M a n i l a



WHEREAS, active participation by the government is necessary to accelerate industrial growth in various sectors of industry and the different regions of the country;

WHEREAS, the development of small and medium industries creates permanent employment opportunities and mobilizes human, financial and physical resources especially in the non-urban areas which may otherwise remain unutilized, promotes rural industrialization and expands the middle class sector of the economy;

WHEREAS, additional industrial policy instruments are needed to help cope with abrupt and unforeseen changes in world economic conditions that hamper the stability of and progress of industrial development, and to maintain the responsiveness of Philippine industry to the needs of the economy and the people;

WHEREAS, to attain the above objectives, there is need to restructure its operating units and to strengthen the powers of the Department of Industry;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the powers vested in me by the Constitution, do hereby decree as part of the law of the land the following:

Section 1. Paragraph b, Section 3 of Presidential Decree No. 488 is further amended to read as follows:

"The Department shall have the following powers and functions:

a. . . .

b. Encourage, guide and, if necessary, regulate the establishment, growth and expansion of industries and firms within these industries; and for this purpose, (1) it may, after due notice and hearing, establish orderly marketing arrangements for locally produced and imported manufactured goods, and for raw materials used by manufacturing and construction industries, including the adoption of measures to regulate the import or export of a particular manufactured product, or industrial material: provided, such marketing arrangements shall require approval by the National Economic and Development Authority if its duration exceeds three (3) months; and that such action is immediately appealable to the said Authority without stay of execution pending approval; (2) it may formulate the appropriate mechanics to guide and regulate transfer of industrial technology in the country; (3) it may require registration of firms above a specified size in any or all industrial sectors or of specific industry groupings, for licensing purposes, or as a condition to the firm's availment of financial, fiscal or other incentives or assistance from the government; and (4) it may adopt other regulatory measures deemed necessary to carry out the aforestated functions after consultation with appropriate agencies."

Section 2. Paragraph e, Section 3 of Presidential Decree No. 488 is further amended to read as follows:

"e. Coordinate with other government agencies, particularly the Department of Trade, in the formulation and implementation of measures to increase exports of manufactured products, and to enforce quality standards for manufactured goods; for this purpose, it shall assume responsibility and authority for the establishment, review and enforcement of quality standards, for specific manufactured products so designated by the National Economic and Development Authority through the formation or designation of the appropriate bodies equipped to perform specific testing and inspection activities."

Section 3. Reconstitution of the Commission on Small and Medium Industries. Section 6 of Presidential Decree No. 488, as amended by Presidential Decree No. 769, is hereby amended, to read as follows:

"Sec. 6. Commission on Small and Medium Industries. There is hereby created in the Department, a Commission on Small and Medium Industries, which shall among others be responsible for coordinating policies and programs for technical, marketing, purchasing and promotional assistance rendered by various government agencies, to small and medium scale industries. For this purpose, it shall set up programs and plans for an integrated approach in the promotion of small and medium scale industries, as well as conduct studies, surveys and researches in connection therewith, for the consideration of the member agencies represented in the Commission and other agencies in government involved in small and medium industries. The following agencies shall be duly represented in the Commission:

(a) Department of Local Government and Community Development for coordination with local governments

(b) Department of Trade for the establishment of marketing infrastructure for small & medium industries

(c) U.P. Institute for Small Scale Industries for entrepreneurial & managerial training

(d) National Power and Youth Council for technical & skills training

(e) Development Bank of the Philippines for direct financing assistance

(f) National Economic and Development Authority/Industrial Guarantee and Loan Fund for credit and loan guarantee program

(g) Central Bank of the Philippines/Rural Banks for credit and financing policies

(h) Department of Agriculture for agro-industrial project development

(i) Department of Natural Resources for utilization of natural resources in small & medium industries

(j) National Science and Development Board for technology research and assistance

(k) Bureau of Small and Medium Industries for identifying the opportunities and assisting in setting up small and medium industries

Each of the above agencies shall nominate a senior official for the purposes of coordination, consultation and liaison. They shall also represent their offices in Commission meetings, which shall meet twice a month with appropriate per diems for such attendance. For a fuller integration of policies and programs on small and medium industries, other agencies involved in providing assistance to or exercising licensing or other functions over individual activities of said industries may be requested from time to time to coordinate with the Commission with respect to their respective programs affecting small and medium industries.

The Commission shall be headed by one of the Undersecretaries of the Department as Chairman to be assisted by a Vice-Chairman or vice-chairmen designated by him from among the representatives of the agencies represented in the Commission Administrative authority and responsibility for all the Commission projects and programs shall be vested in the Chairman of the Commission."

Section 4. Section 6-A is hereby added to Presidential Decree No. 488, as amended to read as follows:

"Sec. 6-A. Bureau of Small and Medium Industry. There is hereby created in the Department, a Bureau of Small and Medium Industries, which shall be responsible for providing direct functional assistance to entrepreneurs to accelerate the growth and development of small and medium industries to their full potentials and opportunities. The Bureau shall establish regional centers to provide small and medium industries with comprehensive program of consultancy assistance on regional projects. It shall also identify the opportunities for and promote the organization of small and medium industry projects in the countryside. For this purpose, the Bureau shall provide assistance to small industry entrepreneurs in their preparation of required project documentation, particularly in raising financing for new projects, or expansion of existing enterprises, engaged in small and medium industry production operations."

"The Bureau may set up divisions as may be necessary to carry out these functions."

Section 5. Section 7-A is hereby added to Presidential Decree No. 488, as amended to read as follows:

"Sec. 7-A. Technology Transfer Board. There is hereby created a Technology transfer Board within the Department of Industry composed of representatives, with rank not less than a Director, from the National Economic and Development Authority, Central Bank of the Philippines, National Science and Development Board, Technology Resource Center, Board of Investments and Patents Office under the Chairmanship of the Secretary of Industry or his representative, which shall have the following functions:

(a) Formulate policies, including a system of priorities, which would promote an integrated approach to the developmental and regulatory rules of the government in the field of technology transfer;

(b) Issue rules and regulations for the effective, efficient and economic implementation of policies and guidelines relative to technology transfer;

(c) Establish a system for coordinating all governmental activities on technology transfer and ensure continuing and meaningful interaction among various government agencies, particularly with respect to the determination of the impact of technology transfer on national development;

(d) Serve as forum for the continuing interchange of ideas and information among the concerned government agencies, the private sector and the general public on policy issues, problems and alternative approaches relating to technology transfer; and

(e) Perform such other functions as may be necessary for the accomplishment of its objectives.

In the performance of the above functions, the Board assisted by a technical staff, shall formulate its rules and regulations, such as requiring registration of technology transfer arrangements entered into directly or indirectly with foreign companies or foreign-owned companies and impose appropriate sanctions for the implementation of its rules and regulations."

Section 6. Revised Staffing Pattern. The Department shall have the personnel complement necessary to carry out all the functions assigned to it and shall submit the corresponding staffing pattern to the Budget Commission for review and approval.

Section 7. Repeal. Any and all acts, statutes, decrees, rules, regulations or part thereof inconsistent herewith are hereby repealed or modified accordingly. The provisions of Sec. 33-A, B and C of Republic Act 165, as amended is specifically repealed in so far as industrial technology is concerned.

Section 8. Effectivity. This Decree shall take effect immediately.

DONE in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.

The Lawphil Project - Arellano Law Foundation