Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
(R.A. 7611)
Puerto Princesa City, Palawan

PCSD RESOLUTION NO. 06-277

A RESOLUTION AMENDING PCSD ADMINISTRATIVE ORDER No. 08-A, SERIES OF 2003 (“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”)

WHEREAS, pursuant to paragraph (8), Section 19, Chapter V of Republic Act No. 7611, otherwise known as the “Strategic Environmental Plan for Palawan”, the PCSD is vested with the power to adopt, amend and rescind such rules and regulations and impose penalties for the effective implementation of the Strategic Environmental Plan for Palawan and other provisions of the SEP Law and that, in accordance therewith, the Council passed PCSD Admin. Order No. 03-08 providing for the administrative penalties of fines and forfeitures for violations of its provisions;

WHEREAS, there was an orientation/workshop on the “Caves Act” and stakeholders consultation conducted on June 2004 and October 2004, respectively, during which proposed amendments to PCSD Admin. Order 03-08 were drafted;

WHEREAS, the Environment and Natural Resources Committee, which serves as the professional support committee of the PCSD, has reviewed and recommended the adoption of the proposed amendments to PCSD Admin. Order 03-08;

WHEREAS, PCSD Administrative Order No. 03-08-A has been in force and effect for two (2) years now and there is a need to revise its provisions to ensure that cave resources are well protected and managed by defining the roles of the PCSD, LGUs, Permittees and other concerned agencies;

WHEREFORE, be it resolved, as it is hereby resolved, that the following Sections of PCSD Administrative Order No. 03-08 are hereby amended and should read as follows :

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 and other allowable cave resources found within caves in the province of Palawan” Section 2. Issuance of SEP Clearance

Except in those municipalities which have signed MOAs or municipalities which will hereinafter enter into a MOA with the PCSD, a bidding shall be conducted from among applicants for the gathering of edible bird’s nest. The award for the winning bidder shall be issued by the PCSD and shall be valid for one (1) year. It shall contain the terms and conditions that the PCSD will impose and any violation made shall be a ground for cancellation thereof.

Section 3. Conduct of Bidding by the PCSDS

The PCSDS shall conduct a bidding of the caves where edible bird’s nests shall be collected at the beginning of every year. It shall publish the schedule of bidding and the prequalification requirements stated in Section 4, in local and national newspapers of general circulation. A bidding committee shall be organized by the PCSDS with two staff from the LGU as members.

Section 4. Pre-Qualification Requirements

The applicant shall submit the following to the PCSDS prior to bidding to enable him to qualify and participate in the bidding:

a. Duly accomplished application Form (attachment A);

b. Description of undertaking (attachment B) containing among others, the following information:

(i) Areas of Operation (Sitio, Barangay, Municipality);

(ii) Investment for the undertaking;

(iii) Location and condition of caves where edible bird nests are to be extracted;

(iv) Type of nests to be extracted,

c. Barangay clearance certifying that the applicant is a resident therein;

d. Resolution of endorsement from the concerned Sangguniang Barangay and Sangguniang Bayan;

e. Free and Prior Informed Consent.

f. Management Plan

Section 5. Evaluation of Requirements

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 evaluate the requirements submitted and prepare an evaluation report incorporating therein their recommendation for approval or denial of the application. The report shall be submitted to the Executive Director. If the PCSDS denies the application, the ED shall inform or notify the applicant of such denial. If approved, the applicant shall be allowed to participate in the bidding of caves where edible birds’ nests will be gathered/extracted.

Section 6. Technical Working Group (TWG)

A technical working group (TWG) shall be constituted for every municipality where edible bird’s nest is found. The following shall constitute the municipal TWG:

a. PCSD staff as head of the TWG

b. Chairman of the Municipal Caves Committee

c. Municipal ENRO/City ENRO

d. DENR-CENRO

e. IPs

f. POs

The TWG shall evaluate the applications and recommend appropriate action to the PCSDS Executive Director.

Section 7. Fees, Charges and Other Securities

Application Fee. Upon filing of the application for SEP Clearance, the applicant shall pay an application fee pursuant to PCSD Admin. Order No. 4, series of 2000, which is non-refundable.

The winning bidder shall immediately pay to PCSDS 50% of the bid amount, the balance payable within 90 days. Bond. The winning bidder shall post a cash bond amounting to Php 50,000.00, as security to answer for any damages that may arise out of the activities of the permittee 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 Responsibilities of Permittees

The permittee shall have the privilege to extract edible birds’ nests within the caves applied for utilization and shall abide by the terms and conditions that the PCSD shall impose upon issuance of the permit.

Damages and other liabilities that may arise out of the activities of the permittees inside the cave for the duration of the permit shall be borne 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 and the LGU for the management, protection of the caves and sustainable utilization of cave resources. The MOA shall include among others, a provision for specific assistance, which the permittee may render to the LGU in its program to enhance, sustain and develop the caves in their localities and the role of each entity in the management of caves.

Section 9. Implementation Arrangements. In the municipalities where a Memorandum of Agreement has been entered into by PCSD pursuant to Section 5.2 of the rules and regulations implementing R.A. 9072, the provisions of the MOA shall prevail.

SO RESOLVED.

APPROVED AND ADOPTED this 24th day of February 2006 in Puerto Princesa City.

Certified True and Correct:

DEP. EXEC.DIR. ROMEO B. DORADO
Secretary
REP. ABRAHAM KAHLIL B. MITRA
PCSD Chairman