QuestionsQuestions (Republic Act No. 10593)
No coconut tree shall be cut unless it falls under specific exceptions provided in Section 4 and only after a permit has been issued by the Philippine Coconut Authority (PCA).
Tall varieties may be cut when sixty (60) years old; dwarf varieties when at least forty (40) years old.
(b) When the tree is no longer economically productive; (c) When the tree is severely disease-infested and beyond rehabilitation.
When the tree is severely damaged by typhoon or lightning.
Cutting is allowed when the agricultural land devoted to coconut production is converted in accordance with law into residential, commercial, or industrial areas, but still subject to the permit requirement.
No conversion shall be allowed by the PCA until it is verified and certified that for at least three (3) years the majority of coconut trees have become senescent and economically unproductive, or the farm is not adaptable to sound management practices due to factors like location, topography, and drainage making it economically unproductive.
Cutting is allowed when the tree would cause hazard to life and property.
It states that no other causes other than those listed in Section 4 shall be considered a valid ground for cutting.
The cutter must first secure a permit to cut from the PCA upon due application.
The fee is P100.00 for every tree intended to be cut; P40 accrues to PCA, P40 to the concerned municipal/city government, and P20 to the barangay unit.
No permit to cut shall be granted unless the applicant secures from the barangay captain a certification under oath that the applicant has already planted the equivalent number of coconut trees for the number applied for to be cut.
It does not apply to areas converted into industrial, commercial, or residential sites, or land transformed into other agricultural purposes in accordance with law.
PCA, in coordination with the local government unit, must verify replanting and regulate and oversee fertilization and care of newly planted trees, including conducting on-the-spot inspections.
Among others: investigate suspected violations; arrest and apprehend offenders/attempting offenders; arrest possessor of coconut lumber without permit; search and seize a moving vehicle with illegally cut lumber (with probable cause); stop transport/shipment without authority/legal documents; confiscate and forfeit illegally cut lumber and illegally used tools/machinery; and seek assistance of other law enforcement agencies.
Probable cause must be established for the search.
PCA is the lead agency. It may request local government assistance to monitor compliance and may deputize the PNP or other law enforcement agencies to investigate and apprehend violators, including confiscation of illegally cut coconut trees.
Imprisonment of not less than two (2) years but not more than six (6) years, or a fine of not less than P100,000 but not more than P500,000, or both, at the discretion of the court.
The official who ordered or allowed the commission of the offense shall be punished with the same penalty.
The barangay captain who issued the certification shall be penalized with imprisonment of not less than three (3) years but not more than seven (7) years and a fine of not less than P100,000 but not more than P1,000,000, and shall be perpetually disqualified from holding any other public office upon conviction.