P.D. No. 604 : PHILIPPINE LAWS, STATUTES and CODES : CHAN ROBLES VIRTUAL LAW LIBRARY
M a n i l a
PRESIDENTIAL DECREE No. 604 December 10, 1974
INTEGRATING NATIONWIDE YOUTH DEVELOPMENT, PHYSICAL FITNESS AND AMATEUR SPORTS DEVELOPMENT PROGRAMS AND CREATING FOR THIS PURPOSE THE DEPARTMENT OF YOUTH AND SPORTS DEVELOPMENT, AND FOR OTHER PURPOSES
WHEREAS, the government recognizes the need for the development of youth as an integral part of the national development policy;
WHEREAS, there is an urgent need to further examine, clarify, and delineate the areas where there should be increased participation of the youth;
WHEREAS, the government recognizes the vital role of physical fitness and amateur sports programs in the development of a healthy and alert citizenry for national progress;
WHEREAS, there is an urgent need to intensify a physical fitness and recreation program for the population at all ages and at all levels of the community in order to serve as a strong foundation for the inculcation of a national discipline; and
WHEREAS, there is a recognized need to adopt an integrated approach in the physical fitness and amateur sports programs involving all sectors of the citizenry;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, pursuant to the powers vested in me by the Constitution, do hereby order and decree, as part of the law of the land, the creation and establishment of the Department of Youth and Sports Development.
Section 1. Creation of a Department of Youth and Sports Development. There is hereby created a Department of Youth and Sports Development, hereinafter referred to as the Department, which shall, among others, formulate and implement policies, plans, and programs on youth development, physical fitness, and sports development.
Sec. 2. Authority and Responsibility. The authority and responsibility for the exercise of the powers and the discharge of the functions of the Department shall be vested in a Secretary of Youth and Sports Development, hereinafter referred to as the Secretary. He shall be assisted by one Undersecretary: Provided, however, That the Department may have more than one Undersecretary, if necessary.
The primary responsibility, however, for youth activities in school shall remain vested with the Department of Education; for Citizens Army Training, Reserve Officers Training Corps, and Summer Cadres with the Department of National Defense; for skills development for gainful employment with the Department of Labor and the National Manpower and Youth Council; and for activities of disadvantaged youth with the Department of Social Welfare.
Sec. 3. Functions. The Department shall be responsible for the following functions:
1. Conduct basic and applied research on youth development;
2. Encourage, initiate, and establish youth organizations to promote and develop youth activities open to persons eleven years and above, and administer where necessary such newly established organizations, subject to requirements of national security;
3. Coordinate with the Department of Education and Culture, the Department of National Defense, the Department of Labor, the National Manpower and Youth Council, and the Department of Social Welfare various allied youth activities as mentioned in Sec. 2.
4. Establish, by mutual agreement and in continuing consultation with the Department of National Defense, such guidelines as may permit community service as an acceptable substitute for compulsory military service;
5. Establish, whenever necessary, summer camps and centers for youth leadership and other youth activities;
6. Conduct promotion and fund raising campaigns, in accordance with existing law, to achieve the purposes of the Department;
7. Plan and implement an integrated program of physical fitness and amateur sports development for the country;
8. Adopt and enforce a uniform set of rules to determine and govern amateur athletes and sports in the Philippines and for the accreditation or recognition (or its withdrawal) and supervision of national sports associations; and consistent with administrative due process, to govern the procedure to be observed by the national sports associations in hearing and deciding cases before them either on initial hearing or on appeal;
9. Develop and/or maintain recreational facilities, playgrounds, and sports centers in strategic places in the country, and a modern sports complex adequate for major international sports competitions;
10. Assist the proper government department or agency in the formulation of an industry incentives program for the local manufacture of sporting goods and equipment;
11. Administer the existing National College of Physical Education in accordance with the regulations of the Department of Education and Culture;
12. Provide such incentives to deserving associations or athletes as may be permissible under the rules of amateurism;
13. Issue rules and adopt measures as may be necessary for the attainment of its objectives;
14. Delegate authority for the performance of any function to officers and employees under its direction; and
15. Perform such other functions as may be directed by the President or provided by law.
The Department may import sports equipment and materials as may be required for the attainment of its objectives from its appropriations, contributions, or other sources. Such importation may be partially or fully exempt from customs duties, subject to conditions as may be imposed by the Secretary of Finance.
Sec. 4. Department Proper. The Department shall have a Planning and Financial Service and an Administrative Service.
The Planning and Financial Service shall, among others, be responsible for providing the Department with economical, efficient, and effective services relating to planning, programming, and project development and evaluation and with staff advice and assistance on budgetary and financial matters.
The Administrative Service shall, among others, be responsible for providing the Department with economical, efficient, and effective services relating to personnel, legal assistance, information, records, supplies, equipment, collections, disbursements, and custodial work.
Sec. 5. Bureau of Youth Development. There is hereby created a Bureau of Youth Development, hereinafter referred to in this Section as the Bureau, which shall be responsible for youth development research and for developing and evaluating programs geared to the development of youth through self-improvement, leisure time activities, disciplinary training, and involvement in community affairs. The Bureau shall be headed by a Director.
The Bureau shall have the following divisions: a Research and Information Division and a Program Development Division.
The Research and Information Division shall develop and evaluate basic and applied research programs on the physical, mental, emotional, social, and creative-aesthetic development of youth. It shall develop, initiate, and provide support for the development and coordination of youth projects and shall design strategies to gain support and cooperation of all institutions, public and private, to the programs on youth development.
The Program Development Division shall develop and evaluate youth programs which will be undertaken by the Department through its regional offices. It shall also coordinate and harmonize its civic action program with the various youth programs being undertaken by different government agencies. It shall develop guidelines and standards governing the implementation of youth development programs within the Department's responsibilities.
Sec. 6. Bureau of Physical Fitness and Sports. There is created a Bureau of Physical Fitness and Sports, hereinafter referred to in this Section as the Bureau, which shall be responsible for providing guidelines and standards on physical education and fitness, on the promotion and improvement of sports among amateurs, and on the development and maintenance of playgrounds and sports centers. It shall also develop a program on annual interscholastic meets and provide guidelines for its implementation. The Bureau shall be headed by a Director.
The Bureau shall have the following divisions: a Physical Fitness Programs Division and an Amateur Sports Development Division.
The Physical Fitness Programs Division shall be responsible for the planning of broad-based nationwide physical fitness, recreation, and health programs.
The Amateur Sports Development Division shall be responsible for supervising and coordinating with the national sports associations, developing and maintaining sports centers and facilities, and fund raising.
Sec. 7. National Sports Associations. Application for accreditation or recognition as a national sports association for each individual sport in the Philippines shall be filed with the Department together with, among others, a copy of the Constitution and By-laws and a list of the members of the proposed association.
The Department shall give the recognition applied for if it is satisfied that the national sports association to be organized will promote the objectives of this Decree and has substantially complied with the rules and regulations of the Department: Provided, That the Department may withdraw accreditation or recognition for violation of this Decree and such rules and regulations formulated by it.
The Department shall supervise the national sports associations: Provided, That the latter shall have exclusive technical control over the development and promotion of the particular sport for which they are organized.
Sec. 8. Functions, Powers, and Duties of National Sports Associations. The national sports associations shall have the following functions, powers, and duties:
1. Adopt a Constitution and By-Laws for their internal organization and government which shall be submitted to the Department and any amendment thereto shall take effect upon approval by the Department: Provided, however, That no team, school, club, organization, or entity shall be admitted as a voting member of an association unless 60 per cent of the athletes composing said team, school, club, organization, or entity are Filipino citizens;
2. Raise funds by donations, benefits, and other means for their purpose subject to the approval of the Department;
3. Purchase, sell, lease, or otherwise encumber property, both real and personal, for the accomplishment of their purpose;
4. Conduct local, interport, and international competitions, other than the Olympic and Asian Games, for the promotion of their sport;
5. Affiliate with international or regional sports associations after due consultation with the Department;
6. Decide all questions on the amateur status and discipline of their athletes and members, including disputes between their members, subject to appeal to the Department;
7. Adopt and implement a training program for the development of their athletes and their preparation for international competition and defray the expenses for the same;
8. Appoint their representative to the National Olympic Committee: Provided, That their sport is included in the Olympic and Asian Games;
9. Select the athletes, coach, and other officials for their national teams taking into consideration not only their athletic abilities but also their moral character, subject to the approval of the National Olympic Committee in the cases of teams for Olympic and Asian Games.
10. Keep accurate records of all official marks attained by the athletes in the associations in all competitions, as well as all results of sport competitions, recognize and ratify the same, and furnish copies thereof to the Department;
11. Render a semi-annual report regarding their finances and major activities to the Department;
12. Qualify and license referees and umpires and other game officials who shall officiate in competitions in their respective sports; and
13. Perform such other functions as may be provided by law.
Sec. 9. Regional Offices. There shall be established as many regional offices as are necessary consistent with the requirements of economy and efficiency: Provided, That they are established in accordance with the regional pattern as prescribed in Paragraph 1, Article I, Chapter III, Part II of the Integrated Reorganization Plan, as amended. The regional office shall be headed by a Regional Director who may be assisted, whenever necessary, by one or more Assistant Regional Directors. The Regional Director and Assistant Regional Director shall be appointed by the President, in accordance with Paragraph 5(c), Article IV, Chapter I, Part III of the Integrated Reorganization Plan, as amended. The Regional Director shall be a college graduate, major in Physical Education, or a college graduate actively engaged in a youth development program, a physical fitness program, or amateur sports development.
The regional office shall have such counterpart units as may be necessary, corresponding to the major functional areas in the Department.
The Department shall establish such sub-regional offices as may be necessary within each region for the accomplishments of its objectives.
Section 10. Functions, Powers, and Duties of the Regional Director. The Regional Director shall supervise all activities of the Department on youth development and physical fitness and coordinate amateur sports development within his regional area of jurisdiction.
Specifically, the Regional Director shall perform the following functions, among others:
1. Implement all the policies of the Department insofar as the region is concerned;
2. Plan and implement a youth development program for the region;
3. Plan and implement a physical fitness and amateur sports development program for the region in coordination with local government officials specifically charged with the same task;
4. Coordinate and harmonize the activities of all organizations engaged in youth development, physical fitness, and amateur sports development in the region;
5. Administer such common properties of the Department as may exist in the region and assist in the maintenance of existing sports facilities in the region;
6. Supervise the municipal/barrio/barangay programs on youth development and physical fitness and coordinate amateur sports development;
7. Prepare an annual budget for the region and submit the same for approval and funding of the Department;
8. Prepare and submit necessary reports to the Department; and
9. Perform such other functions as may be directed by the Department or provided by law.
Section 11. National Advisory Council on Youth Development. There will be a National Advisory Council on Youth Development, if the Secretary so determines, composed of five members: three representatives of youth organizations and two representatives of civic organizations appointed by the President for a term of four years. The President shall appoint a chairman from among them. The Council shall serve as an advisory body to the Secretary.
Section 12. Regional Advisory Council on Youth Development. There may be a Regional Advisory Council on Youth Development in each region composed of three representatives of local youth organizations and two representatives of local civic organizations appointed by the Secretary for a term of four years. The Secretary shall appoint a chairman from among them. The regional council shall serve as advisory body to the Regional Director.
Section 13. National Olympic Committee. There shall be a National Olympic Committee composed of one representative from each of the national sports associations accredited by the Department and whose sports are included in the Olympic Games, the representative of the International Olympic Committee in the Philippines, and the Secretary. It shall function in accordance with the rules and regulations of the International Olympic Committee and shall coordinate with the Department.
Section 14. The Annual Interscholastic Meet. As an integral part of its nationwide physical fitness and amateur sports development program, the Department, in consonance with the program and/or guidelines approved or prescribed pursuant to Sec. 6 thereof, shall plan and conduct each year one National Interscholastic Meet which shall be preceded successively by local athletic meets in the municipal, city, provincial, and regional levels: Provided, however, That for this purpose the Department shall closely coordinate with the Department of Education and Culture and the Department of Local Government and Community Development regarding the involvement or participation therein of all educational institutions as well as students and the local governments and out-of-school youth, respectively. The Interscholastic Meet provided herein, a combination of the hitherto public schools and private schools interscholastic meets, including the participation of out-of-school youth, shall be managed through the Bureau of Physical Fitness and Sports and the various local meets through its regional offices, and such activities shall be funded from the appropriations of the Department.
Section 15. Abolition of Offices, Transfer of Properties and Funds. The Child and Youth Research Center in the Department of Education and Culture, the Philippine Amateur Athletic Federation created under Republic Act No. 3135, the Physical Education and Sports Center Development Commission created under Republic Act No. 5708, and the Inter-Departmental Committee on Children and Youth created by Executive Order No. 310, s. 1971, are hereby abolished and their functions not inconsistent herewith, together with all applicable appropriations, funds, records, equipment, properties, and such personnel as may be necessary are transferred to the Department.
Likewise, the funds raised by the Sports Development Foundation of the Philippines, Inc., which were originally intended for the support of the Philippine Amateur Athletic Federation shall be segregated as far as practicable and transferred to the Department.
Section 16. Exemption of Income and Properties from Taxes. All donations and contributions to the Department in connection with its fund-raising projects shall be deductible in full from gross income for income tax purposes.
Section 17. Transitory Provisions. National sports associations accredited by the Philippine Amateur Athletic Federation shall continue to exist and discharge their usual functions subject to the supervision of the Department. They shall be given a reasonable period of time to conform to such additional standards, rules, and regulations which the Department may establish in conformity with those of the International Olympic Committee and the various international sports federations of which the national sports associations may be members.
Section 18. Appropriations. The Department shall be financed from appropriations of the abolished Child and Youth Research Center, the Philippine Amateur Athletic Federation, and the Physical Education and Sports Center Development Commission; the funds transferred from the Sports Development Foundation of the Philippines, Inc., receipts of at least three (3) sweepstakes races a year from the Philippine Charity Sweepstakes Office, any law to the contrary notwithstanding and such supplemental appropriations recommended by the Department to the President within ninety (90) days from its creation to implement this Decree.
Thereafter, in addition to the funds generated by the three (3) sweepstakes races a year, the Department shall submit its annual budget to be included in the General Appropriation Act.
Section 19. Repealing Clause. Republic Act Nos. 3135 and 5078 and all other existing laws, rules and regulations, and orders, or parts thereof inconsistent with this Decree are hereby repealed, revoked, or modified accordingly.
Sec. 20. Separability Clause. If any provision of this Decree is declared unconstitutional, the same shall apply only to the provision and the remainder hereof remains valid.
Sec. 21. Effectivity. This Decree shall take effect upon its approval.
DONE in the City of Manila, this 10th day of December, in the year of Our Lord, nineteen hundred and seventy-four.