QuestionsQuestions (ADMINISTRATIVE ORDER NO. 03, S. 2018)
It is issued pursuant to Section 7 of RA 8048 and Section 8 of RA 10593. It prescribes procedures and guidelines for effective implementation of RA 8048, as amended, to facilitate compliance and achieve the Act’s objectives—particularly regulating cutting and promoting sustainable replanting.
Cutting without a valid Permit to Cut (PTC) issued by the authority, including circumvention such as uprooting or felling, poisoning, severe pruning, burning, and similar acts that lead to the tree’s destruction or death.
Senescent trees; no longer economically productive trees; severely diseased/pest-infested and beyond rehabilitation; severely damaged by typhoon or lightning; conversion of coconut production land into residential/commercial/industrial areas; conversion into other agricultural uses or related activities approved by proper authorities (subject to PCA verification requirements); and trees posing hazard to life and property. The IRR states no other grounds may be considered.
(1) Valid application filed with payment of required non-refundable processing fees upon filing/acceptance; (2) planting of required equivalent number of seedlings prior to application (certified by Barangay Chairman and verified/attested by PCA Agriculturist) for cases not involving land-use conversion; (3) for conversion cases, payment of a replacement fee of PhP100 per tree; and (4) issuance of the valid PTC by the proper PCA authority.
Instead of replanting, the applicant pays PCA PhP50.00 per tree applied for cutting (equivalent to five (5) seed nuts). PCA uses this amount in its replanting program.
Economically unproductive if the cost of production exceeds proceeds for at least three (3) years. For “no longer productive” coconut trees: (i) senescent condition and no substantial improvement in nut-bearing capacity beyond 18 nuts/tree/year for the last three years; or (ii) due to land unsuitability (e.g., severe drought/El Niño as declared by PAGASA and other geographic/topographic/drainage conditions), the yield is 18 nuts or less per year despite sound management practices.
PCA Agriculturist must certify that: (1) he verified the tree is severely diseased/infested; (2) it is beyond rehabilitation through preventive measures (e.g., chemicals/nutrient support); and (3) the infestation is such it will spread to other trees or farms.
Yes. Applications for cutting trees that by nature require quarantine and may not be processed/sold/transported/transshipped are exempt from payment of permit to cut, replacement, and processing fees. Diseased coconut trees 30 years old and below that may not be processed into lumber are similarly exempt and quarantined. Quarantined trees must be disposed of through burying or other environmentally sound means.
Applications must follow DAR Administrative Order No. 01, s. 2002 and the DA certification guidelines for land use reclassification (DA AO No. 01, s. 2017). PCA conducts inspection to determine the condition of coconut trees and submits certification to DA. The applicant pays PCA filing and inspection fees per land title basis. Cutting still requires a PTC once the conversion order is issued, and if cutting occurred before approval, the applicant faces increased assessments (five times PTC fees or three times inspection fee, whichever higher).
PCA Agriculturist/ NCR officer posts the application in the barangay hall and the application site/area for seven (7) days and issues a Certificate of Posting (part of the application). Expenses for posting are borne by the applicant. A copy of the certificate is given to a representative of a PCA-accredited farmers organization.
Protest must be filed within five (5) days from receipt and posting of evaluation report/findings. Filing suspends issuance of the PTC. The Division Chief/Regional Manager must notify parties, hear, and resolve within fifteen (15) days; proceedings are not bound by technical rules of procedure and evidence.
Within ten (10) days from receipt of the resolution, the affected party may appeal to the Regional Manager or the Office of the Administrator for NCR. The NCR appeal resolution must be issued within thirty (30) days from receipt and is final and executory for permit purposes.
PTC validity: 1–20 trees: 2 days; 21–50: 3 days; 51–100: 5 days; additional one (1) day validity for every 100 trees beyond 100. The specific effectivity date must be stated with no extension for the approved number of trees.
PCA Agriculturist issues certification that trees to be cut are properly identified and marked. Marking must be on the ground most base of the tree using red or white paint.
Newly cut logs/lumber transported with a duly issued PTC but with no TP are confiscated pursuant to Section 7 of RA 10593 and deposited at the nearest barangay hall or police outpost.
They may investigate suspected violations, arrest/apprehend offenders, arrest/apprehend persons possessing coconut lumber without necessary permits, search and seize moving vehicles with illegally cut coconut lumber upon probable cause, stop transport/shipment without authority or required documents, and confiscate/forfeit illegally cut timber and tools.
Power saws/chainsaws intended for cutting must be accepted for registration with PCA only if already registered with DENR under RA 9175, and renewed by December each year. If registered with DENR but not PCA and used in cutting coconut trees under a valid PTC, they can be confiscated and released only upon registration and payment (PhP15,000 for first offense; forfeiture for second offense).
It adopts the penalties under Section 9 of RA 10593: imprisonment of not less than two (2) years but not more than six (6) years, or a fine of not less than PhP100,000.00 (and provisions regarding corporate offenders, government service offenders, and barangay captain liability if replanting was not done).