Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
Puerto Princesa City, Palawan
PCSD RESOLUTION NO. 07-345
“A RESOLUTION APPROPRIATING THE SPECIAL TRUST FUND AND AUTHORIZING THE PCSDS EXECUTIVE DIRECTOR TO DISBURSE THE SAME IN ACCORDANCE WITH THE APPROVED WORK AND FINANCIAL PLAN “
WHEREAS, in 1992, Republic Act No. 7611 was passed adopting the Strategic Environmental Plan (SEP) for Palawan Act and creating the Palawan Council for Sustainable Development (PCSD) as the administrative machinery for SEP’s governance, policy direction and implementation;
WHEREAS, the PCSD is vested with the power to promulgate the rules and regulations governing the exploration, development, conservation extraction, disposition, use of natural resources and such other commercial activities related thereto in the province of Palawan;
WHEREAS, on April 8, 2001, Republic Act No. 9072, otherwise known as the Caves and Cave Resources Management and Protection Act, was passed into law to carry out the declared policy of the State to “conserve, protect and manage caves and cave resources as part of the country’s natural wealth;
WHEREAS, Section 4 of the said Act provides that the PCSD shall be the lead implementing agency in the Province of Palawan pursuant to Republic Act No. 7611 or the Strategic Environmental Plan for Palawan;
WHEREAS, on July 3, 2001, Republic Act No. 9147, otherwise known as the Wildlife Resources Conservation and Protection Act, was passed into law to carry out the declared policy of the State to “conserve the country’s wildlife resources and their habitats for sustainability”;
WHEREAS, Section 4 of R.A. 9147 provides that the PCSD shall be the lead implementing agency in the Province of Palawan pursuant to Republic Act No. 7611 or the Strategic Environmental Plan for Palawan;
WHEREAS, Section 29 thereof established a Wildlife Management Fund as a special account in the National Treasury which shall finance rehabilitation or restoration of habitats affected by acts in violation of RA 9147 and support scientific research, enforcement and monitoring activities, as well as enhancement of capabilities of relevant agencies;
WHEREAS, the Joint DENR-DA-PCSD Administrative Order No. 01, otherwise known as the Implementing Rules and Regulations (IRR) of Republic Act 9147, was promulgated to prescribe the procedures and guidelines for the implementation of the Wildlife Resources Conservation and Protection Act;
WHEREAS, Rule 29.1 thereof provides that a Wildlife Management Fund shall each be established by the DENR, the DA and the PCSD;
WHEREAS, pursuant to the abovementioned law, order and rule, a separate PCSD Wildlife Management Trust Fund was created for fees to be derived from the registration of wildlife resources under Section 26, RA 9147 and other incomes from the implementation of Wildlife Act;
WHEREAS, on November 7, 2002, Republic Act No. 9175, otherwise known as the Chainsaw Act of 2002, was passed into law to carry out the declared policy of the State to conserve, develop and protect the forest resources under the sustainable forest management by pursuing an aggressive forest protection program geared towards eliminating illegal logging and other forms of forest destruction which are being facilitated with the use of chainsaws;
WHEREAS, Section 9 of R.A. 9175 provides that the PCSD shall be the lead implementing agency thereof in the Province of Palawan pursuant to Republic Act No.7611 or the Strategic Environmental Plan for Palawan;
WHEREAS, despite the additional duties and functions which the PCSD and its Staff are performing in the implementation of the above stated laws, no additional budgetary allocation has been provided, however, as implementing agency the PCSD is authorized to collect fees in the implementation of these Acts;
WHEREAS, through Resolution 03-221, the PCSD created a special trust fund where all the monies collected from the implementation of the above laws are deposited and further stated therein that the same shall be utilized for the purpose of achieving the policy objectives for which these laws were enacted;
WHEREAS, the PCSD requires that all projects or undertakings in the province of Palawan should secure SEP clearance from the PCSD prior to implementation and for violation of this requirement the PCSD imposes a fine in the amount of not less than Fifty Thousand Pesos (P50,000.00);
WHEREAS, existing government accounting and auditing procedures require that the amount collected pursuant to the aforementioned Administrative Order shall be deposited with any accredited government depository bank;
WHEREAS, the PCSDS was authorized to implement the collection of fees under PCSD Administrative Order No. 99-02 and 99-03 and to open a Trust Fund account with Land Bank of the Philippines (LBP) for the management of funds collected therefrom.
WHEREAS, the total collection derived from fees, fines and penalties in the implementation of all of the above-mentioned laws, rules and regulations which has been deposited at LBP-Puerto Princesa Branch amounted to P1, 577, 073.00 as of December 7, 2007;
WHEREAS, in the Municipality of Taytay and El Nido, the PCSD has entered into a Memorandum of Agreement for the implementation of RA 9072 or the Caves Act, for which the amount of P1,020,000.00 and P136,000.00, respectively, were likewise deposited in a trust fund account for the conservation and protection of caves in the aforesaid municipalities;
WHEREFORE, upon motion duly seconded, the Council resolves, as it is hereby resolved, to appropriate the special trust fund and utilize the same for the purposes for which they were created and for such other needs as are necessary in the implementation of the above mentioned laws, rules and regulations;
RESOLVED FURTHER, that the PCSDS Executive Director be authorized, as hereby Director Romeo B. Dorado is so authorized, to withdraw the said trust fund from the special trust fund account with LBP and the concerned Municipalities and disburse the same in accordance with the attached work and financial plan;
RESOLVED FINALLY, that copy of this resolution be furnished the LBP Puerto Princesa Branch, the Municipalities of Taytay and El Nido and other concerned entities for their information and guidance.
ADOPTED AND APPROVED this 14th day of December 2007 at Puerto Princesa City.
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I hereby certify that the above-quoted resolution has been duly adopted and approved by the PCSD on the 14th day of December 2007 at Puerto Princesa City.
|ROMEO B. DORADO
GOV.MARIO JOEL T. REYES