Policy and Prohibition on Cutting
- Section 4 of Republic Act No. 8048, as amended by Section 1 of Republic Act No. 10593, requires that no coconut tree shall be cut except in specified cases and only after a permit has been issued.
- Section 4(a) allows cutting only when the tree is sixty (60) years old for tall varieties or at least forty (40) years old for dwarf varieties.
- Section 4(b) allows cutting only when the tree is no longer economically productive.
- Section 4(c) allows cutting only when the tree is severely disease-infested and beyond rehabilitation.
- Section 4(d) allows cutting only when the tree is severely damaged by typhoon or lightning.
- Section 4(e) allows cutting only when the agricultural land devoted to coconut production is converted in accordance with law into residential, commercial or industrial areas.
- Section 4(f) allows cutting only when the land devoted to coconut production is converted into other agricultural uses or other agriculture-related activities, pursuant to a conversion duly applied for by the owner and approved by the proper authorities; however, no conversion is allowed by the PCA until verification and certification show:
- for at least three (3) years, the majority of the coconut trees have become senescent and economically unproductive, or
- where the coconut farm is not adaptable to sound management practices due to geographical location, topography, drainage and other conditions rendering the farm economically unproductive.
- Section 4(g) allows cutting only when the tree would cause hazard to life and property.
- Section 4 prohibits considering any other causes as valid grounds for cutting besides those enumerated.
Permit Requirements and Replanting Conditions
- Section 5 of Republic Act No. 8048, as amended by Section 2 of Republic Act No. 10593, provides that no coconut tree or trees shall be cut unless a permit has been issued by the PCA.
- Permit issuance is conditioned on a due application and issuance by the PCA pursuant to Section 6 of Republic Act No. 8048 (as amended and renumbered in the law’s structure).
- The applicant must pay an application fee of One hundred pesos (P100.00) for every tree intended to be cut, payable to the PCA.
- Section 5 allocates the fee as follows:
- Forty pesos (P40.00) for the PCA,
- Forty pesos (P40.00) for the municipal government concerned, and
- Twenty pesos (P20.00) for the barangay unit concerned.
- The PCA share must be used for the replanting program, while the municipal/city share must be used for the repair and rehabilitation of roads of the respective local government units damaged by the continuous passage of heavy vehicles used for transporting coconut lumber.
- All fees collected must be deposited with the nearest Land Bank of the Philippines branch or other government depository banks.
- Fees accruing to the local government unit must be remitted within three (3) months in accordance with COA rules and regulations.
- No permit to cut is granted unless the applicant has secured from the barangay captain of the locality where the cutting will be done a certification under oath that the applicant has already planted the equivalent number of coconut trees applied for to be cut.
- The replanting requirement does not apply to areas converted into:
- industrial, commercial or residential sites, or
- land transformed in accordance with law into other agricultural purposes.
- The PCA, in coordination with the concerned local government unit, must verify whether replanting was implemented and must regulate and oversee fertilization and care of newly planted coconut trees through on-the-spot inspections conducted from time to time.
- The law authorizes the PCA to oversee the post-permit replanting compliance process as part of implementing the permit and replenishment requirements.
PCA’s Police Powers for Enforcement
- Section 7 (inserted by Section 3 of Republic Act No. 10593) vests the Philippine Coconut Authority (PCA) with authority to exercise duly delegated police powers for proper performance of its functions and duties.
- The PCA may:
- (a) investigate suspected violations of this Act,
- (b) arrest and apprehend any person actually committing or attempting to commit an offense under the Act,
- (c) arrest and apprehend a possessor of coconut lumber without the necessary permit,
- (d) search and seize a moving vehicle carrying illegally cut, gathered, collected or removed coconut lumber, subject to a requirement that probable cause for the search is established,
- (e) stop the transport and/or shipment of coconut lumber without authority or without legal documents in accordance with pertinent laws, regulations, or policies,
- (f) confiscate and forfeit in favor of the government illegally cut, gathered, collected, removed, possessed or abandoned coconut lumber, and also confiscate and forfeit the machinery, equipment, implements and tools illegally used, and dispose of them in accordance with pertinent laws, regulations or policies, and
- (g) seek assistance of other law enforcement agencies for efficient and effective implementation of the Act.
Implementing Authority and Compliance Monitoring
- Section 8 of Republic Act No. 8048, as amended by Section 4 of Republic Act No. 10593, names the Philippine Coconut Authority (PCA) as the lead agency to implement the Act.
- The PCA must prescribe the necessary rules and regulations for the immediate and effective implementation of the Act.
- The PCA may request assistance of any local government unit to monitor and ensure compliance, including compliance with implementing rules and regulations.
- The PCA may deputize the Philippine National Police or other law enforcement agencies to investigate and apprehend those caught violating the Act, including the confiscation of illegally cut coconut trees.
- The PCA must order the immediate disposition of confiscated coconut lumber to prevent wastage, in a manner determined by the PCA.
- In coordination with the concerned local government unit, the PCA must require the registration of:
- all sawmills,
- lumberyards,
- coconut wood dealers, and
- other persons or entities dealing in the processing and sawing of coconut trees.
Criminal Penalties and Officer Liability
- Section 9 of Republic Act No. 8048, as amended by Section 5 of Republic Act No. 10593, imposes penalties for violations of the Act or its rules and regulations issued pursuant to it.
- Upon conviction, a violator is punished by imprisonment of not less than two (2) years but not more than six (6) years, or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court.
- If the offender is a corporation or juridical entity, the official who ordered, or allowed the commission of the offense is punished with the same penalty.
- If the offender is in the government service, the offender must be dismissed from office in addition to the applicable penalty.
- If the barangay captain issued the certification under oath and no replanting was done, the barangay captain is penalized upon conviction with:
- imprisonment of not less than three (3) years but not more than seven (7) years, and
- a fine of not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00).
- A barangay captain found liable under the no-replanting verification is perpetually disqualified from holding any other public office.
Renumbering, Separability, Repeal, and Effect
- The law renumbers the succeeding sections of Republic Act No. 8048 accordingly after the insertion and amendment of specific sections.
- Section 7 contains a separability clause: if any provision or part is held invalid or unconstitutional, the remainder remains valid and subsisting.
- Section 8 contains a repealing clause: all laws, issuances, or parts inconsistent with Republic Act No. 10593 are repealed or modified accordingly.
- Republic Act No. 10593 consolidates Senate Bill No. 3366 and House Bill No. 6131 and was passed by the Senate on January 28, 2013 and by the House of Representatives on January 30, 2013.