Executive Order No. 857, January 29, 2010

AUTHORIZING THE NATIONAL FOOD AUTHORITY TO INTERVENE IN THE STABILIZATION OF THE SUPPLY AND PRICE OF SUGAR

WHEREAS, the government is committed to pursue a policy of food security, especially for the benefit of the less fortunate, disadvantaged and marginalized sectors of the country;

WHEREAS, the current tight economic situation, aggravated by the destructive effects of typhoons that hit the country, has significantly lessened the underprivileged sectors access to basic food;

WHEREAS, there is a need to address the basic needs of the less fortunate sectors, especially those in the depressed areas, to assure their continuous access to basic food times;

WHEREAS, under Section 3 of Executive Order No. 1028, Series of 1985, “the President may, for stabilization purposes, authorize the intervention by the appropriate government entities in the trading of other food items if so warranted by conditions as may exist from time to time”;

WHEREAS, the National Food Authority (NFA), considering their capability and experience in the marketing of grains and non-grain commodities, is the most appropriate government agency to intervene in the stabilization of basic food items;

WHEREAS, in times of national emergency or calamity, the welfare of the people becomes the supreme law.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. Intervention by the National Food Authority – The National Food Authority (NFA) is hereby authorized to include in its commodity coverage sugar to stabilize the countrys supply and prices.

Section 2. Funding – For this purpose, the NFA, through its respective boards or council is authorized to use its corporate funds, manpower and other facilities, government-guaranteed credit lines and supplemental government support, as it may deem necessary.

Section 3. Nature of Funds – All disbursements as well as administrative and operational expenses incurred by virtue hereof shall be treated as NFAs regular operating expense account subject to the usual accounting and auditing rules and regulations.

Section 4. Tax Expenditure Subsidy Scheme – The private sector and the NFA shall import sugar using the Tax Expenditure Subsidy Scheme of the NFA.

Section 5. Service Fee – The NFA shall be authorized to collect a Service Fee (SF) for the private sectors importation of sugar.

Section 6. Inter-Agency Support – All agencies of the National Government, particularly but not limited to, the Department of Trade and Industry (DTI), Department of Finance (DOF), Department of Budget and Management (DBM), Department of Justice (DOJ), and the Office of the Government Corporate Counsel (OGCC), are enjoined to extend full support to the Department of Agriculture/NFA for the implementation of the herein Executive Order.

Section 7. Volume of Importation – The Secretary of Agriculture and the Secretary of Trade and Industry are hereby authorized to determine the reasonable volume of sugar that will be imported within the purview of this Executive Order.

Section 8. Effectivity – This Executive Order shall take effect immediately and shall remain valid until 31 December 2010.

Done in the City of Manila, this 29th day of January, in the year of Our Lord, Two Thousand and Ten.

(Sgd.) GLORIA MACAPAGAL-ARROYO

President of the Philippines

By the President:

(Sgd.) EDUARDO R. ERMITA

Executive Secretary