Question & AnswerQ&A (PHILCOA ADMINISTRATIVE ORDER NO. 01, S. 2013)
The Revised Implementing Rules and Regulations shall be cited 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 recognizes the role of the coconut industry in the economy and the need to regulate the unabated and indiscriminate cutting of coconut trees to promote sustainable growth of the industry and protect farmers' benefits.
A Coconut Tree refers to a pinnate-leaved palm (Cocos nucifera) producing edible coconuts, including newly planted or replanted trees at least three years old, whether or not bearing fruits.
Cutting of coconut trees is generally prohibited except under specific valid grounds such as the tree being senescent or economically unproductive, severely disease- or pest-infested, damaged by natural calamities, land conversion approved by authorities, or when the tree poses a hazard to life and property.
Applicants must have a valid ground for cutting, filed an application with payment of applicable fees, planted an equivalent number of seedlings or paid a replacement fee, and secured a valid Permit to Cut issued by authorized PCA officials.
Landowners or their authorized representatives, co-owners with board resolution, corporate representatives with board resolution, tenants, workers or farmers with owners' consent, and barangay captains or adjacent landowners affected by hazardous trees may apply.
The Certificate of Field Planting, issued by the Barangay Chairman and verified by the PCA Agriculturist, certifies that the applicant has planted the required number of coconut seedlings to replace the trees applied for cutting as part of the replanting program.
Penalties include administrative and criminal charges, imprisonment, fines, and forfeiture of illegally cut coconut trees, logs or lumber, and the instruments or tools employed in the offense in favor of the government.
The PCA Administrator, Task Force Chairperson, Regional Managers, Division Chiefs, Agriculturists, and other designated PCA personnel have police powers to investigate, apprehend violators, stop transport, confiscate illegal lumber, and collaborate with other law enforcement agencies.
Any adversely affected party may file a written protest with the PCA Regional Manager within five days of receiving the report. The Regional Manager shall hear and resolve the protest within thirty days. Appeals may be taken to the Office of the Administrator within ten days from the resolution's receipt.