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    Asso - of Phil. Coconut Desiccators V PCA II.4

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    Armen Magbitang
    PCA was created to regulate the coconut industry and issue licenses to coconut processors. However, PCA issued a resolution deregulating the establishment of new coconut processing plants to promote free enterprise. This led to cut-throat competition and decline in the industry. The APCD petitioned to compel PCA to revoke the resolution, arguing that PCA contradicted its purpose of regulating the industry. The Court ruled in favor of the APCD, finding that while free enterprise is a policy, the Constitution allows government intervention to promote public welfare, such as regulating the coconut industry.

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    Asso - of Phil. Coconut Desiccators V PCA II.4

    Uploaded by

    Armen Magbitang
    28 views1 page
    PCA was created to regulate the coconut industry and issue licenses to coconut processors. However, PCA issued a resolution deregulating the establishment of new coconut processing plants to promote free enterprise. This led to cut-throat competition and decline in the industry. The APCD petitioned to compel PCA to revoke the resolution, arguing that PCA contradicted its purpose of regulating the industry. The Court ruled in favor of the APCD, finding that while free enterprise is a policy, the Constitution allows government intervention to promote public welfare, such as regulating the coconut industry.

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    Desiccators v PCA

    Original Title

    Asso.of Phil. Coconut Desiccators v PCA II.4

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    PCA was created to regulate the coconut industry and issue licenses to coconut processors. However, PCA issued a resolution deregulating the establishment of new coconut processing plants to promote free enterprise. This led to cut-throat competition and decline in the industry. The APCD petitioned to compel PCA to revoke the resolution, arguing that PCA contradicted its purpose of regulating the industry. The Court ruled in favor of the APCD, finding that while free enterprise is a policy, the Constitution allows government intervention to promote public welfare, such as regulating the coconut industry.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    28 views1 page

    Asso - of Phil. Coconut Desiccators V PCA II.4

    Uploaded by

    Armen Magbitang
    PCA was created to regulate the coconut industry and issue licenses to coconut processors. However, PCA issued a resolution deregulating the establishment of new coconut processing plants to promote free enterprise. This led to cut-throat competition and decline in the industry. The APCD petitioned to compel PCA to revoke the resolution, arguing that PCA contradicted its purpose of regulating the industry. The Court ruled in favor of the APCD, finding that while free enterprise is a policy, the Constitution allows government intervention to promote public welfare, such as regulating the coconut industry.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Prepared by: Emmanuel E Chung Jr.

    LLB4101
    I.

    CASE:

    G.R. No. 110526 February 10, 1998, ASSO. OF PHIL. COCONUT DESICCATORS V
    PHILIPPINE COCONUT AUTHORITY
    II.

    FACTS

    PCA was created by PD 232 as independent public corporation to promote the rapid integrated
    development and growth of the coconut and other palm oil industry in all its aspects and to
    ensure that coconut farmers become direct participants in, and beneficiaries of, such
    development and growth through a regulatory scheme set up by law. PCA is also in charge of the
    issuing of licenses to would-be coconut plant operators. On 24 March 1993, however, PCA
    issued Board Resolution No. 018-93 which no longer require those wishing to engage in coconut
    processing to apply for licenses as a condition for engaging in such business. The purpose of
    which is to promote free enterprise unhampered by protective regulations and unnecessary
    bureaucratic red tapes but this caused cut-throat competition among operators specifically in
    congested areas, underselling, smuggling, and the decline of coconut-based commodities. The
    APCD then filed a petition for mandamus to compel PCA to revoke BR No. 018-93.
    III.

    ISSUES

    Whether or not PCA ran in conflict against the very nature of its creation.
    IV.

    LAWS:

    RESOLUTION NO. 018-93 (POLICY DECLARATION DEREGULATING


    ESTABLISHMENT OF NEW COCONUT PROCESSING PLANTS)
    V.

    THE

    RULING OF THE COURT:

    Our Constitutions, beginning with the 1935 document, have repudiated laissez-faire as an
    economic principle. Although the present Constitution enshrines free enterprise as a policy, it
    nonetheless reserves to the government the power to intervene whenever necessary to promote
    the general welfare. As such, free enterprise does not call for the removal of protective
    regulations for the benefit of the general public. This is so because under Art 12, Sec 6 and 9, it
    is very clear that the government reserves the power to intervene whenever necessary to promote
    the general welfare and when the public interest so requires.
    VI.

    CONCLUSION

    The petition is GRANTED.

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