WHEREAS, on December 10, 1974, the Department of Youth and Sports Development (DYSD) was created under Presidential Decree No. 604 to integrate nationwide youth development and amateur sports development programs;
WHEREAS, while the DYSD is the primary government instrumentality tasked with youth programs and development, it needs as much assistance as it can secure, especially from the private sector, in view of the nature and magnitude of its area of involvement;
WHEREAS, there is a need to support youth and sports development programs and projects through the provision of materials, equipment, human resources, management, financing and related services, channeled through an institution designed to supplement such a Department;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, pursuant to the powers vested in me by the Constitution, do hereby order and decree, as part of the law of the land, as follows:
SEC. 1. Name Location. — There is hereby created a body corporate to be known as the National Youth and Sports Development Foundation of the Philippines, hereinafter referred to as the Foundation, with its main executive offices in Metro Manila.
SEC. 2. Purposes and Objectives. In general, the Foundation as a non-municipal public corporation, shall render maximum assistance primarily to the DYSD in the attainment of the defined tasks and objectives of the department. In addition, the Foundation shall have the following purposes and objectives:
SEC. 3. Establishment of a National Youth and Sports Development Fund. — All properties of the Foundation, real and personnel, shall belong to and be managed exclusively by it for the benefit of the Filipino people. All income that may be derived from its programs and projects and such contributions thereto shall constitute a National Youth and Sports Development Fund which shall be invested or utilized for such purposes as its governing board may decide upon to attain the objectives of this Decree.
SEC. 4. Corporate Powers. — To fulfill its purposes, the Foundation shall have the following powers:
SEC. 5. Domicile — The principal office of the Foundation shall be established in Metropolitan Manila. The Foundation may also have branches or offices at such other place or places within or without the Philippines as the operation and activities of the Foundation may require.
SEC. 6. Board of Trustee — The governing powers and authority, of the Foundation shall be vested in and exercised by a Board of Trustees, which shall be composed of one Chairman who shall be the President of the Philippines and six (6) members, three representatives each from the government and the private sector, all of whom shall be appointed by the President.
The trustees shall not receive any compensation or remuneration for their services as such, but they may be reimbursed for actual expenses incurred in discharging the business of the foundation.
SEC. 7. Responsibilities of the Board. In the exercise of the powers granted to it under this Decree, the Board of Trustees shall:
SEC. 8. President of the Foundation. The Board of Trustees shall appoint a President of the Foundation who shall be its chief executive officer and shall receive such compensation and remuneration to be fixed by the Board. He shall have the following powers and duties:
SEC. 9. Management Support — To ensure an effective policy and programs coordination, the Department of Youth and Sports development shall provide the necessary management staff support as nay be needed by the Foundation to attain its defined objectives.
SEC. 10. Government Donation — To help carry out the provisions of this Decree, the National Government may allocate (P5,000,000.00) by way of donation to the Foundation.
For this purpose the amount of P5 million out of the General Fund is hereby authorized to be appropriated and shall be released to the Foundation upon the availability of funds.
SEC. 11. Exemption from Taxes — Any donation, contribution, bequest, subsidy or financial or financial aid which may be made to the Foundation shall be exempt from taxes of any kind, and shall constitute allowable deductions in full from the income of the donor or giver for income tax purposes.
Foreign contributions or donations to the Foundation shall constitute allowable deductions in full from the income tax of the branch, affiliate or subsidiary corporation of the donor doing business in the Philippines.
The Foundation, its assets, acquisition, income and its operations and transactions shall be exempt from any and all taxes, fees, duties, dues, charges, imposts, licenses and assessments, direct or indirect, imposed by the Republic of the Philippines or any of its instrumentality, political subdivision or taxing authority thereof, any provision of existing laws to the contrary notwithstanding.
SEC. 12. Non-Applicability of WAPCO Standard and Scales; Exemption from Civil Service Rules and Regulations — The Foundation shall not be subject to standards and salary scales prescribed by the Wage and Position Classification Office. The Foundation shall likewise be exempt from Civil Service rules and regulations.
SEC. 13. Disposition of Assets Upon Dissolution — In the event of dissolution of the Foundation, its remaining assets, after the return of the government's donation and payment of other liabilities, shall be disposed of and turned over to any foundation institution dedicated to the same or similar pursuits as the foundation, or to the Republic of the Philippines or any of its agencies or instrumentalities, as the Board of Trustees may determine.
SEC. 14. Repealing Clause — All laws, executive orders, administrative issuances, rules and regulations inconsistent with the foregoing provisions are hereby repealed or accordingly notified.
SEC. 15. Separability Clause — If any provision of this Decree is declared invalid or unconstitutional, the remainder thereof shall not be affected.
SEC. 16. Effectivity — This Decree shall take effect immediately.
DONE in the City of Manila, this 25th day of January, in the year of Our Lord, nineteen hundred and seventy-eight.
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
By the President: (Sgd.) JACOBO C. CLAVE Presidential Executive Assistant