WHEREAS, an escalating crisis brought about by an abnormal
situation in the world market for fats and oils has resulted in supply and price
dislocations in the domestic market for coconut-based consumer goods, and has
created hardships for consumers thereof;
WHEREAS, the representatives of the coconut industry,
considering their social and moral responsibilities in this respect have
proposed the implementation of an industry-financed stabilization scheme which
will permit socialized pricing of coconut-based commodities; and
WHEREAS, it is the policy of the State to promote the
welfare and economic well-being of the consuming public;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines and pursuant to
Proclamation No. 1081, dated September 21, 1972 and General Order No. 1, dated
September 22, 1972, as amended, do hereby decree that:
In addition to its powers granted under Presidential Decree No. 232, the
Philippine Coconut Authority is hereby authorized to formulate and immediately
implement a stabilization scheme for coconut-based consumer goods, along the
following general guidelines:
A levy, initially, of P15.00 per 100 kilograms of copra resecada or its
equivalent m other coconut products, shall be imposed on every first sale, in
accordance with the mechanics established under Republic Act No. 6260, effective
at the start of business hours on August 10, 1973.
The proceeds from the levy shall be deposited with the Philippine
National
Bank or any other government bank to the account of the Coconut Consumers
Stabilization Fund, as a separate trust fund which shall not form part of the
general fund of the Government.
The Fund shall be utilized to subsidize the sale of coconut-based products
at prices set by the Price Control Council, under rules and regulations to be
promulgated by the Philippine Consumers Stabilization Committee, which is hereby
created, to be composed of the following:
1) The Undersecretary of Agriculture and Natural Resources as Chairman;
2)
The Chairman of the Price Control Council, or his duly authorized
representatives;
3) The Undersecretary of Trade, or his duly authorized
representative;
4) A representative of the Secretary of National
Defense;
5) The President of the Philippine Coconut Producers Federation, or
the Federation's duly authorized representative;
6) The Chairman of the
United Coconut Associations of the Philippines or the Association's duly
assigned representative;
7) The President of the Philippine Coconut Oil
Producers Association, or the Association's duly authorized representative;
and
8) The President of the Philippine Copra Exporters Association, or the
Association's duly authorized representative; and
9) A representative of the
coconut oil refineries.
To the extent delegated by the Philippine Coconut Authority, the Coconut
Consumers Stabilization Committee shall have the following powers and functions:
1) To determine the base price of the raw materials, on which to set the
subsidy;
2) To review and revise when necessary the amount of the levy
imposed. It is understood, however, that when the price of copra equals the
authorized base price, the collection of the levy shall be suspended
automatically;
3) To establish a monitoring system to ascertain that a steady
and adequate supply of the subsidized products is distributed at socialized
prices; and to issue subpoena and subpoena duces tecum whenever required for
effective monitoring and investigation as to compliance with its
promulgations;
4) To order the payment of the subsidy;
5) To establish a
Secretariat, headed by an Executive Director, who shall attend to the day-to-day
business and affairs of the Committee, and provide for the Secretariat's
operating expenses;
6) To call on any government agency or entity to assist
it in carrying out this Decree and the promulgations made thereunder; and
7)
To perform such other duties and functions in furtherance of this
Decree.
The collection of the Stabilization Fund levy and the existence of the
Stabilization Committee shall terminate after one year or earlier, provided the
crisis for which the measure was instituted no longer exists as determined by
the Philippine Coconut Authority, whereupon any balance remaining of the Fund
shall immediately revert to and form part of the Coconut Investment Fund
constituted under R.A. 6260.
Any person or firm who violates any provision of this Decree or the rules
and regulations promulgated thereunder, shall, in addition to penalties already
prescribed under existing administrative and special law, pay a fine of not less
than P2,500 or more than P10,000, or suffer cancellation of licenses to operate,
or both at the discretion of the Court.
All laws, executive and administrative orders, rules and regulations
inconsistent with the foregoing provisions are hereby repealed or amended
accordingly.
If any provision of this Decree is held unconstitutional, the same shall
apply only to that provision and the remainder hereof remains valid.
This Decree shall take effect immediately.
Done in the City of Manila, this 20th day of August, in the year of Our Lord,
nineteen hundred and seventy-three.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.) ROBERTO V. REYES
Assistant Executive Secretary