Title
Creation of Philippine Aerospace Development Corporation
Law
Presidential Decree No. 286
Decision Date
Sep 5, 1973
Presidential Decree No. 286 authorizes the creation of the Philippine Aerospace Development Corporation (PADC) to develop and rationalize the aviation and aerospace industry in the Philippines, with activities including aircraft assembly, research, and maintenance, and with tax and customs duties exemption for five years.
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Powers of the Corporation

  • Authorized to prepare corporate by-laws.
  • May engage in any lawful business related to its primary purposes.
  • Can enter into contracts domestically and internationally, and operate across local and foreign territories.
  • May hold public agricultural and mineral lands beyond those allowed to private entities, for up to 25 years, renewable by the President.
  • Empowered to acquire, hold, mortgage, and sell real and personal property.
  • May transact in stocks, bonds, and securities of other corporations both local and foreign, exercising full ownership rights.
  • Authorized to execute any acts permissible for partnerships or natural persons under existing or future laws.

Capital Structure and Subscription

  • Authorized capital stock is Fifty Million Pesos (P50,000,000), divided into 500,000 shares at P100 par value each.
  • Government subscribes to P10,000,000 from the General Fund.
  • The Development Bank of the Philippines subscribes to P20,000,000.
  • Remaining P20,000,000 offered to domestic and foreign investors.
  • Subscribers for bank and public must pay 25% upfront, with the balance payable upon call with Board approval.
  • Voting rights tied strictly to stock ownership; no transfer of voting rights to non-stockholders is allowed.
  • Government’s voting shares are vested in the President or designated representatives.
  • Voting rights for government financial institutions vested in their respective Chairmen.

Governance Structure

  • Board of Directors consists of 7 members: 4 ex officio and 3 presidential appointees.
  • Ex officio members are the Executive Secretary, Secretary of National Defense, Chairman of Development Bank, and Chairman of Board of Investments.
  • Appointed members serve a four-year term.
  • The President appoints the Board Chairman from among the directors.

Board Responsibilities

  • Appoint and set salaries for the General Manager and other officials necessary for administration.
  • Organize necessary divisions within the corporation for fulfilling its objectives.
  • Submit an annual report on the Corporation’s condition to the President and publish the same by end of February each year.

Auditor Appointment and Qualifications

  • The Chairman of the Commission on Audit appoints a representative auditor for PADCOR.
  • Auditor must be a certified public accountant with at least ten years of experience.
  • Auditor and staff salaries fixed by the Commission Chairman with Board advice; paid by the Corporation.
  • Removal of auditor or staff only by the Chairman of the Commission on Audit.
  • No auditor appointment within the fourth degree of consanguinity or affinity to Board members or Commission Chairman.

Tax and Customs Exemptions

  • Corporation exempt from all national, provincial, municipal, and city taxes and assessments for 5 years from start of operations.
  • Importations of equipment, materials, devices, and items necessary for authorized purposes are fully exempt from customs duties and related taxes.

Implementation and Effectivity

  • The decree takes effect immediately upon approval.
  • The Board Chairman must call an organizational meeting within 30 days of appointment to commence corporate activities.

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