RmJBLIC ACT NO.6365

AN Acr ESTABLISHING A NATIONAL POLICY ON POFUlATION CRFATING THE

C(1-1MISSION ON POFUlATION AND FOR O'nIER FURPOSES .

Be i t elEcted by the SerEte and House of Representatives of thePhilippines in Congress assembled :

SECITON 1.the Philippines .

This Act shall be known as the Population Act of

SECTION 2. Declaration of Policy .-.The Congress of the Phil-ippines hereby declares ~t for the purpose of furthering the nationaldevelo~ent, increasing the share of each Filipino in the fruits ofeconomic progress and meeting the grave social .and economic challengeof a high rate of population growth, a national program of familyplanning which respects the religious beliefs of the individualsinvolved shall he undertaken. The Congress of the Philippinesfurther declares that the national population policy and program willinclude the following elenents: quantitative goals will be establishedand adopted; a broa<;i understarrling of the effects of al terrEtive ratesof population growth on family and national welfare be prom:)ted ;family plaruring will be made part of a broad educa-tional program; safeand effective means will be provided to couples desiring to space orlimit family size; m:)rtality and m:)rbidity rates will be further re-duced ; policies and programs guiding and regulating labor force~icipation, internal migration, and spatial distribution of pop-ulation will be adopted; and contact with international agencies andprivate organizations concerned wi th population problems will beestablished and maintained on a regular basis .

SECTION 3. Conmission on Population: Creation and CoInIXJsition. -To carry out the pur~ses and objectives of the Act, there is herebycreated in the Office of the President a Commission on Population,heroeinaftero referred to as Conmission, composed of the Secretary ofEducation, the Secretary of Health, the Secretary of Social Welfare,the CoJmlissionero of N3.tional Integration, the Presidential Ann onConmunity ~velopnent, the Dmctor of the University of the PhilippinesPopulation Institute , and in addition, the President shall appoint ,wi th the consent of the COJImission on Ap~in-bnents , a representativefrom each of the following : Philippine Press Institute, NationalLeague of Pueroicul ture ~Centers , Inc. , Philippine Medical Association ,Family Plaru1iJ1g Organization of the Philippines , the Res~nsiblePar'e11thood Council and the Institute of MaterrE.l and Child Health, fora term of five ye,:1rS.

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REPUBLIC ACT NO .6365

SEcrrON 4 .Functions and Duties .the following functions arrl duties :

The Conmission shall have

(a) To fonnulate and aOOpt ooherent, integra"ted and <Xmprehensivelong-term plans , programs and recamtendations on population as itrelates to eoonomic and social develoIJnent consistent with and imple-mentiJ1g the population policy, which shall be sul:mi tted to and approvedby the President, upon reoonrnendation of the Nation3.l Ecommic Council :Provided , That the National Eoonomic Council shall act on all suchplans, programs and reCX)llJnendations not later than sixty days fuJmreceipt thereof ;

Cb) To receive and approve proj ect proposals and to CXJOrdinateand evaluate their irnplenentation in accordance wi th approved plansand programs ;

(c) To put up f~mily planning clinics in cooperation with theDep3rtJnent of Heal th ;

To undertake such action proj ects as are necessary ;

(e) To undeI'take, promote, and publish studies and investigationson Philippine population in all its aspects ;

(f) To assemble and disseJninate technical and scientific inform-ation relating to medical , social, economic and cul twal phenomenaas these affect or are affected by population;

(g) To subIILi t an annual report to the President and to Congresson plans, programs, and progress of population activities. For thispur'pose, the Conmission nay require all agencies concerned to provideinformation necessary in the preparation of said report ;

To adopt rules of procedures for its government ;

Ci ) To recei ve and accept from sources wi thin and wi thout thePhilippines for its own use and not for sale, grants or donations ofequipnent, materials or services .Such grants or donations shall beexempt from gift taxes and deductible fIQm the net taxable incomeof the grantor or donor and the donee, upon certification of the Com-mission: Provided, hov.'e'/er' , That any grant or donation received inaccordance with this paragraph shall be disclosed to Congress tl).'r'Oughthe annual report ; and

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REPUBLIC ACT NO.6365

( j ) To perform such duties as proper authorities JIE.y fIQn tineto tjme direct the COImIission to undertake .

The Camlission may call upon any departJnent, bureau, office oragency or instrLDnentali ty for such assistance as it m3.y require inthe perfonnance of i ts ftmctions .

SECTION 5. Chairm3n. -The Cam1ission shall elect its ChaiIm3nfrom anong i ts members .

The ChainJ8n of the Conmission shall be responsible for callingand presiding over i ts meetings and shall for or in behalf of theConmission , receive gifts or donations, in whatever form and whateversource, and shall administer, obligate, and disburse the 8aJre, uponapproval by a m3.jority of the members of the CoJIInission, and hireand m3.intain a staff to carry out the p\n"'pases and obj ecti ves of theCornnission, in acoordance wi th the terms of the donation, and inthe absence thereof, in such m3nner as the COImlission m3.y in i tsdiscretion determine in conj unction wi th Section four , paragraph ( i) :Provided, That not m:)re than fifteen percent of the funds of the Can-mission shall be utilized for administration expenses of the Conmission

SECTION 6. Meetjngs. -The Cornnission shall meet at least oncein every four' ll¥)nths and at other tjJI1es at the call of the ChaiIlIIan .

The Chairman of the Commission may oonstitute oontinujjlg or ad hoccornni ttees consisting of the members of the Conmission or sucll otherexperts as are deemed necessary to conduct studies for the Canmission,or to assist i t in the disCharge of i ts functions .

SECTION 7. Executive Conrnittee. -The Comnission shall have anExecutive Coomittee which shall act for the 'Conmission when the latteris not in session. The Executive Comnittee shall be composed of:the Chairman of the Conmission as ChaiI1D3n and as members , the Sec-retary of Health , the Secretary of Education, the Secretary of SocialWelfare, the Comnissioner of National Integration, the PresidentialArm on Conmlni ty Development, the Responsible ParentOOod Cotmcil, theDirector of the University of the Philippines Population Institute,the respresentative of the Family Plaru1ing Organization of the Philip-pines, the Director of the Insti tute of Maternal and Child Heal th, anda respresentati ve from the National League of Puericul ture Centers , Inc .

The Executi ve Comni ttee shall neet at least once a m)nth or atthe call of the ChainMn .

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REPUBLIC ACT NO .6365

SECTION 8. Staff. --The COIrmission shall have an ExecutiveDirector who shall act as its action officer and shall serve assecretary of the O:>IIunission and the Executive Conmi ttee .The Executive.Director shall be appointed by the Chafunan with the consent of theComnission.

Subject to the direction and supervisiol\l of the a.iinIan, theExecutive Director shall be responsible for "t;Jie operation of thenational population progr'am, and for 'n1aking decisions on a day-to-day basis. The Executive Director shall be responsible for pre.p3ringperiodic reviews of program progress, for annual budget estimates , andfor reconmendfug policy to the ColITI1ission, and shall perform suchother' duties as are prescribed by the Comnission .

The Commission shall have such other personnel as may be neces-sary and may be assisted by such personnel as may be assigned or de-tailed to it from deparbnent, bureaus, offices, or instr'l:]ment~ities, .Lof the Government and shall arrange for such ServlCes as the ~may dean necessary for the. performance of the Comnissior.' s mrk.

SECITON 9. Annual Report -to Congr-ess. -Not later' than thirtydays after "the opening of the regular session of Congress each year ,the Commission shall sul:rni t to OOth Ibuses of Congr'eSs an annualreport on the achiev6l1ent of the Conmission, stating its plans andproj ects and defining ther'in the problems encounteJ:'ed in the precedingyear and the reconmended solutions and actions or measures expected ofCongress on account ther'eof, if any.

SECTION 10. Appropriations ..,. The. sun of four and a half millionpesos is hereby authorized to be appropriated , out of any funds in treNa-tional Treasury not oth.erwise appropriated , as operating funds forthe Comnission starting the fiscal year nineteen hundred seventy-~ :Provided , That out of this sun shall be disbursed the eqUivalent ofthe aJrount of three hundred fifty thousand dollars as the contributionof the Republic of the Philippines to the United NationS' Fund forPopulation Activities for the calendar year nineteen hundred seventy-two : Provided , That at least seventy-five per'Cent of the said aJOCJuntof thr'e.e hundred fifty thousand dollars shall be used to financepopulation projects in the Philippines p1.Ir'suant to this Act which areapproved by the United Nations Fund for Population Activities : And ,provided, finally, Tha-t said aJrount riiay be increased or decreased in-the succeeding years by tre Comnission in acc9rdance with its fiI1an-cial position. This appropriation shall her-eafter be included in theannual Gener-al AppropriationS' Act .

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RmJBLIC Acr NO.6365

SECITON 11. Repeal. -Any and all Acts, statutes, rules, regul-ations or parts ther'eOf incx>nsistent herewith are hereby repealed .

SEcrrON 12. Separ'ability .-If for any reason, any p:irt of thisAct is declared unconsti tutional or invalid, no other section or pro-vision of this Act shall be affected thereby.

-This Act sha11 take effect u{:Qn itsEffectivity.SECTION 13.

approval.

Approved, August 16, 1971.

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PRESmENrIAL DECREE NJ .79

RtVISIl.l?, THE POPUlATION ACI' OF NmJ:..l~ HUNDRED AND SEVENTY ONE

WHEREAS, Republic Act 6365, entitled "An Act Establishinga National Policy on Population, creating the Commission on Pop-ulation and for Other Ptn:'POses" was enacted into law on August15, 1971;

vJHERFAS , in order to effectively implement the populationprogram, vital amendrrents to R.A. 6365 are necessary;

WHEREAS , the population program is an integral and vi talpart of social reform and economic development ;

WHEREAS, one of the objectives of Proclamation No. 1081is to effect social, economic and political refonns, and thusbring about the transfoIm3.tion of a new society in our country ,a society designed to improve the quality of life of each Filipino ;

WHEREAS , family planning and responsible parenthood assuregreater opportuni ty for each Filipino to reach his full poten-tial and to attain his individual digni ty ;

NOW, THEREFORE , I, FrnDINAND E. MARCOS , President of thePhilippines, by virtue of the powers vested in me by the Consti-tution of the Philippines as Canmander-in-Chief of all ArmedForces of the Philippines and pursuant to Proclam3.tion No. 1081dated September 21, 1972 and General Order No. 1 dated September22, 1972 as amended, and in order to effect desired changes andreforms in the social, economic, and poli tical structures ofO'-1T' society ,do hereby adopt, approve and make as part of thelaw of the land, the attadhed measure.

Changes and llK)difications in this Revised Population Actshall be made from time to time, as necessity requires, to becorrespondingly announced by me or by JIrj duly authorized repre-sentative.

This decree shall take effect i1IlIIlediately

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~cct

PRESIDmrIAL DECREE NO. 79

l:X:>ne in the Ci ty of l-Bnila, this 8th day of December , inthe year of Our LDrd Nineteen H\.U1dred and Seventy-t\OX> .

( SGD .) FERDmAND E .t-1A.RCOSPI'esidentRepublic of the Philippines

By the President :

(SGD.) ALFJANDRO MEl.CHORExecuti ve Secretary

SEcrION 1. This decree shall be m~ as the RevisedPopulation Act of the Philippines .

sEcrroN 2 .Declaration of Policy .-The GovernJrent of thePhilippines hereby declares that for the pUI'pC>se of furtheI"ingthe natjonal deveJ.oplrent, increasing the share of each Filipinoin the fruits of econcmic progress and JIeeting the grave socialand econcmic challerlge of high rate of population growth, anational PIQgrem of family plannil1g involving both public andprivate sector'S which respect the religious beliefs and valuesof the indi viduals involved shall be \D'ldertaken .

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SEcrroN 3 .CoImlission on Population. -There is her-ebycreated an agency under the Office of the President, a CoImlis-sion on Population hereinafter referred to as POPCOM, to carry outthe purposes and obj ecti ves of this Decree .

SEcrION 4. purpose and Objectives. -The POPCOM shallhave the following p1.n-'POses and obj ecti ves :

( a) To fornn.llate arrl adopt coherent, integJ;'ated and can-prehensive long-term plans, progrems and r'ecormendations onpopulation as i t r'elates to economic and social developmentconsistent with and implementing the population policy whichshall be subrrd. tted to and approved by the ~sident ;

(b) To make comprehensive studies of denographic data andexpected denographic trends and propose policies that affectspecific and quantitative population goals;

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(c) To organize and impleJrent programs that will prQm)te

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PRESmrnrIAL DECREE NO. 79

a broad understanding of the adverse effects on fc:Dnily life andnational well are of unlimi ted population gt'C1tYth ;

, (d) To propose policies and programs that will guide and

regulate labor force p3rticipation, internal migration and spa-tial distribution of population oonsistent wi th national developrent ;

-Ge) To JIeke family plannjng a part of a broad educational prograJtl;

(f) To encourage all persons to adopt safe and effective neansof plaiming and realizi11g desired family'size so as to discourageand prevent resort to \macceptable practice of birth contr'Ol such asabortion by JIakil)g available all acceptable methods of contraceptionto all persons desir'Ous of spaqiI1g ) lbni ting or preventing pregnancies ;

(g) To establish and nainta.in contact with international publicand private organizations concerned with population problems;

(h) To provide farnily planning services as apart of overa1lheal th care ;

( i) To m3ke available all acceptable nethods of contraception ,except abortion, to all Filipino ci tizens desirous of spacing , limi tingor preventing pregnancies .

SECTION 5 .Duties and Functions of the POPCOM. -The POPCOMshall have the following duties and powers :

(a) To employ physicians, nur'ses, midwives to provide, dispenseand administer all acceptable methods of CX)ntraception to all ci tizensof the Philippines desirous of spacing , 1imi ting or preventing preg-nancies : Provided, That, the above mentioned health ~rkers , exceptphysicians , for the purpose of providing , dispensing and adnrlnisteringacceptable methods of CX)ntraception, have been "tr'ained and authorizedby the POPCOM in oonsul tation wi th the appropriate licensing bodies ;

(b) To \mdertake such action p1:Qj eats as m3.y be necessary topr'Om:)te the attaiImlent of this Decree and to enter, in behalf ofthe Republic of the Philippines, into such oontracts , agreeJIents orarrangeJIents wi th gov~t or pri vate agencies as will be necessary ,oontributory or desirable in the impl~tiIlg thereof ;

(c) To \D1dertake, prom:)te and publish inform3.tion, studiesand investigations on Philippine population in all i ts aspects ;

(d) To utilize clinics, pharmacies as well as other coImIeroialcharmels of distribution for the distribution of family plannil1ginformation and contracepti ves ;

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PRESImlrrAL DECREE NO.79

(e) To call upon and utilize any department, bureau, office,agency or ins~ta1i ty of the ~vernJIent for such assistance asi t nay requir'e in the per'for11Bnce of i ts functions .

SEcrION 6 .Boaro of CaJInissioners .-All functions and~ of the POPCOM shall be vested in , and exercised ~ a Board -of CoJm1issioner'S hereinafter refeI"r'ed to as the Board , CXIIIpOsed Jof: Secretary of Education and Cul ture , Secretary of Heal th ,Secretary of Social Welfare, Dean of the University of the Phi1ip-pines Population Insti tute and the Director-General of the NationalEoonomic Deve1D~t Authori ty ..

sEcrroN 7 .~ and Duties of the }k)ar'd .-The }k)ar'd shallhave the follOOng po~ and duties :

(a) To adopt and prescribe policies, rules, regulations andprocedures for the goVernnelt of the roPCOM arrl to m:>dify , amendor repeal the s~ ; "

(b) To receive , evaluate, nOOify and approve proj ect proposalson population m3.tters fr'OJn whatever soU!"Ce and to coordinate andevaluate their im{>l~tation in accor'dance with the approved plansand programs ;

"

(c) To approve the aru1ua1 and or supplenental budget of POPCOMas nay be $ubmi tted to i t by the Executi ve Director fu::m tm totm; and ,

(d) To perform s~ other duties as may be assigned to it bythe President of the Philippines .

SEcrroN 8. Chajz1IIan of the Board , p~ arrl Duties. -TheBoard shall eleL. "'t a Chajz1IIan fr'CJn am:>ng i ts JIenbeJ:'s .The Chajz1IIanshall have the following ~ and duties :

(a) To call and preside over the neetings of the &>ard ;

(b) To disburse, acbIdnister and obligate appropriationsof the POPCOM, subj ect to the approval of the BoarI(} ;

(c) To ap~int, determine the qualifications, fix the n\mlberand salaries of such personnel as m3.y be necessary for the properdischarge of the duties and functions of the POPCOM , and, wi ththe approval of the board , to retn)ve, suspend, or otherwise dis-cipline for j ust cause, any subordinate eJIIployee of the POPCOM ;

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PRESIDENTIAL DECREE NO. 79

(e) To accept on behalf of POPCOM, gifts, grants or donationsand administer , obli~ate and disburse the sarre in accordance wi ththe provisions of this ~cree ;

(f) To pe:rform such other duties as nay be assigned to him bythe Boaro ~ tine to tine ;

(g) To oonstitute oontinulllg or ad-hoc oomnittees consisting of~rs of the Board or such other experts as ar-e deerred necessaryto conduct studies for the POPCOM or to assist in the discharge ofi ts functions .

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SEcrION 9 .Meetings. -The ~ shall neet at least once everyfour m:>nths or oftener at the call of the Chai%man .Three ~of the Board shall consti tute a quorum and no action of such quorumshall be treated as a valid decision of the Board unless it carTiesa ~us vote of the three nenbers present and consti tuting thequorum. Members or the Board who are governnent officials shallserve wi thout additional compensation, h~ver , they shall be allo~dconrnutable travelling , representatiCi'n and other necessary allowances .

SECTION 10 .Executi ve DmctQI' , p~ers and Duties. -The POPCOMsha11 have an Executi ve Director to be appoiIited by the Chaimlan ,subject to the approval of the Eoard. The Executive Director sha11r.ave the following powers , duties and responsibili ties :

To act as action officer of the POPCOM;

(b) To sit in all meetings of the Board and participate inits deliberations but will not have the right to vote ;

(c) To be responsible for the operation of the office staffand of the ffitional population program and for m3kiJ1g decisions onday-to-day basis subject to the direction and supervision of the~;

To prepare periodic review of program progress ;

( e ) To submi t annual and/ or such suppleIreI1tal budget es-timatesto the Board of Conunissioners ;

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~mNrrAl. DECREE NO.79

(f) To I'ecaImel¥I IX>licies ~ programs to the Board ; and

(g) To perfOIm such other duties as may be assig):led to himby the BoaI'd fr'CIn tine to tm

SEcrION 11. Personnel. -'The POPCOM shall have such personnelas m3.y be necessary for the perfoi1Jk2nce of its basic ftmctions ands~ other personnel as nay be assigned or detailed from otheragencies of the Q:>v~t .All IX>si tions , except technical andprofessional staff and such other IX>sitions as the Board m3.y declareto be highly technical , policy determinirig or prim3rily confidential ;shall be subj ect to Ci vi1 Service rules and regulations and coverageof the plans of the Wage and Position Classification Office: Provided,That, all personnel shall be entitled to the benefi ts and privilegesnormally accorded to gOVe:rnDen.t employees, such as retiretrent , GSISinslu:'ance, leave and similar natters : Provided, further , That, inthe apIX>in~t and prawtion of employees, nerit and efficiency shallserve as basis, and no poli tical test or qualification shall beprescribed and considered for such appoin~ts or praIV)tions : Pro-vided, finally, That, the POPCOM shall be the final autOOrity onappeals on personnel m3.tters concerning i ts professional and tech-nical personnel. .

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SEcrION 12 .Ibnations .-The POPCOM shall be authorized toreceive grants, donations or gifts, in whatever form and fr'CJn what-ever sources: Provided, That, said gr'ants , gifts, or donations shallbe administered, obligated and disbur'sed .in accordance wi th the termsthereof, or in the absence of such tenDS 1 ~ such manner as a najori tyof the Boaro m3.y in its discretion detertmine: Provided , finally,T1Bt, said grants, gifts, donations shall be subject only to suchlimitations as the grantor, giver or donor nay impose as acceptedby the POPCOM.

SECI'ION 13. Appropriations .-The Stml of fifteen million pesosis hereby appropriated aIU1ua11y out of any funds in the NationalTreasury not otherwise appropriated, as operat1J'1g funds of thePOPCOM start1J'1g in the fiscal year nineteen hundred and seventy four:Provided , That, out of this sum shall be disbursed the equi valentof the aII()unt of three hundred fifty thousand dollars as aIU1ua1oontributions of the Republic of the Philippines to the Uni tedNations Fund for Population Activities ; ProVided, further , That ~at least seventy-five percent of said aJIQ\mt of $350,000 shall'be used aIU1ually to finance population projects in the Philippinesptn:'suant to this Act whicl1 are approved by the United Nations forPopulation Activities ; and Provided, finally, That, said aII()unt m3.ybe increased or decreased in the succeeding years by POPCOM inacoordance wi th i ts financial posi tion. This appropriation shallhereafter be included in the aIU1ua1 General Appropriations Act .

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~smENTIAL DECREE NO. 79

SECTION' 14. Repeal. -Any arrl all Acts, Statutes, Rules ,Regulations or parts thereof inoonsistent here.wi th ar'e herebyrepealed .

SECTION 15 .Separabili ty .-If for any reason, any part ofthis Act is declared unconstitutional or invalid, no other provisionof this Act shall be affected thereby .

sEcrroN 16.imrediate1y.

Effectivity .-This Decree shall take effect

rx,ne in the Ci ty of Manila this 8th day of December in theyear of Our lord nineteen hundred and seventy-~.

(SGD. ) FERDrnAND E. MARCOSPresiden'tRepublic of the Philippines

By the Pr'esident :r!

( SGD .) ALFJANDRO MEI.aIOR

Executive Secretary

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7'1

PRESmmrIAL DECREE NO. i 166

PJ-1ENDlliG PRESmENI'IAL DECREE NO.79, OTHERWISE 1<NOWN AS "THEREVISED POPULATION Acr OF THE PHILIPPINES"

WHERFAS , the Conmission on Population created under Presiden-tial Decree No.79 dated December 8, 1972, is governnenta1 in

oomposition;

WHEREAS , the strength of the Govemrrent r S population program

requires the participation of pr;i.vate organizations and individualsin the formulation and impl~tation of population planning

policies;

WHEREAS, such private organizations and individuals have beenvery active in dissernin~ting both services and infoIm3.tion onpopulation control, in lirie wi th the Government's ~ populationprograms ;

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NOW, THEREFORE , I, FrnDrnAND E. I'-1A.RCOS , President of thePhilippines, by virtue of the powers vested in ne by the Constitutionas Camnander-in-Chief of all the ArIred Forces of the Philippines ,and p~uant to prvclarnation No. 1081 dated September 21, 1972,and General Oroer No. 1 , dated SepternDer 22 , 1972 , as amended, and-in order to give the private sector the opporttmity to participatein the formulation and implementation of the GovemJrent' s populationprogram, do hereby oroer and decree the amendment of SectiQn 6 ofPresidential Decree No. 79, to read as follows :

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"SECTION 6 .Board of ComrnissioneJ:'S .-All functions and powersof the POPCOM shall be vested in and exercised by a Board of Commis-siQnei'B hereinafter referred to as the Board, oomposed of: SecretarycifEducation and Culture, Secretary of Health, Secr'etary of SocialWelfare, ~ of the University of the Philippines Population Insti-tute, the Director-General of the National Economic DevelopmentAuthori ty and two other meJIIbers fran the private sector who possessthe necessary expertise in the field of population plarming and whoaIie not recipients of Population Comnission program monev, eachto be appointed by the President of the Philippines for a tenn ofthree years ."

This Decree shall take effect ~tely.

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IXme in the CitY of Manila this 3lst day of Ma:r:-cl1, in theyear of Our 1Dro, nineteen hundred and seventy-three.

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( SGD .) FERDmAND E .MARCOSPresidentRepublic of the Philippines

By the President:

(SGD. ) ROBERTO v. REYESActing Executi ve Secretary

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