AMENDING SECTION 4 OF PRESIDENTIAL DECREE NO. 388

WHEREAS, a need exists to re-define and broaden the
functions and powers of the Philippine Sugar Commission created under
the provisions of Presidential Decree No. 388, dated February 2, 1974;

WHEREAS, it has become necessary to include within The
functions and powers of the Philippine Sugar Commission to restore,
maintain, regulate and exercise exclusive control and supervision over
sugar planters and or sugar producers marketing cooperatives already in
existence under laws before their appeal by the provisions of
Presidential Decree No. 175, and those created pursuant to the same
provisions of Presidential Decree No. 175, in order to effectively
promote the integrated development scheme of the sugar industry.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution,
and upon the recommendation of the sugar planters, millers and traders
of the Philippines through their associations and cooperatives, do
hereby decree and order the creation of the Philippine Sugar Commission
as follows:

SECTION 1. Section 4 of Presidential Decree No. 388 is
hereby amended to read as follows:

Section 4. Powers and Functions.—The Commission
shall have the following powers and functions:

1. To establish policies pertaining to all phases of the sugar
   industry; and to inquire into other aspects of the sugar industry with a
   view to improving existing methods and system;
2. To enter into contracts, transactions or
   undertakings of whatever nature which are necessary or incidental to
   its functions and objectives with any natural or juridical person and
   with any foreign government, private corporation, partnerships,
   institutions, or private individuals;
3. To levy and collect charges, fees and contributions to
   finance its operation for social amelioration of the workers in the
   industry, and for such other purposes as the Commission may determine.
   The amount of the fees, charges and contributions shall be subject to
   the approval by the President;
4. To act as the single buying and selling agency of sugar on
   the. quedan-permit level, in order to promote the effective
   merchandising and distribution of sugar;
5. To determine the floor-ceiling price of sugar which will
   insure the planters, millers, traders, wholesalers, and retailers a fair
   return on their investments: Provided, That such floor-ceiling
   price of sugar for any crop year shall be the total anticipated
   cost of production per picul of sugar as determined by the Commission
   plus a corresponding reasonable margin of profit set by the Price
   Control Council or any other government agency authorized to regulate
   prices of commodities and service after taking into consideration the
   effects of devaluation and other economic factors affecting production,
   processing, marketing, transportation and other related expenses
   including the minimum wage for agricultural and industrial
   workers; Provided, further, That the floor-ceiling price
   established by the Commission shall be adjusted in direct relation to
   significant changes in the cost of production as determined by the Com
   mission and the Consumers Price Index prepared by the Central Bank of
   the Philippines;
6. To promulgate rules and regulations to carry into effect the
   provisions of this Decree and impose penalties for the violation
   thereof;
7. To assume control and/or supervision of any sugar mill or
   refinery that has failed to meet its financial and other contracted
   obligations for two years or has become inefficient in its operation;
8. To organize, register, regulate and maintain exclusive
   control and supervision over sugar planters and sugar producers
   marketing cooperatives and to restore those existing under laws before
   their repeal by the provisions of Presidential Decree No. 175; Provided,
   however, that during the time the Commission under Presidential
   Decree No. 388 is not officially constituted, the function provided
   herein shall be exercised by the Sugar Quota Administration;
9. To allow sugar planters and/or sugar producers marketing
   cooperatives to enjoy privileges and incentives heretofore granted under
   laws of their creation before their repeal by the provisions of
   Presidential Decree No. 175 and those granted by all government agencies
   to business organization under existing laws; Provided, that the
   requirements imposed therein are complied with: Provided, further,
   that pre-existing sugar planters and/or sugar producer’s marketing
   cooperatives shall be entitled to the same attributes and grant of
   privileges and incentives as those created under existing laws; and, Provided,
   finally, That these pre-existing sugar planters and/or sugar
   producers marketing cooperatives shall apply or petition for
   re-registration with the Commission within a period of six (6) months
   from the date of promulgation of this Decree, and its existence shall be
   deemed to continue until the application or petition is approved or
   denied;
10. To determine the manner and extent by which powers,
    privileges and incentives provided by existing laws shall be exercised
    or enjoyed; Provided, that the Commission shall promulgate rules
    and regulations to govern the promotion, organization, registration,
    re-registration, control and supervision of all sugar planters and sugar
    producers marketing cooperatives;
11. To suspend the operation or cancel the registration of any
    sugar planters and/or sugar producers marketing cooperatives after
    hearing and when in its judgment based on findings, such cooperative is
    operating in violation of this Decree, rules and regulations, existing
    laws as well as the by-laws of the sugar cooperatives;
12. To perform such other functions as are necessary and
    incidental to its purposes and objectives.

The Commission shall submit to the President of the Philippines
periodic reports of its survey, studies and investigations, together
with its recommendations, for appropriate action.

SEC. 2. Repealing Clause—All laws or parts of laws
inconsistent herewith are hereby repealed.

SEC. 3. Effectivity—This amendatory provision shall
take effect immediately.

Done in the City of Manila, this 24th day of August, in the year
of Our Lord, nineteen hundred and seventy-five.