H. No. 7339 / 66 OG No. 17, 4233 (April 27, 1970)

[ REPUBLIC ACT NO. 6082, August 04, 1969 ]

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED ONE THOUSAND ONE HUNDRED THIRTY, ENTITLED "AN ACT TO CREATE AN ANTI-DUMMY BOARD, TO PRESCRIBE ITS DUTIES AND FUNCTIONS, AND FOR OTHER PURPOSES."

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:SECTION 1. Section one of Republic Act Numbered One thousand one hundred and thirty is hereby amended to read as follows:

"SECTION 1. There is hereby created in the Department of Justice a board which shall be designated and known as the Anti-Dummy Board and which shall be vested with and shall exercise the powers and duties hereinafter specified. The Anti-Dummy Board shall be composed of the Secretary of Justice who will be ex-officio Chairman of the Board and four other members to be appointed by the President of the Philippines with the consent of the Commission on Appointments."No person shall be appointed a member of the Anti-Dummy Board unless he is a natural-born citizen of the Philippines who has continuously resided in the Philippines not less than ten years before his appointment and he must be a citizen of good standing."The qualification, tenure of office of members of the Board, with the exception of the Chairman, and the grounds of their separation, shall be the same as those provided for in the case of Judges of Courts of First Instance."

SEC. 2. Section two of the same Act is hereby amended to read as follows:

"SEC. 2. The main purpose of the Anti-Dummy Board shall be to insure the implementation of the provisions of the Constitution, nationalization laws, and other legal provisions which require Philippine citizenship or citizenship of any other specific country for the exercise or enjoyment of a right, franchise or privilege, property or business, and further, to coordinate, as far as practicable all government agencies charged with the enforcement of the said provisions of the Constitution and laws and, in particular, Commonwealth Act Numbered One hundred and eight, as amended, commonly known as the Anti-Dummy Law, and to make and publish a list of all associations and corporations having in their names, or under their control a right, franchise, privilege, property or business, the exercise or enjoyment of which is expressly reserved by the said Constitution or laws to citizens of the Philippines, or of the United States, or to corporations or associations at least sixty per cent of the capital of which is owned by such citizens, with a view to eliminating or preventing entirely, the evasion or circumvention of the said constitutional provisions and laws."

SEC. 3. Section three of the same act is hereby amended to read as follows:

"SEC. 3. The Anti-Dummy Board shall have the following powers and duties:"(a) To investigate violations, to conduct preliminary investigations, file the corresponding information in court and prosecute all violators of the laws mentioned in Section two of this Act."(b) To furnish professional services to informers who wish to avail themselves of Section three-A of Commonwealth Act Numbered One hundred and eight, as inserted therein by Republic Act Numbered One hundred and thirty-four."(c) To enter as amicus curiae in all court cases, which may have arisen from dummy cases."(d) To devise ways and means for the carrying out of an educational propaganda against dummies."(e) To devise ways and means for the carrying out and the implementation of all nationalization laws."(f) To issue rules and regulations for the government of the Board and that of the subcommittees and chapters to be established under the provisions hereof; and"(g) To perform such other duties to enable the Board to carry out the purposes for which it has been created."

SEC. 4. Section four of the same Act is hereby amended to read as follows:

"SEC. 4. In order to carry out its duties effectively the Board shall be empowered to issue by itself or through any of its authorized officers or investigators, subpoena and subpoena duces tecum, to designate any of its officers or investigators to administer oaths in the investigation of dummy cases and to examine the books and accounts of any person, association or corporation involved in said cases."

SEC. 5. Section five of the same Act is hereby amended to read as follows:

"SEC. 5. The Anti-Dummy Board shall have its main office in the City of Manila or its suburbs and shall meet at such time as it may designate. The presence of three members of the Board shall constitute a quorum for the transaction of any of its business. The Board shall distribute its work among its members by lot: Provided, That the Chairman shall exercise supervision over the other members of the Board. The President of the Philippines, upon the recommendation of the Secretary of Justice, shall designate one member of the Board to act as Executive Director, who shall serve as such until relieved by the President of the Philippines. The Executive Director shall be the executive and administrative head of the office and shall render full time service. He shall have the following duties: To exercise immediate administrative supervision and control over all personnel, execute all policies laid down by the Board, act on and approve all vouchers, payrolls and all kinds of disbursements from the funds of the Board, and perform such other function and duties as may be assigned by the Board."With the exception of the Chairman of the Board, each member of the Board shall render full time service and shall receive a salary of sixteen thousand pesos per annum: Provided, That nothing in this law shall affect the tenure of office of the incumbent members of the Board and the personnel thereof who shall continue as such without the need for reappointments."

SEC. 6. Section six of the same Act is hereby amended to read as follows:

"SEC. 6. There shall be an Assistant Executive Director in lieu of the Secretary-Treasurer of the Anti-Dummy Board, who shall be a member of the Philippine Bar and who shall be appointed by the Board. The provision of any law to the contrary notwithstanding, the said officer shall receive an annual compensation of at least nine thousand pesos. The duties of the Assistant Executive Director shall be to act in behalf of the Executive Director in his absence, to act as Secretary of the Board, to keep full and correct minutes of all the proceedings of the Board; and to perform such other duties as may be assigned to him by the Board or by the Executive Director."The Anti-Dummy Board may appoint special prosecutors, investigators and other employees as it may deem necessary and fix their duties and salaries the provisions of any law to the contrary notwithstanding: Provided, That the investigators appointed by the Board shall be lawyers, and/or certified public accountants, the proportion of the number of lawyers and accountants to be at the discretion of the Board. Each investigator shall receive a salary of at least four thousand eight hundred pesos per annum, the provisions of any law to the contrary notwithstanding."The President may, upon recommendation of the Board detail one or more assistant provincial fiscals or assistant attorneys under the Department of Justice, or any other employees in the national, provincial, city or municipal governments, on special duty with the Board. Employees so detailed shall perform such duty as is required under such detail, and the time so employed shall count as part of their regular official service."

SEC. 7. Section seven of the same Act is hereby amended to read as follows:

"SEC. 7. The permanent officials and employees of the Anti-Dummy Board and those detailed under special duty therewith, and such other officers and employees of the Government as may be designated by the Chairman of the Board, are hereby made deputies of the Anti-Dummy Board, with full authority to enforce the provisions of Sections three and four of this Act and the Nationalization Laws, and to arrest offenders against the same."

SEC. 8. To carry out effectively the provisions of this Act, the sum of six hundred thousand pesos is hereby authorized to be appropriated, out of any funds in the National Treasury not otherwise appropriated, in addition to the appropriation in the General Appropriations Act of nineteen hundred sixty-six, for the payment of the salaries of the necessary personnel, increases in salaries, for the purchase of necessary equipment, motor vehicles and supplies, and for sundry expenses to be incurred to carry into effect the provisions of this Act during the fiscal year nineteen hundred sixty-six and sixty-seven. Thereafter, the necessary sum for the additional operation of the Board as provided for in this Act shall be included in the General Appropriations Act.SEC. 9. This Act shall take effect upon its approval.Approved. August 4, 1969.

Source: Supreme Court E-Library