Philippine Clean Air Act of 1999

Authority purposes and objectives

Section 2 establishes the Philippine Coconut Authority’s purposes and objectives as the following:
Section 2(a) promotes the accelerated development of the coconut and other palm oils industry in all its aspects.
Section 2(b) provides general directions for the steady and orderly development of the industry.
Section 2(c) achieves vertical integration of the coconut industry so that coconut farmers become participants in and beneficiaries of the development and growth of the coconut industry.

Board powers and functions

Section 3 vests the Board (through the Authority) with powers and functions to carry out the purposes and objectives of the Authority, in addition to powers transferred under Section 6.
Section 3(a) allows the Board to formulate and adopt a general program of development for the coconut and other palm oils industry.
Section 3(b) authorizes the Board 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.
Section 3(c) permits the Board to recommend to the President of the Philippines, and upon the President’s approval effect the integration of agencies charged with the prosecution of certain aspects of industry development for efficiency and effectiveness in implementing the general program.
Section 3(d) empowers the Board to supervise, coordinate and evaluate the activities of all agencies charged with implementing 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.
Section 3(e) authorizes the Board 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.
Section 3(f) grants authority to receive and administer funds provided by law; draw, with the approval of the President, funds from existing appropriations as may be necessary to support the program; and accept donations, grants, gifts and assistance of all kinds from international and local private foundations, associations or entities, administering them in accordance with the donor’s instructions or directions, or in default thereof, in the manner the Board in its discretion determines.
Section 3(g) authorizes the Board to borrow 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, to finance programs and projects deemed vital and necessary to reach the Authority’s goals and objectives.
Section 3(h) directs that the Board may formulate and recommend for adoption credit policies affecting production, marketing and processing of coconut and other palm oils.
Section 3(i) allows the Board to formulate and recommend for adoption by other agencies and instrumentalities programs and projects necessary to accelerate industry development.
Section 3(j) authorizes the Board to enter into, make and execute contracts of any kind necessary or incidental to attainment of the Authority’s purposes, and to generally exercise all powers necessary to achieve those purposes and objectives.

Governing Board composition and leadership

Section 4 establishes that the Authority is governed by a Board of eleven (11) members who meet as often as necessary.
Section 4(a) requires three (3) representatives at-large of the private sector, appointed by the President, with recognized competence in the many facets of the industry and leaders of the industry acknowledged by both the Government and private sector members of the coconut community.
Section 4(b) includes the Chairman, National Science Development Board.
Section 4(c) includes the Undersecretary of Agriculture and Natural Resources.
Section 4(d) includes the Undersecretary of Trade.
Section 4(e) includes the President, Philippine Coconut Producers Federation.
Section 4(f) includes the Chairman, United Coconut Associations of the Philippines.
Section 4(g) includes the Chairman of the Board, Coconut Investment Company.
Section 4(h) includes the Director, Bureau of Plant Industry.
Section 4(i) includes the Director, Bureau of Agricultural Extension.
Section 4 provides that the President designates a Chairman from among the Board members and that the Board elects a Vice-Chairman who assumes the Chairman’s functions when absent or incapacitated; the Board also creates an Executive Committee of five members from among its members and may delegate to it such powers as it deems fit.

Administrator management authority

Section 5 vests management of the Authority in an Administrator appointed by the Board.
Section 5(a) requires the Administrator to direct and manage the affairs and business of the Authority in accordance with policies and plans enunciated by the Board.
Section 5(b) authorizes the Administrator, upon Board approval, to establish and maintain an organization with specific functions and responsibilities for each operating unit.
Section 5(c) authorizes the Administrator to appoint and fix the number of officials and employees (with Board approval) necessary for proper discharge of functions, and—also with Board approval—to remove, suspend, or otherwise discipline subordinate personnel for just cause.
Section 5(d) requires the Administrator to prepare and submit thirty (30) days after the close of each fiscal year an annual report to the President, and to submit such periodic reports of activities as may be required from time to time.
Section 5(e) authorizes the Administrator to perform other duties designed by the Board from time to time.

Abolished agencies; transfers; transition

Section 6 abolishes the Coconut Coordinating Council (CCC), the Philippine Coconut Administration (PHILCOA) and the Philippine Coconut Research Institute (PHILCORIN) and transfers their powers and functions to the Philippine Coconut Authority.
Section 6 provides that the Authority receives from those abolished agencies their respective appropriations, funding from all sources, equipment and other assets, and such personnel as are necessary.
Section 6 mandates that personnel separated from the service receive the same rights and privileges accorded to other government employees separated as a result of implementation of the Integrated Reorganization Plan.
Section 6 requires that the Authority, through its Board, effect the transfers in a manner that ensures the least disruption of ongoing programs and projects.
Section 6 provides that, before the Board and its functioning fully commence, officers and employees of the abolished agencies continue exercising their functions and discharging their duties until ordered otherwise by the Authority Board.
Section 6 immediately ceases the existence of the Board of PHILCORIN and PHILCOA, as well as the Council itself, upon effectivity of the Decree.
Section 6 provides interim exercise of functions as follows: in the interim, PHILCORIN functions are exercised by the Chairman of the National Science Development Board with the incumbent Director; PHILCOA and CCC functions are exercised by the Secretary of Agriculture and Natural Resources with the incumbent Chairman-General Manager and Executive Director, respectively, as executive officers.

Attachment, repeal, separability, effectivity

Section 7 attaches the Authority to the Department of Agriculture and Natural Resources for purposes of coordinating plans and policies in accordance with Part II, Chapter IV, Article III, Par. 2 of the Integrated Reorganization Plan.
Section 8 repeals or amends all laws, executive and administrative orders, rules and regulations inconsistent with the Decree’s provisions.
Section 9 provides separability: if any provision is held unconstitutional, only the unconstitutional provision is affected and the remainder remains valid.
Section 10(a) provides that the Decree takes effect immediately.
The Decree was done in the City of Manila on June 30, 1973, signed by Ferdinand E. Marcos as President.