In Search of Alternative Coconut Development for Communties

download In Search of Alternative Coconut Development for Communties

of 50

Transcript of In Search of Alternative Coconut Development for Communties

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    1/50

    P a g e

    1

    INSEARCH OF ALTERNATIVE COCONUT DEVELOPMENT FOR COMMUNITIESFOR THE EVENTUAL UTILIZATION OF THE COCONUT LEVY FUNDS

    A discussion paper for the 2nd National Coconut Farmers Conference

    Joey Faustino, Executive Director, COIR, Inc.

    December 2013

    Part I.COCO CONFERENCE 1 in a Nutshell: A PROLOGUEIn the Discussion Paper for the 1

    stNational Coconut Farmers Conference

    1held in 09

    November 2012, the national coconut statistics clearly confirmed that the current state

    of the industry may not at all be appropriately called a coconut industryit had merely

    been a copra industry, principally for crude coconut oil processing. Crude coconut oil

    (CNO) is a main export commodity of the country for centuries. The industry was

    designed as such with the other high-value by-products serving only as secondary. The

    copra industry had also proven to be generally dependent on the international market

    from which local and multinational corporations had greatly profited fromto the

    detriment of the copra producers, the millions of small coconut farmers and farm

    workers of the country.

    While the copra industry is said to be the

    leading agricultural dollar earner for the

    country, it has, ironically, caused the

    coconut farmers and their communities to

    slide continuingly into deeper poverty

    throughout decades. And while government

    recognizes that, in fact, the coconut

    farmers are poorest among the poor farmers in the country, it had miserably failed to

    apply a lasting solution to the age-old poverty problem. So-called band-aid solutions

    have been in governments menu, administration after administrationreplanting,

    1A Small Farmer-Centered Approach to Sustainable Coconut Industry Development, Joey Faustino,

    Executive Director, Coconut Industry Reform (COIR) Movement, Inc.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    2/50

    P a g e

    2

    rehabilitation, fertilization, GMAs corn distribution program to the poorest provinces,

    and the recent conditional cash transfer for the poor.

    None among those contained in the past menu of programs addresses fundamental

    perennial problems of the coconut farming communities and the industry. These

    problems were, by choice, seen only from a limited perspective. In the Coconut Summit

    of 2010, Dr. Cielito Habito cited three assertions that had flawed the growth of

    Philippine Agriculture and the industry:

    1. Success in the sector is not measuredin terms of production levels, but in

    farmers income and welfare;

    2. Farmers will not invest in improvedproductivity for as long as they

    receive a meager share of their products

    value; and,

    3. Local monopsonies have for toolong been a persistent feature ofthe rural economy, and

    contribute to non-inclusive

    growth.

    The 2010 Summit was held under the

    watch of, then, newly appointed DA

    Secretary Proceso Alcala with PCA still in the hands of the previous ArroyoAdministration appointee. But even with a change of hands in PCA the situation had

    remained the same. It clearly appears that the current administration had not taken

    heed of such logical advises and simply continued to replicate earlier passing

    interventionsas is, where is!

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    3/50

    P a g e

    3

    By October 5, 2012 the Coconut Industry

    Investment Fund preferred shares2in

    San Miguel Corporation was redeemed,

    as offered by Eduardo Cojuangco Jr. The

    redemption of said shares raked in over

    Php20 billion gains for SMC. SMC paid

    the amount of Php 71 billion. The

    principal amount of P56.5 billion was

    taken to the National Treasury while the

    rest (over P14 billion) was deposited to the United Coconut Planters Bank. Government

    offered no explanation for splitting depositories. What is obvious is that the principal

    was taken to the National Treasury and the dividends handed to UCPB implying a

    difference in treatment between the two.

    As if in perfect synchronicity, the Supreme Court issued a final decision on the case of

    the CIIF-SMC shares earlierdated September 4, 2012 but released September 27in

    time for the October 5 redemption of the said shares. This decision declared final theearlier Sandiganbayan pronouncements that: the CIIF Oil Mills, the 14 Holding

    Companies and the CIIF-SMC shares are public, owned by government in trust for all the

    coconut farmers. The decision went on to say that the funds may be used only for the

    benefit of all coconut farmers and for the development of the coconut industry.The

    Entry of Judgment, however, has yet to be served.

    2The sequestered CIIF-SMC shares were originally common shares which were converted to preferred

    shares in 2009 with an offer of redemption by Eduardo Cojuangco Jr. under a guaranteed value of Php75

    per share after three years. The Philippine Commission on Good Government (PCGG) under the Gloria

    Macapagal-Arroyo administration, chaired by Camilo Sabio, fostered the deal and asked permission from

    the Supreme Court. With a vote of 8 justices, a decision issued on September 17, 2009 by the Supreme

    Court, not only permitted, but even ordered the PCGG to convert the common shares to preferred shares.

    The conversion took out government from the board of SMC leaving everything under Cojuangcos

    leadership, including the other sequestered block of shares (20%) which were named to his dummy

    companies. Consequently, government lost over Php20 billion (common vs. preferred value) upon

    redemption to the advantage of SMC. Parallel to these events, Chief Justice Reynato Puno, who was one

    of the 8 justices, retired on May 2010 and became Independent Director of SMC by January 2011.

    23 September 2012

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    4/50

    P a g e

    4

    Since then a scramble for the use of the monies by various government agencies

    ensued. Under the guidance of the Presidential Task Force on Coco Levy, created May

    2011, various sitting agencies (PMS, PCGG, DAR, NAPC, DA, PCA, DBM & DOF) discussed

    the drafting of an executive order to govern the use of the moniesthis was practically

    being drafted even before any determination of the funds utilization. The Philippine

    Coconut Authority and the National Anti-Poverty Commission both crafted their own

    roadmaps for development: one for the industry and another for poverty reduction in

    the coconut farming sector.

    Both roadmaps had been found

    to lack exhaustive discussion

    with the coconut farmer

    groups. The programs

    presented in both roadmaps

    were considerable coconut

    programs that have been

    traditionally considered under

    General Appropriations butappeared inappropriate for the

    application of coco levy fundsa special fund in trust for the benefit of the coconut

    farmers and the industry. Moreover, the presence of two separate roadmaps for the

    industry and the farmers was alarming. Definitely, such a perspective had failed to

    consider that the development of the coconut farming communities ought not to be

    separate and distinct to achieve a sustainable coconut industry.

    The Cojuangco-controlled United Coconut Planters BankCoconut Industry Investment

    Fund Group of Companies3 immediately joined the fray. UCPB and Cocolife sounded off

    3President Aquinos choice of appointees to key positions in the UCPB-CIIF Group of Companies are either

    close associates or supportive of his uncle, Eduardo Cojuangco Jr., except for former Sen. Wigberto

    Tanada who was appointed as Chair of the Oil Mills Group.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    5/50

    P a g e

    5

    to claim Php 7.5 billion each for investment contributions made in the CIIF-SMC shares

    care of PCGG Chair Andy Butista. (Does this explain the split in depository?) Even the

    CIIF Oil Mills forwarded a claim of more than P2 billion

    from the said funds. Reports have it that the

    Department of Finance backed the idea of re-financing

    the coco levy funded companiesthe same

    companies used by the Cojuangco clique to dupe the

    coconut farmers. And to deceive the public of a

    popular farmer backing, the Cojuango Group staged

    a conference with the Cocofed on top, supported by

    the Pambansang Koalisyon ng mga Magsasaka at

    Manggagawa sa Niyugan (PKSMMN) and the Philippine

    Association of Small Coconut Farmers Organizations

    (PASCFO)4to lay claim on the levy funds.

    It was primarily these alarming considerations that pushed the Coconut Industry Reform

    (COIR) Movement to exhaust efforts to hold the 1st

    National Coconut Farmers

    Conference in November 2012 in cooperation with the Department of Agriculture.There was a great need to have an alternative forum where the issue of the coconut

    levy and industry development may be more sanely discussed.

    After inputs, open fora and serious discussions / workshops on the current conditions,

    including that of the recovered coco levies, the 1st

    Conference supported 2 basic

    programs for inclusion and integration to the coconut industry development roadmap:

    4The PKSMMN (Efren Villasenor) and the PASCFO (Charles Avila) all ran for Partylist under Cocofed in the

    2012 elections but was disqualified by COMELEC. The Supreme Court upheld the disqualification.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    6/50

    P a g e

    6

    The Bukod-Kopra Program

    Bukod-Kopra is a strategy to utilize other resources in the coconut farms. While

    in the state of the copra-based

    industry there are still several

    options that can be taken to

    somehow effect increased

    incomes or improve lives of the

    poor coconut farmers, farm

    workers and their communities

    particularly the optimization of the

    use of the coconuts and the coco

    lands, whichever is applicable.

    These options may do well to

    serve during a transition stage

    from the copra-based industry to

    the new fresh (fresco) coconut

    industry.

    The FRESCO Program

    The new fresh coconut (FRESCO)

    industry is essentially non-copra-

    based. The movers of the fresco

    industry had proven that copra production utilizes only 25% of the real value ofcoconuts. Fresco is a method where fresh mature coconut serves as raw material

    for a long chain of interlinked (integrated) processing resulting to various stage-

    by-stage products and by-products capable of being economically feasible in

    smaller village-level scales. The products are food-grade and clean as

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    7/50

    P a g e

    7

    differentiated from the traditional copra-making. These products, mostly food

    and oil, would not have to depend on the international oil market prices for

    farm-level value. In fact, even the local communities where processing or semi-

    processing facilities are positioned can partake of benefits and consume the

    healthy food products themselves. Most importantly, the new coconut industry

    must be made accessible to the farming communities which they can call their

    own.

    For consideration of the Aquino Administration, the Conference posed the following

    resolutions and recommendations, addressed to Sec. Proceso Alcala:5

    (1) Protection of the coconut levy funds shall be ensured by declaring it a COCONUT

    FARMERS TRUST FUND. Pending legislation, the President may issue an Executive

    Order to carry on the same purposes. But to allow adequate protection of the funds

    for the coconut farmers and the industry, the President can certify HB No. 5070 / SB

    No. 2978 as urgent. To acquire coconut farmers' confidence, it is highly recommended

    that Oscar Santos and Wigberto Tanada be appointed members of the Trust Fund.

    (2) Preservation of the coconut levy funds for continuing support to poor coconut

    farmers programs and development of the industry shall be made by managing them

    as perpetual funds, utilizing only annual interests / dividends for the programs and

    related spending.

    (3) Programs funded by coco levies shall be special programs (not mere extension

    programs of government) with oversight of a special body specifically tasked for the

    various purposes covered (management, utilization, monitoring and feedback,

    recovery of other coco levy assets)with adequate (majority) representation by the

    5The Conference resolutions were formally forwarded by the Coconut Industry Reform Movement to

    Secretary Proceso Alcala in a letter received by the DA-OSEC on 14 November 2012. (Refer to ANNEXES

    Part 1).

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    8/50

    P a g e

    8

    sector.

    (4) Massive information dissemination on the true state of the coconut industry and

    promotion of the various potentials of the coconut fresco products thru tri-media shall

    be launched by government in partnership with civil society organizations, especially

    for the understanding of the farmer-producers and their communities. Capability-

    building seminars and trainings to couple information dissemination.

    (5) Programs funded by coconut levies shall be a product of continuing consultations

    with the coconut farming sector and the participating local communities thru local

    mechanisms such as the Local Coconut Industry Development Councils and the like.

    (6) Village-level integration of production thru processing of the coconut products

    shall be a primary agenda with the use of coco levy funds, to include optimization of

    the farms thru multi-cropping and /or livestock raising.

    (7) Transparency on utilization of the coconut levies shall be ensured and reported to

    the publics thru tri-media and the internet together with offsite-onsite third-partymonitoring and feedback mechanisms from the beneficiaries.

    (8) Continuing research and market studies for products of the new fresco coconut

    industry shall be conducted for dissemination to the participating communities.

    (9) Recovery of other portions of the coco levies shall be vigorously pursued on behalf

    of the farmers and the industry.

    (10) Adequate coconut farmers representation in the coconut levy funded companies

    shall be made to drive the companies into fulfilling its original mandate while under

    governments care and control.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    9/50

    P a g e

    9

    (11) A declaration of policy made on the need to fast-track agrarian reform in coconut

    lands in line with the development of the coconut industry.

    Other recommendations that required further studies were put on record such as the

    coconut registry and social security for coconut farmers.

    Secretary Alcala, during the

    conference, responded on

    the positive to carry the

    position of managing the

    recovered coco levies as a

    perpetual trust fund and

    that the funds should

    benefit the coconut farming

    communities. He further

    asked COIR to immediately

    help out his team in crafting a presentation, narrative & PowerPoint, of programsspecifically

    village-level processingfor the President and the Presidential Task Force on the Coco Levy.

    Part II.COCO TRENDS & REVIEW (November 2012 - November 2013)

    The prices of copra had stayed close to

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    10/50

    P a g e

    10

    years, coconut oil prices in the international market surged enormously pegging copra

    prices at Php 40-50 per kilo. The condition renewed the interest of the farmers on the

    crop but production had stayed low. And as in any commodity, such a trend did not take

    long to normalize as copra production increased and things were back just as they were

    for the farmers. The coco farmers would not even notice that increased prices of raw

    material copra had also increased prices of all finished products using coconut oil

    products which they will never be able to afford as long as they produce and sell only

    copra. Even the CIIF Oil Mills Group and oleochemical manufacturers, at the point when

    prices of copra became too high, started using the alternative palm oil of Malaysia and

    Indonesia.

    A COIR countdown showed a total of 22 provinces that had established Local Coconut

    Industry Development Councils (LCIDCs)6at the provincial level. Davao Oriental,

    Compostela Valley, Quezon and Camarines Norte and Sur, COIR program areas, account

    for a total of 29 municipal-level and 293 barangay-level LCIDCs. Not all of the LCIDCs,

    however, have been actively functioning.

    COIR TARGET ACHIEVED UNPLANNED

    20

    Municipal-Based LCIDCs

    120

    Barangay-Based LCIDCs

    29

    Municipal-Based LCIDCs

    293

    Barangay-Based LCIDCs

    22

    Province-Based LCIDCs

    Provincial-level LCIDCs

    Luzon Visayas Mindanao

    COIR Project Areas

    Quezon Davao Oriental

    Camarines Norte

    PCA-COIR Project-initiated7

    Isabela

    Catanduanes

    Mindoro Occidental

    Ilocos Norte

    Leyte

    Catarman

    Siquihor

    Bohol

    Tawi-Tawi

    6Local Coconut Industry Development Councils are local sectoral mechanisms under the Local

    Development Councils to involve the coco farmers and the communities in planning and implementing

    development initiatives for coconut industry development. The LCIDC Concept originated from studies

    and consultations by the Coconut Industry Reform (COIR) Movement.7The Project Report on LCIDC Building through the PCA remains unavailable more than a year after

    implementation. The only source of documentation for the said project is PCA Director Rafael Sarucam

    (Refer to ANNEXES Part 2: Ka Raffy and LCIDC Building).

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    11/50

    P a g e

    11

    Camarines Sur

    Mindoro Oriental

    La Union

    Albay

    Palawan

    Pangasinan

    SorsogonAurora

    Marinduque

    Negros Oriental

    15 5 2

    Under COIRs watch thereare 3 communities, 2 in Davao Oriental and 1 in Camarines

    Norte, which pursued the Bukod-Kopraand FRESCOconcepts:

    1. The ARSK in Brgy. Nangan, Gov. Generoso

    Ms. Conchita Silor-Masin also known as Nanay Ching chairs theAgraryong

    Repormang Samahan ng mga Kababaihan (ARSK)8. She attended the 1

    stNational

    Conference. Nanay Ching and the Association of mothers all aspire for the

    development of the 65-hectare coco land awarded them by CARP. There was a

    time when COIR supported the ARSKs copra trading endeavor with a small grant

    from Bread for the World, Germany. But that

    effort hardly made any impact to the

    beneficiaries.

    After attending a training organized by COIR,

    where Mr. Jun Castillo was resource person,

    Nanay Ching taught the ARSK the production of

    the coconut water concentrate, an oyster sauce-like

    gourmet sauce. With 120 trees per hectare and quite agood yield of 60 nuts per tree (due to organic vegetable

    production), the association could muster 156,000 liters

    8The ARSK is composed of 120 women farmers in Barangay Nangan, Governor Generoso, davao Oriental.

    (Refer to ANNEXES Part 2: The Bukod-Kopra Women of Governor Generoso, Davao Oriental)

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    12/50

    P a g e

    12

    The inventor inspecting ARSK farm.

    of mature coconut water per year or 7,800 liters of coconut water concentrate.

    Having this in mind, the women farmers started collecting coconut water from

    copra-making, cooking and selling the sauce (200 pesos/liter)in their neighboring

    communities. The product eventually gained popularity in and outside Barangay

    Nangan, Governor Generoso. Today one could hardly find available stocks of the

    sauce in the ARSK farm since consumers order as far as Davao City.

    Apart from the sauce, the Association had also pioneered producing an energy

    drink from the mature coco water in the Barangay. The production had already

    been partly supported by the local government unit, the Mayors Office.

    Employees of the municipal office have ordered the pasteurized energy drink for

    10 Pesos/ 250 ml. So far the feedback had been positive. The consumers had

    found the drink to be hydrating and also helpful to those with diabetes. For

    ARSK, value addition to the coconuts is

    not simply limited to increased earnings

    of the women farmers, but that they also

    contribute to the development of the

    coconut industry as well by introducingcommunity-based products which is in

    accordance with their own needs and

    resources. Today some consumers

    deliver mature coconut water to Nanay

    Ching in exchange for the sauce or pasteurized energy drink.

    Interestingly, the ARSK had embraced the FRESCO concept and had realized howthe copra industry had kept them poor through time. Through a linkage with the

    COIR networks, they are now tying up with Sarlo Gentapan, the inventor of coco

    biolubricants9, to gain more value-addition to their coconuts. COIR is helping out

    9Refer to Annexes Part 6: Coconut Biolubricant by Sarlo Gentapan

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    13/50

    P a g e

    13

    in locating direct markets for the biolube through Corporate Social Responsibility

    programs of companies with social passion and environmental concern.

    2. The Municipality of San Isidro

    The municipality of San Isidro is strategically located at

    the center of the five municipalities of District 2 in

    Davao Oriental. It also houses the soon-to-be world-

    renowned Mount Hamiguitanthe bonzai mountain.

    In previous years Local Coconut Industry Development

    Councils (LCIDCs) were established in all of San Isidros 16 barangays. Recently,

    under the leadership of Mayor Tina Yu, the municipality created its municipal-

    level LCIDC. From hence on the municipal leadership had prioritized coconut

    development in the area. Combining the opportunities to come via the opening

    of UNESCO of Mt. Hamiguitan and surveying its biggest agricultural asset,

    coconuts, the municipality ventured to craft a clear direction for its coconut

    farmers and the industryapplying a concept of COCO-TOURISM. Simply put,the Mayor believes that value-addition to coconuts can be organized for the

    small farmers to benefit from, especially with the expected influx of tourists Mt.

    Hamiguitan will bring. To start up the concept, the municipality is now planning

    to set up two FRESCA stations: one at the entrance to the municipality and

    another at the foot of Mt. Hamiguitan. The FRESCA stations shall produce Fresh

    Coconut Oil (FCO) and the Coconut Milkflour for use in the municipality. The

    mature coconut water shall be used for concentrate to produce the gourmetsauce and healthy

    energy drinks

    combined with

    Mt. Hamiguitans

    The Mayor meeting with the

    Barangay LCIDCs.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    14/50

    P a g e

    14

    spring water. The FCO may also be utilized to produce essential oils blended with

    the mountains special herbs.

    3. MAGSACA in Labo, Camarines Norte.

    The Magsasaka at Manggagawa sa Niyugan ng Camarines Norte (MAGSACA)is

    a local peoples organization (PO) affiliated with the Nagkakaisang Ugnayan ng

    mga Maliliit na Magsasaka at Manggagawa sa Niyugan (NIUGAN), a national

    coconut farmers organization.The local PO initiated the creation of the Local

    Coconut Industry Development Council (LCIDC) in Labo, Camarines Norte to stir

    up discussions on coconut community development. In the following years some

    28/52 barangays followed and organized their own LCIDCs. The MAGSACAChair,

    Ka Raffy Sarucam also became chair of the Labo Coconut Industry Development

    Council and, later, a member of the Philippine Coconut Authority Governing

    Board. Since then several trainings on alternative uses for coconuts have been

    conducted in the municipality via the LCIDCs.

    The 28 participating barangay LCIDCs and the Labo Coconut IndustryDevelopment Council agreed on the following idea: Walang lalabas na niyog sa

    Labo. The LCIDCs aspire to process the raw material, coconuts, in the area and

    not sell them as copra or whole nut. Copra and whole nuts usually go all the way

    to Quezon province for processing.

    Thus the LCIDCs are now engaging

    with the newly elected local

    government officials andparticipating in the Local

    Development Councils to craft a

    short-medium-long term coconut

    development plan for the municipality of Labo. The Labo LCIDCs are targeting to

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    15/50

    P a g e

    15

    set up FRESCA stations in two areas: the Poblacion, the center of business, and in

    Talobatib, a hub that leads to other municipalities in the Tagalog-speaking

    District. Relevant in the choice of site is the visibility of the stations so that it may

    be replicated in the whole of Labo.

    Notable during the period, too, was the devastating effect of Typhoon Pablo (December

    2012) in the biggest coconut producing region of Davao. Never before hit by typhoons,

    the region was not just ready for a super typhoon. The provinces of Compostela Valley

    and Davao Oriental were hit the most felling houses and trees on its path. Hundreds

    perished and thousands were evacuated to safer grounds. After the storm there were

    few houses to go back to with no crops left for foodincluding coconuts. The

    Department of Agriculture estimated losses on coconuts to reach Php 8 billion. The

    Davao Oriental Provincial Coconut Industry Development Council estimated at least 2

    million coconut trees wiped out in the three municipalities of Boston, Cateel and

    Banganga. More importantly, the major source of income for the majority in the

    communities affected was copra. The countrys other coconut producing regions, often

    hit by typhoons before, saw coconut trees weathering out the storms in due time.

    Coconut trees in Davao Oriental, in the 3 municipalities, were literally felled by TyphoonPablo. Such is a seeming trend in recent years in facing climate changestronger

    typhoons hitting previously typhoon free zones.

    And, indeed, Typhoon Yolanda (November 2013)

    showed the world how a super typhoon of

    category 5 can wreak havoc to the population

    and the areas affected. Yolanda made landfall in

    6 provinces and affected a total of 36 provinces,most in the Visayas and its coconut areas. Guian

    in Eastern Samar, one of the few coconut-

    forested areas10

    , was completely devastated

    10Coconut forest is a COIR-term for areas that go way beyond the PCA recommended spacing for planting

    coconuts.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    16/50

    P a g e

    16

    along with Tacloban City. Death toll appears unparalleled and reports have yet to be

    firmed up as to crop-damage. Existing video-documentation of the tragedy show only

    coconut trees left standing in the affected areas. According to PCA, more than 208,000

    hectares are planted with over 22 million trees in Leyte, providing a living for 122,000

    families, or around 600,000 people. ABSCBN reports that ground reports and aerial

    views of Leyte and nearby Samar Island tell the same story -- coconut trees either

    toppled, snapped or sheared when Typhoon Haiyan scythed across the region on

    November 8, packing winds of up to 315 kilometers (195 miles) per hour.

    In a related coconut levy case, the Supreme Court issued yet another final decision on

    the United Coconut Planters Bank case (July 9, 2013). The Court pronounced:

    We, therefore, affirm, on this ground, that decision of the Sandiganbayan

    nullifying the shares of stock transfer to

    Cojuangco. Accordingly, the UCPB

    shares of stock representing the 72.2-

    percent fully paid shares subject of the

    instant petition, with all dividends

    declared, paid or issued upon thereon,

    as well as any increments thereto

    arising from, but not limited to, the

    exercise of preemptive right, shall be

    reconveyed to the government of the

    Republic of the Philippines, which as we previously clarified, shall be used only

    for the benefit of all coconut farmers and for the development of the coconut

    industry.

    After the small coconut farmers won the case of the 24% SMC shares in September

    2012, the recently declared decision by the Supreme Court on UCPB as government-

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    17/50

    P a g e

    17

    owned is yet another triumph. Unfortunately, these great victories are yet to translate

    favourable to its absolute beneficiaries the small coconut farmers. The primary

    question still remains will the small coconut farmers actually benefit from the

    recovered funds? The answer must be obvious as the coconut farmers, in principle,

    should be direct participants in and beneficiaries of the development and growth of the

    coconut industry. But is there anything at all to recover from the once-again Cojuangco-

    controlled UCPB (thanks to PNOY)?

    On the contrary, the UCPB-CIIF Group was fast

    to jump the gun on the SC decisions not

    favourable to Cojuangco. On December 2012

    the UCPB with Cocolife filed a Motion for

    Declaratory Relief11

    in Court to ask for a take on

    the recovered Php71 billion funds at Php7.5

    billion each like taking a chunk of what had

    been lost to give back to Cojuangco. Atty. Nilo

    Divina, himself a part of the UCPB Board as

    Presidential Appointee, acted as counsel for the said Motion. This Motion, obviously,had the blessings of PCGG Chair Andres Bautista (Divinas de facto partner -in-law) who

    sits in both boards of UCPB and Cocolife. This refinancing strategy is reportedly

    perceived by DoF and PCGG to be, again, sadly, for the benefit of the coconut farmers!

    The CIIF Oil Mills Group had followed this lead as well claiming more than Php2 billion to

    be used for its operational capitalization.

    The more important note, however, should be that the decision on the UCPB case maybe utilized considerably in reopening the case of the 20% SMC block granted to

    Cojuangco worth well over Php50 billion.12

    The government, instead of leading the

    farmers in efforts to recover the coco levies, tends to tail the initiative. Coconut farmer

    11Refer to ANNEXES Part 3: Special Civil Action for Declaratory Relief

    12Refer to ANNEXES Part 4: True worth of SCs Coco Bank ruling, Joey Faustino

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    18/50

    P a g e

    18

    groups who filed a complaint13

    against Associate Justice-Ponencia Bersamin in the Ethics

    Committee are now contemplating on filing impeachment charges against the same for

    misleading the Court in saying that there existed no law defining ill-gotten wealth.

    Moreover, the government cannot even stand to collect the still unpaid 4% of the

    original 31% CIIF-SMC shares, now worth another Php17.5 billion, from Cojuangco and

    SMC. These shares have been ordered by the SC to revert to government since year

    2000. The only word so far from Malacanang came from Presidential Spokesperson

    Abigail Valte saying that the Palace has left the decision and management of the UCPB

    to PCGG.

    Previously in 2011, it was reported that a late 2010 US trip by

    PNoy raked in some USD 15 million investments for the

    countrys coconut industry. Leading the commitments were

    Vita Coco, a New York based firm marketing natural and

    fruit-flavored coconut water in tetra packs. The President

    announced that buko juice (young coconut water) had a

    big market in the United States. Like many others, he was not

    informed that it was actually matured coconut water that was being used for the coco

    drinks. Multinationals Coca Cola and Pepsi Cola followed suit by contracting desiccating

    plants (Peter Paul, Franklin Baker) all over the country as a source of matured coconut

    water for their health drinks.

    While the investments undoubtedly may have added to the countrys economy, it did

    not change, in any manner, the lives of the of poor coconut farmers. The investing multi-

    national companies, which normally boast of serious Corporate Social Responsibility, are

    13Refer to ANNEXES Part 3: Panawagang Imbestigahan ang Hindi Maitatangging Kamalian sa Desisyong

    Pbor Kay Ginoong Eduardo Danding Coujuangco, Jr.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    19/50

    P a g e

    19

    now under scrutiny by Oxfam studies14

    for product traceability.

    Coming from this rather unclear understanding of the huge market for coconut water

    from his US trip, President Aquino had again bragged in July 2012 about what he

    thought was a big boost for the countrys coconut industry.In his State of the Nation

    Address, the President announced a milestone in the coconut industry:

    Tingnan rin po natin ang

    industriya ng niyog at ang

    cocowater na dati tinatapon

    lang, ngayon,

    napapakinabangan na ng

    magsasaka. Noong 2009

    483,862 liters ng cocowater

    ang iniluwas natin. Umangat

    po ito ng 1,807,583 liters noong 2010. Huwag po kayong magugulat:

    noong 2011: 16,756,498 liters [applause]puwede ho bang ulitin

    iyon?16,756,498 liters ng cocowater ang in-export ng Pilipinas.(Let us

    take a look at the coconut industry, coconut water that was merelywasted before now benefits the coconut farmers. In 2009 we exported

    483,862 liters of coconut water. It increased to 1.8 million liters in 2010.

    Amazingly, in 2011, we exported 16.7 million liters can I repeat that

    (very proudly)? the country exported 16.7 million liters of coconut

    water.

    Obviously the President was astonished by the sheer growth in volume of coconut waterexports during his term. But apart from not understanding that the poor coconut

    14Coconut Water Supply Chains in the Philippines: Opportunities and Risks for Small Farmers, Oxfam / The

    Coco Water Craze: How are Small Coconut Farmers Benefiting?, GROW and Oxfam.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    20/50

    P a g e

    20

    farmers did not benefit at all from such cocowater exports15

    , he was also unaware that

    the country produces 5 billion liters of coconut water per year (computed as 1/3 liter

    per nut @ 15 billion nuts per year)the 16 million liters, therefore, is merely .0032 of

    the products potential.

    Apart from reporting on the coconut water

    exports, the President presented what

    intercropping of coffee can do to increase coconut

    farmers income. NOTHING REGARDING THE MORE

    IMPORTANT ISSUE ON THE COCO LEVY COULD BE

    HEARD FROM THE PRESIDENT.

    This deafening silence from the President on the

    issue of the coco levies had even encouraged the

    Danding Cojuangco camp to think of taking chunks

    from what had already been recovered by government. After decades of benefit and

    perks from the UCPB-CIIF Group of Companies, Cojuangco still wants to be paid for

    bridging the deal between First United Bank and the PCA in 1975.

    Looking back, Ka Oca Santos had approached the President at the time of his electoral

    campaign to ask that efforts be made so that coconut farmers can benefit from the coco

    leviesto continue what his mother had started when she was President. Ka Oca, then,

    hardly got a reply. Last November, Ka Oca again wrote that PNoy has 2.5 years left to

    speak out and give clear marching orders to all agencies concerned to do what is

    just

    16

    15Suppliers of coconut water buy the whole nut from the farmers, the price of which is based on existing

    copra prices as well. If copra is priced at Php 16 per kilo, the price of the whole nut shall be pegged at Php

    4 per nut (more or less) as it takes 4 nuts to make a kilo of copra.16

    Refer to ANNEXES Part 4: PNoy can still help coco farmers, Ka Oca Santos.

    09 August 2013

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    21/50

    P a g e

    21

    The Department of Agriculture (DA), as committed by Sec. Alcala during the 1st

    National

    Coco Farmers Conference, had carried the position of utilizing the coco levy funds

    annual interest earnings to establish

    village-level agro-industrial hubs.

    The DA seeks to put value-addition for

    farmers into the coconut communities

    up to the level of equity ownership.

    How it can be done might rest in the

    shoulders of a newly created body by

    the Executive under the DAa Project

    Management / Coordinating Office.

    Obviously there have been serious

    doubts if the Philippine Coconut Authority can deliver the much-needed results given

    the long experience and focus on mere copra and oil production.

    But prior to application of the village-level hubs, the 1stConference can claim a small

    contribution in influencing the roadmaps prepared by the PCA and the NAPC. The two

    roadmaps have now been incorporated by NEDA to include the village level hubs. It is

    now called the Integrated Coconut Industry and Poverty Reduction Roadmap17

    . In one of

    the meetings of the Free Trade Alliance (05 November 2013), COIR was invited as one of

    the panel of reactors on the NEDA presentation of the so-called integrated roadmap.

    COIR applied traffic light signals to comment on the said presentation: green for go,

    yellow for caution, and red for stop. The following points were raised (to which NEDA

    had no direct reply to except all points noted):

    17Refer to ANNEXES Part 5.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    22/50

    P a g e

    22

    Caution The presentation does not look like a roadmap yet for its lacks basic

    directions for the farmers and the industry to take and indicators for them

    to follow. So far the contents presented appear to be merely a compilation

    of information to consider in making the roadmap. The information,

    however, mainly considers poverty among the millions of small coconut

    farmersa positive indication for whom the roadmap should be designed

    for.

    Caution The presentation lined up 12 provinces with high poverty incidence. Not all

    the cited 12 provinces, however, are lead coconut producing areas. This

    implies that the poverty in the other 8 areas may have been caused by some

    reason other than dependence on the copra industrymay be applicable

    for another roadmap.

    Caution While the inclusion of building Local Coconut Industry Development

    CouncilsLCIDCs being a product of COIRs studies in the programs is

    relevant, there appears no indication on its role in the roadmap. The lack

    of details and processes for which the LCIDCs may be of great value tend to

    undermine coco community participation.

    STOP The roadmap found its importance with the recovery of a portion of the

    coconut levies. The making of the roadmap was an offshoot of the

    discussions in the Presidential Task Force on Coco Levy. But while this is so,

    not necessarily all details in the resulting roadmap may be applied using the

    levy funds. Fast-tracking agrarian reform, for example, should be an

    important feature of the roadmapbut to be sourced out from the

    appropriations for CARPer and not the levy. The Conditional Cash Transfer

    (CCT) and related programs may be anti-poverty measures of government

    that is sourced out from appropriations of the DSWDlevy should not be

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    23/50

    P a g e

    23

    used in particular for the coco farmers as it will disadvantage them from the

    other recipients. Being a special fund for the benefit of the farmers and the

    industry would also not permit it to be used for disaster relief operations

    just the same. But at one point in time, the anti-poverty roadmap made by

    NAPC was targeting Php2 billion per year from the coco levy funds. It is

    relieving to know from NEDA now that the roadmap is now perceived by

    agencies to be sourced out from General Appropriations. I hope that is now

    the official view so as to stop confusing and complicating matters for the

    coconut farmers.

    STOP Do not proceed without considering the policy environment surrounding

    the industry. Policies concerning matters related to the industry need to be

    directed as well in order to ensure that the roadmap may be

    implemented meaningfully. The Agri-Fisheries Modernization Act does not

    consider coconut lands to be prime agricultural lands. The PCA charter is

    limited to copra and the oil industry (as well as other palm oils). The

    Biofuels Act may not be applied verbatim to the coconut industryit was

    more for sugar and ethanol. Trade policies would most especially affect the

    industry.

    GO The integration, especially with programs to build village-level processing

    hubs for value-addition to coconuts, should be pursued with aggressiveness.

    This is where the coconut levy funds can contribute greatly. There is actually

    no sense in trying to develop an industry without considering the huge

    implication to its major workforcethe coconut farmers and farm workers.

    This is exactly why, in the first place, the copra and oil industry is into never-

    ending perennial problems. The farmers and their communities need not be

    limited to producing raw materials only.

    GO Raising blends of coconut methyl ester into the diesel fuel would add to the

    domestic use and demand for coconuts. This shall immediately lessen the

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    24/50

    P a g e

    24

    degree of dependence on the international market price for crude coconut

    oil (CNO) and add, somehow, to stabilization of copra prices. Impact to the

    beneficial-owners of the coco levy, however, may be reached if

    communities are empowered to process such value-addition to coconuts.

    This holds true with oil, coco milk and flour processing among others.

    The Department of Budget and Management, in a

    memorandum18

    , following the same information coming

    from NAPC (12 provinces), had set guidelines for the

    preparation of the 2014 budget. The memo was hinged on

    a framework of rapid and inclusive growth and featured

    a focus on the 12 coconut areas. The justification offered

    was that a good portion of these areas have no access or

    lacks the access to national highways, ergo poverty ridden.

    And in order to promote growth, farm-to-market roads

    should be builtUSING THE COCO LEVIES??? Subsequent

    press releases by the DBM denied that coco levies will be tapped for such purpose on

    technical groundsthat the entry of judgment had not yet been served so the

    government may not use the funds yet. Worried that the idea would not really directly

    benefit the coconut farmers, Ka Oca Santos wrote Malacanang to reiterate that the

    PNoy Administration must see to it that meaningful programs are made as coconut

    farmers are expecting to benefit from the coco levy funds. Press Secretary Sonny

    Coloma responded in a letter19

    assuring Ka Oca that the President already has, in his

    possession, a copy of the integrated roadmap and that the DBM had issued a

    memorandum stating that coco levy funds shall be used starting 2014to include

    building of highways to bring about inclusive growth!!!

    18National Budget Memorandum No. 118, April 25, 2013 (ANNEXES Part 5).

    19Letter to Ka Oca Santos from the Presidential Communications Operations Office, July 09, 2013.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    25/50

    P a g e

    25

    The letter actually confirms the lack of appreciation the Administration has on the

    special fund called the coconut levies which was defined by the Supreme Court to be

    utilized only for the benefit of all the coconut farmers and the industry. Indeed the

    farm-to-market roads might benefit the coconut farmers to either transport their

    produce or allow investors to reach the areas. That, however, will not solve the

    perennial problems including poverty of the coco farming communities as they will,

    obviously, not have the vehicles to transport the still low value copra. Again, farm-to-

    market roads should be a responsibility of government via General Appropriations and

    not via contributions of the coconut farmers. The coco levy funds, limited as they are

    have to be utilized for programs that will bring direct benefits to the coconut farmers.

    Utilizing the coco levies for this purpose (F-M-R) takes inclusive growth a notch higher

    to include contractors and, probably, a number of government officials.

    The Agawang-Buko20

    is expected to get more intense as the possibility of billions of

    funds is nearing release. As the saying goes, there are more guerilla fighters after the

    war than when it was being fought.

    The militant left is campaigning to CLAIM21

    the coco levy funds in cash. The Secretary

    General of the Kilusang Magbubukid ng Pilipinas had often been quoted in news dailies

    to distrust in the Aquino Administration and convincing farmers to instead take the

    money in cash (runs contrary to SC decision where public funds were converted to

    private ownership). Anyway, this approach would get each coconut farmer a one-time

    windfall of less than Php20,000hardly sustainable at all and will still not solve the

    perennial problems of the farmers and the industry. Later on the KMP was saying that it

    20Agawang-Buko is a local term for a traditional game in coconut producing provinces. The object of the

    game is to steal (agawin) a greased young coconut (buko) from an opponent to gain points. The result is a

    chaotic condition where all competitors try to get their hands on the greased nut for themselves.21

    Coco Levy Fund Ibalik sa Amin Movement (CLAIM) is a Kilusang Magbubukid ng Pilipinas-led

    movement.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    26/50

    P a g e

    26

    would want the farmers to benefit thru a social pension. Definitely, the left would not

    want the funds to be in the hands of government in perpetuity until such time, maybe,

    that they control government. The militant left, therefore, needs further study on the

    matter to be true to the farmers own benefit instead of merely issuing varying political

    statements thru media.

    Other parties who are more in the social arena had formulated / recommended

    measures for consideration of either the Legislative or the Executive. There are now 4

    versions of a draft fiat being lobbied to govern the recovered coconut levies:

    1. DRAFT E.O.: PROVIDING THE GUIDELINES FOR THE MANAGEMENT OF THE COCOLEVY ASSETS, THE PROCEDURE OF RELEASES FROM THE COCO LEVY SPECIAL

    FUND FOR THE BENEFIT OF THE COCONUT FARMERS AND THE COCONUT

    INDUSTRY, THE CREATION OF INTER-AGENCY COORDINATING COMMITTEE ON

    THE COCONUT INDUSTRY, AND FOR OTHER PURPOSES

    Proponent: DoF / DBM / Presidential Task Force on Coco Levy

    Features Remarks / Comments

    A Statement of Policy prioritizing smallcoconut farmers.

    The statement takes policy a nick

    higher than simply all coconut

    farmers to, presumably, address

    poverty issues.

    Identification of coco levy assets to be

    composed of (but not limited to) the

    UCPB-CIIF Group of Companies, the 14

    Holding Companies, the 24% CIIF-SMC

    shares and 4% SMC Treasury shares.

    Non-reference to 20% ECJ shares in

    SMC may go either way, pursue or give

    up on efforts to recover the said

    shares.

    Privatization of all coco levy assets is

    implied.

    Further audit and studies need to be

    made on the UCPB-CIIF Group of

    Companies. A number of them may be

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    27/50

    P a g e

    27

    useful for programs for the small

    coconut farmers.

    Procedure for fund releases from the

    DBM is defined with final approval bythe President.

    High probability of delay due to the

    many concerns of the Office of the

    President.

    No limit or cap on amount and period,

    whatsoever, was considered allowing

    the use of the entire resources as long

    as the specified program dictates.

    Creation of a Multi-Sectoral

    Coordinating Committee on the

    Coconut Industry

    Composition: DA, DBM, DTI, NAPC,

    PCA, (2) coco farmers, (2) civil society.

    The President shall appoint the Chair.

    The 5:4 government and private

    combination reflects 22% participation

    of coconut farmer organizations

    granting that the public consultations

    are in order.

    General responsibilities of theCoordinating Committee to be:

    a) Formulate a comprehensive andintegrated poverty reduction

    roadmap for the benefit of small

    farmers and farm workers;

    b) Develop a comprehensive andsustainable Coconut Industry

    Development Roadmap for the

    revitalization and development

    of the Philippine Coconut

    Industry;

    c) Determine priority areas andcommunities for programs and

    projects undertaken pursuant to

    the above-mentioned

    As in previous observations, the

    Administration tends to move towards

    a direction of a totally separate

    program for the farmers and another

    for the industry (a & b).

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    28/50

    P a g e

    28

    roadmaps;

    d) Conduct an annual review andevaluation of the projects;

    and,

    e) Perform all acts that may benecessaryAdditional Note: There is no reference made to earmark of define the coco levies

    to form a Trust Fund rendering it less secure from AND FOR OTHER PURPOSES.

    2. S.B. NO. 455. AN ACT PROVIDING FOR THE DISPOSITION OF THE COCONUT LEVYASSETS BY THE PRIVATIZATION AND MANAGEMENT OFFICE, CREATING THE

    COCONUT INDUSTRY FUND COMMITTEE, AND PROVIDING FOR THE

    MANAGEMENT, INVESTMENT, AND USE OF PROCEEDS FOR SUCH ASSETS FOR

    AND IN BEHALF OF THE COCONUT FARMERS AND FOR OTHER PURPOSES

    Proponent: Sen. Ralph Recto

    Features Remarks / Comments

    A Declaration of Policy to consolidate,

    expedite and deliver the benefits due

    to coconut farmers, especially the poor

    and marginalized, to attain a balanced,

    equitable, integrated sustainablegrowth and development of the

    industry.

    Makes a prioritization to the poor and

    marginalized farmers.

    An audit of the coco levy assets by COA

    for privatization purposes.

    Creation of a Coconut Industry Fund,

    earmarked as Special Fund for the

    benefit of the coconut farmers and the

    development of the coconut industry;

    to be utilized within a period of ten

    (10) years.

    The defined fund renders it more

    secure to be used solely for its

    purpose. More importantly, the

    definition is in accordance with the SC

    ruling, in its rightful order of priority:

    1) Benefit of the coconut farmers;and,

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    29/50

    P a g e

    29

    2) Development of the coconutindustry.

    No rationalization of the 10-year

    period was referred to even in the

    Explanatory Note.

    Creation of the Coconut Industry Fund

    Committee

    Composition: NEDA (Chair), DoF (Vice-

    Chair), DoJ, DA, PCA, Private Sector

    Banking, (3) accredited coconutfarmers organizations (appointed by

    the President from nominations by

    PCA/NAPC).

    Renders a 5:1:3 ratio of participation

    by government, private sector and

    coconut farmers organizations (33%

    participation in decision-making)

    Committee Powers and functions:

    Identify all portions of the Coco Levy

    Assets for liquidation, privatization and

    disposition x x x;

    a) Formulate / amend x x xinvestment guidelines;

    b) Make, approve any and alldisbursement from the Trust

    Fund x x x;

    c) Designate governmentdepository banks x x x to

    administer the Trust Fund;

    d) Appoint and procure fundmanagers x x x to manage

    investments of the Trust Fund;e) Establish guidelines xxx for the

    conservation, rehabilitation and

    disposition of the Coco Levy

    Assets by the Privatization

    Management Office;

    f) Approve x x x the sale or

    The Powers and Function of the

    Committee is heavier on the

    management aspect of the assets. The

    focus on management of the assets

    may have led to identification of the

    10-year period instead of perpetual

    utilization.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    30/50

    P a g e

    30

    disposition of the assets x x x;

    g) Approve xxx rehabilitation ofCoco Levy Assets pending

    disposition by the Privatization

    Management Office x x x;

    h) Exercise xxx ownership withrespect to such assets x x x;

    i) Approve xxx financialrequirements of the PMO in

    relation to the Act x x x;

    j) Appoint x x x and fixremuneration of personnel of

    the Committee;

    k)

    Prepare the RationalizationPlan for the development of the

    coconut industry x x x (among

    others, coconut productivity

    and investment programs,

    replanting, industry

    rehabilitation, scientific and

    medical research, integrated

    downstream processing, and

    market promotion programs);

    l)

    Exercise such other functions xx x as necessary x x x.

    The term of the Committee shall be

    coterminous with the term of the Trust

    Fund which shall be limited to a term

    of ten (10) years. Upon lapse, all assets

    and liabilities shall be assumed by the

    National Government.

    The term limits may work both ways,

    protect the fund from political changes

    or preserve the political status quo in

    terms of coconut industry

    development.

    Reporting requirements of the

    Committee is pegged on semi-annual

    basis made to the President and

    Congress.

    Monitoring is not defined, most

    especially not thru consultations with

    the coconut farmers. Indicators for

    reporting, therefore, may follow the

    same flawed current measurements in

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    31/50

    P a g e

    31

    growth in agriculture (increased

    production, increase in volume of

    exports, etc.)

    Accreditation of Coconut Farmers

    Organizations by PCA and NAPC.

    PCA has been noted to put biases on

    farmer organizations it has organized

    in the past decades. First there was

    Cocofed, then the SCFO. NAPC has its

    own share of this. The effect is such

    that not the entire coconut

    communities are recognized in the

    process.

    3. DRAFT S.B.: AN ACT CREATING THE COCONUT INDUSTRY TRUST FUND,PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES

    Proponent: Cocofed, Villasenor, Avila et al.

    Features Remarks / Comments

    A Declaration of Policy to accelerate

    development and vertical integration

    of the coconut industry through

    medium and long-term financing

    (capital investment) and social services

    for coconut farmerswith assistance to

    coconut farming organizations under a

    Coconut Industry Trust Fund that shall

    be administered by a PhilippineCoconut Farmers Foundation.

    The statement appears to be ALL-IN

    at the onset! Very definitive, indeed!

    But for certain specific interests

    mainly. Cocofed, the party indicted in

    the coco levy cases, has not changed

    any since martial law days and the 2

    other organizations are riding on it

    with blessings from Danding

    Cojuangco.

    Creation of a Coconut Industry Trust Like Cocofed in the dark days of martial

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    32/50

    P a g e

    32

    Fund for the following purposes:

    a) Finance developmental /operating expensesof

    recognized coco farmer

    organizations (scholarships,

    nurseries, replanting);

    b) Finance establishment andoperation of industries and

    commercial enterprises and

    research;

    c) Finance social services forcoconut farmers (social

    benefits); and,

    d) Finance programs to hastenand advance industrializationand diversification.

    rulewhen the coco farmers were

    milked with the levypublic funds

    were used to sustain private

    organizations. Now the 2 others want

    the same as well.

    Creation of a Philippine Coconut

    Farmers Foundation with principal

    office in Makati City.

    Composition: (15) Board of Trustees;

    (8) from government provided PCA is

    one; (7) from coconut industry sector

    provided that COCOFED, PKSMMN, and

    PASCFO are included.

    Benefit is by exclusive membership

    only and not the farmers as a class. The

    more empoweredthe 3

    organizations mentionedshall take

    over the lesser ones. ESPECIALLY THAT

    IT CONCENTRATES ALL POWERS TO

    THE FOUNDATIONTHE ONLY

    CONCERN REALLY IS TO PERPETUATE

    THEMSELVES IN POWER BY SECURING

    ACCESS AND CONTROL ON THE COCO

    LEVY FUNDS. All hail the wannabe

    Kings!

    No justification / rationale offered for a

    Makati office.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    33/50

    P a g e

    33

    Powers and functions of each officer of

    the Foundation.

    For SEC registration maybe???

    Limitation and allocation of trust funds

    to only net income subject to following

    stipulations:

    5% admin / operations

    25% revert to trust fund

    70% programs / projects

    Proposes to use the trust funds in

    perpetuity.

    UCPB as Depository of fund. No justification offered either.

    Cojuangco, Cocofed and PKSMMN,

    however, are back in control of the

    UCPB-CIIF Group of Companiesthe

    only logic.

    Ground survey of coconut farmers by

    representatives of PCA, COCOFED,

    PKSMMN, and PASCFO.

    Still assured dominance by the 3

    organizations.

    Additional Note: This draftstarting with the Declaration of Policy until the end

    was obviously proposed primarily for certain specific interests with consideration

    of the coconut farmers, in general, only coming second.

    4. DRAFT E.O.: DECLARING IT A NATIONAL POLICY TO EXPEDITE THE DELIVERY OFTHE BENEFITS DUE TO THE COCONUT FARMERS AND THE COCONUT INDUSTRY

    UNDER VARIOUS PRESIDENTIAL DECREES BY CONSTITUTING THE COCONUT

    FARMERS TRUST FUND COORDINATING COUNCIL FOR THE COORDINATION

    THEREOF

    Proponent: Muti-Sectoral Task Force on Coco Levy Recovery (MSTF)

    Features Remarks / Comments

    A Declaration of Policy to consolidate,

    expedite and deliver the benefits due

    to coconut farmers, especially the poor

    and marginalized, to attain a balanced,

    equitable, integrated sustainable

    Makes a prioritization to the poor and

    marginalized farmers.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    34/50

    P a g e

    34

    growth and development of the

    industry.

    Constitution of a Coconut Farmers

    Trust Fund for the development of the

    coconut industry and the ultimatebenefit of the small coconut farmers

    and farm workers(assistance to

    coconut farmers, increased

    productivity, development of coconut-

    based enterprises, promotion of anti-

    poverty programs).

    The Fund is declared firmly to be

    primarily for the (marginalized) small

    coconut farmers and farm workers in

    line with the development of the

    industry.

    Capitalization of the Fund The CIIF-SMC block of shares as initial

    capital (open to other recovered coco

    levy assets, donations and grants) is

    proposed to be perpetually

    maintained.

    Designation of Trustee Bank To be designated by the President as

    allowed by applicable laws.

    Creation of the Coconut Farmers Trust

    Fund Coordinating Council toadminister and determine disposition /

    utilization of earnings and incomes.

    Composition: President (Chair), (4)

    from government being DA, farmer

    representative of the PCA Governing

    Board, NEDA and ______, (2) Private

    Banking Sector, (6) representatives

    from Coconut Farmers Organizations.

    Renders a 5:2:6 ratio of participation

    by government, private sector and

    coconut farmersorganizations (46%

    participation in decision-making).

    With the President as Chair, all

    concerns shall be within the approval

    of the President.

    Members of the Council to be

    appointed by the President with a 3-

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    35/50

    P a g e

    35

    year term, maximum of 2 terms.

    Functions and Responsibilities of the

    Council:

    a) Coordinate with PCA x x x;b) Coordinate and integrate,

    plans, programs and projects of

    the other implementing

    agencies x x x;

    c) Formulate an annual budget onthe Work and Financial Plan for

    the utilization and allocation of

    the funds x x x;

    d)

    Recommend to the Presidentthe investment policy of the

    Trust Fund in consideration of

    coconut industry development

    studies and plans, specifically

    establishing priorities for

    preferential assistance to small

    coconut farmers and farm

    workers, to be reviewed

    periodically for any revision

    necessary.

    e) Formulate the rules andregulations governing the

    allocation, utilization and

    disbursements x x x;

    f) Formulate the ImplementingRules and Guidelines of the

    Order;

    g) Perform such other acts as maybe necessary x x x.

    The Functions and Responsibilities is

    that of oversight with direct

    coordination and command on

    planning and implementation of

    programs and projectsall with the

    Presidents approval.

    Cooperation with the Council by any

    instrumentality of government may be

    called upon when needed.

    With the diversity of programs needed

    for the farmers and the industry, the

    whole government bureaucracy may

    be mobilized.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    36/50

    P a g e

    36

    The coconut farmers still have reason to celebrate. While real and actual benefits are

    not tangible as of yet, the whole policy debate has advanced from basic legal doctrines

    to actual development initiatives.

    Since decades ago Danding Cojuango and cohorts were claiming that they contributed

    to the coco levies and not the farmers who till the coconut lands. The term coconut

    farmers contained in the Presidential Decrees then was interpreted to be the landlords

    and big plantation owners who declared, but not necessarily paid, real estate taxes.

    After the fall of the Dictatorship the debate focused on the basic nature and character

    of the coco levies. The political nature of the case had caused the Courts to deal with

    issues with extreme caution for decades. The Supreme Court finally concluded the

    major cases half blinda portion public for the millions of coconut farmers and another,

    private for a single individual.

    The current political trend appears to be quite depressing still with Cojuangco and

    cohorts back at the helm of the UCPB-CIIF Group, complements of the latter GMA

    Administration. The PNoy Administration even strengthened Cojuangcos hold further.

    The current PCGG appears no better than its most recent predecessor which converted

    common shares of the CIIF-SMC to preferred shares to the advantage of Cojuangco in

    SMC. Danding Cojuangco may be expected to slip out with the other block of 20% SMC

    shares if efforts to recover are left to government alone today.

    But in any case, the government now holds on to some Php71 billion in cash from the

    recovered coco levies. The sheer amount involved dictates the importance of engaging

    the government from policy to implementation of projects and programs for the

    farmers, their communities and the coconut industry.

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    37/50

    P a g e

    37

    Each of the policy proposals have its own merits and strengths; disadvantages and

    weaknesses just the same. The Cocofed proposal, though, deserves the least attention

    for simply being self-serving more than anything else. The positive points that present

    high-probability impact on the coconut farmers in the discussions, so far, are the

    following:

    Positive Points Proponent/s

    Creation of a Perpetual Trust Fund that will secure the

    funds to serve its rightful intent and purpose.

    MSTF, Cocofed

    Creation of a Council / Committee composed of a mix of

    government, private and farmer representatives to

    manage, administer and coordinate execution of an

    integrated plan.

    DoF, MSTF, Sen.

    Recto

    The need for a rationalization plan or an integrated

    roadmap one for both farmers and industry

    development.

    MSTF, Sen. Recto

    The need to focus programs on marginalized small

    coconut farmers and farm workers and their plightagainst poverty.

    DoF, MSTF, Sen.

    Recto

    The participation of coconut farmers organizations in

    various levels of concern: decision-making,

    implementation and monitoring / evaluation.

    DoF, MSTF, Sen.

    Recto

    Compliance of strict governance and accountability in

    management and administration of the Trust Fund.

    DoF, MSTF, Sen.

    Recto

    But all these are still on the table and whatever result comes out will, definitely, be a

    choice of President Benigno Simeon Aquino III. So the battle is merely half-done and

    the war is far from over. What is definite is that justice had not been served the

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    38/50

    P a g e

    38

    millions of genuine coconut farmers as of yetnot after more than one year that

    government had held on to the recovered levy funds .

    Such a concern was also the subject of a

    two-hour documentary on the coco levy

    funds scamCOCORAKOT. Noted

    Journalist, Cheche Lazaro, featured the

    opposing claims by farmers, advocates for

    coco levy recovery, and Marc Cojuangco,

    the son of Danding. Ms. Lazaro

    established the issue on the coco levies by

    comparing it to the present reaction of

    the public on the issue of pork-barrel and

    the Php10 billion scam by Janet Napoles.

    The coco levy scam happened decades

    ago and is well worth over Php100 billion

    todayyet left only to the farmers and a

    few advocates handling.

    True to form, Marc Cojuangco echoed that his father should be rewarded for taking care

    of the coco levy monies for the farmers and investing it in profitable instruments such as

    SMC shares. Cojuangco also noted that the real beneficiaries of the coco levy should be

    the farmers that pay real estate taxes. He referred to the tillers and farm workersas

    merely seasonal and, therefore, not entitled to direct benefits.

    Ka Oca Santos contributed his wisdom to the documentary as based on his timeless

    experience from the time the levy was collected (he was Batasan Pambansa Member) to

    the time the funds were audited by government (he was PCA Chief), and as private

    citizen-petitioner to the cases in the Sandiganbayan and the Supreme Court. Ka Oca

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    39/50

    P a g e

    39

    cited that the erred decision of the Supreme Court on the 20% SMC shares in favor of

    Cojuangcothe benefit of a single individual against that of millions of farmersshould

    not be left to stay in the archives of the Judiciary for it will diminish an institution that

    was supposedly founded on fairness, truth and justice.

    Towards the end of the documentary, Ms. Lazaro presented contradicting positions

    taken by various farmers groups and advocateson the handling and use of the

    controversial coco levy funds. What was common among them, though, is that:

    a) government should be watched with vigilance to ensure that benefits do reachthe small coconut farmers; and,

    b) the coconut farms should be geared towards value chain addition in order toeffect meaningful changes in the poverty situation of the farmers and

    ultimately improve the industry.

    In sum, the overall condition presents no other more appropriate time to promote and

    set up an alternative coconut development for communities who had suffered more

    than long enough from the traditional copra industry. Admittedly it is government thatwould take on the biggest role in such a perspective, primarily with the use of the coco

    levy funds. And for any government effort to be a success, the genuine participation of

    the farmers and their communities is highly essential.

    Part III. COCO DEVELOPMENT ALTERNATIVES FOR COMMUNITIESThe coconut levy funds, being declared as public funds, shall be the responsibility and

    obligation of the government, especially the President, primarily to the small coconut

    farmers and farm workers. In determining which path (tuwid na daan) to take,

    appropriate guides (in the following order) are recommended:

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    40/50

    P a g e

    40

    U tilizationConsult, study and determine meaningful utilization of the

    funds to optimize direct impact to the beneficial ownersthe

    coconut farmers. This direction may be reflected in the

    integrated plan alongside priority areas.

    M anagementBased on such studies and determination, the management of

    the funds may be set for good governance purposes. Ergo,

    investments & returns needed to implement the plan, securing

    the funds in trust (Trust Fund) and its purpose by a fiat.

    dministration

    Transparency and accountability is of utmost importance in

    administering the special funds. Programs and projects

    implemented must be completely traceable and open for

    changes if needed. Monitoring and evaluation, therefore,

    should be an inherent element apart from modes of releases

    and technical, often bureaucratic, requirements.

    The participation of the coconut farmers in all three levels of concern is necessary to

    achieve impact on the poor communities. All problems besetting the industry find its

    way to the farms and the farmers / farm workers who compose 92% of the industrys

    workforce. What plagues the industry plagues the farms and the farmers / farm

    workers. Any solution, therefore, should be directed towards making impact on the

    farms and the farmers / farm workers. The abovementioned guide aptly reflects where

    the coconut levies should be directed to: UMAis a visayan term for farm. The coconut

    levies should be directed to benefit the (UMAand the MAG-UUMA SA LUBI) farms and

    the coco farmersthe coconut communities. This will ultimately spell sustainability of

    the coconut industry.

    Ergo, the discussions should really be about which programs / projects would benefit

    the coconut communities most; and, how the programs / projects can be delivered to

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    41/50

    P a g e

    41

    them judiciously. These should be programs / projects that contain the following

    elements:

    1. Direct community and/or local government participation in production andconsolidation;

    2. Value chain-addition to coconuts (copra and non-copra, other uses) thruvillage-level processing / semi-processing and technology transfer

    communities become more than mere raw material suppliers; and,

    3. Joint business cooperation for equity sharing with the communitiesthemselves.

    Through continuing consultations and studies, COIR had aided selected coco

    communities to build on an OPTIONS MENUfor village-level coconut industry

    development. The OPTIONS MENU is aimed at providing various choices of development

    initiatives that may be

    implemented at the

    community level. The

    impact expected out of

    each may be projected

    to aide in the

    communities choice of

    alternatives, whether

    piecemeal or in

    combination. The said

    menu may be utilized

    by barangays and

    municipalities for localVillage-level Coconut Industry Development Menu

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    42/50

    P a g e

    42

    development planning.

    Coconut farms compose the base of the menu. From farm and pest management

    concerns, the menu moves horizontally to raw materials from coconuts and intercrops,

    and vertically to value-addition of each. This means that even in the choice of intercrops

    value-addition to coconuts, the main crop, ought to be a consideration i.e. coffee and

    cacao in combination with coconuts as finished productsnot just raw materials. At the

    center is the main raw material, coconut meat, to which value is added vertically.

    The menu provides a wide range of options for village-level consideration which the

    communities can use in planning and feasibility study making. Government and other

    donors can also utilize the menu to select a certain level of impact to be achieved in a

    given area. It contains both general and specific integrated value-addition to coconut

    farms under short and medium-term periods. And most importantly, local and domestic

    markets have been considered for the main products more than that of export.

    The menu was developed from a series of consultations and workshops with the LCIDCs

    of Camarines Norte and Davao Oriental, starting with benchmarking coconut profiles ofbarangays. The main course of the menu, so called, is FRESCA and FRESCO.

    Advocates of the New Coconut Industry contend that copra production for oil

    processing takes out 75% of the real value of coconuts. Traditional copra-making throws

    away the matured coco water as the interest is only drying the meat. The husk is

    oftentimes wasted unless there is a buyer or decorticating plant nearby. The shell is

    usually made into charcoal for value-addition. But under current traditional practices all

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    43/50

    P a g e

    43

    other parts are taken for granted and largely wasted in order to produce the low-value

    copra.

    In the farm, it takes hard labor to harvest, gather, dehusk and separate the coconut

    meat from the shell. Then it takes days to dry coconut meat in the tapahan or

    underneath the sun so it can be used as input in the far-away big-scale mill (500-750

    metric tons per day) for oil production. Farming communities are paid for the dried

    meat (copra) by a chain of traders who transports it to the millsthis takes another set

    of days. By the time the copra reaches the mills it would have lessened in volume or

    accumulated moisture. The oil then, largely exported, is processed further for various

    finished products (food, pharmaceuticals, biofuel and oleochemicals). Further

    processing, however, basically entails chemical processes to take out infirmities from

    the unclean copra input.

    The other alternative to copra at present is selling whole nuts for use by desiccating

    plants. Whole nut selling entails less labor cost for the farmers. The usual price offered

    for the whole nut, however, is still based on the prevailing buying prices of copra (copra

    price divided by four on the average). The desiccating plants are also big in scale(400,000-700,000 nuts per day) and far away from most of the source/supply areas. So

    the traders role becomes crucial in bringing the whole nut supply to the plants.

    Bottomline, the coco farmers and the communities take the smallest slice of the volatile

    copra valuehigh when demand is greater than the volume of supply and, most often,

    low as production and export volume increases. The whole low-technology and low-

    value utilization set up had been in existence for centuries keeping millions of smallfarmers and farm workers in dire poverty. To effectively address the dire situation of the

    marginalized coconut farmers and their communities, therefore, the following operative

    terms should become prime concerns:

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    44/50

    P a g e

    44

    VALUE CHAIN-ADDITION Vs. Raw Material Supplier

    Processing / semi-

    processing facilities

    and technologies

    required

    VILLAGE-LEVEL / COMMUNITY-

    BASEDVs. Large-scale

    Workable units along

    the production sites

    within reach of the

    farming communities

    INTEGRATED PROCESSING Vs. Single Product-line

    Value-chain for various

    uses and markets

    FARM OPTIMIZATION /

    INTEGRATIONVs. Monocrop

    Maximization of use of

    land in consideration of

    processing / semi-

    processing facilities

    EQUITY SHARING Vs. Investor-dependent

    Stakes and ownership

    by the communities

    themselves

    COMMUNITY/AREA-SPECIFIC Vs. General direction

    To consider other

    assets and conditions

    prevailing in the area

    FRESCAis a concept of village-level integrated DRY processing of fresh matured nuts at

    the volume of 1,000-5,000 nuts per dayas differentiated from FRESCOswetprocessing.

    The FRESCAHAN is likened to that of the Koprahansites but designed for efficiency

    and value-chain addition. Fresh matured coconut is centralized and its parts separated

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    45/50

    P a g e

    45

    for integrated use or processing. The fresh matured coconut is basically processed

    immediately into its primary products, clean and edible Fresh Coco Oil and Milkflour.

    The integrated design allows coconut water to be collected and processed into Coconut

    Water Concentrate and Purified Coco Water. The Coco Water Concentrate (gourmet

    sauce) may further be processed to make a health and energy drinkReconstituted

    Coco Water as what Pepsi Cola, Cocoa Cola, Vita Coco and Lucio Tan companies sell.

    Other products of the FRESCAHAN may come from the solid fuel (husks and shells) used

    for burners i.e. charcoal, liquid smoke (natural pesticide) and coco ash (cleaning agent).

    Apart from the fact that not a single part of the fresh matured coconut had been put to

    waste, the resulting finished products accumulate value in every step. In fact, the

    resulting products from FRESCA stations are even used for further value chain

    processing and are marketable / consumable in the communities themselves. The

    integrated value-chain addition also allows a genuine computation of the value of the

    raw materialthe fresh matured coconut (husk, shell, meat and water)initially at

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    46/50

    P a g e

    46

    Php 8-10 per kilo. With a designed capacity of 5,000 nuts per day, a Fresca station is

    expected to mainly produce the following (conservatively computed at 1 kilo : 5 nuts)

    per day:

    600 kgs. Fresh Coco Oil 400 kgs. Milkflour 1,600 liters Coco Water (1/3 liter per nut) for concentrate and purified water Liquid smoke, coconut charcoal and ashup for actual testing

    Moreover, such community enterprise concept of value-adding to existing assets

    (coconuts) offers high probability of being able to expand by its own means either byduplication or simply by volume

    capacity upscaling. Other nearby

    communities may later be capacitated

    to join in on the entire value-chain as

    satellite semi-processing zones

    (community grinder / dryer)all

    depending on how the communities

    can cooperate among themselves.

    The prospects appear simply inviting.

    The FRESCA station is but part and

    parcel of a larger value-chain hub called

    FRESCO stations. The FRESCO stations normally combine dry and wet processes to

    produce higher value products from coconuts. The concept fits well with what the

    coconut industry terms as downstreaming. In addition to the products of FRESCA, the

    wet process essentially allows the separation of the coco milk and the coco flour. The

    production of coconut skimmed milk yet leads to another set of value-chain at larger

    UPSCALE

    FRESCA

    STATION

    COMMUNITY

    GRINDER /

    DRYER

    COMMUNITY

    GRINDER /DRYER

    COMMUNITY

    GRINDER /

    DRYER

    COMMUNITYGRINDER /

    DRYER

    COMMUNITY

    GRINDER /

    DRYER

    COMMUNITY

    GRINDER /DRYER

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    47/50

    P a g e

    47

    scales with wider variations when combined with other processed agricultural products

    such as coffee and cacao.

    FRESCO STATION(DRY & WET PROCESS)

    UPSCALE

    FRESCA

    STATION

    FRESH COCO OIL

    COCOSKIMMED MILK

    COCO FLOUR

    VALUE-ADDEDMILKPRODUCTS

    BREAD, PASTRIES, CAKES

    VALUE-ADDED OILPRODUCTS

    CENTRIFUGE

    COCO MILK / CREAM

    FROZEN SECTION

    NEUTRACEUTICAL

    OLEOCHEMICAL

    Real-valued raw materials, job generation, value-chain addition and profit-sharing,

    increasing local purchasing power and spurring local economies, increasing

    communities health and financial sustainability are really what make up the New

    Coconut Industry. Allowing the opportunities at hand to be taken only by the

    traditionally big players / investors will change nothing and keep the coconut

    communities poor foreverselling whole nuts that are based on prevailing copra prices.

    Definitely, this is a primary area where the coconut levies

    ought to be utilized.

    Today there exist no reliable coconut farmer registry, much more the coconut farms.

    Government through the PCA would have a list of farmer organizations and a masterlist

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    48/50

    P a g e

    48

    of those who have been covered by life insurances under Cocolifesome of whom may

    not even be farmers. Coconut statistics are really made through random sampling by the

    Bureau of Agricultural Statistics. In many cases, even the local government units depend

    on these centralized random statistics. The United Coconut Associations of the

    Philippines gathers coconut statistics as well, presumably from government too, but

    sells the information. The PCA website would also hardly contain detailed statistics, and

    especially not any analysis, on the farmers and the industry that may be of great use for

    development planning and market-matching. Ergo, it is difficult to find hard, actual and

    reliable statistics on coconuts.

    More importantly, the devastating experience of Tacloban, Leyte and Eastern Samar

    (2013) would show how critical an advanced registry can be when all physical records

    are destroyed after a disaster hits.

    This realization gives way to the importance of having a coconut farmer registry with a

    relational database that is stored in and accessible from a cloud. Such a program

    exists but has not been tapped by government. The database, apart from registering

    individual farmers, their lands, trees and nuts, also has the capacity to monitor volumesof production (raw or processed) and the farmers economic activities.The said program

    would have more use if applied at the local communities with the help of the local

    government units.

    In view of the suggestions coming from some participants in the 1st

    National Coconut

    Farmers Conference,COIR took the initiative to meet with Officials of the Social

    Security System. Like other farmers and agricultural workers, the small coco farmers and

    farm workers would not have access to the SSS unless they are hired under big business

  • 7/22/2019 In Search of Alternative Coconut Development for Communties

    49/50

    P a g e

    49

    companies. To widen its reach in the agri sector, the SSS accredited cooperatives as

    collecting agents.22

    Coconut communities are far and wide in 69 coconut producing provinces. A greater

    number of coconut farmers, as of yet, have not formed or joined cooperatives. Under

    these circumstances, with a low capacity to pay and/or collect, social security for the

    farmers would have to be subsidized. SSS Officials computed social pensions for coconut

    farmers to reach an e