Executive Order No. 90

 

 

ESTABLISHING THE PHILIPPINE RELIEF AND TRADE REHABILITATION ADMINISTRATION, DISSOLVING THE PHILIPPINE RELIEF AND REHABILITATION ADMINISTRATION AND THE NATIONAL TRADING CORPORATION; AND REORGANIZING THE NATIONAL COOPERATIVES ADMINISTRATION

 

Pursuant to the powers vested in me by Republic Act Numbered Fifty-one, I, Manuel Roxas, President of the Philippines, do hereby order–

 

SECTION 1.  There is hereby created a non-stock quasi-public corporation under the name, style, and title of the “Philippine Relief and Trade Rehabilitation Administration,” which, in short, shall be known as the “PRATRA.”  This Corporation shall exist for a period of thirty years from the effective date of this Order.

 

SEC. 2.  The PRATRA shall have its main office and principal place of business in the City of Manila.

 

SEC. 3.  The PRATRA shall have the following powers, duties, and functions:

 

(a)      To act as the agency and representative of the Government of the Republic of the Philippines in dealing with the United Nations Relief and Rehabilitation Administration or with other international relief agencies;

 

(b)      To plan, coordinate, and administer the activities for the relief of victims of war and other public calamities, such as providing food, clothing, shelter and other basic necessities, and medical and other essential services;

 

(c)      To coordinate the procurement and equitable distribution of supplies and equipment for relief and rehabilitation;

 

(d)      To study and formulate plans for accelerating the rehabilitation and reconstruction of Philippine agriculture, industry and trade;

 

(e)      To undertake the prevention of monopolization, hoarding, injurious speculation, manipulation, private control, and profiteering affecting the supply, distribution, and movement of foods, clothing, fuel, and other articles of prime necessity;

 

(f)       To find ways and means of encouraging and assisting Filipino retailers and businessmen such as by supplying them with merchantable goods at prices that will enable them to compete successfully in the open market;

 

(g)    To acquire foods, clothing, fuel, fertilizers, chemicals, construction materials, implements, machinery, equipment, required in agriculture and industry, and other articles or commodities of prime necessity, both imported and locally produced or manufactured, for sale in such manner and at such prices as may be determined by the Board of Directors:  Provided, however, That all purchases for stock of such supplies, materials and equipment in excess of three months’ requirements shall be subject to specific approval in each case by the Board of Directors herein created;

 

(h)      To enter into negotiations and contracts with other agencies and branches of  the Government and public or private corporation or associations for the manufacture or distribution of goods that it may consider necessary to insure the availability of the supply thereof in the interest of public welfare and the national economy;

 

(i)       To lease, purchase, or otherwise acquire land, buildings, factories, or other facilities which may be necessary to carry out its objects, and to enter into any kind of contract or agreement incident thereto;

 

(j)       Subject to the approval of the President of the Philippines to contract loans or incur indebtedness, or otherwise secure credit facilities for its business enterprises; and

 

(k)      To exercise all the powers of a corporation under the Corporation Law in so far as they are not inconsistent with the provisions of this Order.

 

SEC. 4.  On the date this Order takes effect, the Philippine Relief and Rehabilitation Administration and the National Trading Corporation are dissolved.

 

SEC. 5.  The personnel, records, properties, assets, rights, chooses in action, obligations, liabilities, and contracts of the Philippine Relief and Rehabilitation Administration and the National Trading Corporation are hereby transferred to, vested in, and assumed by the PRATRA,  and all their businesses and affairs shall be liquidated, assumed, and continued by the PRATRA.

 

SEC. 6.  All the balances of appropriations under the control of the National Cooperatives Administration set aside or earmarked for the purchase of merchandise, supplies, materials, equipment, or tools for resale to cooperative associations or stores, and any merchandise, supplies, materials, equipment, or tools purchased for such purpose in the possession of the National Cooperatives Administration, as well as all personnel and records pertaining thereto, shall be transferred to the PRATRA, which shall thereafter exercise the purchasing and distributing functions of the National Cooperatives Administration.

 

SEC. 7.  Any reference to the Philippine Relief and Rehabilitation Administration, to the National Trading Corporation, or to the National Cooperatives Administration in any Act of the Philippine Legislature, or of the National Assembly, or of the Congress of the Philippines, or in any of the President of the Philippines shall, with respect to any duty or function assumed by the corporation created in this Order, be deemed hereafter to be a reference to the PRATRA.

 

SEC. 8.  The affairs and business of the PRATRA shall be directed, its powers exercised, and its properties managed and controlled by a Board of Directors consisting of a Chairman and six members who shall be appointed by the President of the Philippines with the consent of the Commission on Appointments.  They shall hold office at the pleasure of the President of the Philippines and they shall each be entitled to a per diem for each meeting actually attended at such amount as may be fixed by the President.

 

SEC. 9.  The Board of Directors shall, with the approval of the President of the Philippines, appoint and fix the salary of a General Manager, who shall, on behalf of the Board, and subject to its control and supervision, direct and manage the affairs and business of the corporation.

 

SEC. 10.  The General Manager shall, with the approval of the Board, appoint and fix the number and salaries of such subordinate personnel as may be necessary for the proper discharge of the duties and functions of the PRATRA.

 

SEC. 11.  Unless otherwise directed by the President of the Philippines, the PRATRA is authorized to sell only to the following:

 

(a)      Cooperative associations the existence and operation of which are duly certified by the head of the government office charged with the promotion, organization, and supervision of existing cooperative associations and those that may hereafter be lawfully constituted;

 

(b)      Corporations which are members of the private domestic corporation denominated “Union of Provincial Trading Corporations,” certified by the Director of Commerce or other duly constituted authority having jurisdiction over the same to be such members and to be under his supervision in the matter of the sale and distribution of goods obtained from government sources or from corporations owned or controlled by the Government;

 

(c)      Retail stores owned by natural or juridical persons who are citizens of the Philippines or duly registered and authorized to do business in the Philippines and not members of associations or corporations mentioned in (a) and (b):  Provided, That no sales shall be made to any of these stores unless the owner or manager thereof certifies that the goods purchased shall be sold to the general public;

 

(d)      Natural and juridical persons and unincorporated and unregistered associations and institutions which, before the effective date of this Order, were lawfully authorized to make regular purchases from the Philippine Relief and Rehabilitation Administration; and

 

(e)      Natural persons who are citizens of the Philippines.

 

SEC. 12.  All Acts or parts of Acts and all Executive Orders, Administrative Orders, and Proclamations or parts thereof inconsistent with any of the provisions of this Order are hereby repealed or modified accordingly.

 

SEC. 13.  If any provisions of this Order should be held invalid, the other provisions shall not thereby be affected.

 

SEC. 14.  This Executive Order shall take effect as of August first, nineteen hundred and forty-seven.

 

Done at the City of Manila, this 10th day of September, in the year of Our Lord, nineteen hundred and forty-seven, and of the Independence of the Philippines the second.

 

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