CHAPTER III
The National Plant Variety Protection Board
ARTICLE 4. Composition. – The National Plant Variety Protection Board shall be composed of the following or their duly designated representatives.
a) The Secretary of the Department of Agriculture, as Chairman;
b) The Secretary of the Department of Science and Technology, as Co-Chairman;
c) The Director-General of the Intellectual Property Office, as Vice Chairman;
d) The Director of the Bureau of Plant Industry;
e) The Director of the Institute of Plant Breeding of the University of the Philippines Los Baños;
f) The President of the Philippine Seed Industry Association;
g) A representative from a federation of small farmers’ organizations to be nominated by the Secretary of Agriculture;
h) A representative from the scientific community to be nominated by the National Academy of Science and Technology; and
i) The Registrar [Sec. 66, para. 1]
All members of the Board shall serve ex officio, except for the representatives of the federation of small farmers’ organizations and the scientific community who shall each serve for three (3) years, renewable for another three-year period.
ARTICLE 5. Designation and Authority of Representatives. – The members of the Board may designate their respective representatives by written notice to the Registrar. All actions and decisions made by the representative shall be considered as those of the member, unless the latter notifies the Board in writing of the limits of authority of his representative.
ARTICLE 6. Qualifications of Members. – The members of the Board or their representatives must be Filipino citizens, have good moral character and should not have been convicted of a crime involving moral turpitude. [Sec. 66, para. 2]
ARTICLE 7. Functions of the Board. – The functions of the Board are to:
a) Promulgate policy guidelines for the effective implementation of the provisions of the Act;
b) Have original and exclusive appellate jurisdiction over all decisions of the registrar;
c) Have original jurisdiction over petitions for compulsory licensing, nullity and cancellation of the Certificates of Plant Variety Protection;
d) Establish and maintain a database of existing plant varieties, collected from foreign and local databases, within one (1) year from the effectivity of the Act;
e) Call on resource persons to provide inputs that will be relevant in the performance of the tasks of the Board;
f) Organize the Plant Variety Protection Office as it sees fit;
g) Approve capital expenditures and contracts of experts;
h) Encourage farming communities and bona fide farmers’ organizations to build an inventory of traditional and locally-bred materials as an option to protect these resources from misappropriation and unfair monopolization; and
i) Perform all other functions as may be required in the implementation of the Act. [Sec. 66, para. 3; Sec. 72]
ARTICLE 8. Meetings. – The Board shall meet at least twice a year; Provided, that the Chairman or the Co-Chairman, or in their absence, the Vice Chairman may call special meetings whenever necessary. A majority of the Board members must be present or represented in order to constitute a quorum. If no quorum is constituted, the meeting shall be adjourned until the requisite number of Board members is present or represented. All decisions of the Board shall be by a majority vote of all members, present, provided there is a quorum.
Notices for regular or special meetings of the Board may be sent by personal delivery, by mail, by facsimile or by electronic mail at least one (1) week prior to the date of the meeting: Provided, that if sent by facsimile or electronic mail there is evidence to show receipt thereof by the addressee. The notice shall state the place, date and time of the meeting, and the purpose or purposes for which the meeting is called.
When the meeting of the Board is adjourned to another time or place, it shall not be necessary to give any notice of the adjourned meeting if the time and place to which the meeting is adjourned are announced at the meeting at which the adjournment is taken. At the reconvened meeting, any business may be transacted that should have been transacted on the original date of the meeting.
Meetings of the Board shall be presided over by the Chairman or Co-Chairman, or in their absence, the Vice Chairman, or if none of the foregoing is in office and present and acting, by a chairman to be chosen by the remaining Board members. The Registrar shall act as Secretary of every meeting, but if not present, the chairman of the meeting shall designate the Associate Registrar or any other member of the Board to act as secretary of the meeting.
ARTICLE 9. Compensation. – The Board members shall not receive any compensation. However, they shall be entitled to per diem and allowances for their attendance in meetings of the Board in such amounts as shall be in accordance with law.
CHAPTER IV
The National Plant Variety Protection Registrar
ARTICLE 10. The Registrar. – There shall be a National Plant Variety Protection Registrar appointed by the President of the Philippines upon recommendation of the Board. The Registrar shall be under the control and supervision of the Board and shall have a term of six (6) years. However, the Registrar who shall be first appointed shall serve for a term of seven (7) years. [Sec. 74, para. 1]
ARTICLE 11. Qualifications of a Registrar. – The Registrar shall be a citizen of the Philippines with good moral character, extensive executive experience and capability, and preferably with proven track record in the field of plant science. [Sec. 74, para. 2]
ARTICLE 12. Functions of the Registrar. – The Registrar shall have the following functions:
a) Has original and exclusive jurisdiction to receive, process, examine all applications for Certificates of Plant Variety Protection in accordance with the Act, and in meritorious case, issue the said certificates and sign them in the name of the Board;
b) Issue and maintain a systematic record of all Certificates of Plant Variety Protection and transactions related thereto;
c) Implement the rules and regulations issued by the Board;
d) Institutionalize, maintain and continuously update a database of existing plant varieties collected from foreign and local databases, including community inventories;
e) Maintain a library of scientific and other works and periodicals, both foreign and local, to aid plant variety protection examiners in the discharge of their duties and the applicants in the filing of their applications for Certificates of Plant Variety Protection;
f) Maintain samples of the propagating materials of the protected variety; and g) Perform such other functions as may be prescribed by the Board. [Sec. 74, para. 3].
ARTICLE 13. The Associate Registrar. – There shall be an Associate Registrar appointed by the President of the Philippines upon recommendation of the Board. The Associate Registrar shall be under the control and supervision of the Board and shall have a term of six (6) years. The Associate Registrar shall have the same qualifications as that of the Registrar, and shall perform such functions as the Registrar may assign to him.
