WHEREAS, an
escalating crisis brought about by an abnormal situation in the world
market for fats and oils has resulted in supply and price dislocations
in the domestic market for coconut-based consumer goods, and has
created hardships for consumers thereof;chanroblesvirtualawlibrary
WHEREAS, the representatives of the coconut industry, considering their
social and moral responsibilities in this respect have proposed the
implementation of an industry-financed stabilization scheme which will
permit socialized pricing of coconut-based commodities; chanroblesvirtualawlibrary
WHEREAS, it is the policy of the State to promote the welfare and
economic well-being of the consuming public;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 and General
Order No. 1, date September 22, 1972, as amended, do hereby decree that:cralaw:red
1. In addition to its powers granted under
Presidential Decree No. 232, the Philippine Coconut Authority is hereby
authorized to formulate and immediately implement a stabilization
scheme for coconut-based consumer goods, along the following general
guidelines:cralaw:red
a. A levy, initially, of P15.00 per 100 kilograms of
copra resecada or its equivalent in other coconut products, shall be
imposed on every first sale, in accordance with the mechanics
established under RA 6260, effective at the start of business hours on
August 10, 1973. chanroblesvirtualawlibrary
The proceeds from the levy shall be deposited with the Philippine
National Bank or any other government bank to the account of the
Coconut Consumers Stabilization Fund, as a separate trust fund which
shall not form part of the general fund of the government.
b. The Fund shall be utilized to subsidize the sale
of coconut-based products at prices set by the Price Control Council,
under rules and regulations to be promulgated by the Philippine
Consumers Stabilization Committee, which is hereby created, to be
composed of the following:cralaw:red
1) The Undersecretary of Agriculture and Natural
Resources as Chairman;chanroblesvirtualawlibrary
2) The Chairman of the Price Control Council, or his
duly authorized representative;chanroblesvirtualawlibrary
3) The Undersecretary of Trade, or his duly
authorized representative;chanroblesvirtualawlibrary
4) A representative of the Secretary of National
Defense;chanroblesvirtualawlibrary
5) The President of the Philippine Coconut Producers
Federation; or the Federation's duly authorized representative;chanroblesvirtualawlibrary
6) The Chairman of the United Coconut Associations of
the Philippines, or the Association's duly authorized representative;chanroblesvirtualawlibrary
7) The President of the Philippine Coconut Oil
Producer's Association, or the Association's duly authorized
representative;chanroblesvirtualawlibrary
8) The President of the Philippine Copra Exporter's
Association, or the Association's duly authorized representative;
and chanroblesvirtualawlibrary
9) A representative of the coconut oil refineries.
c. To the extent delegated by the Philippine Coconut
Authority, the Coconut Consumer's Stabilization Committee shall have
the following powers and functions:cralaw:red
1) To determine the base price of the raw materials,
on which to set the subsidy;chanroblesvirtualawlibrary
2) To review and revise when necessary the amount of
the levy imposed. It is understood, however, that when the price of
copra equals the authorized base price, the collection of the levy
shall be suspended automatically;chanroblesvirtualawlibrary
3) To establish a monitoring system to ascertain that
a steady and adequate supply of the subsidized products is distributed
at socialized prices; and to issue subpoena and subpoena duces tecum
whenever required for effective monitoring and investigation as to
compliance with its promulgations;chanroblesvirtualawlibrary
4) To order the payment of the subsidy;chanroblesvirtualawlibrary
5) To establish a Secretariat, headed by an Executive
Director, who shall attend to the day-to-day business and affairs of
the Committee, and provide for the Secretariat's operating expenses;chanroblesvirtualawlibrary
6) To call on any government agency or entity to
assist it in carrying out this Decree and the promulgations made
thereunder; and
7) To perform such other duties and functions in
furtherance of this Decree.
2. The collection of the Stabilization Fund Levy and
the existence of the Stabilization Committee shall terminate after one
year or earlier, provided the crisis for which the measure was
instituted no longer exists as determined by the Philippine Coconut
Authority, whereupon any balance remaining of the Fund shall
immediately revert to and form part of the Coconut Investment Fund
constituted under RA 6260. chanroblesvirtualawlibrary
3. Any person or firm who violates any provision of
this Decree or the rules and regulations promulgated thereunder, shall,
in addition to penalties already prescribed under existing
administrative and special law, pay a fine of not less than P2,500 or
more than P10,000, or suffer cancellation of licenses to operate, or
both, at the discretion of the Court. chanroblesvirtualawlibrary
4. All laws, executive and administrative orders,
rules and regulations inconsistent with the with the foregoing
provisions are hereby repealed or amended accordingly.
5. If any provision of this Decree is held
unconstitutional, the same shall apply only to that provision and the
remainder hereof remains valid. chanroblesvirtualawlibrary
6. This Decree shall take effect immediately.
Done in the City of Manila,
this 20th day of August, in the year of Our Lord, nineteen hundred and
seventy-three.
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