WHEREAS,
the Coconut Industry has attained magnitudes that necessitate a more
concerted effort at integrating the diffuse efforts currently being
exerted towards its development;chanroblesvirtualawlibrary
WHEREAS, the global perspective on international fats and oil supply
situation indicates a need for developing other industrial and food
uses of coconut through a more purposeful and integrated research
activity;chanroblesvirtualawlibrary
WHEREAS, the present stage of development of the coconut and other palm
oils in the country is generally characterized by relatively low yields
and quality that could be substantially improved given the necessary
support from concomitant development activities such as research
extension work, marketing and the strengthening of credit institutions;chanroblesvirtualawlibrary
WHEREAS, the economic well-being of a major part of the population
depends to a large extent on the viability of the industry and its
improvement in the areas of production, processing and marketing;chanroblesvirtualawlibrary
WHEREAS, the industry needs an intensive, extensive and sustained
foreign trade promotion effort in order that its position in markets
abroad will be maintained and enhanced;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, as amended
by Proclamation No. 1104, dated January 17, 1973 and General Order No.
1, dated September 22, 1972, as amended, in order to effect the desired
and necessary changes and reforms of the social and economic structure
of our society, do hereby decree the creation of a Philippine Coconut
Authority, as follows:cralaw:red
Section 1. Declaration of Policy. — It shall be the
policy of the state to promote accelerated growth and development of
the coconut and other palm oils industry so that the benefits of such
growth shall accrue to the greatest number, and to provide continued
leadership and support in the integrated development of the industry.
Section 2. Purposes and Objectives. — The Authority
shall have the following purposes and objectives:cralaw:red
a. To promote the accelerated development of the
coconut and other palm oils industry in all its aspects;chanroblesvirtualawlibrary
b. To provide general directions for the steady and
orderly development of the industry;chanroblesvirtualawlibrary
c. To achieve vertical integration of the coconut
industry so that coconut farmers become participants in and
beneficiaries of the development and growth of the coconut
industry. chanroblesvirtualawlibrary
Section 3. Powers and Functions. — To carry out the
purposes and objectives mentioned in the preceding section, the
Authority, through its Board as hereinafter constituted, is hereby
vested with the following powers, in addition to those transferred to
it under Section 6 of this Decree:cralaw:red
a. To formulate and adopt a general program of
development for the coconut and other palm oils industry;chanroblesvirtualawlibrary
b. To evaluate the existing policies, programs and
projects of all agencies and instrumentalities having to do with
industry development and to integrate and coordinate the various facets
of such activities into the approved general development program;chanroblesvirtualawlibrary
c. To recommend to the President of the Philippines
and, upon his approval, to effect the integration of agencies charged
with the prosecution of certain aspects of industry development with
the view of attaining efficiency and effectiveness in implementation of
the general program;chanroblesvirtualawlibrary
d. To supervise, coordinate and evaluate the
activities of all agencies charged with the implementation of the
various aspects of industry development, and to allocate and/or
coordinate the release of public funds in accordance with approved
development programs and projects;chanroblesvirtualawlibrary
e. To regulate the marketing and export of coconut
products and by-products, as well as those of other palm oils,
including the establishment of quotas thereon, whenever the national
interest so requires;chanroblesvirtualawlibrary
f. To receive and administer funds provided by law;
to draw, with the approval of the President, funds from existing
appropriations as may be necessary in support of its program, and to
accept donations, grants, gifts and assistance of all kinds from
international and local private foundations, associations or entities,
and to administer the same in accordance with the instructions or
directions of the donor or, in default thereof, in the manner it may in
its direction determine; chanroblesvirtualawlibrary
g. To borrow the necessary funds from local and
international financing institutions, and to issue bonds and other
instruments of indebtedness, subject to existing rules and regulations
of the Central Bank, for the purpose of financing programs and projects
deemed vital and necessary for the early attainment of its goals and
objectives;chanroblesvirtualawlibrary
h. To formulate and recommend for adoption credit
policies affecting production, marketing and processing of coconut and
other palm oils;chanroblesvirtualawlibrary
i. To formulate and recommend for adoption by other
agencies and instrumentalities, such programs and projects as are
necessary to accelerate industry development;chanroblesvirtualawlibrary
j. To enter into, make and execute contracts of any
kind as may be necessary or incidental to the attainment of its
purposes and, generally, to exercise all the powers necessary to
achieve the purposes and objectives for which it is organized.
Section 4. Governing Board. — The Authority shall be
governed by a Board of eleven members, who shall meet as often as
necessary, composed of:cralaw:red
a. Three representatives at-large of the private
sector, to be appointed by the President, who shall have recognized
competence in the many facets of the industry and be leaders of the
industry acknowledged by both the government and private sector members
of the coconut community;chanroblesvirtualawlibrary
b. The Chairman, National Science Development Board;chanroblesvirtualawlibrary
c. The Undersecretary of Agriculture and Natural
Resources;chanroblesvirtualawlibrary
d. The Undersecretary of Trade;chanroblesvirtualawlibrary
e. The President, Philippine Coconut Producers
Federation;chanroblesvirtualawlibrary
f. The Chairman, United Coconut Associations of the
Philippines;chanroblesvirtualawlibrary
g. The Chairman of the Board, Coconut Investment
Company;chanroblesvirtualawlibrary
h. The Director, Bureau of Plant Industry;chanroblesvirtualawlibrary
i. The Director, Bureau of Agricultural Extension.
A Chairman shall be designated by the President from the members of the
Board. The Board shall elect a Vice-Chairman who shall assume the
functions of the Chairman, whenever the latter is absent or
incapacitated, and an Executive Committee of five from among its
members, to which it may delegate such powers as it deems fit.
Section 5. Management. — The management of the
Authority shall be vested in an Administrator, to be appointed by the
Board, who shall have the following powers and duties: chanroblesvirtualawlibrary
a. To direct and manage the affairs and business of
the Authority, in accordance with policies and plans enunciated by the
Board;chanroblesvirtualawlibrary
b. To recommend and, upon approval by the Board, to
establish and maintain an organization with specific functions and
responsibilities for each operating unit;chanroblesvirtualawlibrary
c. To appoint and fix the number, with the approval
of the Board, of such officials and employees of the Authority as may
be necessary for the proper discharge of its functions and
responsibilities, and with the approval likewise of the Board, to
remove, suspend and otherwise discipline, for just cause, any
subordinate personnel thereof;chanroblesvirtualawlibrary
d. To prepare and submit thirty days after the close
of each fiscal year an annual report to the President, and such
periodic reports of activities as may be required from time to time; and
e. To perform such other duties as may be designed to
him by the Board from time to time. chanroblesvirtualawlibrary
Section 6. Abolished Agencies and Transitory
Provisions. — The Coconut Coordinating Council (CCC), the Philippine
Coconut Administration (PHILCOA) and the Philippine Coconut Research
Institute (PHILCORIN) are hereby abolished and their powers and
functions transferred to the Philippine Coconut Authority, together
with all their respective appropriations, funding from all sources,
equipment and other assets, and such personnel as are necessary;
Provided, That personnel separated from the service hereby shall have
the same rights and privileges accorded to other government employees
as a result of implementation of the Integrated Reorganization Plan;
Provided, further, That the Authority, through its Board, shall effect
that transfers herein provided in a manner that will insure the least
disruption of on-going programs and projects; Provided, finally, That
in the period prior to the actual assumption of duties by the Board and
its functioning as such, all officers and employees of the abolished
agencies shall continue to exercise all their functions and discharge
all their duties and responsibilities until ordered otherwise by the
Board of the Authority, except that the Board of the PHILCORIN and the
PHILCOA as well as the Council itself, shall immediately cease to exist
upon the effectivity of this Decree, and their functions shall be
exercised in the interim by the Chairman of the National Science
Development Board, in the case of the PHILCORIN and the Secretary of
Agriculture and Natural Resources in the case of the PHILCOA and the
CCC, with their incumbent Director, Chairman-General Manager and
Executive Director, respectively, as executive officers.
Section 7. For purposes of coordinating plans and
policies, in accordance with Part II, Chapter IV, Article III, Par. 2
of the Integrated Reorganization Plan, the Authority shall be attached
to the Department of Agriculture and Natural Resources.
Section 8. Repealing Clause. — All laws, executive
and administrative orders, rules and regulations inconsistent with the
foregoing provisions are hereby repealed or amended accordingly.
Section 9. Separability Clause. — If any provision of
this Decree is held unconstitutional, the same shall apply only to the
provision and the remainder hereof remains valid. chanroblesvirtualawlibrary
Section 10. Effectivity. — This Act shall take effect
immediately.
Done in the City of Manila,
this 30th day of June, in the year of Our Lord, nineteen hundred and
seventy-three.
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