PD 1144 (9-15) Raposas

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RAPOSAS, JONAS TRENIA

BS CRIM III-DELTA
SCRIPT REPORT

Presidential Decree No. 1144, s. 1977


Signed on May 30, 1977

MALACAÑANG
MANILA
PRESIDENTIAL DECREE No. 1144

CREATING THE FERTILIZER AND PESTICIDE AUTHORITY AND ABOLISHING THE


FERTILIZER INDUSTRY AUTHORITY

WHEREAS, it is a Government policy to provide adequate assistance to the agricultural sector in line with
national objective of increasing food production;
WHEREAS, fertilizer and pesticides as vital inputs in food production and must be supplied in adequate
quantities at reasonable costs.
WHEREAS, improper pesticide usage presents serious risks to users, handlers, and the public in general
because of the inherent toxicity of these compounds which are, moreover, potential environmental
contaminants;
WHEREAS, there is a need to educate the agricultural sector on the benefits as well as the hazards of pesticide
use so that it can utilized pesticides properly to promote human welfare while avoiding dangers to health and
environmental pollution;
WHEREAS, the fertilizer and pesticide industries have much in common in terms of clientele, distribution
channels, system of application in farmers’ fields, and technical supervision by the same farm management
technicians under the government’s food production program;
WHEREAS, the foregoing considerations make it desirable to have one agency to regulate fertilizer
importation, manufacture, formulation, distribution, delivery, sale, transport and storage as well as pesticide
labeling, distribution, storage, transportation, use and disposal;
WHEREAS, the Fertilizer Industry Authority was created by Presidential Decree No. 135, dated 22 February
1973, and amended by Presidential Decree Nos. 517 and 669, dated 19 July 1974 and 11 March 1975
respectively, in order to regulate, control and develop the fertilizer industry but does not include the pesticide
industry in its jurisdiction;
WHEREAS, there is an urgent need to create a technically-oriented government authority equipped with the
required expertise to regulate, control and develop both the fertilizer and the pesticide industries;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby decree and order the following:

Section 1-8…
 Section 1. Creation of the Fertilizer and Pesticide Authority.
 Section 2. Abolition of the Fertilizer Industry Authority.
 Section 3. Definitions.
 Section 4. Board of Directors.
 Section 5. Organization.
 Section 6. Powers and Functions.
 Section 7. Power to Issue Rules and Regulations to Implement Decree.
 Section 8. Prohibitions Governing Sale and Use of Fertilizers and Pesticides.

Good morning, everyone. First and foremost, ano nga ba yung Presidential Decree?
So, it is a type of law that is issued by the President of the country. It has the same legal force as an act of
Congress, but it is promulgated by the President without the need for legislative approval.
Yung Presidential Decrees are typically used sa mga situations na kung saan yung immediate action ay
kailangan para ma-address yung urgent matters or to implement policies or reforms.
So, one example of a significant Presidential Decree sa bansa natin is yung Presidential Decree No. 1081, o also
known as the Martial Law Declaration. And it was issued by our former President Ferdinand Marcos noong
taong 1972, which resulted in the imposition of martial law in our country.
Now, we’re going to tackle the Presidential Decree No. 1144, that was issued on May 30, 1977. Entitled
“Creating the Fertilizer and Pesticide Authority and Abolishing the Fertilizer Industry Authority.”
This decree establishes the Fertilizer and Pesticide Authority or FPA as the regulatory body responsible for
overseeing the production, importation, distribution, and use of fertilizers and pesticides in the Philippines.
The FPA plays a crucial role in ensuring the quality, safety, and proper use of fertilizers and pesticides in our
country. It sets standards, issues licenses, conducts inspections, and promotes research and development in the
field of fertilizers and pesticides.
So, based on what was discussed by Mr. Ruiz, nalaman natin kung ano nga ba ang nilalaman o nakapaloob sa
Section 1-8, and now let’s move to Section 9-15.

 Section 9. Registration and Licensing. No pesticides, fertilizer, or other agricultural chemical shall be
exported, imported, manufactured, formulated, stored distributed, sold or offered for sale, transported,
delivered for transportation or used unless it has been duly registered with the FPA or covered by a
numbered provisional permit issued by FPA for use in accordance with the conditions as stipulated in the
permit. Separate registrations shall be required for each active ingredient and its possible formulations in
the case of pesticides or for each fertilizer grade in the case of fertilizer.
No person shall engage in the business of exporting, importing, manufacturing, formulating, distributing,
supplying, repacking, storing, commercially applying, selling, marketing, of any pesticides, fertilizer and other
agricultural chemicals except under a license issued by the FPA.
The FPA, in the pursuit of its duties and functions, may suspend, revoke, or modify the registration of any
pesticide, fertilizer and other agricultural chemicals after due notice and hearing.
So, for Section 9, it emphasizes the importance of proper registration and licensing for pesticides, fertilizers,
and other agricultural chemicals. It states that these substances cannot be exported, imported, manufactured,
distributed, sold, or used unless they have been registered with the Fertilizer and Pesticide Authority (FPA) or
covered by a provisional permit. The purpose of registration is to ensure that these chemicals meet certain safety
and quality standards. Separate registrations are required for each active ingredient in pesticides or each
fertilizer grade, recognizing the need for specific oversight and regulation.

 Section 10. Penalties.


(a) Fertilizer. Any person who violates any of the provisions of this Decree or any of the provisions of the
rules and regulations issued or promulgated by the FPA on fertilizer shall be punished by imprisonment
of not less than 15 years and 1 day or more than 20 years if the amount involved is more than
P50,000.00; by imprisonment of not less than 10 years and 1 day or more than 15 years if the amount
involved is P10,000.00 or less, as well as a fine ranging from an amount equal to the value involved to
three times such value but which shall in no case be less than P5,000.00 nor more than P20,000.00; by
a fine of P5,000.00 but not more than P10,000.00 by other violations where the amount involved cannot
be determined; Provided, that if falsification of a public or commercial document is committed by
reasons or on the occasion of the commission of any of the acts punishable herein, the offender shall be
imposed of the maximum fine and term of imprisonment as above prescribed. If the violation is
committed by a corporation, firm, partnership, cooperative, association or any other entity, the penalty
shall be imposed upon the guilty office or offices and such corporation, firm, partnership, association or
entity.

(b) Pesticides. Any person who violates any of the provisions of this Decree or any of the provisions of the
rules and regulations issued or promulgated by FPA or pesticide, shall be liable to a penal servitued of
not in excess of one year or a fine of P5,000.00 but not more than P10,000.00 provided that if the
violation is committed by a corporation, firm, partnership, cooperative, association or any other entity,
the penalty shall be imposed upon the guilty officials or officers of such entities.

In Section 10, it focuses on the penalties for violations related to fertilizers. It states that individuals who violate the
provisions of the Decree or the rules and regulations set by the FPA regarding fertilizers may face severe consequences.
The severity of the punishment depends on the amount involved in the violation. If the amount exceeds P50,000.00, the
offender may face imprisonment of NOT LESS Than 15 YEARS AND 1 DAY OR MORE THAN 20 Years, as well as a fine
ranging from the value involved to three times that value. If the amount is P10,000.00 or less, the imprisonment term is
not less than 10 years and 1 day or more than 15 years, along with a fine.

For violations in pesticide, a fine between P5,000.00 but not more than P10,000.00 may be imposed. violations
committed by Corporations, firms, partnerships, cooperatives, associations, or entities can also be held accountable for
violations.
 Section 11. Appropriation. The sum of One Million and Two Hundred Thousand (P1.2 Million) Pesos
shall, in addition to what has been appropriated for the Fertilizer Industry Authority for the Calendar Year
1977, be released out of any funds in the National Treasury not otherwise appropriated. For every calendar
year thereafter such sums as may be necessary for the operations of the FPA shall be included in the
General Appropriations Decree.
Any provision of existing law to the contrary notwithstanding, the FPA may impose fees or receive grants,
subsidies, donations, or contributions from any entity and retain such funds for its operation.
In this Section, it deals with the financial aspect of the FPA. It states that a specific amount of money, One
Million and Two Hundred Thousand Pesos, shall be released from the National Treasury to support the
operations of the FPA for the year 1977. Furthermore, it specifies that future funds necessary for the FPA’s
operations will be included in the General Appropriations Decree. This section highlights the importance of
financial support to ensure the effective functioning of the FPA.

 Section 12. Life of FPA. The FPA shall constitute itself immediately and shall continue to exist until and
unless abolished by the President of the Philippines.
In Section 12, it addresses the establishment and existence of the FPA. It states that the FPA shall immediately
constitute itself and continue to exist unless it is abolished by the President of the Philippines. This emphasizes
the ongoing nature of the FPA’s role in regulating and overseeing the pesticide and fertilizer industry.

 Section 13. Separability Clause. The provisions of this Decree are hereby declared to be separable, and in
the event any one of more of such provisions are held unconstitutional, the validity of other provisions shall
not be affected.
On the other hand, the separability clause is included in this section. It serves as a safeguard in case any
provision of the Decree is deemed unconstitutional. It states that if any provision is invalidated, it will not affect
the validity of the other provisions. This clause ensures that the Decree can still be upheld even if some parts are
found to be unconstitutional.

 Section 14. Repealing Clause. All laws, decrees, acts, executive order, ordinances, rules and regulations
which are inconsistent with the provisions of the Presidential Decree are hereby repealed, amended or
modified accordingly.
For Section 14, is the repealing clause. It states that all existing laws, decrees, acts, executive orders,
ordinances, rules, and regulations that are inconsistent with the provisions of the Presidential Decree are
repealed, amended, or modified. This clause ensures that the Decree takes precedence over any conflicting
legislation or regulations.

 Section 15. Effectivity. This Decree shall take effect upon approval.
So, for the final section, it simply states that the Decree shall take effect upon approval. It sets the timeline for
the implementation of the Decree.

In addition, the importance of Presidential Decree No. 1144 lies in its establishment of the Fertilizer and
Pesticide Authority (FPA) and the subsequent regulation of the fertilizer and pesticide industry our country.
Some of the few reasons why this decree is significant are:
1. Regulation and Quality Control: The FPA ensures that the production, importation, distribution, and use of
fertilizers and pesticides meet specific standards and guidelines. This helps safeguard the quality and safety
of these products, protecting both consumers and the environment.
2. Environmental Protection: By overseeing the use of pesticides and fertilizers, the FPA helps prevent the
misuse or overuse of these substances, which can have harmful effects on ecosystems and water sources.
The authority promotes responsible and sustainable practices that minimize environmental impact.
3. Agricultural Productivity: The proper use of fertilizers and pesticides can significantly contribute to
agricultural productivity. The FPA’s role in regulating the industry helps ensure that farmers have access to
high-quality inputs, which can improve crop yields and support food security.
4. Research and Development: The FPA also promotes research and development in the field of fertilizers and
pesticides. This encourages innovation, the development of new products, and the improvement of existing
ones, ultimately benefiting farmers and the agricultural sector as a whole.
Overall, Presidential Decree No. 1144 and the establishment of the Fertilizer and Pesticide Authority have
helped create a regulatory framework that promotes the responsible use of fertilizers and pesticides, protects the
environment, and supports our agricultural productivity.

Furthermore, this Presidential Decree aims to benefit us Filipino citizens and our country in several ways:
1. Protection of Public Health: The Decree ensures that pesticides, fertilizers, and other agricultural chemicals
undergo proper registration and approval before being used or sold. This helps safeguard public health by
ensuring that these substances meet safety standards and do not pose risks to consumers or the environment.
2. Environmental Conservation: The regulations set forth in the Decree help prevent the misuse or improper
disposal of pesticides and fertilizers, which can have adverse effects on ecosystems, water sources, and
biodiversity. By enforcing responsible practices, the Decree contributes to the preservation and conservation
of the environment.
3. Quality Control: Through the registration and licensing process, the Decree promotes quality control in the
production, importation, and distribution of pesticides and fertilizers. This helps ensure that farmers and
agricultural workers have access to reliable and effective products that can enhance crop productivity and
contribute to sustainable agriculture practices.
4. Consumer Protection: By regulating the industry and imposing penalties for violations, the Decree helps
protect consumers from substandard or unsafe pesticides and fertilizers. This promotes fair and ethical
practices in the market, giving consumers confidence in the products they purchase.
5. Government Oversight: The establishment of the Fertilizer and Pesticide Authority (FPA) under the Decree
provides a dedicated agency responsible for implementing and enforcing the regulations. This ensures
effective government oversight and enforcement of standards in the pesticide and fertilizer industry,
promoting transparency and productivity.
By addressing these aspects, Presidential Decree No. 1144 aims to contribute to the overall well-being for us
Filipino citizens, protect the environment, and ensure the sustainable development of the agricultural sector in
our country.
In conclusion, Presidential Decree No. 1144 establishes regulations and guidelines for the registration,
licensing, and enforcement of pesticides, fertilizers, and other agricultural chemicals in our country. It
emphasizes the importance of proper registration and oversight to ensure the safety and quality of these
substances. This Decree imposes penalties for violations, aiming to deter non-compliance and protect the public
and our environment. It also addresses the financial support needed for the effective functioning of the Fertilizer
and Pesticide Authority (FPA), which is responsible for implementing and enforcing the provisions of the
Decree. The Decree includes provisions for the separability of its clauses, the repeal of inconsistent laws, and its
own effectivity. Overall, it seeks to promote responsible and regulated practices in the pesticide and fertilizer
industry to safeguard the well-being of the population and our environment.

Done in the City of Manila, this 30th day of May, in the year of Our Lord, nineteen hundred and seventy-seven.
(Sgd.) FERDINAND E. MARCOS
By the President:

(Sgd.) JUAN C. TUVERA


Presidential Assistant

Reference: https://www.officialgazette.gov.ph/1977/05/30/presidential-decree-no-1144-s-1977/

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