Revised IRR of RA 8048, Coconut Preservation Act

Policy, purpose, and governing interpretation

The State recognizes the coconut industry’s importance and mandates government regulation of the unabated and indiscriminate cutting of coconut trees to ensure benefits are felt by farmers.
The State policy requires regulation of coconut cutting and promotes coconut industry growth through a sustainable and efficient replanting program.
The Rules and Regulations must be strictly interpreted to preserve productive coconut trees from unabated and indiscriminate cutting.
The Rules must not be applied or construed to circumvent or defeat security of tenure or agrarian rights and benefits of farmers, tenants, farm-lessees, tillers, and regular farm workers under agrarian reform laws.

Key definitions for implementation

A Coconut Tree is Cocos nucifera, a pinnate-leaved palm producing edible fruit, whether or not bearing fruits, including newly planted or replanted young trees at least three (3) years old.
A Coconut Seedling is germinated coconut used as planting material.
A Replanting Program is a program of the Philippine Coconut Authority (PCA) or other accredited organizations, institutions, or the local government to promote production or replenish permitted-to-cut trees.
A Permit to Cut (PTC) is the PCA’s prescribed written license or authorization issued after compliance with requirements.
Permit to Cut fees include all fees related to issuance of a PTC, including filing fee, cutting permit fee, and replacement fee.
A Transport Permit (TP) is a PCA permit allowing transport of coconut logs or lumber from the place of origin to a province of consignment or destination, based on a valid PTC.
Illegal Cutting of Coconut Tree is cutting without a valid PTC, including circumvention such as uprooting or felling, poisoning, severe pruning, burning, and similar acts leading to eventual destruction or death.
An Economically unproductive farm is a coconut area where farm production/maintenance costs exceed generated proceeds/income for at least three (3) years.
Senescent coconut trees are not productive and low-yielding by reason of old age: 60 years and above for tall and 40 years for dwarf.
A Disease/Infected Tree is severely impaired due to bacteria, fungus, virus, viroid, or similar microorganisms with nil chances of survival and fruit-bearing capacity.
A Pest Infested Tree is severely damaged beyond rehabilitation due to rhino beetle, coconut scale insect, rodents, spike moth, caterpillar, and other destructive insects/animals.
A Sawmill is a wood processing plant or manually/mechanically operated implement, fixed or mobile, where coconut wood/log/timber is cut, treated, sawn, or ripped into lumber, slabs, and other wood products of any size or form.
A Lumber dealer is engaged in buying and selling, consolidating, and/or transporting coconut logs or coconut lumber.
A Lumber Processor is engaged in buying and processing coconut trees or logs into lumber, slabs, and other coconut wood products.

Prohibition and when cutting is allowed

Coconut tree cutting is prohibited as the general rule.
Cutting is allowed only if all requisites exist:
Valid grounds (and no other grounds) must apply, including:
- The tree is senescent.
- The tree is no longer economically productive.
- The tree is severely diseased and/or pest-infested beyond rehabilitation.
- The tree is severely damaged by typhoon or lightning.
- Conversion of coconut production land into residential, commercial, or industrial areas in accordance with law.
- Conversion into other agricultural uses or other agricultural-related activities pursuant to a conversion duly applied for by the owner and approved by the proper authorities, subject to PCA verification and certification that for at least three (3) years the majority of coconut trees have become senescent and economically unproductive, or the coconut is not adaptable to sound management practices due to geographical location, topography, drainage, and other conditions rendering the farm economically unproductive.
- The tree would cause hazard to life and property.
A valid application must be filed with payment of the application fee and non-refundable processing fees upon filing and acceptance.
The applicant must have already planted the required equivalent number of seedlings prior to the application (certified by the Barangay Chairman and verified/attested by the PCA Agriculturist or project personnel) for applications not involving land use conversion; the planting site must be stated in the Certificate of Field Planting.
For drought and typhoon, the applicant may pay PhP50.00 per tree applied for cutting in lieu of replanting, described as equivalent to five (5) seed nuts, to be used by PCA in its replanting program.
For cutting based on conversion into residential, commercial, or industrial areas and change to other crops in accordance with law, the applicant must pay a replacement fee of PhP100.00 per tree applied for cutting.
A valid PTC must be issued by the Division Chief or Regional Manager or the Administrator.

Standards for productivity, disease, and conversion

Coconut trees are deemed no longer productive if:
- They have reached senescence age/condition and for the last preceding three (3) years there has been no substantial improvement/increase in nut-bearing capacity above 18 nuts/tree per year; or
- Due to land non-suitability from geographical location, topography, drainage, or other conditions (including severely affected by drought or El Niño as declared by PAG-ASA), the yield is eighteen (18) nuts or less per year despite adoption of sound management practices.
For change to other crops, the authorized PCA Agriculturist must examine, evaluate, and verify whether for the three (3) calendar years immediately preceding the application the majority of trees are senescent and economically unproductive under the stated productivity standards.
Applications involving change to other crops must seek a Department of Agriculture (DA) certification that the proposed crop is more suitable and has higher income than coconut.
Disease or pest infestation is a ground for cutting only upon PCA Agriculturist certification that:
- Verification and confirmation show the tree is severely diseased or infested with pests;
- The trees are no longer capable of rehabilitation through preventive measures such as chemicals or nutrient support; and
- The infestation is such that it will spread to other trees or farms.
Quarantine-related infestations are exempt from payment of permit to cut, replacement, and processing fees where quarantine prevents processing/sale/transport/transshipment; diseased coconut trees thirty (30) years old and below that may not be processed into lumber are similarly exempt and similarly quarantined.
Quarantined trees must be disposed of by burying or other environmentally-sound acceptable means.
Conversion to residential/commercial/industrial uses requires strict compliance with DAR Administrative Order No. 01, Series of 2002 and DA Certificate of Eligibility issuance guidelines under DA Administrative Order No. 01, Series of 2017.
For conversion applications, PCA must inspect the area and submit its own certification to DA.
PCA charges specific per land title fees for inspection services in conversion applications:
- Filing Fee: PhP1,000 per land title (≤ 5 hectares) or PhP2,000 per land title (> 5 hectares).
- Inspection Fee: PhP20,000 per land title (≤ 5 hectares) or PhP30,000 per land title (> 5 hectares).
- The filing and inspection fee also apply to conversions even if the land is not devoted to coconut production.
- PhP1,000 applies to applications involving re-issuance of a Certificate of Inspection and Verification (CIV) with a validity period of six (6) months.
Even after a conversion order is issued, cutting must be covered by a PTC duly applied for by the owner and approved by PCA.
If cutting occurred before conversion approval, the land is assessed five (5) times of PTC fees or three (3) times the inspection fee, whichever is higher.
The conversion-related fees and assessments do not prevent filing of criminal cases for violations of RA 8048, as amended, and RA 8435.

Hazard-to-life and cutting jurisdiction rules

Cutting is allowed for hazard to life and property when coconut trees pose immediate threat, danger, or obstruction to:
- Existing houses, animal dwellings, business establishments, and buildings.
- Plazas, playgrounds, promenades, and public places frequented by people.
- Public roads and highways, right of way, ports, dams, transmission lines, irrigation, and waterways.
- Electric and telephone communication lines or installations.
- Other properties of greater value than the coconut tree.
Cutting due to eminent domain/expropriation or police power must be governed by the appropriate laws, regulations, and ordinances applicable to those powers.

Application, fees, and permit-processing requirements

PTC applications must be made using the PCA prescribed form, stating specific causes and circumstances, and no application is processed/approved unless all required documents are submitted, properly filled, and complied with.
A PTC filing application fee of PhP100.00 for every tree applied for cutting is collected upon filing.
A filing/processing fee is charged based on number of trees as follows:
- 1 to 5 trees: PhP100.00
- 6 to 50 trees: PhP200.00
- 51 to 100 trees: PhP500.00
- 101 to 500 trees: PhP1,000.00
- 501 to 1,000 trees: PhP2,000.00
- In excess of 1,000 trees: PhP2,000.00 + PhP200.00 for every 50 trees thereafter
PTC applications based on Section 4(f) of the Act require a final Conversion Order issued by DAR as a condition for PCA approval.
Filing for the same ground/purpose in the same land/title is allowed only once within 30 days.
Before release, PCA must ensure the PTC is properly marked with the dry seal of the issuing office to prevent use of tampered permits.
Cutting in excess of the approved PTC is forbidden; any violation must be reported immediately by PCA Agriculturist/project personnel and the Division Chief to the Regional Manager for filing appropriate charges in court.
No application and processing fees are collected for typhoon, lightning, and other natural calamity damaged coconut trees (felled/crownless) not exceeding five (5) trees not intended for sale, if the application is filed within thirty (30) days from occurrence.
Only the following may apply for a PTC:
- A landowner or authorized representative, submitting notarized owner consent/authorization and a machine copy of any valid ID with three specimen signatures.
- Controlling majority of co-owners, submitting duly notarized approved resolution.
- Authorized representative of a corporation, submitting duly approved board resolution.
- Tenant/worker/tiller/farmer, submitting notarized owner consent/authorization and machine copy of any valid ID with three specimen signatures.
- The Barangay Captain or land/property owner endangered by adjacent coconut trees, submitting a Sangguniang Barangay Resolution on the endangerment.
Applications are filed with the PCA Division Chief or Agriculturist in PCA Provincial Offices responsible over the area.
For applications from NCR, filing is made with the Coconut Production and Regulation Officer of PCA I–IVB regional office.
PTC applications must include supporting documents such as:
- Identification documents sufficient to identify the applicant (examples include Voters ID, Driver’s License, Barangay ID/Certificate, or any valid government-issued identification card).
- Proof of ownership or legal possession of affected land, including titles, tax declarations, tenancy/leasehold agreements, OAR/OAR conversion documents, CLOA/FAAS, CADT/CADC, stewardship certificates, DENR clearance, notarized deeds of conveyance or mortgage, municipal assessor certification and barangay certification for unregistered lands with registry problems.
- For pro indiviso properties, proof of co-ownership/co-heirship and documents related to unsettled estates and court proceedings, including special power/consent documents or letters of administration and court authorization.
- An Affidavit of No Existing Encumbrance, Lis Pendens, Third Party Claimant, Mortgage, and similar circumstances; when applicable, notarized consent letters from mortgagees or affected persons.
- For government projects, a Program of Works or Notice to Proceed from the implementing agency.
- Other certificates/documents required under the Rules and Regulations.
PCA must post the application in the barangay hall and on the site/area for seven (7) days, issuing a Certificate of Posting stating the time and place of posting; posting expenses are borne by the applicant.
A copy of the Certificate of Posting must be given to an accredited farmers organization representative in the area.
The PCA Agriculturist must determine completeness on the face and supporting documents; applications that do not strictly comply must be returned with notice stating the reasons.
After compliance, the Agriculturist must verify information and conduct field/ocular inspection and consultations; inspection witnesses include the applicant, tenants, representatives of the organization in the area, and the Barangay Chairman invited with notice.
Non-appearance after due notice is treated as waiver to witness inspection.
PCA must certify that trees are properly identified and marked; marking must be on the base of the tree using red or white paint.
Before final recommendation, PCA must show consultations with:
- Owners, farmer-tenants, tillers, regular workers, and lawful occupants working/occupying the farm.
- Barangay Chairman.
- Municipal Agrarian Reform Officer (MARO)/BARC Chairman, or Barangay Chairman certification if there is no MARO/BARC Chairman.
- At least one (1) Coconut Farmers Organization (CFO) or LCIDC or another PCA recognized/accredited organization or NGO.
Proof of actual consultation must be in certifications issued by the consulted persons/organizations.
Evaluation leads to PCA recommendation submitted to the Division Chief; in NCR, the Coconut Production and Regulation Officer submits recommendation for approval by the Regional Manager.
The affected applicant and relevant farm occupants/workers must be furnished a copy of the evaluation report and recommendation.

Protests, hearings, appeals, and resolutions

A protest may be filed by the applicant, owner/co-owner/co-heir, tenant, tiller, regular farm worker, or farmers/NGO acting for them when findings/report are adverse.
Protest must be filed with:
- Division Chief (outside NCR) or Regional Manager in NCR; specifically, in NCR the protest is filed to the Coconut Production and Regulation Officer’s findings/report level, then handled by the Regional Manager for the next steps stated.
Protest must be filed within five (5) days from receipt of findings/report and posting in barangay.
Protest filing suspends issuance of the PTC.
Protest may be grounded on:
- Findings/recommendations not aligned with the Act or Rules.
- Fraud, threat, or coercion affecting findings/recommendations.
- Misrepresentation or serious mistakes in appreciation of facts.
- Grave abuse of discretion by the Agriculturist.
- Implementation causing excessive injury/unreasonable damage to the protesting party.
The Division Chief or Regional Manager in NCR must resolve the protest by:
- Not later than fifteen (15) days from receipt of protest to notify parties, hear, and resolve.
- Allowing resolution without being bound by technical rules of procedure and evidence.
Parties must submit sworn statements and documentary evidence supporting/replying to the protest.
Appeals must be filed within ten (10) days from receipt of resolution:
- To the Regional Manager or Office of the Administrator in NCR.
The NCR appellate body must resolve within thirty (30) days from receipt.
The resolution of the Regional Manager/Administrator in NCR is final and executory for issuance/non-issuance of PTC under these Rules.
After conclusion, Regional Manager records must be transmitted to the PCA Administrator within fifteen (15) days.

Permit to Cut issuance, validity, and release controls

A PTC issues only after review and adoption/modification by approving and issuing authorities.
Authority depends on number of trees:
- 1 to 1,000 trees: recommending authority Agriculturist, approving Division Chief.
- 1,001 to 2,500 trees: recommending Division Chief, approving Regional Manager.
- 2,501 or more trees: recommending Regional Manager, approving Administrator.
Where PCA has a satellite office, the Regional Manager appoints an Officer-In-Charge to assume responsibility for duties of the Division Chief.
PTC is serialized and issued in four original copies in colors: white, blue, pink, and yellow (as stated), containing:
- Grantee name
- Grounds
- Number of trees to be cut
- Date of cutting
- Area/locality
- Validity period
- Other required information
PTC validity is determined by number of trees:
- 1–20: 2 days
- 21–50: 3 days
- 51–100: 5 days
- Every additional 100 trees beyond 100 adds one (1) day validity.
The specific effectivity date corresponding to approved number of trees has no extension and must be clearly specified in the PTC.
For unused or partially used but expired PTC, the applicant may apply for a replacement PTC upon payment of the applicable filing/processing fee under Section 13(c) only, subject to the usual inspection and posting process.
After PTC release, the issuing officer furnishes duplicate originals (blue and yellow) to the region and Central Office and provides certified true copies to:
- Barangay Chairman
- CFO/LCIDC
- Municipal Treasurer
- MARO
- Tenant (if applicable)
The PTC recipient must inform the Division Chief/Agriculturist/project personnel (or NCR Coconut Production and Regulation Officer for NCR) of the date and time of cutting, and PCA does spot-checking.
The PCA authority to grant PTC may be delegated to the City or Municipal Mayor:
- Upon request of the City or Municipal Mayor, or endorsed by a PCA accredited farmer or NGO
- At the discretion of the PCA Governing Board
- Under a guideline issued by PCA.

Transport permits and lumber movement controls

Any person/entity intending to transport cut coconut logs/lumber must secure a Transport Permit (TP) from the PCA Provincial Office that issued the PTC.
The TP must state:
- Validity period
- Origin/destination
- Mode of transport
- Licensed plate number or vessel name and registration number
- Volume of log/lumber
- Fees computed at 30 centavos per board foot (bdft)
- Exact addresses of destination
- PCA Registration Number of the consignee if the consignee will sell the lumber
The TP must always be accompanied by the original PTC.
Excess volume beyond the PTC stated must be penalized under Section 44(c).
TP issuance must be accompanied by a Certificate of Quantity/Volume of Coconut lumber issued by PCA using the prescribed pro forma guide.
The maximum bdft volume by vehicle type is based on the approving authority structure for tree numbers (as set in the Rules’ tables for recommending/approving), and the TP must follow the stated volume limits for loading.
For lumber consolidators:
- They must submit the original PTC and original TP to the original owner of the coconut lumber.
- They must apply for a new TP indicating consolidated volume and pay an application fee of PhP500.00 regardless of volume.
- If lumber is not covered by approved transport permits, they must apply for a new TP and pay an application fee of PhP1,000.00 and PhP0.30/bdft for the lumber.
Maximum load (bdft) by vehicle type is:
- Smaller than jeep: 2,000
- Jeep: 3,500
- Elf or Six-Wheeler Truck: 4,000
- Forward: 7,000
- Ten-Wheeler Truck: 12,000
- Prime Mover (12 wheeler and above): 18,000
TP validity extension may be allowed for a valid reason supported by a Barangay Certification.

Fees collection, remittance, monitoring, and enforcement

PCA fees under the Rules must be paid by the applicant in cash or manager’s cheque payable to PCA to the Division Chief/cashier, or by depositing in the nearest bank; proof is provided to the Division Chief/cashier who issues an official receipt.
Fees collected by the Division Chief/cashier must be deposited immediately with the Land Bank of the Philippines branch or other government depository bank in the area of responsibility and remitted to PCA Regional Office for COA accounting.
The Regional Office holds in trust fee shares accruing to beneficiaries for authorized purposes under Section 5 of the Act.
Within three (3) months from receipt of remittances, the Division Chief prepares a voucher for remittance of local government shares to the Municipal Treasurer, signed/approved by the Regional Manager.
Regional Offices submit quarterly consolidated reports to the Administrator showing status of fee collection.
PCA personnel must conduct random inspection/spot-checking of the actual cutting operation and submit documentation including:
- Field evaluation report
- Pictures of actual cutting
- Barangay certification that PCA staff was present during cutting
PCA regional/provincial offices must conduct regular monitoring of replanting and undertake monthly visits to ensure newly planted seedlings are cared for under good agricultural practices.
All PTC and TP issuance are subject to post evaluation, review, and audit by National and Regional Committees on RA 8048 compliance, and copies of approved applications and supporting documents are submitted to Central Office through the National Committee.
Regional Managers/Division Chiefs submit an inventory report quarterly of complaints received and/or filed on violations of RA 8048 and illegal conversion of coconut lands within jurisdiction and actions taken.
PCA personnel coordinate with LGUs and other agencies and NGOs through meetings to disseminate information and enforce strict implementation, and coordinate regularly with law enforcement agencies (including PNP, PCG, AFP, and LGUs) for implementation.
Report of violations:
- The PCA Agriculturist and members of CFOs/LCIDC and other accredited organizations/NGOs must inquire into perceived violations through spot-investigations/verifications.
- The Barangay Chairman, Mayor, or law enforcement agents must be informed immediately for preventive action.
- A complete report must be submitted by PCA Agriculturist to the concerned Division Chief with the Regional Manager copied.
Filing criminal complaints:
- Criminal complaints for violations of Sec. 5 of RA 8048 may be initiated by the PCA Agriculturist or authorized employee, PNP member, or any person with personal knowledge.
- The complaint is filed as a formal sworn complaint before the Office of the Provincial or City Prosecutor with jurisdiction.
- Private complainants must avail assistance of PCA employees and the local PNP Station for preparation and filing.

Police powers, deputation, and administrative fee imposition

PCA enforcement personnel are vested with delegated police powers, including:
- Investigating suspected violations
- Arresting and apprehending persons committing or attempting offenses
- Arresting and apprehending possessors of coconut lumber without required permits
- Searching and seizing moving vehicles with illegally cut coconut lumber upon probable cause
- Stopping transport/shipment without authority or without legal documents
- Confiscating and forfeiting illegally cut coconut lumber, including machinery/tools used, and disposing under applicable rules
- Seeking police/LGU/law enforcement assistance for efficient implementation
The Regional Office maintains an Enforcement Fund revolving fund not exceeding 30% of total annual collection per year for extraordinary expenses including litigation expenses, sourced and replenished from fines and auction proceeds of abandoned/confiscated/forfeited lumber and implements, and from PTC filing fees, PTC fees, and inspection fees.
Deputation of law enforcement agencies:
- All PNP, NBI (Environmental Crime Division), BOC, and other national law enforcement/investigation agencies are deputized to assist PCA by investigating, apprehending, and causing prosecution.
- They may spot-check cutting, transportation, and stockpiling for compliance.
Deputation of CFOs and NGOs:
- PCA Administrator may deputize, upon application endorsed by the Division Chief, members of CFOs and PCA recognized/accredited farmers or NGOs to assist enforcement, including monitoring, apprehension, confiscation, and prosecution aspects.
Administrative consequences for confiscation and fees:
- Any felled coconut tree or lumber found without required PTC is deemed illegally cut.
- Newly cut coconut logs/lumbers transported with PTC but without TP are confiscated and deposited to nearest barangay hall or police outpost.
- Excess logs are assessed and penalized by:
  - Every 150 bdft equals one tree cut, charged treble the application fee of PhP100.00/tree.
  - Every excess volume beyond allowed coverage is charged PhP3.00/bdft for transport fee; otherwise excess lumber is confiscated.
- Vehicle impounding for first-time apprehension (administrative release conditioned on proof of no complicity via affidavit and payment):
  - Smaller than jeep: PhP1,000.00 + Affidavit
  - Jeep: PhP3,000.00 + Affidavit
  - Elf or Six-Wheeler Truck: PhP10,000.00 + Affidavit
  - Forward: PhP20,000.00 + Affidavit
  - Ten-Wheeler Truck: PhP50,000.00 + Affidavit
  - Prime Mover (12 wheeler and above): PhP70,000.00 + Affidavit
- Vehicle used to transport illegally cut trees/logs/lumber before the current apprehension/impounding remains impounded regardless of owner/operator proof of non-involvement.
  - If no court complaint is filed, release is conditioned upon payment of administrative fines listed:
    - Smaller than jeep: **PhP5,000.