Amendment to P.D. 285 on Reprinting Educational Books

Presidential Decree No. 400 is issued by the President by virtue of the powers vested by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines.
Presidential Decree No. 400 is issued pursuant to Proclamation No. 1081 dated September 21, 1972 and General Order No. 1 dated September 22, 1972.
Presidential Decree No. 400 directs that Presidential Decree No. 285 be amended by specified modifications and additions.

Section 1 authorizes reprinting of educational, scientific, or cultural written materials when their prices become so exorbitant as to be detrimental to the national interest, as determined by a designated committee.
The authority to reprint is triggered by an official determination and declaration by the committee described in Section 1.

Section 1 applies to educational, scientific or cultural books, pamphlets, and other written materials.
Section 1 covers materials of domestic or foreign origin.
Reprinting is allowed only when the price of the material has become so exorbitant as to be detrimental to the national interest, as determined and declared by the committee composed of the specified officials.
Reprinting may be done by the Government or by a private printer under the conditions listed in Section 1.

Section 1 establishes a committee composed of: the Secretary of Education and Culture, the Director General of the National Economic and Development Authority, the Chairman of the Textbook Board, and the Director of the National Library.
The committee determines and declares when a book, pamphlet, or other written material’s price has become exorbitant and detrimental to the national interest.
Section 4 directs that any conflict or claim arising from the decree provisions is decided by the same committee mentioned in Section 1.

Section 1(a) limits reprinting to a single title by allowing only one printer authorized by the Government.
Section 1(b) requires applicants to file an application with the National Library for each reprinting.
Section 1(b) mandates that each application contain: (1) the title, author and original publisher; (2) the foreign list price (if foreign) or domestic list price (if Philippine); (3) the proposed list price of the reprinted material; (4) the number of copies to be reprinted; and (5) the name and address of the applicant.
Section 1(b) requires filing a separate application for each subsequent reprinting.

Section 1(c) requires the successful applicant to complete the reprinting within sixty (60) days from the date of approval of the application.
Section 1(c) provides that if the reprinting is not done within sixty (60) days, the title may be applied for by other interested parties.

Section 1 requires that all titles reprinted prior to the amendments be registered.
The registrant must furnish the National Library the same information required in the Section 1(b) application.
Registration must be completed within thirty (30) days after the amendments take effect.

Section 3 requires that reprinting be subject to the condition that the reprinter pays a royalty of at least seven per centum (7%) of the list price in the Philippines for books published in the country.
Section 3 requires a royalty of at least two per centum (2%) of the foreign list price for books published in other countries.
Section 3 requires the royalty to be paid within a reasonable period.
Section 3 provides that for nonresident authors, publishers or copyright owners, the royalties shall be fully remittable, and may be remitted in dollars if so desired.

Section 4 provides that any conflict or claim arising out of the decree provisions is decided by the committee mentioned in Section 1.
Section 4 states that an order or decision of the committee becomes final after fifteen (15) days following receipt by the concerned party, unless an appeal is filed.
Section 4 allows an aggrieved party to appeal the committee’s order or decision to the Office of the President.
Section 4 requires the Office of the President to decide the appealed case within ten (10) days after the filing of the appeal.