Amending P.D. No. 78 (s. 1972) As Amended

December 14, 1980

PRESIDENTIAL DECREE NO. 1753

FURTHER AMENDING PRESIDENTIAL DECREE NO. 78 DATED DECEMBER 8, 1972 AS AMENDED BY PRESIDENTIAL DECREE NO. 1149 DATED JUNE 2, 1977

WHEREAS, Section 79 (D) of the Revised Administrative Code vests in the Ministry Head the power to appoint all subordinate officers and employees whose appointment is not expressly vested by law in the President of the Philippines;

WHEREAS, pursuant to Presidential Decree No. 1 dated 24 September 1972, as implemented by Section 24, Letter of Implementation No. 19 dated 31 December 1972, the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) then Weather Bureau was placed under the jurisdiction of the Ministry of National Defense;

WHEREAS, PAGASA having been placed under the jurisdiction of the Ministry of National Defense, all administrative matters to include approval of appointments must be within the competence of the Ministry Head for effective supervision and control;

WHEREAS, under Section 5 of PD No. 78 as amended by PD No. 1149, all subordinate personnel of PAGASA below the rank of Director shall be appointed by the Director General upon recommendation of the respective Director of office; and

WHEREAS, to attain uniformity of action on the matter of appointments of all subordinate officials and employees in the Ministry of National Defense, all appointments in PAGASA shall be elevated to the Ministry Head for approval;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree: cdt

 Section 5 of Presidential Decree No. 78, as amended by Presidential Decree No. 1149, is hereby further amended to read as follows:

"Sec. 5. Director-General, Director of Organizational Units, Other Personnel. — The PAGASA shall be headed by a Director-General. The Director-General shall be appointed by the President of the Philippines. He shall hold office during good behavior and shall not be removed therefrom except for cause. He shall be a citizen of the Philippines with proven executive ability who shall have distinguished himself in science and technology; Provided, That no one shall be appointed Director-General who is already holding an appointive or elective position in a concurrent capacity in the Government. Each Director of major organizational units of PAGASA shall be appointed by the President of the Philippines. He shall be a citizen of the Philippines with proven executive ability who shall have achieved distinction in his particular field. Provided, That the incumbent head of each major organizational units of PAGASA shall continue as Director of his respective unit.

All subordinate personnel of PAGASA below the rank of Director shall be appointed by the Minister of National Defense upon recommendation of the Director-General, PAGASA, in accordance with applicable Civil Service laws and rules."

SECTION 2. This Decree shall take effect immediately.

DONE in the City of Manila, this 14th day of December, in the year of Our Lord, Nineteen Hundred and Eighty.

Published in the Official Gazette, Vol. 77 No. 4, 449-17 Supp., on January 26, 1981.