Presidential Decree No. 79, as amended revising the Population Act of Nineteen Hundred and Seventy One
(Creation of the Commission on Population, Purposes/Objectives, Duties and Functions)

   


Date:    December 8, 1972

Source:    Population Policy Manual Vol. No. 3

Subject:    Creation of the Commission on Population, Purposes/Objectives, Duties and Functions

Text:

Section 4.  Purposes and Objectives. The POPCOM shall have the following purposes and objectives:

  1. To formulate and adopt coherent, integrated and comprehensive long-term plans, programs and recommendations on population as it relates to economic and social development consistent with and implementing the population policy which shall be submitted to and approved by the President;

  2. To make comprehensive studies of demographic data and expected demographic trends and propose policies that affect specific and quantitative population goals;

  3. To organize and implement programs that will promote a broad understanding of the adverse effects on family life and national welfare of unlimited population growth;

  4. To propose policies and programs that will guide and regulate labor force participation, internal migration and spatial distribution of population consistent with national development;

  5. To make family planning a part of a broad educational program;

  6. Family Planning Service, which shall formulate plans, policies, programs, standards and techniques relative to family planning in the context of health and family welfare; provide consultative, training and advisory services to implementing agencies; and conduct studies and research related to family planning;

  7. To establish and maintain contact with international public and private organizations concerned with population problems;

  8. To provide family planning services as a part of overall health care; and

  9. To make available all acceptable methods of contraception, except abortion, to all Filipino citizen desirous of spacing, limiting or preventing pregnancies.

Section 5.  Duties and Functions of the POPCOM. The POPCOM shall have the following duties and powers:

  1. To employ or authorize the employment by participating agencies in the national family planning, health and welfare program of physicians, nurses, and midwives and other persons to provide, dispense and administer all acceptable methods of contraception to all citizens of the Philippines, desirous of spacing, limiting, or preventing pregnancies: Provided, that, the above mentioned persons except physicians for the purpose of contraception, have been trained and duly certified by the POPCOM;

  2. To undertake such action projects as may be necessary to promote the attainment of this Decree and to enter, in behalf of the Republic of the Philippines, into such contracts, agreements or arrangements with the government or private agencies as will be necessary, contributory or desirable in the implementing thereof;

  3. To undertake, promote and publish information, studies and investigations on Philippine populations in all its aspects;

  4. To utilize clinics, pharmacies as well as other commercial channels of distribution of family planning information and contraceptives; and

  5. To call upon and utilize any department, bureau, office agency or instrumentality of the Government for such assistance as it may require in the performance of its functions.

Section 6.  Board of Commissioners.  All the functions and powers of the Population Commission shall be vested in and exercised by a Board of Commissioners, hereinafter referred to as the Board, composed of eleven (11) members from the government and three (3) members as representatives of the private sector, as follows:

The Secretary of Social Welfare and Development

The Director-General of the National Economic and Development Authority

The Secretary of Health

The Secretary of Local Government

The Secretary of Labor and Employment

The Secretary of Agriculture

The Secretary of Agrarian Reform

The Secretary of Trade and Industry

The Secretary of Public Works and Highways

The Secretary of Education, Culture and Sports

The Director of the University of the Philippines Population Institute

Three Private Sector Representatives who shall be appointed by and serve at the pleasure of the President of the Philippines.

The Board shall elect the Chairman from among its members.

Section 7. Powers and Duties of the Board. The Board shall have the following powers and duties:

  1. To adopt and prescribe policies, rules, regulations and procedures for the government of the POPCOM and to modify, amend or repeal the same;

  2. To receive, evaluate, modify and approve project proposals on population matters from whatever source and to coordinate and evaluate their implementation in accordance with the approved plans and programs;

  3. To approve the annual and or supplemental budget of POPCOM as maybe submitted to it by the Executive Director from time to time; and

  4. To perform such other duties as maybe assigned to it by the President of the Philippines.

Section 8. The Chairman. The Chairman of the Board of the Population Commission shall have the following powers and duties:

  1. To call and preside over the meeting of the Board;

  2. To review, and with the concurrence of the Board, authorize major policies and programs as a whole;

  3. To appoint, with the approval of the Board, the Executive Director and such number of Deputy Executive Directors and Regional Directors as the exigencies of the service may require and recommend to the Board their respective compensation and the suspension and removal of said officials for cause;

  4. To submit to the President an annual report and such periodic-reports as may be necessary on the accomplishments and program of the POPCOM;

  5. To accept, on behalf of the POPCOM, gifts, grants, or donations and administer, obligate and disburse the same in accordance with the provisions of this Decree;

  6. To constitute committees consisting of members of the Board of such other experts and consultants from both the private and public sectors as are deemed necessary to conduct studies for the POPCOM or to assist in the discharge of its functions and, subject to the approval of the Board, authorize the payment of honoraria or additional compensation and commutable travelling allowances for services rendered, except to the members of the Board;

  7. To delegate to the Executive Director, subject to the approval of the Board, any of the powers vested in him as may be necessary in the performance of functions; and

  8. To perform such other duties as may be assigned to him by the Board from time to time.

Section 9. Meetings. The Board shall meet at least once every four months or oftener at the call of the Chairman. Eight (8) members of the Board shall constitute a quorum and no action shall be considered as a decision of the Board unless it carries the affirmative vote of at least (8) members present and voting. The members of the Board who are government officials shall serve without additional compensation.

Section 10. Executive Director, Powers and Duties. The management of the POPCOM shall be vested in an Executive Director, to be appointed by the Chairman, subject to the approval of the Board. The Executive Director shall have the following powers, duties and responsibilities:

  1. To direct and manage, as Chief Executive Officer, the affairs of the POPCOM, in accordance with policies enunciated by the Board;

  2. To sit in all meetings of the Board and participate in its deliberation without the right to vote; to recommend and, upon approval by the Board, establish and maintain an organization structure with specific functions and responsibilities for each operating unit;

  3. In consultation with the Chairman and with the approval of the Board, to appoint and fix the number of such officials below the deputy executive director and employees of the POPCOM as may be necessary for the proper discharge of its functions and responsibilities and, to remove, suspend and otherwise discipline, for just cause, any subordinate personnel thereof;

  4. To disburse, administer and obligate appropriations of the POPCOM, subject to the approval of the Board;

  5. To submit annual and/or such supplemental budget estimates to the Board of Commissioners, through the Chairman;

  6. To recommend, for approval of the Board, policies, programs and project proposals on population matters from whatever source and to submit recommendations for the effective coordination and implementation of approved programs and projects; and

  7. To perform such other duties as may be assigned to him by the Board and the Chairman from time to time.

Section 11. Personnel. The POPCOM shall have such personnel as may be necessary for the performance of its basic functions and such other personnel as may be assigned or detailed from other agencies of the Government. All positions, except technical and professional staff and such other positions as the Board may declare to be highly technical, policy determining or primarily confidential, shall be subject to Civil Service rules and regulations and coverage of the plans of the Wage and Position Classification Office. Provided, that, all personnel shall be entitled to the benefits and privileges normally accorded to government employees, such as retirement, GSIS, Insurance, leave and similar matters. Provided, further, that in the appointment and promotion of employees, merit and efficiency shall serve as basis, and no political test or qualification shall be prescribed and the POPCOM shall be the final authority on appeals on personnel matters concerning its professional and technical personnel.

Section 12. Donations. The POPCOM shall be authorized to receive grants, donations or gifts, in whatever form and from whatever source. Provided, that, said grants, gifts, or donations shall be administered, obligated and disbursed in accordance with the terms thereof, or in the absence of such terms, in such manner as majority of the Board may in its discretion determine. Provided, finally, that, said grants, gifts, donations shall be subject only to such limitations as the grantor, giver or donor may impose as accepted by the POPCOM.

Section 13. Appropriations. The sum of fifteen million pesos is hereby appropriated annually out of any funds in the National Treasury not otherwise appropriated, as operating funds of the POPCOM starting in the fiscal year nineteen hundred and seventy four; Provided, that, out of this sum shall be disbursed the equivalent of the amount of Three Hundred Fifty Thousand Dollars as annual contribution of the Republic of the Philippines to the United Nations Fund for Population Activities; Provided, further, that, at least seventy-percent of said amount of $350,000 shall be used annually to finance population projects in the Philippines pursuant to this Act which are approved by the United Nations Funds for Population Activities. Provided, finally, that, said amount may be increased or decreased in the succeeding years by POPCOM in accordance with its financial position. This appropriations shall hereafter be included in the annual General Appropriation Act.

Section 14. Repeal. All laws, orders, issuances, rules and regulations or parts thereof inconsistent with this Executive Order are hereby repealed or modified accordingly.

Section 15. Separability.  If for any reason, any part of this Act is declared unconstitutional or invalid, no other provision of this Act shall be affected thereby.

Section 16. Effectively.  This Decree shall take effect immediately.

 

   
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