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PRESIDENTIAL DECREE NO. 1699
PRESIDENTIAL DECREE NO. 1699 - AN
ACT SUSPENDING THE COLLECTION OF THE COCONUT CONSUMERS STABILIZATION
FUND LEVY AND SIMILAR LEVIES AND PROVIDING IN CONNECTION THEREWITH
APPROPRIATE MEASURES TO CUSHION THE ADVERSE EFFECTS THEREOF ON THE
COCONUT FARMERS
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WHEREAS,
recent world political and economic developments have created a
situation which directly or indirectly influenced the drastic decline
in the prices of copra, coconut oil and their by-products;chanroblesvirtualawlibrary
WHEREAS, the drastic decline of coconut prices has substantially eroded
the income of the coconut farmers;chanroblesvirtualawlibrary
WHEREAS, it is imperative that measures be adopted which would cushion
and minimize the decline in the income of a substantial portion of the
citizenry of the country.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby decree and order the following:cralaw:red
Section 1. Suspension of the Collection of Levies. —
Subject to the provisions of this Act, the collection of the Coconut
Consumers Stabilization Fund (CCSF) and the Coconut Industry
Development Fund (CIDF) levies for the exportable coconuts, copra,
coconut oil, desiccated coconut and their respective by-products and
derivatives (hereinafter collectively referred to as "coconut
products") are hereby suspended and the burden thereof shall be shifted
to the exporters of such coconut products as herein elsewhere provided.
The suspension of the collection of the CCSF and the CIDF levies herein
prescribed shall take effect forty-five days after the effectivity of
this Act, or as soon as the Philippine Coconut Authority (PCA) shall
have ascertained and collected the assessable levies on existing
deliveries and\or purchases of coconut products, whichever occurs
first, and such suspension shall continue until the incumbent President
shall have ascertained that the need for such suspension shall have
ceased.
Section 2. Financing of Development Projects for the
Benefit of the Coconut Farmers. — To insure the continuance and the
viability of the different developmental projects for the benefit of
the coconut farmers that are being financed from out of the collections
of the CCSF levy as identified and prescribed by Presidential Decree
No. 1468, Article III, Section 2, the exporters of coconut products
shall pay, as part of their cost of operations, such amount as may be
necessary or required to assure the adequate and the continuous
financing of such developmental projects including the cost and
expenses incurred in effecting the rationalization of the oil milling
industry as prescribed by Letter of Instructions No. 926, the
provisions of which are herein incorporated as parts of this Act. chanroblesvirtualawlibrary
The amount required to finance the said developmental projects shall be
determined and prescribed by a Committee of Developmental Projects (P)
composed of one representative each nominated and designated by the
Philippine Coconut Authority (PCA), the Philippine Coconut Producers
Federation (COCOFED), the Coconut Industry Development Fund, and the
Coconut Industry Investment Fund. The amount determined and prescribed
by the Committee of Developmental Projects shall be allocated
proportionately among the different exporters of coconut products on
the basis of their respective export tonnage by a Committee of
Exporters (CE) composed of one representative each nominated and
designated by the Philippine Coconut Oil Producers Association, Inc.
(PCOPA); The Philippine Copra Exporters Association, Inc. (PCEA); the
Association of Philippine Coconut Desiccators (AP); the cooperative
endeavor contemplated by Letter of Instructions No. 926; the bank
acquired for the benefit of the coconut farmers under P.D. No. 775; and
the Philippine Coconut Authority. chanroblesvirtualawlibrary
The members of the Committee shall elect a Chairman from among
themselves.
Section 3. Collection and Administration. — The
Philippine Coconut Authority shall effect collection of the assessable
payments under such rules and regulations as it may prescribed from
each exporter under the procedure presently followed in the collection
of the CCSF levy and subject to adjustment on the basis of out-turn
reports submitted to, and audited by the Central Bank. The amount thus
collected shall be deposited, owned and administered in accordance with
provisions of P.D. 1468, provided that the Committee of Developmental
Projects shall allocate the collections among the different
developmental projects for the benefit of the coconut farmers. Any
amount paid by an exporter shall be considered as a necessary business
expense as part of its cost of operations and shall, to that extent, be
allowed as a tax deductible expense and exempt from the donor's
tax. chanroblesvirtualawlibrary
Section 4. Exportation of Coconut Products. —
Hereafter, no exportation of coconut products shall be allowed unless
the Philippine Coconut Authority shall have certified that the
assessable collection on the proposed export has been paid by the
exporter.
Section 5. Government Cooperation. — The Philippine
Coconut Authority, the Central Bank of the Philippines, the Bureau of
Customs, and all other governmental agencies and instrumentalities are
hereby directed to adopt such measures and safeguards as may be
necessary or required to fully effect and implement the provisions of
this Act. For that purpose, such governmental agencies and
instrumentalities shall coordinate the adoption of such measures and
safeguards with the Committee herein created. chanroblesvirtualawlibrary
Section 6. Repealing Clause. — All laws, executive
and administrative orders, rules and regulations inconsistent with the
provisions of this Act are hereby repealed or amended accordingly.
Section 7. Separability Clause. — If any provisions
under this Act is unconstitutional, the same shall apply only to that
provision and the remainder hereby remains valid.
Section 8. Effectivity. — This Act shall take effect
immediately.
Done in the City of Manila,
this 22nd day of May, in the year of Our Lord, nineteen hundred and
eighty.
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