Presidential
Decree No. 102
AMENDING
REPUBLIC ACT NUMBERED SIXTY-ONE HUNDRED AND SEVENTY-THREE, OTHERWISE KNOWN AS
THE OIL INDUSTRY COMMISSION ACT, BY AUTHORIZING THE OIL INDUSTRY COMMISSION TO
GRANT PROVISIONAL RELIEF, BY MAKING DECISIONS OF THE COMMISSION REVIEWABLE BY
THE
NATIONAL ECONOMIC DEVELOPMENT AUTHORITY, BY AUTHORIZING THE COMMISSION TO
USE ANY UNOBLIGATED BALANCE OF ITS INITIAL
APPROPRIATION EVEN AFTER FISCAL YEARS 1971 AND 1972, TO USE FEES COLLECTED IN
THE PERFORMANCE OF QUASI-JUDICIAL AND REGULATORY FUNCTIONS, TO DISBURSE ITS SPECIAL
FUND ON THE BASIS OF SPECIAL BUDGET, AND FOR OTHER PURPOSES
WHEREAS, under
Presidential Decree No. 56 dated November 17,
1972, the Oil Industry Commission, among other agencies, has been placed under
the administrative supervision of the
National Economic Development Authority,
hereinafter referred to as the
NEDA, the highest
development planning body of the country, for the purpose of providing the
all-important link between the regulatory functions of the Commission and the
development orientation required for a more effective performance of its
functions;
WHEREAS, to enable the
NEDA to exercise more effective supervision and control over the Oil Industry
Commission, it is necessary that all the decisions and orders of said
Commission be made reviewable by the
NEDA in the
light of their development implications;
WHEREAS, to expedite proceedings in the Oil Industry Commission and to provide
the said Commission with more flexibility in resolving urgent cases, it is also
necessary to grant the Commission express power to issue provisional orders and
decisions of the Commission;
WHEREAS, there was pending before Congress prior to the promulgation of
Proclamation No. 1081 dated September 21, 1972, a proposed amendment to
Republic Act Numbered Sixty-one Hundred and Seventy-Three;
WHEREAS,
said proposed amendment bearing H.B. No. 5165 and S.B. No. 895, would, among other things, authorize the Oil
Industry Commission to use the application, registration, inspection and other
fees and charges that it collects in the discharge of its quasi-judicial and
the regulatory functions;
WHEREAS, there is a need to grant the said authority to the Oil Industry
Commission to augment its funds for operational expenses and enable it to carry
out more effectively its objectives under the law;
WHEREAS, while Sections fourteen and fifteen of Republic Act
Numbered Sixty-One hundred and seventy-three provide for the source of funds
for the operational expenses of the Oil Industry Commission, the sum of P 1,500,000
is likewise appropriated in the current General Appropriations Act (Republic
Act No. 6551) for the budgetary use of the same Commission, thereby making it
necessary to clarify the funding of the said Commission;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines and pursuant to
Proclamation No. 1081 dated September 21, 1972, and General Order No. 1 dated
September 23, 1972, as amended, do hereby order, decree and declare the
following amendments to
Republic Act No. 6173 which are hereby adopted,
approved, and made part of the law of the land:
SECTION 1. Section
eleven of
Republic Act Numbered Sixty-one Hundred and seventy-three is hereby amended to read as follows:
“SEC. 11. Review of Commissioner’s Order; Commission’s Authority to Grant
Provisional Relief. – A party adversely affected by a decision or any order of the
Commission in the exercise of its powers subject to hearing, may, within a
period of seven (7) days from receipt of said decision or order, appeal in
writing, stating clearly and distinctly the grounds relied upon, to the
National Economic Development Authority,
which shall have exclusive authority and jurisdiction to review, reverse, modify
or amend the same. The decision or order of the Commission shall
be final, unless reversed, altered or modified, either
on appeal or on review motu propio within
the period hereinbelow stated. The
National Economic Development Authority
shall decide the appeal on the basis of the record of
the proceedings had before the Commission and without requiring a re-hearing,
within thirty (30) days after the decision or order of the Commission shall
have been submitted thereto.
“The
National Economic Development Authority shall likewise have the power to
review, motu propio, any decision or order of the Oil Industry Commission, to
determine whether the same is in accord with the policies and guidelines
formulated by the
National Economic Development
Authority. For the purpose, certified copies of all
decisions, orders and rulings of the Commission shall
be forwarded to the
National Economic
Development Authority immediately upon promulgation thereof. Should the
National
Economic Development Authority decide to exercise this power, it shall so
advise the Oil Industry Commission within thirty (30) days after receipt of the
decision, order or ruling.
“The decision of the
National Economic Development Authority, on appeal or
after review motu propio, shall
be final. Unless the
National Economic
Development Authority directs otherwise, appeal or motu propio review shall not stay execution
or implementation of all decisions or orders of the Oil Industry Commission,
which shall be executory upon the expiration of seven
(7) days after their promulgation.
“The Commission may, upon the filing of an application,
petition or complaint or at any stage thereafter, and without prior hearing, on
the basis of supporting papers duly verified and authenticated, grant
provisional relief on motion of a party in the case or on its own initiative,
without prejudice to a final decision after hearing, should the Commission find
that the pleadings, together with such affidavits, documents and other evidence
which may be submitted in support of the motion, substantially support the
provisional order.
“This section shall apply to all pending proceedings in the Commission.”
SEC. 2. Section
fourteen of the same
Act is hereby amended to read as
follows:
“SEC. 14. Appropriations. –
For the proper implementation of this Act, the sum of one million five hundred
thousand pesos is hereby appropriated out of any funds in the
National Treasury not otherwise
appropriated for the operating expenses of the Commission for the fiscal years
nineteen hundred and seventy-one and nineteen hundred and seventy-two. Any unobligated
balance of this initial appropriation may, however, still be used by the
Commission in subsequent fiscal years.
“Beginning with fiscal year nineteen hundred and seventy-three, the operational
expenses of the Commission shall be drawn from fees and charges collected under
the authority of Section 15 of this Act and from application, licensing,
registration and other fees or charges collected by the Commission in the
exercise of its quasi-judicial and regulatory functions.”
SEC. 3. Section
fifteen of the same
Act is hereby amended to read as
follows:
“SEC. 15. Additional
Fee on Importation and turn-over of collections;
release to the Commission is Ministerial.
– Effective July one, nineteen hundred and
seventy-one, there shall be levied, assessed and collected, an additional fee
of one tenth of one per cent of CIF value of crude oil and petroleum products
imported into the
“The
Commissioner of Customs shall turn over the Collections to the
Treasurer
of the
“The special fund of the Commission shall be disbursed on the
basis of principal and supplementary budgets duly approved by the Commission,
subject to the provisions of C.A. 246, as amended: Provided,
That, at the end of each fiscal year, beginning with fiscal year nineteen
hundred and seventy-four all unobligated balances in
excess of five hundred thousand pesos shall accrue to the general fund.”
SEC. 4. Any
provision of the General Appropriations Act for Fiscal Year 1973,
Republic Act No. 6173, and of all other Acts, laws, executive orders, administrative orders,
rules and regulations or parts thereof which are inconsistent herewith are
hereby repealed or amended accordingly.
SEC. 5. This
Decree shall take effect immediately.
Done in the City of
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