Sep 15, 2017 @ 17:29

An government order (EO) issued by former President Benigno “Noynoy” Aquino III in regards to the disbursement of the coco levy fund has been discovered unlawful by the Supreme Court (SC).

In a choice, the SC partially granted the petition filed by the Confederation of Coconut Farmers Organization of the Philippines (CCFOP) which sought to nullifications of EOs 179 and 180 which had been issued by Aquino in 2015.

The excessive tribunal declared as void 4 sections of EO 180 since Aquino “went beyond the authority delegated by law in the disbursement of the coconut levy funds.”

EO 180 mandates the reconveyance and utilization of coconut levy property for the good thing about coconut farmers and the event of the coconut business.

The excessive courtroom identified “that Sections 6, Section 7, Section 8 and Section 9 of Executive Order No. 180, series of 2015, are not in conformity with law.”

Section 6 is the part on Approval of Roadmap; Sec. 7, Funding Source; Sec. eight, Utilization of Funds, and Sec. 9, Implementing Rules.

The SC defined “[t]he provision of PD 1468 (Revised Coconut Industry Code) are simply too broad to limit the amount of spending that may be done by the implementing authority.”

“Considering that no statute provides for specific parameters on how the SAGF [Special Accounts in the General Fund] may be spent, Congress must first provide a law for the disbursement of the funds, in line with its constitutional authority. The absence of the requisite legislative authority in the disbursement of public funds cannot be remedied by executive fiat,” it identified.

With the ruling, the SC lifted the momentary restraining order it issued towards the EOs on June 30, 2015 in favor of CCFOP.

On the opposite hand, the SC stated EO 179, which requires the stock and privatization of all coco levy property, “does not create a new special fund but merely reiterates that revenues arising out of or in connection with the privatization of coconut levy funds shall be deposited in the SAGF [Special Accounts in the General Fund].”

“An automatic appropriation law is not necessarily unconstitutional for as long as there are clear legislative parameters on how the amounts appropriated are to be disbursed. The president should not have unlimited discretion as to its disbursement since the funds are allocated for a specific purpose,” it said.