Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
Puerto Princesa City, Palawan
ADMINISTRATIVE ORDER No. 8A S. 2003
SUBJECT: PROCEDURAL GUIDELINES FOR THE ISSUANCE OF PERMITS FOR THE COLLECTION, EXTRACTION, AND REMOVAL OF EDIBLE BIRD’S NESTS PURSUANT TO SECTION 5.6 OF PCSD ADMINISTRATIVE ORDER NO. 8, SERIES OF 2003 .
Section 1. Scope and Jurisdiction
This Administrative Order shall apply to the issuance of permits and/or clearances for the collection, extraction and removal of edible bird’s nest found within caves in the province of Palawan.
Section 2. Issuance of Permit
Permit shall be issued by PCSD to the qualified applicants for the extraction of edible bird’s nests upon compliance of the requirements as identified in this Order. Said permits shall be valid for one (1) year from the date of issue. Such permit shall contain the terms and conditions that the PCSD may impose. Any violation on the terms and conditions shall be a ground for cancellation thereof.
Section 3. Qualifications
Applicants for a permit to extract edible bird’s nests must be a resident of the area where the caves are located and must possess any of the following: a. A claimant and/or a holder of a tax declaration for specific caves; b. Gatherers of former concessionaires or individual who possesses technical skills to extract or gather edible bird’s nest; c. Legitimate bird’s nest association and/or member of tribal communities/IPs; d. Legitimate descendants by consanguinity or affinity of the original person/clan that discovered a particular cave.
Section 4. Requirements
The applicant shall submit the following documents to PCSD;
a. Duiy accomplished Application Form (Attachment A);
b. Description of undertaking (Attachment B) containing among others, the following information:
(i.) Area of Operation (Sitio, Barangay, Municipality;
(ii.) Investment for the undertaking;
(iii.) Location and condition of caves where edible birds nests are to be extracted;
(iv.) Type of nests to be extracted;
c. Barangay clearance certifying that the applicant is resident therein;
d. Resolution of endorsement from the concerned Sangguniang Barangay and/or Sangguniang Bayan.
Section 5. Technical Working Group
A Technical Working Group (TWG) shall be constituted for every municipality where edible bird’s nest is found. The following shall constitute the TWG.
(1) PCSDS as Head of the TWG
(2) LGU representative
(3) PCSD Member representing the Business or NGO Sector
The TWG shall evaluate the applications and recommend appropriate action to the Executive Director.
Section 6. Processing and Approval of Application
An Applicant must submit to the PCSDS the requirements enumerated in Section 4. Upon receipt of the application, the PCSDS shall convene the TWG. The TWG shall prepare an evaluation report incorporating therein their recommendation for approval or denial of the application. The report shall be submitted to the Executive Director for approval or denial. If denied, the ED shall inform or notify the applicant of such denial. If approved, the ED shall issue the permit applied for. Such permit shall embody the terms and conditions for the strict compliance of the permittee. Such permit shall be released to the permittee upon payment of a bond specified in Section 7.
Section 7. Fees, Charges, and Other Securities
Application Fee. Upon filing of the application, the applicant shall pay an application fee pursuant to PCSD Admin Order No. 4, series of 2000, which is non-refundable.
Charges. A permittee shall be required to pay the amount equivalent to 10% of the cvalue of the resource extracted.
Bond. A permitee shall be required to deposit an amount of Php 20,000 for individuals or Php 50,000 for group/organization as security to answer for any damages that may arise out of the activities of the permitte inside the cave for the duration of the permit The amount of the bond shall be returned to the permittee upon expiration of the permit less the cost of damages therein.
Section 8. Privileges and Responsibilites of Permittees
The permitte shall have the privilege to extract edible bird’s nests within the caves applied for utilization and shalt abide by the terms and conditions that the PCSD may impose upon issuance of the permit.
Damages and other liabilities may arise out of the activities of the permittee inside the cave for the duration of the permit shall be borne solely by the permittee, the amount of damages shall be deducted from the bond deposited for the purpose.
The permittee shall be required to restore any damage in case the amount of the bond is not sufficient to cover the cost of restoration. The permittee shall enter into a Memorandum of Agreement with the PCSD for the management, protection of the caves and sustainable utilization of the cave resources. The MOA shall include, among others, a provision for specific assistance, which the permittee may render to LGU’s in its program to enhance, sustain, and develop the caves in their localities
(SGD) VICENTE A. SANDOVAL