Law Summary
Declaration of Policy
- Recognizes the coconut industry's pivotal role in the Philippine economy.
- Mandates government regulation against indiscriminate cutting of coconut trees.
- Advocates for sustainable replanting programs.
Definitions
- Defines key terms such as: coconut tree, seedling, replanting program, Permit to Cut (PTC), transport permit, illegal cutting, economically unproductive farm, senescent trees, diseased/infected and pest-infested trees, sawmills, lumber dealers and processors.
Interpretation
- Rules strictly protect productive coconut trees.
- They must not override farmer rights under agrarian reform laws.
Prohibition
- General rule forbids cutting of coconut trees.
- Exceptions apply only when specific valid grounds exist (e.g., senescence, non-productivity, disease, hazards, land conversion).
- Valid application, fees, seedling replanting certification, and a PCA-issued PTC are mandatory for cutting.
Standards for Cutting
- Defines economically unproductive trees based on age, yield (≤18 nuts/year), and environmental unsuitability.
- Details farm productivity assessment methods.
- Specifies certification and quarantine measures for diseased or pest-infested trees.
- Sets conditions and fees for land conversion applications.
- Establishes criteria for cutting hazardous trees.
Application Procedures for Permit to Cut
- Applicants must submit a prescribed form with cause, pay filing and processing fees.
- Only authorized persons can apply (landowners, majority co-owners, authorized representatives, tenants, barangay captains in danger cases).
- Applications filed with PCA provincial or regional offices.
- Supporting documents include identification, proof of ownership, affidavits, and other relevant certifications.
Processing and Evaluation
- Application posted publicly for 7 days with certificate of posting.
- PCA Agriculturist or Officer verifies completeness, conducts site inspections, and consults stakeholders.
- Recommendations submitted to approving authority and posted.
- Protests allowed within 5 days, grounds include fraud, error, or abuse.
- Hearing and resolution process with appeals to Regional Manager or Administrator.
Issuance of Permit to Cut
- Approval authority varies by number of trees: Agriculturist (up to 1,000), Division Chief, Regional Manager, Administrator.
- PTC validity ranges from 2 to several days depending on tree count.
- Duplicate copies furnished to relevant local officials and organizations.
Payment and Remittance of Fees
- Fees to be paid in cash or manager's check.
- Collections deposited with government banks, remitted for accounting.
- Local government units receive share via Voucher.
- Quarterly collection reports are mandated.
Program Monitoring
- PCA personnel conduct random inspections during cutting and replanting.
- Regional and national committees audit compliance.
- Coordination with LGUs, law enforcement, and farmer organizations for effective enforcement.
- Violations reported promptly, investigated, and complaints filed by authorized personnel.
Transport Permit
- Required to transport cut coconut lumber, detailing origin, destination, transport mode, volume.
- Fees charged per board foot.
- Consolidators must apply separately with fees.
- Validity and load limits prescribed by vehicle type.
Registration of Sawmills, Lumber Dealers and Power Saws
- Annual registration required for operators and sawmills except those disqualified by DENR.
- Registration fees scaled by capitalization.
- Power saw/chainsaw users must register with DENR and PCA; noncompliance leads to confiscation and fines.
Enforcement Powers
- PCA officials authorized to investigate, arrest, search, seize, confiscate, and coordinate enforcement.
- Dedicated enforcement fund established from fees and fines.
- Deputation granted to PNP, NBI, BOC, NGOs, and farmers' organizations.
Penalties and Confiscation
- Violations punishable by imprisonment (2-6 years) and fines (minimum P100,000).
- Additional penalties for public officials involved.
- Forfeiture of illegally cut trees, lumber, tools, and equipment mandated.
- Vehicles used in violations subject to fines and impoundment.
Illegal Cutting and Custodial Disposition
- Illegal cutting is cutting without PTC or circumvention methods.
- Lumber transported without proper permits is confiscated and impounded.
- Procedures set for storage, auction, and disposition of confiscated materials.
Repealing Clause
- Inconsistent administrative orders and issuances are modified or repealed.
Effectivity
- Rules become effective 15 days after publication.
This summary encapsulates the core provisions, processes, penalties, and enforcement mechanisms of the Revised Implementing Rules and Regulations of RA 8048, as amended by RA 10593, concerning the Coconut Preservation Act of 1995.