Law Summary
Creation of Philippine Coconut Authority (PCA)
- PCA established as an independent public corporation.
- Reports directly to and supervised by the President.
- Principal office in Greater Manila Area with power to establish branches nationwide.
Powers and Functions of PCA
- Formulate and implement development programs for the coconut industry.
- Nationwide replanting program using high-yielding hybrid seednuts.
- Distribute hybrid seednuts free to coconut farmers.
- Coordinate and integrate industry policies and conduct genetical/agricultural research.
- Establish research stations for disease control and improved copra techniques.
- Expand domestic and foreign markets, regulate marketing and export of copra.
- Set standards and inspect copra for quality control.
- Prescribe moisture measurement and deduction scales for copra sales.
- Impose and collect levies to fund operations.
- Contract execution and administrative powers, excluding commercial production of hybrid seednuts.
- Regulate production and distribution of subsidized coconut products except government or farmer-owned entities.
- Authority to issue subpoenas, summon witnesses, and impose contempt penalties.
- Power to enter and inspect premises and vehicles related to subsidized products.
- Use Central Bank reports for levy assessment.
- Provide rewards and witness security for violations.
Governing Board
- Composed of 7 members appointed by the President: 2 government representatives (Chairman and Vice-Chairman), 3 from Philippine Coconut Producers Federation, 1 from United Coconut Association, 1 from hybrid seednut farm operator.
- Responsible for management, budgeting, disbursement of levies, organizational structure, and compensation.
- Board meetings require quorum of 4 members; 4 votes needed for resolutions.
- Members compensated with limited per diem and expense reimbursement.
Executive Officers and Personnel
- Administrator as chief executive officer with Deputies appointed by the Board.
- Personnel appointment based on merit and fitness.
- Board may create departments, limited to one agronomical research department.
Levies
- Coconut Consumers Stabilization Fund Levy imposed on copra and equivalent products, payable by exporters, millers, dessicators, and end-users.
- Revenues used to subsidize coconut products, refund premium duties, finance coconut producers federation projects, support industry-related enterprises, and provide social benefits like insurance for farmers.
- Coconut Industry Development Fund established to finance hybrid seednut farm, replanting programs, extension services, and industry investments.
- Initial P100 million allocated; ongoing levy of at least P0.20 per kilo applied.
- Hybrid seednuts exempt from levies and taxes.
- Funds owned privately by coconut farmers, not government special or fiduciary funds.
- President may authorize audits.
- Authority empowered to enforce levy rules, require reports, protect trade secrets.
- Interest of 14% per annum and 25% surcharge for willful levy nonpayment; dispute settlements allowed.
- Levies deposited interest-free in bank dedicated to coconut farmers; withdrawals limited.
Investments for Coconut Farmers
- Bank acquired under PD 755 may invest in corporations related to coconut industry development.
- Surplus funds from levies used for these investments.
- Investments distributed equitably and free to coconut farmers, retaining portions for enterprise continuity.
Penalties
- Willful violation of law or regulations punishable by fines up to P20,000 and imprisonment up to 5 years.
- Corporate violations penalized on responsible officers.
- Aliens may be deported; naturalized citizens may lose citizenship.
- Unlawful possession or use of subsidized products punished similarly; products confiscated and proceeds added to Stabilization Fund.
Miscellaneous Provisions
- Abolishes Coconut Coordinating Council, Philippine Coconut Administration, and Philippine Coconut Research Institute; their functions and assets transferred to PCA.
- Personnel separated under reorganization get rights similar to other government employees.
- Prior to Board assumption, officers continue duties except for abolished Boards which cease immediately.
- Existing laws inconsistent with this decree repealed or amended.
- Separability clause preserves remainder of decree if any part declared unconstitutional.
- Immediate effectivity upon promulgation.