Title
Creation of Philippine Sugar Commission
Law
Presidential Decree No. 388
Decision Date
Feb 2, 1974
Presidential Decree No. 388 establishes the Philippine Sugar Commission to promote the growth and stability of the sugar industry, with the authority to establish policies, regulate prices, and organize cooperatives, among other functions.
A

Creation and Composition of the Philippine Sugar Commission

  • Established within 30 days of the decree issuance.
  • Composed of one Chairman and six Associate Commissioners.
  • Members appointed by the President of the Philippines.
  • Commissioners must be Filipino citizens with experience and recognized competence in the sugar industry.
  • Office term: 4 years unless removed for cause.
  • Compensation: Chairman receives P50,000 annually plus allowances; Associate Commissioners receive P40,000 plus allowances.
  • Regular meetings twice monthly with the possibility of special sessions.

Powers and Functions of the Commission

  • Formulate policies covering all sugar industry phases.
  • Conduct inquiries to improve industry methods.
  • Enter into contracts with individuals, corporations, and foreign governments.
  • Levy and collect fees to finance operations and social welfare for industry workers; fees subject to Presidential approval.
  • Serve as the single buying and selling agency for sugar at the quedan-permit level.
  • Set floor-ceiling prices ensuring fair returns, considering production costs, profit margins set by authorized agencies, economic factors, and minimum wages.
  • Adjust prices based on cost changes and consumer price indices.
  • Promulgate rules, regulations, and impose penalties for violations.
  • Supervise or control mills/refineries failing financially or operationally.
  • Organize sugar planters' cooperatives nationwide.
  • Submit periodic reports with recommendations to the President.

Role of the Chief Executive Officer (Chairman)

  • The Chairman directs and controls Commission business.
  • Prepares organizational plans subject to Commission approval.
  • Manages affairs and appoints personnel with salary fixation exempted from usual wage laws, except for clerical/janitorial staff.
  • Can designate an acting Chairman during absence or incapacity.

Social Welfare Office

  • Established under the Chairman's office to address welfare concerns in the sugar industry.

Funding and Capitalization

  • Establishes a fund deposited at the Philippine National Bank for industry development and market stabilization.
  • Stabilization fees are collected: initially P2 per picul for 5 years, then P1 per picul annually thereafter.
  • Fifty centavos per picul from levies supports Commission personnel-related costs.
  • Fees constitute a lien on sugar quedan and warehouse receipts, payable immediately.

Audit and Accountability

  • Chairman, Commission on Audit appoints audit representatives.
  • Auditor salaries paid by the Commission.
  • Commission affairs audited pursuant to law.
  • Annual audit reports submitted to Commission on Audit Chairman, the Commission, and the President.

Financing Continuity

  • Commission inherits revenues and impositions previously granted to the abolished Philippine Sugar Institute and Sugar Quota Administration.

Transitory Arrangements

  • Abolishes Philippine Sugar Institute and Sugar Quota Administration;
  • Transfers all assets, liabilities, records to the new Commission.
  • Commission may retain personnel from abolished agencies; non-retained personnel entitled to retirement benefits or gratuity.

Legal Repeals and Effectivity

  • Repeals or modifies laws inconsistent with this Decree.
  • The Decree takes effect immediately upon promulgation.

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