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EXECUTIVE ORDERS
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EXECUTIVE ORDER NO. 312 -
ESTABLISHING THE ERAP’S SAGIP NIYUGAN PROGRAM AS AN EMERGENCY MEASURE
TO ALLEVIATE THE PLIGHT OF COCONUT FARMERS ADVERSELY AFFECTED BY LOW
PRICES OF COPRA AND OTHER COCONUT PRODUCTS, AND PROVIDING FUNDS THEREFOR
WHEREAS,
several legislations were enacted imposing coconut levies intended to
establish funds for the support and development of the coconut industry
and for the benefit of coconut farmers;
WHEREAS, pursuant to the said legislation, the United Coconut Planters
Bank as the designated Administrator of the Coconut Levy Funds under
the statutory provisions of Presidential Decree No. 755 and
Presidential Decree No. 1468, invested a portion of the Coconut
Consumers Stabilization Fund (hereinafter referred to as the Coconut
Industry Investment Fund [“CIIF”]), not required to be utilized for the
purposes for which said Funds were established, in shares of stock of
various corporations, including San Miguel Corporation (“SMC”);
WHEREAS, the shares of stock in SMC acquired through the use of the
CIIF (hereinafter referred to as the “CIIF SMC Shares”) are registered
in the names of various corporations (hereinafter referred to as the
“CIIF Holding Companies”) which are likewise owned and controlled by
the CIIF;
WHEREAS, said CIIF Holding Companies have been sequestered by the
Presidential Commission on Good Government (“PCGG”) by virtue of
Executive Order Nos. 1, 2, 14 and 14-A;
WHEREAS, by reason of the sequestration of businesses established and
the assets and properties acquired through the use of the coconut levy
funds, including the CIIF SMC Shares, such businesses, property and
assets and the CIIF SMC Shares have not been utilized for the benefit
of their beneficiaries;
WHEREAS, the issue of the ownership of the coconut levy funds, as well
as the businesses and assets established therewith, including the CIIF
SMC Shares, is presently pending before the Sandiganbayan in Civil Case
No. 0033, entitled “Republic of the Philippines vs. Eduardo Cojuangco,
Jr. et al.”;
WHEREAS, the Supreme Court had declared in G.R. No. 75713 that:
“The
utilization and proper management of the coconut levy funds, raised as
they were by the State’s police and taxing powers are certainly the
concern of the Government. It cannot be denied that it was the welfare
of the entire nation that provided the prime moving factor for the
imposition of the levy. It cannot be denied that the coconut industry
is one of the major industries supporting the national economy. It is,
therefore, the State’s concern to make it a strong and secure source
not only of the livelihood of a significant segment of the population
but also of export earnings the sustained growth of which is one of the
imperatives of economic stability. The coconut levy funds are clearly
affected with public interest.” (Philippine Coconut Producers
Federation, Inc. (COCOFED), et al. vs. Presidential Commission on Good
Government (PCGG), et al., G.R. No. 75713, Oct. 2, 1989, 178 SCRA 236,
252);
WHEREAS, the Supreme Court, in a
Resolution issued on December 13, 1994 in G.R. No. 96073, entitled
“Republic vs. Sandiganbayan (First Division), et al.” Resolved to “to
DENY the Solicitor General’s (a) Urgent Motion to Resolve Legal
Question on the Character of the Coconut Levy Funds and to Declare as
Unconstitutional Sec. 5, Article III, P.D. 1468” filed in behalf of
the PCGG. Further, in its resolution of March 26, 1996, in the same
case, the Supreme Court, resolved “to DENY the Solicitor General’s
prayer to: (a) declare the coconut levies collected pursuant to various
issuances as public funds; (b) declare unconstitutional Section ,
Article III of Presidential Decree No. 1468”;
WHEREAS, the delay in the resolution of the aforestated issues relating to the nature and ownership of the CIIF Investments has been inimical to the coconut industry and the coconut farmers;
WHEREAS, to immediately address the abnormal price situation in the coconut industry sector brought by worldwide glut of fats and oils in the world market, there is a need to launch an income supplement program for coconut farmers entitled “ERAP’s Sagip Niyugan Program” that will provide then immediate relief from the adverse effects of extremely low prices of copra and husked nuts;
WHEREAS, the appropriate funding for the ERAP’s Sagip Niyugan Program is the coconut levy fund that may be generated from the disposition or sale of CIIF SMC Shares and such other property and assets acquired through or by entities financed by the coconut levy fund;
WHEREAS, the coconut farmers deserve to avail of the benefits of the coconut levy fund at this time when they suffer from economic hardships and dislocation;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the powers vested in me by law, hereby direct and order, as follows:
Section 1.
Sec. 2.
(a)
(1)
(2)
(3)
(4)
(5)
(1)
(2)
Sec. 3.
Sec. 4.
The PCGG, Office of the Solicitor General and other appropriate
government instrumentality are hereby directed to take all necessary
steps to implement the purposes and objectives of this Executive Order.
Sec. 5.
Sec. 6.
Sec. 7.
Sec. 8.
Sec. 9.
Done in the City of Manila,
this 3rd day of November, 2000.
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