Professional Documents
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3366
H. No. 13527 H. No. 6131
Fifteenth Congress
Third Regular Session
AN ACT PROVIDING FOR THE SALIENT PROVISIONS OF RA 10593 “AN ACT AMENDING
REGULATION OF THE CUTTING OF CERTAIN SECTIONS OF RA 8048”
COCONUT TREES, ITS REPLENISHMENT,
PROVIDING PENALTIES THEREFOR AND AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC
FOR OTHER PURPOSES. ACT NO. 8048, ENTITLED “AN ACT PROVIDING FOR THE
REGULATION OF THE CUTTING OF COCONUT TREES, ITS
REPLENISHMENT, PROVIDING PENALTIES THEREFOR,
AND FOR OTHER PURPOSES”
Be it enacted by the Senate and House of Representative Be it enacted by the Senate and House of
of the Philippines in Congress assembled: Representatives of the Philippines in Congress
assembled:
SECTION 4. Prohibition. - No coconut tree shall be “SEC. 4. Prohibition. – No coconut tree shall
cut except in the following cases and only after a be cut except in the following cases and only
permit had been issued therefor: after a permit had been issued therefor:
a) When the tree is sixty (60) years old; “(a) When the tree is sixty (60) years old in
the case of tall varieties, and at least forty
(40) years old for dwarf varieties;
b) When the tree is no longer economically “(b) When the tree is no longer economically
productive; productive;
c) When the tree is disease-infected. “(c) When the tree is severely disease-
infested and beyond rehabilitation;
d) When the tree is damaged by typhoon or “(d) When the tree is severely damaged by
lightning; typhoon or lightning;
e) When the agricultural land devoted to coconut “(e) When the agricultural land devoted to
production shall have been converted in coconut production shall have been
accordance with law into residential, converted in accordance with law into
commercial or industrial areas; residential, commercial or industrial areas;
f) When the land devoted to coconut production “(f) When the land devoted to coconut
shall be converted into other agricultural production shall be converted into other
uses or other agriculture-related activities agricultural uses or other agriculture-related
in pursuance to a conversion duly applied activities in pursuance to a conversion duly
for by the owner and approved by the applied for by the owner and approved by
proper authorities: Provided, that no the proper authorities: Provided, That no
conversion shall be allowed by the PCA conversion shall be allowed by the PCA until
until after it shall have been verified and after it shall have been verified and certified
certified that for a period of at least three that for a period of at least three (3) years
(3) years the majority of the coconut trees the majority of the coconut trees have
have become senescent and economically become senescent and economically
unproductive or where the coconut farm unproductive or where the coconut farm is
is not adaptable to sound management not adaptable to sound management
practices on account of geographical practices on account of geographical location,
location, topography, drainage and other topography, drainage and other conditions
conditions rendering the farm rendering the farm economically
economically unproductive; and unproductive; and
g) When the tree would cause hazard to life and “(g) When the tree would cause hazard to life
property. and property.
No other causes other than those above- “No other causes other than those
mentioned shall be considered as a valid abovementioned shall be considered as a
ground for cutting. valid ground for cutting.”
SECTION 5. Permit to Cut. - No coconut tree or trees “SEC. 5. Permit to Cut. – No coconut tree or
shall be cut unless a permit therefor, upon due trees shall be cut unless a permit therefore,
application being made, have been issued by the upon due application being made, has been
PCA pursuant to Section 6 of this Act. issued by the PCA pursuant to Section 6 of
this Act.
The applicant shall pay an application fee “The applicant shall pay an application fee in
in the amount of Twenty-five (P25.00) for every the amount of One hundred Pesos (P100.00)
tree intended to cut payable to the PCA. Ten for every tree intended to be cut payable to
pesos (P10.00) of the fee shall accrue in favor of the PCA. Forty Pesos (P40.00) of the fee shall
the PCA, Ten pesos (P10.00) in favor of the accrue in favor of the PCA, Forty Pesos
municipal government concerned and five pesos (P40.00) in favor of the municipal
(P5.00) in favor of the barangay unit concerned. government concerned, and Twenty Pesos
The fees shall be used for the PCA’s replanting (P20.00) in favor of the barangay unit
program and for the repair and rehabilitation of concerned. The fees allocated to the PCA
roads of the respective local government units shall be used for its replanting program and
which have been damaged by the continuous the fees allocated to the municipal/city
passage of heavy vehicles used for transporting government shall be used for the repair and
coconut lumber. rehabilitation of roads of the respective local
government units which have been damaged
by the continuous passage of heavy vehicles
used for transporting coconut lumber.
No permit to cut shall be granted unless “No permit to cut shall be granted unless the
the applicant, in coordination with the PCA and applicant has secured from the barangay
the local government unit concerned has already captain of the locality where the cutting will
planted the equivalent number of coconut trees be done, a certification under oath that
applied for to be cut. he/she has already planted the equivalent
number of coconut trees applied for to be
cut.
Such replanting, however, shall not apply “Such replanting, however, shall not apply to
to areas converted into industrial, commercial or areas converted into industrial, commercial
residential sites or land transformed in or residential sites or land transformed in
accordance with law, into other agricultural accordance with law, into other agricultural
purposes. purposes.
The PCA, in coordination with the local “The PCA, in coordination with the local
government unit concerned, shall regulate and government unit concerned, shall verify if a
oversee the planting, fertilization and care of the replanting was implemented and regulate
newly planted coconut trees. For this purpose, it and oversee the fertilization and care of the
shall be incumbent upon the PCA to conduct, newly planted coconut trees. For this
from time to time, on-the-spot inspections of the purpose, it shall be incumbent upon the PCA
sites where the coconut trees have been planted. to conduct, from time to time, on-the-spot
inspections of the sites where the coconut
trees have been planted.”
SECTION 8. Penalties. - Those found guilty of violating “SEC. 9. Penalties. – Those found guilty of
this Act or any rules and regulations issued violating this Act or any rules and regulations
pursuant hereto shall, upon conviction, be issued pursuant hereto shall, upon
punished by imprisonment of not less than one conviction, be punished by imprisonment of
(1) year but not more than six (6) years, or a fine not less than two (2) years but not more
of not less than Fifty thousand pesos than six (6) years, or a fine of not less than
(P50,000.00) but not more than Five hundred One hundred thousand pesos (P100,000.00)
thousand pesos (P500,000.00) or both, in the but not more than Five Hundred Thousand
discretion of the court. Pesos (P500,000.00), or both, at the
discretion of the court.
If the offender is in the government “If the offender is in the government service,
service, he shall, in addition, be dismissed from he shall, in addition be dismissed from office.
office.
“Upon verification by the PCA that no
replanting was done, the barangay captain
who issued the certification shall, upon
conviction, be penalized 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). Furthermore,
the barangay captain concerned shall be
perpetually disqualified from holding any
other public office.”
SECTION 9. Separability Clause. - If any part or SECTION 7. Separability Clause. – If any provision or part
section of this Act is declared unconstitutional, hereof is held invalid or unconstitutional, the remainder
such declaration shall not affect the other parts of the law or the provisions not otherwise affected shall
or section of this Act. remain valid and subsisting.
SECTION 10. Repealing Clause. - All laws, presidential SECTION 8. Repealing Clause. – All laws, issuances or
decrees, executive orders, rules and regulations parts thereof inconsistent with this Act are hereby
inconsistent with any provisions of this Act shall repealed or modified accordingly.
be deemed repealed or modified accordingly.
SECTION 11. Effectivity Clause. - This Act shall take SECTION 9. Effectivity Clause. – This Act shall take effect
effect upon its approval. after fifteen (15) days from its publication in the Official
Gazette or in two (2) newspapers of general circulation.
APPROVED. Approved,
(SGD) JOSE DE VENECIA. JR (SGD) EDGARDO J. ANGARA FELICIANO BELMONTE, JR. JUAN PONCE ENRILE
Speaker of the House of Representative President of the Senate Speaker of the House of Representatives President of the Senate
This Act which is a consolidation of Senate Bill No. 1751 and House Bill No. 13527 was finally This Act which is a consolidation of Senate Bill No. 3366 and House Bill No. 6131 was finally
passed by the Senate and the House of Representatives on June 02, 1995. passed by the Senate and the House of Representatives on January 28, 2013 and January 30,
2013, respectively.
(SGD) CAMILO L. SABIO (SGD) EDGARDO E. TUMANGAN MARILYN B. BARUA-YAP EDWIN B. BELEN
Secretary General House of Representative Secretary of the Senate Secretary General House of Representatives Acting Senate Secretary
APPROVED: Approved: