Title
Amendment to PD 902-A on SEC powers
Law
Presidential Decree No. 1653
Decision Date
Dec 11, 1979
Presidential Decree No. 1653 grants the Securities and Exchange Commission additional powers to enforce laws and policies for the orderly functioning of corporations and partnerships, including the ability to issue writs of attachment, appoint receivers, and create management committees.

Compensation and Benefits of SEC Members

  • The Chairman receives an annual salary and transportation and representation allowances equivalent to those of the Presiding Justice of the Court of Appeals.
  • Each Associate Commissioner receives corresponding compensation equivalent to that of an Associate Justice of the Court of Appeals.
  • Retirement benefits and other privileges are aligned with those granted to the Presiding and Associate Justices of the Court of Appeals.

Administrative Officers of the SEC

  • The Commission is supported by a Secretary who holds a rank equivalent to a Department Director.
  • The Secretary acts as the recorder and official reporter of SEC proceedings and has the authority to administer oaths.
  • The SEC also has an Executive Director responsible for overseeing the implementation of the Commission’s policies, rules, and standards.
  • The Executive Director coordinates activities of various operating units and reports directly to the Chairman.

Expanded Powers of the SEC in Enforcement and Judicial Functions

  • The SEC is empowered to issue writs of attachment within its jurisdiction to protect parties’ rights, applying relevant Rules of Court provisions.
  • It can appoint one or more receivers over properties involved in SEC cases to safeguard the interests of litigants, the investing public, and creditors.
  • At any stage of proceedings, the SEC may appoint a management committee or board to manage corporations or partnerships at risk of asset dissipation, loss, or business paralysis.
  • The Chairman and Commissioners or their authorized representatives may serve as ex-officio members of such management bodies to protect minority shareholders and public interest.

Organizational Structure of the SEC

  • The SEC comprises seven departments, each headed by a director:
    • Corporate and Legal
    • Examiners and Appraisers
    • Brokers and Exchanges
    • Money Market Operations
    • Securities Investigation and Clearing
    • Investments and Research
    • Administrative and Finance
  • The Commission may create additional departments as necessary to fulfill its functions more effectively.

Repeal and Effectivity

  • Any laws, decrees, orders, rules, or regulations inconsistent with the amendments in this decree are repealed, amended, or modified accordingly.
  • The decree takes effect immediately upon its promulgation.

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