Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
Puerto Princesa City, Palawan
PCSD RESOLUTION NO. 05-246
“A RESOLUTION AUTHORIZING THE PCSDS TO RELEASE THE PERFORMANCE BOND IN THE AMOUNT OF FIFTY THOUSAND PESOS (P50,000) POSTED BY THE STAR IMMORIGUE SWIFTLET NEST GATHERERS ASSOCIATION AND DESIGNATING MR. NICASIO M. VILLENA AND DIRECTOR JOSEPHINE S. MATULAC AS AUTHORIZED SIGNATORIES IN THE WITHDRAWAL OF THE SUBJECT AMOUNT FROM THE LAND BANK OF THE PHILIPPINES-PUERTO PRINCESA CITY BRANCH”
WHEREAS, on April 8, 2001 Republic Act No. 9072, otherwise known as the “National Caves and Cave Resources Management and Protection Act” was approved to carry out the national policy of conserving, protecting and managing the caves and caves resources as part of the country’s natural wealth;
WHEREAS, Section 4 thereof provides that the Department of Environment and Natural Resources (DENR) shall be the lead agency tasked to implement the provisions of the Act, except that in the Province of Palawan, the Palawan Council for Sustainable Development (PCSD) shall be the lead implementing agency pursuant to Republic Act No. 7611 or the Strategic Environmental Plan (SEP) for Palawan Act;
WHEREAS, pursuant to Section 4, the PCSD has issued Administrative Order No. 03-8, providing for the rules and regulations in implementing Republic Act No. 9072 in the Province of Palawan and subsequently Administrative Order No. 03-8A, providing for the guidelines in the issuance of permit to gather edible bird’s nests;
WHEREAS, on February 2004, the PCSD issued a permit to gather edible bird’s nest to the Star-Immorigue Swiftlet Nest Gatherers Association for which a bond amounting to fifty thousand pesos (Php 50,0000) was posted as required under Section 7 of PCSD Administrative Order No. 08-A;
WHEREAS, the PCSDS deposited the abovementioned amount with the Land Bank of the Philippines Puerto Princesa City Branch pursuant to PCSD Resolution No. 03-221, a resolution opening a trust fund for the collection and disbursement of funds collected from the implementation of the National Caves and Cave Resources Management and Protection Act;
WHEREAS, the permit issued to Star-Immorigue Swiftlet Nest Gatherers Association for the collection of edible bird’s nest expired on December 31, 2004;
WHEREAS, in January 2005, an evaluation of the area of operation was conducted by the PCSDS, in coordination with the LGU representative, the report from which showed that no harm was done to the birds and the nests by following the terms and conditions set by the PCSDS, thereby clearing the permittee from any liability arising out of the activity and further recommended that the performance bond be released to the latter;
WHEREAS, PCSD Resolution No. 03-221 did not designate any signatory in case of withdrawal from the fund, hence, the subject performance bond could not be withdrawn;
WHEREFORE, for and in consideration of the foregoing premises and on motion duly seconded, the Council resolves, as it is hereby RESOLVED, to authorize, as the PCSDS is hereby authorized, to release the performance bond in the amount of fifty thousand pesos (P50,000) posted by the Star Immorigue Swiftlet Nest Gatherers Association, and to designate, as hereby Mr. Nicasio M. Villena and Director Josephine S. Matulac are designated as the authorized signatories in the withdrawal of the amount from the Land Bank of the Philippines Puerto Princesa City Branch.
RESOLVED further, that the Land Bank of the Philippines and the Star Immorigue Swiftlet Nest Gatherers Association be furnished copies of this Resolution for their information and guidance.
APPROVED and ADOPTED this 24th day of February, 2004 in Quezon City.
I hereby certify to the correctness and accuracy of the foregoing resolution.
NELSON P. DEVANADERA
|APPROVED FOR THE COUNCIL:
ABRAHAM KAHLIL B. MITRA