Question & AnswerQ&A (DPWH DEPARTMENT ORDER NO. 37, S. 2010)
The rules and regulations are titled as the Revised Implementing Rules and Regulations of Republic Act 8048, otherwise known as the Coconut Preservation Act of 1995, as amended by Republic Act 10593.
The State declares a policy to regulate the cutting of coconut trees and promote the growth of the coconut industry through sustainable and efficient replanting programs, recognizing the coconut industry's significant role in the economy.
A coconut tree refers to Cocos nucifera, a pinnate-leaved palm that produces edible coconuts, including newly planted or replanted young trees at least three (3) years old, whether or not bearing fruits.
Cutting is allowed only if the tree is senescent, economically unproductive, severely disease-infected/pest-infested beyond rehabilitation, severely damaged by typhoon or lightning, if the land is legally converted to residential, commercial, industrial uses or other agriculture-related activities, or if the tree causes hazard to life or property.
The landowner or authorized representative, controlling majority of co-owners, authorized corporate representatives, tenant, worker, tiller, farmer with owner's consent, and Barangay Captain or owner of endangered land adjacent to coconut trees may apply for a permit.
For 6 to 50 trees, the processing fee is PhP 200.00 plus a filing fee of PhP 100.00 per tree; for 10 trees, it falls under this category.
Penalties include imprisonment of 2 to 6 years, fines from PhP 100,000.00 up to the court's discretion, dismissal from government service if the offender is a government employee, forfeiture of the illegally cut trees, and additional penalties for officials who fail to perform replanting supervision.
PCA officials have police powers to investigate violations, arrest offenders, search and seize vehicles with illegally cut coconut lumber, stop transportation without permits, confiscate illegally cut trees, and seek assistance from law enforcement agencies.
Transportation requires a valid Transport Permit (TP) issued by the PCA Provincial Office, which must accompany the original Permit to Cut. Fees computed at 30 centavos per board foot apply, and the TP specifies validity, origin, destination, mode of transport, and volume.