QuestionsQuestions (EXECUTIVE ORDER NO. 277)
They are clearly affected with public interest and are thus subject to government measures, including accounting under relevant executive orders and oversight mechanisms.
Because the coconut levy funds are clearly affected with public interest, corporations formed and organized from those funds, and all assets acquired therefrom, should also be regarded as clearly affected with public interest.
They are (a) Coconut Investment Fund (created under R.A. 6260), (b) Coconut Consumers Stabilization Fund (under P.D. 276), (c) Coconut Industry Development Fund (under P.D. 582), and (d) Coconut Industry Stabilization Fund (under P.D. 1841).
They shall be treated, utilized, administered, and managed as public funds consistent with the uses and purposes under the laws that created them and with government development priorities for the coconut industry and welfare of coconut farmers.
Coconut productivity, rehabilitation, research, extension, farmers organizations, and market promotions programs.
Primarily the 1987 Constitution’s provisions empowering the Commission on Audit (Sec. 2[1] and Sec. 3 of Article IX-D) over government funds, and the principle on special funds in Sec. 23(3) Article VI.
It relies on COA’s interpretation that coconut levy falls within government funds and thus is subject to COA audit, referencing COA’s position that it appears to fall under PD 1445 Sec. 63.
It generally requires that moneys and property officially received by a public officer in any capacity or upon any occasion must be accounted for as government funds and government property, unless otherwise specifically provided by law or competent authority.
It indicates that under the Constitution, tax revenues for special purposes are treated as special funds, and if fulfilled/abandoned, balances go to the general fund—supporting the view that coconut levy is still governmental in character and subject to proper accounting and disposition.
Because they are forced contributions imposed by the taxing power on coconut farmers, neither dependent on contractual assent nor will of the persons taxed, and imposed upon first domestic sales of copra and/or equivalent coconut products.
Pursuant to R.A. 6260, P0.55 per 100 kilograms on first domestic sale (copra equivalent) accrues to the Coconut Investment Fund (CIF), and under P.D. 276, a levy of P15.00 per 100 kilograms (or equivalent in other products) accrues to the Coconut Consumers Stabilization Fund (CCSF).
Heads of the Department of Agriculture, Presidential Commission on Good Government (PCGG), Philippine Coconut Authority, United Coconut Planters Bank, and The Coconut Industry Investment Fund, with the Secretary of Agriculture as Chairman, in consultation with representatives of the coconut industry, including coconut farmer organizations.
A Master Plan for the years 1995 to 2000.
All existing laws, rules, and regulations governing custodianship, use, disposition, disbursement and/or divestment of public funds and properties shall be applied to the utilization, administration, and management of the coconut levy funds.
It implies that the funds must be properly accounted for as government funds and are subject to COA audit and related government financial control systems, consistent with constitutional and statutory mandates.