Title
Supreme Court
Amendment to RA 8048 on Coconut Tree Cutting
Law
Republic Act No. 10593
Decision Date
May 29, 2013
The Amendments to the Coconut Preservation Act of 1995 outline regulations for cutting coconut trees, the replanting program, and enforcement, including the requirement of a permit, penalties for violations, and the establishment of the Philippine Coconut Authority as the lead agency responsible for implementation.

Law Summary

Permit to Cut Coconut Trees

  • No coconut tree may be cut without a permit issued by the Philippine Coconut Authority (PCA).
  • Application requires payment of fees: P100/tree split as P40 to PCA, P40 to municipal government, P20 to barangay.
  • PCA fees fund replanting; local government fees support road repair.
  • Fees must be deposited in government depository banks and remitted timely.
  • Permit requires certification from barangay captain that replanting equivalent number of trees has been done, except for converted lands.
  • PCA, with local governments, verifies replanting and regulates care of newly planted trees through inspections.

Police Powers of the Philippine Coconut Authority

  • PCA is empowered to exercise police powers:
    • Investigate violations of the Act.
    • Arrest those committing or attempting offenses under the Act.
    • Apprehend possessors of coconut lumber without proper permits.
    • Search and seize vehicles carrying illegally cut coconut lumber with probable cause.
    • Stop transportation or shipment of unauthorized coconut lumber.
    • Confiscate and forfeit illegally cut coconut lumber and related equipment.
    • Seek assistance from other law enforcement agencies.

Implementation and Monitoring

  • PCA is the lead implementing agency for the Act.
  • It must promulgate implementing rules and regulations.
  • PCA may enlist local government units to monitor compliance.
  • PCA may deputize Philippine National Police and other agencies for enforcement.
  • Immediate disposition of confiscated lumber ordered by PCA to prevent waste.
  • Registration of sawmills, lumberyards, and coconut wood dealers is mandatory.

Penalties for Violations

  • Violators face:
    • Imprisonment from 2 to 6 years and/or fines from P100,000 to P500,000.
  • For corporations/juridical entities, offending officials face penalties.
  • Government employees face dismissal in addition to penalties.
  • Barangay captains issuing false certifications face 3 to 7 years imprisonment, fines from P100,000 to P1,000,000, and perpetual disqualification from public office.

Miscellaneous Provisions

  • Sections renumbered for consistency.
  • Separability clause ensures remainder of the law remains valid if any part is declared invalid.
  • Repealing clause revokes inconsistent laws or issuances.
  • Effectivity clause states the law takes effect 15 days after publication in official or general circulation media.

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