[ PRESIDENTIAL DECREE NO. 78, December 08, 1972 ]
ESTABLISHING THE PHILIPPINE ATMOSPHERIC, GEOPHYSICAL AND ASTRONOMICAL SERVICES ADMINISTRATION.
WHEREAS, there were pending before Congress prior to the
promulgation of Proclamation No. 1081, dated September 21, 1972, certain
priority measures vital to the national development program of the Government,
and which were duly certified by the President as urgent measures;
WHEREAS, one of these priority measures is the "Atmospheric,
Geophysical and Astronomical Science Act of 1972," S. No. 940, establishing the
Philippine Atmospheric, Geophysical, and Astronomical Services Administration,
introduced in the Senate;
WHEREAS, the "Atmospheric, Geophysical and Astronomical
Science Act of 1972" is necessary for the successful prosecution of the
Government's program to mitigate or reduce the losses to life, properly, and the
economy of the nation occasioned by typhoons, floods, droughts, and other
destructive weather disturbances;
NOW, THEREFORE, I, FERDINAND E. MARCOS, Commander-in-Chief
of all the Armed Forces of the Philippines, and pursuant to Proclamation No.
1081, dated September 21, 1972, as amended, in order to achieve the Government's
avowed objective of providing environmental protection and utilizing scientific
knowledge as an effective instrument to ensure the safety, well-being, and
economic security of all the people, and for the promotion of national progress,
do hereby order and decree that the "Atmospheric, Geophysical and Astronomical
Science Act of 1972," as follows, with some modifications, shall be as it is
hereby adopted, approved and made part of the law of the land:
SECTION 1. Title. — This Act shall be known and
cited as the "Atmospheric, Geophysical and Astronomical Science Act of
1972."
SEC. 2. Declaration of Policy. — It is hereby
declared to be the policy of the State to provide protection against natural
calamities and utilize scientific knowledge as an effective instrument to insure
the safety, well-being, and economic security of all the people, and for
promotion of national progress.
In the implementation of the foregoing policy, the Government shall in
accordance with the provisions of this Act:
- Intensify research efforts in the atmospheric, geophysical and astronomical
sciences and furnish incentives for same;
- Undertake measures to further minimize the adverse effects of natural
disasters such as typhoons, floods, earthquakes, and tsunamis (seismic sea
wave);
- Recommend progressive innovations in the educational system of the country
in order to infuse greater awareness of the growing needs for protection against
natural calamities so that said system will provide a steady source of competent
scientific personnel and technological manpower;
- Facilitate the acquisition, collection, archiving, and processing of
atmospheric geophysical and astronomical data and making same available in
usable form for the benefit of agriculture, commerce and industry, and the
general public;
- Promote coordination and cooperation in atmospheric, geophysical and
astronomical science research, to obtain consolidated efforts and minimize
duplication thereby optimizing results;
- Establish weather stations in strategic places throughout the country
including Batanes, Camarines Norte, Camarincs Sur, Albay, Sorsogon, Samar and
Romblon.
SEC. 3. Philippine Atmospheric, Geophysical and Astronomical
Services: Powers Duties and Functions. — To carry out the provisions of the
preceding section, there is hereby created a Philippine Atmospheric, Geophysical
and Astronomical Services Administration herein referred to as "PAG-ASA" which
shall be under the Department of National Defense with the following functions,
powers and duties, among others:
- To observe and report the weather of the Philippines and specified adjacent
areas issue forecasts and warnings of weather and flood conditions affecting
national safety, welfare and economy;
- To undertake in coordination with other agencies, activities geared towards
the moderation of typhoons availing of modern scientific and technological
advances in order to reduce their destructive potentials while retaining their
beneficial effects and also to undertake other weather modification projects;
- To conduct continuous earthquake recording and observation through an
adequate seismological network throughout the country to gather as much
information as may be necessary to provide basis for determination of safety
factors in the design of building structures and infrastructures and also to
serve as contributions to researches leading to earthquake prediction; issue
advisories and precautionary measures to areas affected by strong earthquakes
for the welfare of the people thereat;
- To coordinate with international organizations in tsunami (seismic sea wave)
and typhoon warning dissemination particularly to the coastal regions of the
Philippines bound to be affected;
- To provide and disseminate the precise standard time of the Philippines; to
maintain and operate an adequate satellite tracking and monitoring system
especially for weather surveillance and for other astronomical information; to
observe, analyze and interpret varied astronomical phenomena and collate
observational data for publication and exchange with foreign observatories:
- To provide for an adequate communications system for efficient reception and
transmission of meteorological, seismic and astronomical reports or information
d from field stations throughout the country and to provide the same for an
efficient international weather communication system for exchange of weather
information with other countries as reported from land, sea and air;
- To coordinate with other national agencies in pre-disaster and community
pre-paredness planning to minimize losses of lives and property due to natural
disasters such as typhoons, floods, earthquakes, and tsunami;
- To collect, process, archive, publish, disseminate atmospheric, geophysical
and astronomical data for use by agriculture, commerce, industry, the scientific
and engineering community, and the general public; and coordinate national
activities in meteorological, geophysical and astronomical data problems with
the world scientific organizations;
- To conduct fundamental and applied research and investigations and
experiments needed to achieve advances in applied meteorological, geophysical
and astronomical fields in cooperation with the University of the Philippines
and other science agencies; and provide the training facilities to meet the
country's need for meteorological, geophysical and astronomical personnel; and
- To accept donations in the form of equipment, scholarship awards, sites for
stations, buildings, etc., from local and/or foreign sources to promote the
objectives of the PAG-ASA.
SEC. 4. Major Organizational Units: Powers, Duties and
Functions. — The PAG-ASA shall be composed of the following major
organizational units: National Weather Service, National Atmospheric,
Geophysical and Astronomical Information Service, and National Institute of
Atmospheric, Geophysical and Astronomical Sciences.
- The National Weather Service shall undertake operational activities
pertaining to the observation, moderation, modification and reporting of the
weather within the Philippine area of responsibility and issue forecasts and
warnings of weather and flood conditions affecting national safety, welfare and
economy.
- The National Atmospheric, Geophysical and Astronomical Data Service shall
undertake activities concerning the acquisition, collection, quality control,
processing and archiving of atmospheric and allied data, to include among
others, meteorological, seismic, oceanographic and astronomical data and
observations and making same available in usable form for the benefit of
agriculture, commerce and industry. This Service shall also conduct continuing
studies of Philippine Climatology, Agrometeorology, Solar Radiation; Wind
Effects, or Gustiness and other such technological studies vital to national
progress.
- The National Geophysical and Astronomical Service shall undertake activities
or observations and studies of Geophysical and Astronomical phenomena essential
for the safety and welfare of the people and also for the economy of the
country. The Service shall issue bulletins and/or technical advice to the public
in case of significant geophysical events like severe earthquake's, and tsunami,
and shall also serve as the official time service agency of the Philippines.
- The National Institute of Atmospheric, Geophysical and Astronomical Sciences
shall undertake activities to develop a high level of knowledge in the
atmospheric, geophysical and astronomical sciences to provide for an adequate
manpower supply of well-trained scientists and technological personnel in the
country with respect to these fields. The Institute shall also conduct
researches in Atmospheric Science (especially in weather modification among
others), in Geophysics and in Astronomy.
SEC. 5. Administrator, Head of Major Organizational
Units, Other Personnel. — The PAG-ASA shall be headed by an Administrator
with a compensation equivalent to that of a class-A Bureau. The Administrator
shall be appointed by the President of the Philippines, subject to the
confirmation of the Commission on Appointments. He shall hold office during good
behavior and shall not be removed therefrom except for cause. He shall be a
citizen of the Philippines with proven executive ability who shall have
distinguished himself in science and technology: Provided, That no one
shall be appointed Administrator who is already holding an appointive or
elective position in a concurrent capacity in the Government. Each head of major
organizational units of PAG-ASA shall be a citizen of the Philippines with
proven executive ability who shall have achieved distinction in the particular
field of National Service.
All subordinate personnel of PAG-ASA below the rank of head of service or
institute shall be appointed by the Administrator upon recommendation of the
respective head of service or institute, in accordance with applicable Civil
Service Laws and Rules.
SEC. 6. Powers and Duties of the Administrator. —
To implement the policies and objectives of the PAG-ASA as provided for
in this Act, the Administrator shall have the following functions, duties and
powers, among others:
- To promulgate such rules and regulations as may be necessary for the conduct
and exercise of the essential functions of the organization;
- To exercise supervision and control over all units under the Administration;
- To delegate authority for the performance of any function to officers and
employees under his direction;
- To prescribe the office hours for employees of the PAG-ASA engaged in
meteorological, geophysical, astronomical and other technical work in order to
maintain a continuous 24 hours watch as necessary;
- When necessary, duty beyond prescribed hours especially during the
occurrence of very inclement weather, tropical cyclones, earthquakes, and
tsunamis, may be required of any employee in the meteorological, geophysical and
astronomical or any of its other services as directed by the Administrator. He
may authorize corresponding overtime pay for services in excess of 40 hours a
week on the regular rate plus at least twenty-five per centum
additional: And provided, further, That such overtime pay shall be
charged against the appropriation for the purpose or from salary savings of the
agency;
- In order to stimulate keen interest in research work among the scientific
personnel of the Agency, a research incentive pay may be authorized by the
Administrator in the form of fixed increment amounting to fifteen per cent of
the researcher's monthly salary for each month for a period of one year to the
researcher concerned following the completion and publication of his research
work: Provided, however, That the award shall be made only after the
technical paper is duly presented and defended in a scientific seminar
prescribed for by the Administrator;
- To provide at government expense compatible with available resources, living
quarters for such personnel who by the nature of their duties are to be on call
24 hours a day; and
- To submit within sixty days after the close of each fiscal year, an annual
report to the Secretary of National Defense.
SEC. 7. Authority to Procure Scientific Equipment.
— Any provision of law and regulation to the contrary notwithstanding, the
Administrator is hereby authorized subject to the approval of the Secretary of
National Defense to conduct sealed bids and/or canvass of the foreign and/or
local market without the intervention of the Bureau of Supply Coordination in
the procurement of instruments, materials, equipment and supplies of technical
and scientific nature from local or foreign manufacturers.
SEC. 8. Authority to Make Disbursement in Actual
Emergency. — Any provision of law and regulation to the contrary
notwithstanding, the Administrator is hereby authorized, in case of natural
calamities related to the functions of the PAG-ASA, to disburse an amount not
exceeding fifty thousand pesos a month from the funds of the PAG-ASA
appropriated for specified purposes or from savings, without seeking prior
authority or approval from any other office. In making such disbursements, the
Administrator shall be answerable only to the Secretary of National Defense and
the President of the Philippines, and in no case shall said disbursements be
made except during an actual real emergency and for strictly official
expenditures of the PAG-ASA.
SEC. 9. Hazardous Duty Pay During National
Calamities. — In case of natural calamities, any officer or employee of the
Administration, during the time that he is performing official duties or
function involving exposure to personal danger, shall be entitled to additional
compensation to be determined by the Administrator and approved by the Secretary
of National Defense, exclusive of the usual per diems and other allowances:
Provided, That in no case shall the total amount of such additional
compensation exceed twenty-five per cent of his annual salary for a period of
one year.
SEC. 10. Appropriations. — The sum of fourteen
million pesos is hereby authorized to be appropriated, out of any funds in the
National Treasury not otherwise appropriated, in addition to the current budget
of the Weather Bureau, to carry into effect the provisions of this Act. Of this
amount, ten million pesos shall be used exclusively for the purchase of modem
weather equipment to rehabilitate, update, upgrade and replenish the worn out,
defective, old and burned facilities; four million pesos shall be for capital
outlay, personnel and other operating expenses of the PAG-ASA.
SEC. 11. Transfer of Personnel, Property. —The
Weather Bureau is hereby abolished. The present personnel, records, assets,
liabilities, funds, and unexpended balance of the appropriation of the Weather
Bureau shall be transferred to PAG-ASA. The incumbent Director of the Weather
Bureau shall continue to be the Administrator of the PAG-ASA. In his capacity as
Administrator he is authorized to reorganize, subject to the limitations imposed
by this Act, the internal organization of the Administration, whenever advisable
for purposes of efficiency and economy: Provided, That any major
reorganization shall be subject to the approval of the Secretary of National
Defense.
SEC. 12. Repeal of Inconsistent Laws. — All laws,
orders, proclamations, rules and regulations, or parts thereof, which are
inconsistent with any provisions of this Act, are hereby repealed or modified
accordingly.
The implementation of the "Atmospheric, Geophysical and Astronomical Science
Act of 1972" as herein adopted, approved, and decreed shall be carried out
effective from date hereof as a modification of the Integrated Reorganization
Plan under Presidential Decree No. 1.
All concerned shall act accordingly pursuant to the contents of this
Decree.
Done in the City of Manila, this 8th day of December, in the year of Our
Lord, nineteen hundred and seventy-two.
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(Sgd.) FERDINAND E. MARCOS President
Republic of the Philippines |
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By the President: |
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(Sgd.) ALEJANDRO MELCHOR |
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Secretary Executive |
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