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Rule I
Preliminary Provisions

Section 1. Title. These Rules and Regulations shall be known as “The Rules and Regulations Implementing Executive Order No. 169, Series of 2014”.

Section 2. Lead Agency. The Philippine Coconut Authority (PCA) shall be the lead agency in the nationwide effort to control and contain the scale insect infestation in the country.

Section 3. Cooperation with Other Agencies. The PCA shall cooperate with the following agencies in the performance of its functions under Executive Order No. 169:

a. Office of the Presidential Assistant for Food Security and Agricultural Modernization (OPAFSAM);
b. Department of Agriculture (DA);
c. Department of Science and Technology (DOST)
d. Department of Interior and Local Government (DILG);
e. University of the Philippines at Los Baños (UPLB);
f. National Crop Protection Center (NCPC);
g. Bureau of Plant Industry (BPI); and
h. Appropriate Local Government Units (LGUs).

Section 4. Powers and Functions of the Lead Agency. The PCA shall, in cooperation with the agencies identified in Section 3, Rule I hereof, shall have the power:

a. To formulate and prescribe the necessary and appropriate emergency measures and methodologies in the treatment of coconut trees and other host plants, which may include mechanical, chemical, and biological measures;
b. To declare areas infested by coconut scale insect, Aspidiotus rigidus, under quarantine;
c. To establish checkpoints and quarantine stations to prevent the transportation of unprocessed or untreated parts of coconuts, coconut seedlings and other host or vector plants from quarantined areas;
d. To grant Permits to Transport for the shipment or movement of coconut planting materials from and to any points of the country; and
e. To exercise such other powers as may be necessary and proper for the effective enforcement of this Order in accordance with Presidential Decree 1468, The Revised Coconut Industry Code.

Section 5. Role of Cooperating Agencies. (a) The BPI may deputize personnel of the PCA, the Philippine National Police (PNP), and other law enforcement offices to investigate and apprehend those caught violating the emergency and quarantine measures, including the confiscation of unprocessed/untreated parts of coconut, coco seedlings and seednuts, and other host/vector plants.
(b) Appropriate LGUs shall assist in the implementation of emergency control and eradication measures by contributing logistical and manpower resources including the recruitment of volunteers barangay level scale insect control action team and helping in the massive dissemination campaign in their locality.

Rule II
Prohibited Acts

Section 1. Prohibited Acts. Unless supported by a Permit to Transport duly issued by the PCA, no coconut leaves/fronds, young coconut and other raw or unprocessed/untreated coconut products, coco seedlings, and seedlings of insect host plants shall be transported outside of barangays, municipalities or provinces declared under quarantine due to scale insect infestation.

Rule III
Inspection of Coconut Farms

Section 1. Authority to Inspect Coconut Farms. All coconut farms shall be inspected for possible or potential insect infestation subject to prior coordination and approval of the landowner or his authorized representative. However, in cases where there are absentee owners or there is no authorized representative present to allow entry to the farm for inspection, a written request and approval shall be made by PCA with the local barangay officials to warrant entry to the farm and to treat infested trees under the supervision of the barangay officials. In no case shall the PCA Deputized Quarantine Officer shall forcibly enter any coconut farm.

A written report of the inspection as well as the treatment of trees shall be made to the Office of the PCA Administrator.

Rule IV
ISSUANCE OF PERMIT TO TRANSPORT

Section 1. General Guidelines. These following guidelines shall govern the issuance of Permit to Transport of fresh “buko” intended for commercial purposes and coconut seedlings:

a. Commercial traders/transporters of fresh “buko,” and growers/traders of coconut seedlings shall request for an inspection from the Deputized Plant Quarantine Inspectors (DPQI) at least two (2) days before transport of fresh “buko” or coconut seedlings. Onsite inspection (from the source) shall be done for fresh “buko” and coconut seedlings before transport.
b. The DPQI will then conduct onsite inspection. Cleaning and/or treatment when necessary, will be done by the owners/transporters or growers/traders of coconut seedlings with the supervision of the DPQI.
c. All transporters must apply for Domestic Permit to Transport (PCA “Q” Form No. 1) from any of the deputized personnel of the PCA.
d. In cases of commercial transporters/trader of fresh “buko,” a filled-up application form (PCA ”Q” Form No. 1-A) for domestic permit to transport shall be filed together with the PCA Certificate of Registration as a “Buko” Trader with the issuing office. Those without Certificate of Registration as Buko Trader shall not be issued a Permit to Transport.
e. In cases of transport of coconut seedlings, a filled-up application for Permit to Transport (PCA “Q” Form No. 1-A) together with the PCA Certificate of Registration as Coconut Grower or as a PCA Accredited Nursery Operator shall be filed to the nearest issuing office. Non-PCA accredited nurseries shall not be issued a Permit to Transport.
f. The Pre-numbered Domestic Permit to Transport shall be accomplished in three copies. The original copy and a duplicate copy shall be given to the owner/transporter. The original copy shall be submitted by the owner/transporter to the DPQI at the checkpoint. The third copy shall be filed with the issuing office.
g. Domestic Permit to Transport shall be issued exclusively by deputized PCA personnel occupying permanent plantilla (regular) position at the Philippine Coconut Authority provincial office. The PCA may allow for practical purposes, the deputized personnel of the DA Regional Field Office (DA RFO), Plant Quarantine Service (PQS) or the Municipal Agricultural Office (MAO) to issue permit to transport.
h. Domestic Permit to Transport shall be valid only for five (5) days from date of issuance.
i. Domestic Permit to Transport shall be used for one time transaction and/or purpose and shall be marked “PASSED” upon inspection by the DPQI.
j. The PCA Central Office shall ensure the printing, issuance and delivery of pre-numbered Permit to Transport to its provincial office.
k. “No Domestic Permit, No Transport” Policy shall apply for all prohibited commodities, including fresh “buko” and coconut seedlings.

Rule V
CHECKPOINTS PROTOCOL

Section 1. General Guidelines. The following guidelines shall govern the establishment and manning of CSI checkpoints:

a. All CSI Checkpoints must be clearly identified as CSI Plant Quarantine checkpoints. Billboards/posters stating the specific quarantined pests being controlled must be prominently displayed.
b. CSI checkpoints must be strategically positioned in places where flow of people and vehicles is most concentrated. It must be conspicuous and welllighted at night time.
c. Road blocks must be placed in such a way that vehicles can slow down for easier inspection and traffic jam can be avoided.
d. The DPQI shall wear their IDs at all times. They shall also have the copy of their Deputation Certificate and Special Quarantine Order (for CSl) with them.

Section 2. Inspection Protocol. The following protocols shall be observed in CSI Checkpoints.

A. Inspection of Young Coconut Fresh “Buko” at Checkpoint

a. Random inspection of vehicle which is presumed to be carrier of “buko” shall be conducted at the checkpoint.
b. If the vehicle carries “buko”, the Domestic Permit to Transport shall be presented to the DPQI for verification and recording purposes. The DPQI shall conduct visual inspection of the commodity and, if found to be free from scale insects, he shall sign and return to the transporter the duplicate copy of the Permit to Transport. The original copy shall be kept by the DPQI.
c. If the commodity is found to be infested with scale insects, even with the Permit to Transport, the materials shall be referred back to the issuing office for re-cleaning or on-site cleaning and/or treatment when necessary and issuance of permit.
d. If the commodity does not have a Permit to Transport or is accompanied by an expired Permit, the transport of the commodity shall not be allowed and the goods shall be confiscated pursuant to Section 7 of Executive Order No. 169, Series of 2014.
e. For non-commercial transport, any persons who are passing the checkpoint transporting “buko” may be allowed to pass through subject to rigid inspection and cleaning/appropriate treatment, if necessary.
f. Cleaning and/or treatment of the commodity shall be done at the owner’s expense with the supervision of the DPQI.

B. Inspection of Coconut Seedlings/Planting Materials at Checkpoint

a. Random inspection of vehicle which is presumed to be carrier of seedlings shall be conducted at the checkpoint.
b. For coconut seedlings under government projects or from PCA Accredited Nursery Operators transported for commercial purposes, the transporter shall present the Domestic Permit to Transport issued at the point of origin to the DPQI at the checkpoint for verification and recording purposes.
c. The DPQI shall conduct visual inspection of the commodity and, if found to be free from scale insects, he shall sign the duplicate copy of the Permit to Transport. The original copy shall be kept by the DPQI.
d. If the commodity is found to be infested with scale insects, even with the permit to transport, the materials shall be referred back to the issuing agency for re-cleaning or on-site cleaning and/or treatment when necessary and issuance of permit.
e. If the commodity is not accompanied by a Permit to Transport or an expired Domestic Permit is presented to the DPQI, the transport of the seedling shall not be allowed and the goods shall be confiscated pursuant to Section 7 of Executive Order No. 169, Series of 2014.

Rule VI
INTERCEPTION PROTOCOL

Section 1. The following guidelines shall govern the interception of prohibited materials:

a. The DPQI must explain the violation to the owner/carrier.
b. The carrier/owner shall be directed to return prohibited materials to its origin, otherwise the DPQI’s will confiscate and destroy said materials. If the owner/transporter agrees to the confiscation, he/she must sign the interception report (PCA “Q” Form No. 1-B).
c. If there is resistance on the part of the owner/transporter, the DPQI must diplomatically explain the violation again and show pertinent documents that will show proof of said violation.
d. When the owner or carrier still shows resistance, the DPQI must call for police assistance to apprehend the violator.

Rule VIII
DISPOSITION OF INTERCEPTED/ABANDONED COMMODITIES

Section 1. Proper Disposition. Commodities confiscated or abandoned shall be properly disposed of by burning or by burying the goods by the PCA DPQI.

Rule VIII
RECORDING AND REPORTING

Section 1. Reporting of Applications for Permit to Transport. The PCA shall provide the concerned PQS station with the bi-monthly documentary report of those who applied for a Permit to Transport following PCA “Q” Form No. 1-C.

Section 2. Reporting of Commodities Subjected to Treatment. The PCA DQPI shall provide the concerned PQS Station with the bi-monthly documentary report of commodities of transport that were subjected to treatment.

Section 3. Interception Report. The PCA DPQI at the checkpoint shall provide the concerned PQS Station with the bi-monthly Interception Report following PCA “Q” Form No. 1-D.

Section 4. Consolidation and Report to PCA Central Office. The respective Plant Quarantine Service (PQS) in Basilan, Batangas, Cavite Laguna and Quezon shall consolidate the submitted reports for further submission to the PCA Central Office.

Rule IX
VIOLATIONS AND PENALTIES

A. Grounds for Violations

• Transport Without Domestic Permit / Expired Permit
• Falsification of Domestic Permit to Transport
• Misdeclaration / Misrepresentation

B. Courses of Action

• Return to Origin
• Cleaning / Treatment, if necessary
• Outright Confiscation / Destroy the Commodity

C. Penalties

For Commercial Transport

• First Offense - confiscation of the illegally transported materials;
• Second Offense - confiscation of the illegally transported materials, and payment by the violator of a fine of One Thousand Pesos (PhP1,000.00); and
• Third and subsequent offenses - confiscation of the illegally transported materials, and payment by the violator of a fine of Five Thousand Pesos (PhP5,000.00).

The responsible PCA personnel found to have permitted, allowed or otherwise tolerated any violations of the provision of the emergency measures or its implementing rules or have connive or conspired with violators shall be proceeded with administratively.

Rule X
SUPPORT FUNDS FOR OPERATION

The PCA shall allocate funds to support the nationwide implementation of the emergency measures to control and manage the infestation of Aspidiotus rigidus.

Rule XI
SEPARABILITY

If any part or provision of this Order is held invalid or unconstitutional, the other parts or provisions not affected thereby shall remain valid and effective.

Rule XII
REPEALING CLAUSE

Section 1. All Administrative Orders, Memoranda, Circulars and other issuances inconsistent with these Rules and Regulations are hereby modified and repealed accordingly.

Rule XIII
EFFFECTIVITY

Section 1. These rules and regulations shall take effect five (5) days after its complete publication in a newspaper of general circulation.

Issued this 9^th day of June 2014 at Quezon City, Philippines.

(SGD) ROMULO N. ARANCON, JR.
Administrator

Adopted and confirmed by the PCA Governing Board pursuant to Resolution No. 072- 2014 on 11 July 2014