Law Summary
Composition and Tenure of the Commission
- The SEC is a collegial body composed of a Chairman and two Associate Commissioners.
- All members are appointed by the President for a seven-year term.
- Initial appointments have staggered terms: Chairman (7 years), one Member (5 years), another Member (3 years).
- Members serve until successors are appointed and qualified after term expiration.
- Vacancies are filled only for the unexpired term.
- Salaries: Chairman receives P50,000 annually plus P2,000 monthly allowance; Members receive P42,500 annually plus P1,500 monthly allowance.
- The Commission convenes as deemed necessary; quorum requires two members.
- The Chairman has executive control and supervises all Commission operations.
- The Secretary of the Commission manages administrative affairs, acts as official recorder, custodian of documents, and administers oaths.
- The Executive Director implements policies and supervises operating units, holding a primarily confidential position.
Jurisdiction and Authority Over Corporate Entities
- The SEC has absolute jurisdiction, supervision, and control over corporations, partnerships, or associations with primary franchise or government-issued licenses in the Philippines.
- It may enlist support from any government enforcement agency (civil or military).
Staffing and Personnel Reorganization
- The Commission shall reorganize and restructure its staff and personnel.
- The staffing pattern and salary scale are prescribed in Annex "A".
- Except for technical, policy-determining, or confidential positions approved by the Commission and the President, all positions are subject to the Civil Service Law and Rules.
Expanded Jurisdiction and Original Exclusive Cases
- SEC’s jurisdiction extends beyond regulation to include adjudication of:
- Fraud and misrepresentation by corporate directors, officers, partners, or associates affecting public or investor interests.
- Intra-corporate or partnership disputes involving stockholders, members, or associates.
- Controversies in elections or appointments of corporate officers.
Powers of the Commission
- Issue preliminary or permanent injunctions within jurisdiction.
- Punish for contempt with penalties as per Rules of Court.
- Compel calling of stockholder or member meetings under supervision.
- Validate proxies and voting trust agreements.
- Issue subpoenas and summon witnesses; conduct search and seizure for evidence.
- Impose fines or penalties for violations of laws, rules, orders, or rulings.
- Authorize and regulate stock exchanges, commodity exchanges, and similar organizations.
- Refuse registration applications inconsistent with national economic policies after consultations.
- Suspend or revoke franchises or registration certificates for grounds including:
- Fraud in obtaining registration.
- Serious misrepresentations harmful to the public.
- Defiance of lawful Commission orders.
- Continuous inoperation of at least five years.
- Failure to file required by-laws or reports timely.
- Exercise all other powers necessary or incidental to executing its functions.
- Hear cases through the Commission en banc, Commissioners, or designated bodies/officers.
- Decisions by lower bodies can be appealed to the Commission en banc within 30 days.
- The Commission shall promulgate procedural rules and appeals may be taken to the Supreme Court by petition for review under Rules of Court.
Fee and Charge Adjustments
- The Commission may recommend to the President changes in fees and charges it is authorized to collect.
Creation of Additional Positions
- With Presidential approval, the Commission can create additional positions needed to fulfill its mandate.
Budget and Appropriations
- The Commission may appropriate up to 25% of its income and any unexpended balances for implementing this Decree.
- With Presidential approval, funds from appropriations or fees may be allocated for urgent service requirements.
Reporting
- The Commission must submit an annual report to the President by January 31 each year including recommendations.
Repeal of Inconsistent Laws
- All laws, orders, decrees, or regulations inconsistent with this Decree are repealed, amended, or modified accordingly.
- The Decree takes effect immediately upon promulgation.
Staffing Pattern and Salary Scale Summary (Annex "A")
- The SEC employs 303 positions totaling an annual salary cost of P3,160,344.
- Key roles include:
- Chairman, 2 Members, and Executive Director with specified salaries.
- Directors for various departments such as Corporate, Brokers and Exchanges, Examiner and Appraisers, Investments and Research, Money Market Operations.
- Key administrative positions include Secretary, Auditor, Chief Accountant, and Chief Personnel Officer.
- Additional technical, confidential, clerical, security, and support staff positions are included.
- Salaries range according to position from highest executive pay to support staff wages.