Key Definitions
- Coconut Farmer: owners, leaseholders, tenants with farms not exceeding five hectares, including seasonal or itinerant laborers.
- Coconut Levy Assets: all properties acquired through Coconut Levy Funds, including shares, companies, and preferred shares.
- Coconut Levy Funds: funds generated via levies on copra and related products, created under various laws and decrees.
- Designated Disposition Entity (DDE): government-owned entities responsible for asset disposition.
Coconut Farmers and Industry Development Plan
- Prepared by the Philippine Coconut Authority (PCA) and approved by the President.
- Associates various stakeholders for consultation and development.
- Sets 50-year direction for industry development with objectives:
- Increase productivity and incomes
- Alleviate poverty and promote social equity
- Industry rehabilitation and modernization
- Includes programs for community enterprises, social protection, farmer organization, research, and processing.
- Criteria for beneficiary targeting, impact monitoring, and funding allocation included.
- Annual funding percentages specified across different programs (seed farms, training, research, insurance, diversification, facilities, credit, infrastructure, scholarships, health).
- PCA to finalize a farmer registry and submit plan within 120 days, with agency coordination and advisory reviews.
Reconstitution of Philippine Coconut Authority (PCA)
- PCA reconstituted as independent public corporation.
- PCA Board composition includes key government secretaries and three farmer representatives from Luzon, Visayas, and Mindanao.
- Farmer representatives must meet specific qualifications and be nominated by active farmer organizations.
- One-year terms for Board appointees, with processes for nomination and appointment.
Reconveyance of Coconut Levy Assets and Funds
- All agencies (except BTr) must reconvey Coconut Levy Assets to the Republic within one year.
- Assets include stocks, cash, and properties identified by Supreme Court as government-owned.
- Presidential Commission on Good Government (PCGG) tasked to inventory assets and report.
- Commission on Audit (COA) to audit asset inventory and valuation with public disclosure.
- Third-party appraisals may be procured.
Coconut Farmers and Industry Trust Fund Creation and Capitalization
- Trust Fund created for 50 years for the benefit of coconut farmers and industry development.
- Separate from PCA’s regular appropriations.
- Initial capital from SMC shares, dividends, cash assets with a specified yearly transfer schedule totaling billions of pesos.
- Proceeds from asset privatization added to the Fund.
- Annual minimum allocation of 5 billion pesos for projects.
Trust Fund Utilization
- Trust Fund used per the Development Plan.
- Initial 5 billion pesos allocation provided to designated implementing agencies.
- Allocation for PCA for plan formulation specified.
Trust Fund Management Committee
- Composed of representatives from DOF, DBM, DOJ.
- Responsible for investment strategy, asset allocation, fund disbursement guidelines, and other administrative policies.
- BTr serves as Secretariat, maintains records, and is subject to COA audit.
- Management expenses capped at 0.5% of Trust Fund principal.
Department of Finance as Trust Fund Manager
- DOF tasked with implementing investment strategies and portfolio management.
- Monitors market, recommends strategy, supervises designated disposition entities (DDEs).
BTr as Depository and Custodian
- Holds and manages Trust Fund assets, releases funds to implementing agencies per plan.
- Invests cash assets in government securities.
- Requires DOF approval for managing non-cash assets.
Disposition of Non-Cash Coconut Levy Assets
- DDEs assigned to privatize or dispose assets within five years.
- Subject to regulatory oversight (GCG, BSP, PDIC, IC).
Additional Mandates and Powers of DDEs
- DDEs hold title, manage, conserve, and market assets on behalf of government.
- Authorized to execute contracts, engage experts, establish rules, and prepare disposition plans.
- May recommend corporate restructuring prior to disposition.
- Maintenance expenses not taken from cash Coconut Levy Assets.
Proceeds from Privatization
- All proceeds, except for approved operational costs, remitted to Trust Fund.
Reporting and Oversight
- Trust Fund Management Committee reports semi-annually to President and COCAFAM.
- DDEs submit annual privatization and disposition reports.
- COCAFAM exercises overall Congressional oversight.
Final Provisions
- GOCC Governance Act applies where consistent.
- Separability clause ensures validity of unaffected provisions if others are invalidated.
- Repealing clause amends inconsistent laws.
- Act’s effectivity set 15 days after publication in official gazette or newspapers.