PRESIDENTIAL DECREE NO. 285, September 03, 1973

AUTHORIZING THE COMPULSORY LICENSING OR REPRINTING OF EDUCATIONAL, SCIENTIFIC OR CULTURAL BOOKS AND MATERIALS AS A TEMPORARY OR EMERGENCY MEASURE WHENEVER THE PRICES THEREOF BEC…

Presidential Decrees September 3, 1973



WHEREAS, the spiralling of prices of educational, scientific
or cultural books and materials has reached very serious proportions;

WHEREAS, it is in the national interest that such books and
materials be made available to everybody at the least cost; and

WHEREAS, this can be achieved by the compulsory licensing
and reprinting of both domestic and foreign educational, scientific or cultural
books and materials, as a temporary or emergency measure, whenever their prices
become exorbitant;

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 22, 1972, do hereby order and decree as follows:

SECTION 1. Whenever the price of any educational, scientific
or cultural book, pamphlet and other written materials, whether of domestic or
foreign origin, has become so exorbitant as to be detrimental to the national
interest, as determined and declared by a committee composed of the Secretary of
Education and Culture, the Director-General of the National Economic and
Development Authority and the Chairman of the Media Advisory Council, such book,
pamphlet or written material may be reprinted by the Government or by any
private printer or printers for a limited period and only for the purpose of
making the same available to the people at reasonable cost.

SEC. 2. The reprinted books, pamphlets and materials shall
bear proper acknowledgment of the source, authorship, copyright proprietors and
past printers, if known, as well as the names and addresses of the reprinter or
reprinters. If abbreviated or edited m any manner, such fact shall be stated.
The following inscription shall also appear on the covers thereof: “Export of
this Book or material from the Philippines is punishable by law. The export of
such reprints under any circumstance is hereby prohibited.

SEC. 3. The reprinting of the above books, pamphlets and
materials shall be subject to the condition that the reprinter shall pay, in
local currency, a royalty of three per centum (3%) of the gross selling price,
if so demanded by the authors, publishers or copyright proprietors concerned,
whoever is legally entitled thereto: Provided, That in the ease of non
resident authors, publishers or copyright proprietors, the payment of the
royalties shall be made only to them personally in the Philippines or their
respective representatives or branch offices in the Philippines.

SEC. 4. Any person, natural or juridical, who shall violate
the provisions of this Decree shall, upon conviction thereof, be punished by
imprisonment of not less than six months nor more than two years and a fine of
not less than Five Thousand Pesos nor more than Ten Thousand Pesos. If the
violation is committed by a firm, company or corporation, the manager or person
in charge of the management of the business thereof shall be responsible
therefor. Books and materials printed or published or exported in violation of
this Decree shall be immediately confiscated and the establishment that printed
or published or exported them shall forthwith be closed and its operations
discontinued.

SEC. 5. The Committee herein named shall promulgate rules
and regulations for the implementation of this Decree.

SEC. 6. This Decree shall take effect immediately, the
provisions of any law, decree, executive order, treaty or executive agreement to
the contrary notwithstanding.

Done in the City of Manila, this 3rd day of September, in the year of Our
Lord, nineteen hundred and seventy-three.

 

(Sgd.) FERDINAND E. MARCOS
President

Republic of the Philippines

   

 

By the President:  
 
(Sgd.) ROBERTO V. REYES  
  Assistant Executive Secretary