Republic Act No. 4059: An act establishing the philippine coconut research institute, defining its objectives, powers and functions, authorizing the appropriation of funds therefor, and for other purposes

REPUBLIC ACT No. 4059

An Act Establishing the Philippine Coconut Research Institute, Defining its Objectives, Powers and Functions, Authorizing the Appropriation of Funds Therefor, and for Other Purposes

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Name and Location

There is hereby created the Philippine Coconut Research Institute, hereinafter referred to as the PHILCORIN, with its main executive office in the City of Manila.

The PHILCORIN shall be under the supervision and coordination of the National Science Development Board.

Section 2. Purposes and Objectives

The PHILCORIN shall have the following purposes and objectives:

(a)To conduct scientific researches and investigations on:

(1)the botanical and genetical aspects of coconut improvement;

(2)the agronomical problems relating to coconut culture;

(3)the etiology and control of "kadang-kadang" and other diseases of coconut; and (4) the biology and control of important insect pests of coconut;

(b)To compile scientific information and disseminate results of scientific and technological researches on coconut; and (c) To train people for the development of the coconut industry.

Section 3. General Corporate Powers

The PHILCORIN shall have perpetual succession, with power to sue and be sued; to contract and be contracted with; to hold such real and personal property as shall be necessary for corporate purposes; to receive real and personal property by gift, devise, or bequest; to adopt a seal and alter the same; to promulgate and adopt by-laws, rules and regulations not inconsistent with the provisions of this Act; and, generally, to do all such acts and things as may be necessary to carry into effect the provisions of this Act.

Section 4. Specific Powers

The PHILCORIN is authorized and directed:

(a)To establish or help establish, maintain, and operate one central research center and such other research centers and sub-stations in any part of the Philippines as may be deemed necessary;

(b)To procure materials, supplies, and equipment as may be necessary to prosecute successfully its researches and experimental works;

(c)To conduct scientific and technological seminars, conventions and conferences of coconut researches or send delegates and observers to such conferences and conventions;

(d)To solicit, receive and award grants, bequests and donations given for the purpose of aiding scientific and technological research and investigation on coconut to government and private institutions; and (e) To secure patent rights to its inventions and discoveries and to exploit the same.

Section 5. Composition of the Board of Trustees

The corporate powers of the PHILCORIN shall be vested in and exercised by a Board of Trustees, which shall be composed of the Chairman of the National Science Development Board, who shall serve as Chairman; the Chairman of the Philippine Coconut Administration; the Dean of the U. P. College of Agriculture; the Director of the Bureau of Plant Industry; one recognized scientist to be appointed for a term of three years by the Chairman of the National Science Development Board; two representatives of coconut growers; one representative of coconut manufacturers or processors; and one representative of coconut exporters: Provided, That of the representatives of coconut growers first appointed, one shall serve for one year, the other for two years, and thereafter every representative so appointed shall serve for two years; the representative of the coconut manufactures/processors shall serve for two years; and the representative of the coconut exporters first appointed shall serve for one year, and thereafter every representative so appointed shall serve for two years: Provided, However, That the representatives of coconut growers, & the representative of coconut manufacturers/processors and the representative of coconut exporters shall be appointed by the corresponding organization of coconut growers, coconut manufacturers/processors or coconut exporters, whichever may be the case, having the largest amount of donations to the support and maintenance of the PHILCORIN during the next preceding fiscal year: Provided, finally, That the term of office of the representatives from the private sector shall commence on July first, of the corresponding year.

The Vice-Chairman of the Board of Trustees shall be elected from among the representatives of the coconut growers, manufacturers, and exporters mentioned above.

Representatives of foreign organizations, associations or entities extending assistance and support to PHILCORIN shall act as advisers and may participate in the deliberations of the Board: Provided, That said representatives shall not be entitled to vote on any matter taken by the Board.

Section 6. Powers of the Board of Trustees

The Board of Trustees shall have the following powers and duties:

(a)To formulate plans and programs, and to promulgate such policies, procedures, rules and regulations consistent with the proper and effective implementation of the purposes of the PHILCORIN;

(b)To receive and administer funds provided by law for the support of the Institute; and (c) To receive in trust legacies, gifts and donations of real and personal property of all kinds and to administer the same in accordance with the directions and instructions of the donor and, in default thereof, in such manner as it may in its discretion determine.

Section 7. Compensation of Members of the Board

The members of the Board of Trustees, shall receive a per diem of fifty pesos each per session of the Board: Provided, That the monthly total of such per diems for each member shall not exceed two hundred pesos.

Section 8. Managing Head of the Institute

The management of the PHILCORIN shall be vested in a Director of the Institute who shall be chosen by the Board of Trustees. No persons shall be appointed as Director of the Institute unless he is a graduate of an agricultural college of recognized standing with at least the degree of master of science in the field of plant science or an allied field and shall have at least five years experience in research and/or management of a research institution.

Section 9. Powers and Duties of the Director of the Institute

The Director of the Institute shall have the following powers and duties:

(a)To direct and manage the research function and business of the PHILCORIN on behalf of the Board of Trustees and in accordance with the policies promulgated by said Board;

(b)To sit in all meetings of the Board of Trustees and participate in its deliberations without the right to vote;

(c)To submit within sixty days after the close of each fiscal year an annual report to the Board of Trustees; and (d) To perform such duties and exercise such powers as may be assigned or delegated to him by the Board of Trustees.

Section 10. Tax Exemption

All transactions, including importations, undertaken by PHILCORIN in pursuance of its purpose shall be from any and all taxes.

Any gift, donation, or contribution which from time to time may be made to PHILCORIN shall be considered allowable deductions from the income of the donor or giver for income tax purposes.

Section 11. Appointment of Personnel

The Chairman shall, upon recommendation of the Director of the institute and subject to the approval of the Board of Trustees, appoint such technical and administrative personnel as may be necessary to carry out the assigned functions of the PHILCORIN.

Section 12. Exemption from WAPCO

Provisions of law to the contrary notwithstanding, all officials and employees appointed under this Act, except those who belong to the clerical and janitorial classification, shall be exempt from the provision of laws, rules and regulations on wage and position classification.

Section 13. Appropriation

To carry out the purposes of this Act, including the operation of the PHILCORIN, the acquisition and improvement of the land on which the centers, laboratories and offices of the PHILCORIN shall be situated, the construction, maintenance, and repair of buildings and improvements, and the acquisition of furniture, fixtures and equipment, the sum of one million six hundred thousand pesos every year for a period of five years and one million pesos every year thereafter is hereby authorized to be appropriated out of any funds in the National Treasury not otherwise appropriated.

Section 14. Philippine Coconut Research Fund

All income, donations, grants, bequests and unexpended balances of PHILCORIN shall accrue to a fiduciary fund, to be known as the Philippine Coconut Research Fund, which shall be expended for the purposes of this Act upon the approval and final authority of the Board of Trustees, the provisions of existing laws to the contrary notwithstanding.

Section 15. Repealing Clause

All Acts, executive orders, administrative orders, proclamations, rules and regulations, or parts thereof, inconsistent with any of the provisions of this Act are repealed or modified accordingly.

Section 16. Date of Effectivity

This Act shall take effect upon its approval.

Approved: June 18, 1964.

For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.

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