;

WHEREAS, the mapping activities of all government agencies and private enterprises shall be coordinated in order to optimize the utilization of graphic data and information generated by the program.

WHEREAS, considering that the program will generate data, vital to the economic and political security of the nation, stringent safeguards should therefore be provided in the taking and use of aerial photographs;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers in me vested by the Constitution, do hereby decree and order the following as part of the law of the land.

Section 1. Declaration of Policy. It is hereby declared to be the policy of the state to:

(a) develop a comprehensive and responsible capability in the production and maintenance of maps, charts and similar photogrammetry or cartographic materials;

(b) centralize in one agency the planning, integration, coordination and control of all such photography and mapping production and reproduction and for this purpose all negatives or originals and other reproducibles or by-products of such mapping records and charts are considered the property of the state;

(c) promote the development or establishment of common technical standards and quality specifications in the production of maps as well as simplified ground control points for accurate mapping activities.

Sec. 2. Creation of the National Cartography, Photogrammetry and Remote-Sensing Center. There is hereby created a National Cartography, Photogrammetry and Remote-Sensing Center, hereinafter referred to as the "Center" under the supervision of the Office of the President.

Sec. 3. Powers and Functions of the Center. The Center shall have the following powers and functions:

(a) To formulate and implement a nationwide development program on aerial photography, cartography and remote-sensing map activities which shall serve the growing demands of different levels of the public and private sectors.

(b) To establish and implement technical standards and quality specifications of map production and its reproduction.

(c) To develop and maintain an effective system of, as well as to formulate and enforce policies, regulations, standards and other security measures with regard to the production, acquisition, safe-keeping, dissemination and utilization of cartographic and other mapping information, supplies and materials.

(d) To undertake research, development and training programs to keep abreast with state-of-the art and maximize its capability;

(e) To provide photogrammetry, cartographic and remote-sensing mapping services in order to accelerate the development of a comprehensive data bank and information systems on base maps and charts;

(f) To receive, take and hold by bequest, devise, gift, purchase or lease, either absolutely or in trust for any of its purposes from foreign and domestic sources, any asset, grant or property, real or personal; and, notwithstanding existing provisions of laws to the contrary, to convey such assets, grants or property, to invest or reinvest the same and to deal with and expand its assets in such manner as will best promote its objectives;

(g) To prescribe, fix and collect reasonable amounts to be charged as filing fees, inspection fees, and other administrative or service fees necessary in the conduct of its activities or in the attainment of the objectives of this Decree;

(h) To enter into contracts, domestic or foreign, under such terms and conditions as it may deem necessary and reasonable;

(i) To check, verify, and evaluate at regular intervals, with the assistance of appropriate government agencies or by any means necessary, on compliance of government and private institutions to the provisions of this Decree, the rules and regulations issued by the Board created under Sec. 4 of this Decree, and/or the policies, standards and other security measures in the acquisition, safekeeping, dissemination and utilization of cartographic and other information, supplies and materials;

(j) Promulgate appropriate rules and regulations to attain the objectives of this Decree, as well as to enforce the policies, standards, quality specifications and other security measures issued by it;

(k) To exercise such powers and authority or perform such other activities, which are necessary for the effective performance of the aforementioned functions and objectives.

Sec. 4. Executive Board. The governance and policy direction of the Center shall be vested in an Executive aboard, hereinafter referred to as the "Board", which shall be composed of the following:


(a) The Director-General National Intelligence and Security Authority Chairman
(b) The Undersecretary Department of Human Settlements Member
(c) The Undersecretary for Home Defense Department of National Defense Member
(d) The Commanding General Philippine Air Force Member
(e) The Commanding Officer Armed Forces of the Philippines Mapping Center Member
(f) The Director Bureau of Lands Member
(g) The Director Bureau of Coast and Geodetic Survey Member

The members of the Executive Board may designate a representative to substitute for them whenever it may be necessary, provided that the designation shall be made in writing, and submitted to the Chairman.

The Board shall meet as often as is necessary on such day (s) as it may fix. Special meetings may be convoked upon the call of the Chairman or upon written request of at least two (2) of its members. The presence of three (3) members shall constitute a quorum, and all decisions shall require the concurrence of at least three (3) members.

Sec. 5. Powers and Functions of the Executive Board. The Board shall have the following powers and functions:

(a) To exercise all the powers and functions of the Center as herein provided in this Decree.

(b) To promulgate and prescribe policies, rules, regulations, standards, penalties, fines and other security measures related to the performance of the functions and powers of the Center.

(c) To approve the organizational structure, staffing pattern and the budget of the Center upon the recommendation of the Executive Director, created in Sec. 6 of this Decree.

(d) To appoint, discipline and remove all the technical staff and other personnel of the Center: Provided, That the appointments of personnel below the rank of Director shall be made by the Executive Director in accordance with the staffing pattern approved by the Board: Provided, further, That the Board may empower the Executive Director to engage on contractual basis or other arrangements for the temporary services, and fix compensation, of highly qualified professionals, experts, technical advisers or consulting firms.

(e) To make and approve contracts, establish and determine the location of its principal office, and other regional or local branch offices as it may deem necessary, and to prescribe rules to govern its proceedings.

(f) To exercise such functions and powers necessary to the attainment of the objectives of the Decree.

Sec. 6. Office of the Executive Director. The Executive Director shall be the chief operating officer of the Center and shall perform such functions and responsibilities as may be determined by the Board. Upon recommendation of the Board, he shall be appointed by the President of the Philippines. He must be a Filipino citizen, at least thirty-five (35) years of age, of good moral character and with recognized competence in photogrammetry, cartography and remote-sensing. Unless otherwise provided by the President, the Executive Director shall receive a compensation of Sixty Thousand Pesos (P60,000.00) a year.

The Executive Director shall be assisted by one (1) Assistant Executive Director for Technical Services and Plans and by one (1) Assistant Executive Director for Operations.

Sec. 7. Functions and Responsibilities of the Executive Director. The Executive Director shall have the following functions and responsibilities:

(a) Prepare and submit for consideration of the Board a comprehensive national development program.

(b) Carry out the functions of the Center in accordance with the guidelines set by the Board.

(c) Prepare and submit periodic reports to the Board containing the program of activities and financial operations of the Center.

(d) Prepare and submit annual work programs and budget estimates for approval of the Board.

(e) Submit for the consideration of the Board policies and measures which it believes are necessary in the pursuit of the objectives of the Center.

(f) Subject to the approval of the Board, determine the staffing pattern and number of personnel of the Center, define their duties and responsibilities, and fix their salaries and renumerations.

(g) Perform such other functions as may be directed from time to time by the Board.

Sec. 8. Assistance from Other Government Agencies. The National Photogrammetry and Cartography Committee created under LOI 613 shall provide technical assistance to the Center. In addition existing photogrammetric, cartographic and mapping activities of all government agencies and private enterprises such as the Natural Resources Management Center of the Department of Natural Resources, the Philippine Communications Satellite, Inc. (Philcomsat), and others shall be undertaken in accordance with, and coordinated for integration into, the national policies and development programs promulgated by the Center.

Likewise, the Center may call upon any department, office, agency or instrumentality of the government or any of its political subdivisions for such assistance as it may need in carrying out its duties, functions, and objectives. For this purpose and in addition to such personnel as it may directly hire or contract for, the Center is hereby authorized to form and constitute a pool of highly technical and other personnel from any and all offices and agencies of the government for detail or assignment to the Center. Such personnel are authorized to receive honoraria, compensation allowances and other incentives as the Board may prescribe.

Sec. 9. Security Measures. The Center shall declare any aerial photographs, maps and other reproducible materials as classified materials if in its opinion, the disclosure of the same is inimical to the security of the State. As such all negatives and reproducibles of classified aerial photographs be deposited with the Center.

In pursuance of the security needs of the Center, it is hereby authorized to establish direct procurement offices abroad to facilitate acquisition of necessary supplies and equipment.

Section 10. Tax Exemptions. Photogrammetric, cartographic and remote-sensing materials, equipment, supplies, spare parts and other related facilities, imported or purchased locally by the Center, shall be exempt from all the taxes, including tariff and customs duties, imposed by the Republic of the Philippines or any of its political subdivisions.

Section 11. Borrowing Power. The Center is hereby authorized to incur indebtedness and borrow funds from any foreign government and other public or private financial institutions in such amounts as from time to time may be required for its operations as well as to issue bonds, promissory notes, debentures, certificates of indebtedness, and other debt instruments in foreign currency under such terms and conditions as it shall deem proper and necessary. Subject only to the approval of the President of the Philippines and the Secretary of Finance, all such foreign indebtedness shall be automatically guaranteed by the government of the Republic of the Philippines. No part of the proceeds of such foreign borrowings shall be used for the operating expenses of the Center.

Section 12. Appropriations. To carry out the objectives of this Decree, there is hereby appropriated out of any funds from the National Treasury not otherwise appropriated the amount of One Million Pesos for CY 1978.

Thereafter, the appropriations for the Center shall be included in the General Appropriations Act.

Section 13. Penalties.

(a) Any person convicted for the unauthorized sale, use or improper disposition of classified aerial photographs and/or its reproducibles covering any installation or any part within the territorial limits of the Philippines shall be punished by imprisonment from six (6) months to six (6) years, or shall pay a fine not exceeding TEN THOUSAND PESOS (P10,000.00) or both as the court may direct, unless a higher penalty is imposed by other laws, in which case the penalty provided for by such other law shall be imposed.

(b) Any violation of the provisions of this Decree or of the duly published directives, rules and regulations of the Council shall be punished by a fine not exceeding TEN THOUSAND PESOS (P10,000.00) at the discretion of the Board.

Section 14. Repealing Clause. Presidential Decree No. 1178, dated 12 August 1977 and all provisions of existing laws, decrees, executive orders and regulations contrary to or inconsistent with this Decree are hereby repealed or modified accordingly.

Section 15. Separability Clause. The provisions of this Decree are declared to be separable and if any provisions or the application thereof is held invalid or unconstitutional, the validity of the other provisions shall not be affected.

Section 16. Effectivity Clause. This Decree shall take effect upon its approval.

DONE in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.





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