RECONSTITUTING THE NATIONAL GRAINS AUTHORITY TO THE NATIONAL FOOD AUTHORITY, BROADENING ITS FUNCTIONS AND POWERS AND FOR OTHER PURPOSES

WHEREAS, it is imperative to strengthen national strategy
for the integrated growth and development of the food industry to insure
adequate and continuous supply at reasonable prices;

WHEREAS, the functions and powers of the National Grains
Authority, created under P.D. No. 4 as amended by P.D. No. 699 and 1485, are
limited to the grains industry;

WHEREAS, integrated growth and development of the entire
food industry requires the expansion of the functions and powers of the National
Grains Authority to cover other basic food commodities;

NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the
owners vested in me by the constitution, do hereby Order and Decree:

SECTION 1. Short Title. This Decree shall be known as
National Food authority Act.

SEC. 2. Declaration of Policy. — It shall be the
declared policy of the State to promote the integrated growth and development of
the food industry so it can adequately function as an institution conscious of
its social responsibilities, capable of maintaining an adequate and continuous
food supply and of contributing its proper share to the economy.

SEC. 3. National Food Authority. — The National
Grains Authority is hereby transferred into the National Food Authority which
shall be a government corporation attached to the Office of the President.

SEC. 4. Scope. — is used in this Decree, the term
“Food Industry” shall include, in addition to those enumerated in Section 2 of
Presidential Decree No. 4, as amended, raw/fresh and/or
manufactured/processed/packaged food products.

SEC. 5. Applicability of Presidential Decree No. 4 as
amended by Presidential Decree Nos. 699 and 1485. — Except as Otherwise
herein provided, the provisions of Presidential Decree No. 4, as
amended by Presidential Decree Nos. 699 and 1485, shall govern the National Food
Authority and shall be applicable to other food commodities mentioned in the
immediately preceding paragraph as the National Food Authority Council may
determine from time to time.

SEC. 6. Composition of the National Food Authority
Council. — The Council shall be composed of the following:

The Minister of Human Settlements
The Administrator, National Food
Authority
The Minister of Agriculture
The Minister of Finance
The
Minister of Industry
The Minister of Trade
The Governor, Central Bank of
the Philippines
The Chairman, Development Bank of the Philippines
The
President, Philippine National Bank
The President, Land Bank of the
Philippines
A Representative of the Office of the President

The Chairman shall be the Minister of Human settlements and the Vice-Chairman
shall be the administrator of the National Food Authority. The administrator of
the National Food Authority shall be appointed by the President of the Republic
of the Philippines.

The Council shall meet regularly at least once a month on any date to be
determined by the Chairman Provided: That the Chairman may convene
special meetings to discuss urgent matters. The Council Members shall be
entitled to per diem of not less than EIGHT HUNDRED PESOS (P800.00) for each
meeting actually attended by them and such other remuneration as may be
determined by the Council.

The Management of the Authority shall be vested in an administrator who shall
have the rank of a Minister and shall be assisted by two (2) Deputy
Administrators and as many Assistant Administrators as may be determined by the
Council and whoso respective qualifications shall be the same as those provided
for in the said Decree.

The Administrator shall receive a compensation, to be determined by the
Council in accordance with the provisions of pertinent compensation law.

SEC. 7. Additional Powers, Functions and Exemptions.
— In addition to the powers, functions and exemptions of the authority
under P.D. No. 4, as amended, the Authority shall have the following powers,
functions and exemptions:

1. To acquire ownership of, by purchase or otherwise, and/or to invest in,
   hold, sell or otherwise dispose of, stocks or bonds or any interest in either,
   or any obligation or evidence or indebtedness; of any corporation, public or
   private, domestic or foreign, or the bonds or other obligations or evidence of
   indebtedness of any corporation.
2. So register, license arid supervise persons, natural or juridical, who shall
   engage or are enraging in the wholesale, retail, processing, manufacturing,
   storage, transporting, packaging, importation, exportation of food
   products/commodities and such other related to food activities and to prescribe,
   impose and collect fees, charges and/or surcharges, with the approval of the
   President of the Philippine upon recommendation of the Council.
3. To import/export or cause the importation/ exportation of food
   products/commodities and/or raw materials, equipment and facilities needed in
   the manufacture/processing of food commodities as may be determined by the
   Council, and as approved by the President of the Philippines.
4. To establish or cause the establishment of branches or agencies, domestic or
   foreign, whenever deemed necessary by the Council.
5. To engage in the production, manufacturing, processing and/or packaging of
   food products/commodities as may be necessary to effectively carry out its
   functions and as approved by the President of the Philippines.
6. To establish and or re-structure its own internal organization and to fix
   the remunerations, emoluments, allowances and other fringe benefits of its
   officers and employees, subject to the provisions of pertinent compensation law
   and regulations.
7. To create and establish, a “Provident Fund” which shall consist of
   contributions made both by the Authority and its officers and employees to a
   common fund for the payment of retirement and other benefits to such officers
   and employees or their heirs under such terns and conditions as the Council may
   fix.
8. h. She subsidiaries of the authority and those which may be subsequently
   acquired and/or hereinafter created by law and/or owned/controlled and/or
   organized by the Authority shall enjoy the tax exemptions and other privileges
   and rights of the authority when specifically approved by the President of the
   Philippines.

SEC. 8. Food Terminal, Inc. —The investments and
loans Is well as related obligations incurred, of the Human Settlements
development Corporation in the Food Terminal, Inc., shall be transferred to the
authority, as such valuation as may be approved by :he President of the
Philippines upon recommendation of the Commission on Audit.

The terms of payment for net assets transferred shall be as mutually agreed
upon.

SEC. 9. Capitalization. — The authority shall have
an authorized capital stock of five billion pesos, divided into fifty million
shares or par value of ore hundred pesos each. These shares shall be wholly
subscribed and paid by the national government, local government units, or other
government owned be controlled corporations.

The accumulated capital stock and surpluses of the National Grains Authority
shall be evaluated and shall be the initial laid in capital of the authority.
The national government shall lake additional equity investments into the
authority out of funds appropriated in the General appropriations Act and other
appropriations laws as may be approved by the President in accordance with the
fund requirements of the Authority and funds availability in the Treasury.

SEC. 10. Funding.

1. Official development assistance to the Philippine government are channeled
   through the Authority, including food aid, shall be recorded on the books of the
   authority as laid in capital when received in the form of loans, except there
   otherwise approved by the President of the Philippines, In which case they may
   be recorded as subsidies to the Authority.
2. Payments made by the national government on loans drawn y or for the
   authority and the National Grains authority shall be recorded as payments of
   equity, except where otherwise approved by the President in which case they say
   be recorded as subsidies, to the Authority.
3. The national government nay subsidize the operations if the authority out of
   funds appropriated in the annual appropriations Acts, in such amount and at such
   times as approval y the President of the Philippines.
4. The funding and organizational provisions in B.P. No. 80 intended for the
   national food programs, including hose provided as special financing program
   seed fund, cooperatives loans, livelihood projects, in the Ministry of
   Agriculture, the Office of the President, the Ministry of Human Settlements
   shall be reviewed by the Council, which shall recommend to the President the
   appropriations transfers and realignment of responsibilities in order to be
   consistent with he purposes of this Decree. Appropriations transferred shall
   form part of the equity investment into the Authority. These review shall be
   conducted with the participation of the Chairman, Presidential Commission on
   Reorganization and the Minister of the Budget.
5. The Authority is hereby empowered to negotiate with the government and
   domestic private lending institutions for credit facilities at preferential
   rates.
6. The Control Bank of the Philippines shall rediscount local procurement and
   importation of papers of the National Food Authority under such terms and
   conditions as cay bb determined by the Monetary Board, which shall give
   preferential treatment as to interest rate, maturity raid loan value.

SEC. 11. National Government Guarantee. The
Authority shall he guaranteed by the government of the Philippines upon approval
of the President of the Philippines.

SEC. 12. Rules and Regulations. The authority shall
promulgate such rules and regulations as may be necessary to effectively
inclement and carry out the provisions of this Decree, such rules and
regulations shall take effect fifteen (15) days following their publication once
in at least one daily newspaper of general circulation.

SEC. 13. Repealing Clause. — All laws, orders and
proclamations, rules and regulations, or parts thereof, inconsistent with the
provisions of this Decree are hereby repealed, emended or modified
accordingly.

SEC. 14. Separability Clause. — If any port,
section or provision of this Decree be held invalid or unconstitutional, no
other part, section or provision thereof shall be affected thereby.

SEC. 15. This Decree shall take effect immediately.

DONE in the City of Manila, Philippines, this 14th day of January, in the
year of Our Lord, nineteen hundred and eighty-one.

			(Sgd.) FERDINAND E. MARCOS President of the Philippines
	By the President:
	(Sgd.) JOAQUIN T. VENUS, JR.
		Deputy Presidential Executive Assistant