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EXECUTIVE ORDERS
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EXECUTIVE ORDER NO. 1074 -
APPROVING THE PROJECT OF THE COCONUT OIL REFINERS ASSOCIATION
(ASSOCIATION) FOR THE DEVELOPMENT OF APPROXIMATELY 60,000 HECTARES OF
OIL PALM PLANTATIONS IN AGUSAN DEL SUR AND THEREBY GRANTING INCENTIVES
TO THE PARTICIPANTS OF THE PROJECT
WHEREAS, the rapidly declining
coconut productivity constitute a grave emergency which directly
affects the income of more than one-third of the population and
threatens the stability of the nation;
WHEREAS, as part of the national economic recovery efforts, Government
has called on the private sector to harness part of its resources to
complement the efforts of Government in improving farm productivity;
WHEREAS, PD No. 1972 Executive Order No. 1057, and PD No. 1789 make
available certain incentives and benefits to those which participate in
accelerated coconut and oil palm planting and replanting activities and
other similar ventures;
WHEREAS, the Coconut Oil Refiners Association, Inc. the Agricultural
Consultancy Services, Inc. and various landowners and leaseholders,
namely; Northeast Agro-Industrial and Development Corporation,
Esperanza Forest Developers, Inc., La Purisima Agricultural
Corporation, Loreto Forest Land Developers, Inc., Los Arcos
Agricultural Corporation, Sta. Irene Agro-Forest Development
Corporation, Prosperidad Agricultural Corporation and United
Agro-Forest Development, Inc. have responded to the call of Government
and have submitted for the approval of the President a project for the
planting of approximately 60,000 hectares in the province of Agusan del
Sur with oil palms. This Project, together with the details and cost
and sources of financing, is embodied in the attached Farm Development
Plan duly endorsed by the Philippine Coconut Authority and in an
Agreement entered into by the participants of the Program under which
the Association and its members undertake to finance the entire cost of
the Project for a minimum period of four (4) years from date of field
planting and the landowners, in turn, transfer their landholdings to a
competent and qualified entity for the sole purpose of developing the
same into efficient agricultural estates;
WHEREAS, the Program furthermore provides for adequate maintenance of
the oil palms for a period of four (4) years from date of field
planting;
WHEREAS, the participants of the Projects are owners of approximately
5,208 hectares; and are leaseholders of 102,233 hectares. The
acquisition of the adjoining lands with an area of 3,971 is
contemplated;
WHEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in me
by the Constitution and the laws of the Republic of the Philippines, do
hereby declare, direct and order:
Section 1.
Sec. 2.
1.
The exemption herein authorized
shall be evidenced by an exemption certificate which shall be issued by
the Minister of Finance upon certification by PCA of the progress of
development in accordance with the Farm Development Plan. PCA shall
verify on quarterly basis the progress of work on the Project and shall
certify the extent of completion thereof and the amount of contribution
paid by the Participants.
Within fifteen (15) days from
every end of quarter, the PCA shall certify to the Ministry of Finance
the amount of exemption to which the Participants are entitled.
The certification by PCA shall
be final and conclusive for the Ministry of Finance to issue exemption
certificates within ten (10) days from receipt hereof.
No exemption certificate shall
be issued until and unless the PCA certification states that the
particular work for a given quarter has been completed and no exemption
shall be granted for the cost of maintenance of a portion or portions
of the Project area which have been brought to peak production as
defined in the Farm Development Plan.
The exemption certificate shall
be negotiable and may be used or applied against any or all taxes
including but not limited to income taxes, specific taxes, ad valorem
taxes, sales taxes, percentage taxes, duties, charges, wharfage fees
and the like due the National Government. The exemption granted
hereunder shall not form part of the gross income of the grantee or
transferee and is therefore not taxable and shall be valid only for a
period of ten (10) years from the date of the exemption
certificate.
2.
Within fifteen (15) days from
every end of quarter, the PCA shall certify to the Ministry of Finance
the amount of refund to which the Participants are entitled.
The certification by PCA and COA
shall be final and conclusive for the Ministry of Finance to issue
refunds within ten (10) days from receipt thereof subject to the usual
auditing regulations.
In no case shall be refund
exceed the amount spent or invested on the development in progress and
no refund shall be issued after the lapse of four (4) years from field
planting or seven (7) years from the date of issuance of the
certificate of eligibility, whichever comes first.
3.
4.
5.
Sec. 3.
Sec. 4.
Done in the City of Manila,
this 20th day of December, in the year of Our Lord, nineteen hundred
and eighty-five.
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Since 19.07.98.