Question & AnswerQ&A (Republic Act No. 1365)
Copra buyers are required to use moisture meters approved by the Institute of Science and Technology to determine the percentage of moisture content in copra during every first domestic purchase of a particular lot of copra at the place where the purchase is made.
Buyers who fail to use moisture meters shall, upon conviction, be subject to imprisonment for not less than one month nor more than six months and a fine of not less than one thousand pesos nor more than five thousand pesos, with subsidiary imprisonment in case of insolvency.
The Institute of Science and Technology is responsible for examining, testing, and approving moisture meters to be used for determining the moisture content of copra.
The Institute collects a fee of twenty pesos for the approval of each moisture meter and ten pesos for each re-certification, and these fees form a special fund exclusively used by the Institute to discharge its functions under the Act.
No, only moisture meters of local manufacture shall be approved for use by the Institute as provided by the Act.
A certificate issued by the Institute of Science and Technology indicating the meter's approval, brand, serial number, and calibration details must be conspicuously posted near the moisture meter.
Moisture meters must be re-certified every 180 days from the issuance of the certificate. Re-certification shall be refused if the meter is found no longer fit for determining the moisture content of copra.
Persons who tamper with or use tampered moisture meters, or consent to their use, are subject to imprisonment from one to six months, fines ranging from one thousand to five thousand pesos, and subsidiary imprisonment in case of insolvency. Aliens are also subject to deportation.
Sellers or their representatives must be allowed by buyers or their representatives to witness the moisture content reading of the copra sold.
Samples constituting at least 10% of the entire stock must be drawn at random in the presence of both the seller's and buyer's representatives, mixed thoroughly, and a representative sample from the mixture is then taken for moisture testing.
Conviction for fraud in sample picking or misreading moisture meter readings to the prejudice of either party results in imprisonment from one to six months, fines between one thousand and five thousand pesos, and subsidiary imprisonment in case of insolvency, with aliens subject to deportation.
The Committee formulates a scale establishing graduated deduction rates based on moisture content. It is composed of the Philippine Coconut Administration Board Chairman (Chairman), a representative of the national organization of Philippine coconut planters, and a representative of national copra exporters.
Prices of copra shall be quoted on the basis of resecada with five percent moisture. No deduction is prescribed for copra with exactly five percent moisture, and copra with less than five percent moisture gets a premium.
The Philippine Coconut Administration supervises moisture meter operation and certificate issuance, imposing a levy of five centavos per 100 kilos of copra on buyers for every first domestic purchase to fund its supervision, with proceeds used exclusively for that purpose.
The penalty provided in section two — imprisonment from one to six months and fines from one thousand to five thousand pesos with subsidiary imprisonment in case of insolvency — applies to violations of provisions that lack specific penalties.
The manager or person acting as such is responsible for violations committed by a juridical person under this Act.
All violations are prosecuted as ordinary criminal actions under the same rules and procedures.
The Act took effect upon its approval on June 18, 1955.