sreaita P.D.No. 135 Today is Thursday, March 22, 2012 The LAWPHIL Project ‘PALIPPINE LAWS AWD JURISPRUDENCE DATABANK MALACANANG Manila PRESIDENTIAL DECREE No. 135 February 22, 1973 (CREATING THE FERTILIZER INDUSTRY AUTHORITY WHEREAS, fertiizer is a vital input to food production and must therefore be supplied in adequate quantties at the lowest possible cost; WHEREAS, w ord feriizer prices have increased drastically in recent months WHEREAS, the domestic feriizer market has elerrents of disorganization leading to higher distribution costs; WHEREAS, there is a need to insure the viabilty of the fertizer industry in which the government has. substantial financial interests; WHEREAS, the national interest demands the maximum production utitzation of all installed fertitzer production capacity in the country and the rationalization of allfertlizer irportations of the industry; WHEREAS, the objectives for the fertlizer industry can be most expeditiously accomplished through greater government participation and control through a centralized government authority; NOW, THEREFORE. |, FERDINAND E MARCOS, President ofthe Phiippines, by virtue of the pow ers 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 Seplember 22, 1972, as amended, do hereby create the Fertiizer Industry Authority to regulate, control and develop the fertiizer industry in the Phiippines w th the end in view of assuring the agricultural sector of adequate fertiizer supply at the low est possible cost, Section 1. The Fertizer industry Authority, which shall have juriscicion over all existing and potential manufacturers and suppliers of feriizer and fertlizer inputs, shall have the follow ing functions: 1. To control and regulate the prices, terms mark-ups, distribution channels, promotion, storage and other marketing factors in the domestic fertiizer market; 2. To establish and implement regulations governing the import and export of fertizer inputs, and when necessary, to itse¥f andlor export such tems; 3, To control and regulate all aspects of domestic ferizer production, including the utiization of idle capacity and orderly expansion of the industry. 4, To control and assist inthe financing of the importation of fertilzer and ferlizer inputs, of production of inventory and w orking capita, and of the expansion of the industry; 5. To do all such things as may be necessary to maintain an adequate supply of fertlizers tothe domestic market at reasonable prices w hile maintaining the long-term viability ofthe industry. Section 2. The Ferlzer Industry Authorty shall be composed ofthe folow ing officials or thei representatives: 1. Secretary of Agriculture and Natural Resources, Chairman, 2. Secretary of Finance, Member 3. Chaieman, Board of hvestments, Merber 4. Governor, Central Bank, Member 5. President, Piflppine National Bank, Member ‘The Author is empow ered to create the positon of Executive Director and other subordinate officials. as may be required. All managerial and technical postions shall spectficaly exert from WAPCO and Gvi Service requirements. ‘The Authority shall be supported by a Secretariat to be supplied intially by the Department of Agriculture and Natural Resources untllsuch timo as the Authority can creato is own stat?sreaita P.D.No. 135 worldwide; 2, To establish and enforce sales quotas, production schedules, distribution areas and such other marketing regulations as may be necessary to assure market stabilty and viable operations in the industry; 3. To determine and set the volumes and prices, both wholesale and retal, of fertizer and fertizer inputs; 4, To negotiate and enter into contracts for all imports and exports of fertiizer and fertilizer inputs; 5. To import fertizer and fertlizer inputs exempt from customs duties, compensating and sales taxes and all other taxes for a period of two years from date hereof, unless earber terminated or later extended by the President, and to sell or convey such fertilizer or fertilizer input to any individual association, partnership, or corporation ikew ise exert fromthe payment of customs duties and all other taxes. 6. To control and regulate all rarketing companies, w hether importer, indentor, wholesaler or retailer; 7. To regulate and control quality of the different grades of fertiizer and to set new grades when necessary; 8. To compel the utlizaton of unused or underutlized capacities of fertilizer companies and to drect any improvements, modifications or repairs as may be necessary to accomplish this; 2, To approve or to reject the establishment of new fertiizer or feriizer input plants and the expansion or ‘contracting of existing capacities: 10. To promote and coordinate all fertizer research: 11, To obtain complete access to all pertinent information on the operations of the industry, including ‘audited andlor unaudited financial statements, marketing, production, and inventory data 12. To call upon anyone in the ferttzer industry or in industries related to the fertizer industry or any ‘other government agency to assist the Authorty in carrying out its functions; 13. To establish and impose appropriate penalties on the fertizer manufacturers, distributors, dealers, Wholesalers, retailers and raw-materials suppliers for violaions of any rule, quota, or guideline established by the Authoriy; and 14, To do any and all acts not contrary to law or existing decrees and regulations as may be necessary to carry out the functions of the Authority; Section 4. The Ferilizer Industry Authority may delegate such selected privileges, powers, or authority as may be allowed by law to corporations, cooperatives, associations, or individuals as may presently exist or be organized to assist the Authority in carrying out is functions. Section 5. The Fortiizer Industry Authorty shall constitute itself immediately and shall exist for five (5) years fromthe date ofthis Decree, unless earlier abolished by the President of the Philippines. Section 6. This Decree shall take effect immediately, Done in the Cay of Manila, this 22nd day of February, in the year of Our Lord, nineteen hundred and seventy- three. Troan Pct Alan Lan Fn a ros