Ra 8048 as Ammended Ra 10593 Irr

ADMINISTRATIVE ORDER O. 02

ADMINISTRATIVE ORDER NO. ____ SERIES OF 2013

SERIES OF 2005 REVISED IMPLEMENTING RULES AND REGULATIONS OF

REVISED IMPLEMENTING RULES AND REGULATIONS

REPUBLIC ACT NO. 8048

OF REPUBLIC ACT NO. 8048, AS AMENDED BY REPUBLIC ACT 10593

Pursuant to Section 7 of Republic Act 8048,

Pursuant to Section 7 of Republic Act 8048, otherwise

otherwise known as the “Coconut Preservation Act of

known as the “Coconut Preservation Act of 1995”, and

1995”, Administrative Order No. 1, series of 2002, is

Section 8 of Republic Act 10593 “An Act Amending

hereby amended for the guidance and compliance of all

Certain Sections of RA 8048” this Administrative Order is

concerned.

being issued issued for guidance and compliance of all concerned.

ARTICLE I – PRELIMINARY PROVISIONS SECTION 1. Title – These Rules and Regulations shall be

ARTICLE I – PRELIMINARY PROVISIONS SECTION 1.

Title Title - These Rules and Regulations shall

cited as the Revised Implementing Rules and Regulations be cited as the Revised Implementing Rules and of Republic Act No. 8048, otherwise known as the

Regulations of Republic Act 8048, otherwise known as

“Coconut Preservation Act of 1995”.

the “Coconut Preservation Act of 1995”, as amended by

Republic Act 10593

“An Act Amending Certain Sections

of RA 8048”.

SECTION 2. Purpose – These Rules and regulations are

SECTION 2.

hereby promulgated to prescribe procedures and

Regulations are hereby promulgated to prescribe

guidelines for the effective implementation of RA 8048, procedures facilitate compliance and achieve the objectives thereof.

Purpose – These Revised Rules and and

guidelines

for

the

effective

implementation of RA 8048, as amended, amended, facilitate compliance and achieve the objectives thereof.

SECTION 3. Declaration of Policy – The State recognizes

SECTION 3.

Declaration

of

Policy – The

the role of the coconut industry in nation building and

recognizes the role of the coconut industry in the

development due to the importance of the coconut

economy, it being one of the principal industries and one

industry in the economy, it being one of the principal

of the largest income earners for the country, benefits

industries and one of the largest income earners of the

from which should meaningfully be felt by farmers. Thus,

country, benefits from which should meaningfully be felt

it becomes mandatory for the Government to step in and

by farmers. Thus, it becomes mandatory for the

to regulate the unabated and indiscriminate cutting of

Government to step-in and regulate the unabated and

the coconut trees.

State

indiscriminate cutting of the coconut trees. For reasons of national interest, it is hereby For reason of national interest, it is hereby declared the declared the policy of the State to provide for the

policy of the State to provide for the regulation of the

regulation of the cutting of coconut trees as well as to

cutting of coconut trees as well as to promote the

promote the growth of the national industry by

growth of the coconut industry by embarking on a

embarking on a sustainable and efficient replanting

sustainable and efficient replanting program.

program. SECTION 4. Definition of Terms – For the purposes of

SECTION 4. Definition of Terms - For the purpose of

these Rules and Regulations, the following terms and


phrases shall mean:

phrases shall mean:

(a) Coconut Tree – refers to a pinnate-leaved

(a) Coconut Tree – scientific name:

Cocos

that produces an edible fruit called coconut,

nucifera, refers to a pinnate-leaved palm that

whether or not bearing fruits, including the

produces an edible fruit called coconut,

newly planted, or replanted young trees at


least three (3) years old.

newly planted, or replanted young trees at least three (3) years old.

(b) Coconut seedling – refers to the germinated coconut used as planting material.

(b) Coconut Seedling Seedling - refers to the germinated coconut used as planting material.

(c) Replanting Program – refers to the program


of the Philippine Coconut Authority (PCA) or


other accredited organizations, institutions,


or

or

the

local

government

to

promote

the

local

government

to

promote

production or replenish the coconut trees


permitted to be cut by the PCA. P CA.

permitted to be cut by the PCA.

(d) Planting of equivalent number – refers to the


sowing of seed nuts or planting with such


number of planting materials as determined


by the PCA, taking into consideration the rate


of culling and mortality, as replacements of


the trees applied for cutting.


(e) Permit to Cut – refers to the prescribed


written license or authorization of the PCA


issued

issued

after

compliance

with

the

after

compliance

with

the

requirements and conditions for valid cutting


of coconut trees as provided by the Act and


its Rules and Regulations.


(f) Transport Permit – refers to a permit issued


by the Authority to allow transport of the


coconut logs or lumber processed by virtue or

coconut logs or lumber processed by virtue of

regulation of the cutting of coconut trees as well as to

cutting of coconut trees as well as to promote the

promote the growth of the national industry by

growth of the coconut industry by embarking on a

embarking on a sustainable and efficient replanting

sustainable and efficient replanting program.

program. SECTION 4. Definition of Terms – For the purposes of

SECTION 4. Definition of Terms - For the purpose of



phrases shall mean:

phrases shall mean:

(a) Coconut Tree – refers to a pinnate-leaved

(a) Coconut Tree – scientific name:

Cocos

that produces an edible fruit called coconut,

nucifera, refers to a pinnate-leaved palm that


produces an edible fruit called coconut,

newly planted, or replanted young trees at


least three (3) years old.

newly planted, or replanted young trees at least three (3) years old.

(b) Coconut seedling – refers to the germinated coconut used as planting material.

(b) Coconut Seedling Seedling - refers to the germinated coconut used as planting material.







or

or

the

local

government

to

promote

the

local

government

to

promote



permitted to be cut by the PCA. P CA.

permitted to be cut by the PCA.

















issued

issued

after

compliance

with

the

after

compliance

with

the











coconut logs or lumber processed by virtue or

coconut logs or lumber processed by virtue of

valid Permit to Cut from the place of origin to

a valid Permit to Cut from the place of origin

any province of consignment or destination.

to

any

province

of

consignment

or

destination. (g) Illegal Cutting of Coconut Tree – refers to the

(g) Illegal Cutting of Coconut Tree – refers to the

cutting of a coconut tree without a valid

cutting of coconut tree without a valid Permit

Permit to Cut issued by the Authority and

to Cut issued by the authority and shall

shall include any form of circumvention such

include any form of circumvention such as

as uprooting or felling, poisoning, burning

uprooting or felling, poisoning, burning and

and the like, which led to its eventual

the like, which led to its eventual destruction,

destruction, death or removal.

death or removal.

(h) Economically unproductive farm farm - refers to a

(h) Economically unproductive farm – refers to a

coconut area where the cost of farm

coconut

area

where

the

cost

of

farm

production and maintenance is greater than

production and maintenance is greater than

the generated proceeds or income for a

the generated proceeds or income for a

period of at least three (3) years.

period of at least three (3) years.

(i) Senescent coconut trees – are coconut trees

(i) Senescent coconut trees trees - are coconut trees

that are not productive and low yielding by

that are not productive and low yielding by

reason of old age.

reason of old age.

(j) Disease Infested Tree – refers to a severely

(j) Disease Infested Tree – refers to a severely

impaired coconut tree due to bacteria,

impaired coconut tree due to bacteria,

fungus,

fungus,

virus,

viroid

and

other

similar

virus,

viroid

and

other

similar

microorganisms, and the chances of survival

microorganisms, and the chances of survival

and capacity to bear fruits are nil.

and capacity to bear fruits are nil.

(k) Pest Infested Tree – refers to a coconut tree

(k) Pest Infested Tree – refers to a coconut tree

damaged by rhino beetle rodents, spike

damaged by rhino beetle, rodents, spike

moth, caterpillar, and other destructive

moth, caterpillar, and other destructive

insects and animals.

insects

and

animals animals

and

beyond

rehabilitation. (l) Sound Management Practice – refers to procedures

and

decisions

that

are

(l) Sound Management Practice – refers to procedures

and

decisions

that

are

scientifically proven; or accepted cultural

scientifically proven; or accepted cultural

practice that enhances farm production or

practice that enhances farm production or

productivity.

productivity.

(m) Sawmill – refers to a wood processing plant or

implement

operated

manually

or

mechanically, whether fixed or mobile where

(m) Sawmill - refers to a wood processing plant or

implement

operated

manually

or

mechanically, whether fixed or mobile where

coconut wood, log or timber is cut, treated,

coconut wood, log or timber is cut, treated,

sawn or ripped to lumber, slabs and other

sawn or ripped to lumber, slabs and other

wood products of any size or form such as

wood products of any size or form such as

poles, piles, wall wood, board pulp, or other

poles, piles, wall wood, board pulp, or other

finished coconut wood products.


(n) Lumber Dealer – refers to a person or entity

(n) Lumber dealer – refers to a person or entity

engaged in the buying or selling or both of

engaged in the buying or selling or both of

coconut logs, timber and/or coconut tree

coconut logs, timber and/or coconut tree

lumber.

lumber.

(o) Lumber Processor – refers to a person or

(o) Lumber Processor – refers to a person or

entity engages in the processing of coconut

entity engaged in the processing of coconut

logs into lumber, slabs and other wood

logs into lumber, slabs and other wood

products of any size or form such as poles,

products of any size or form such as poles,

piles, wall wood, board pulp, or other

piles, wall wood, board pulp, or other finished


coconut wood products.

(p) Registration – refers to the registration

(p) Registration – refers to the registration

certificate issued by PCA to coconut sawmills

certificate issued by PCA to coconut sawmills

operators, dealers and processors of coconut

operators, dealers and processors of coconut

lumber or coco wood products.

lumber or coco wood products including power chain saws.

(q) Implementing Rules and Regulations – refers

(q) Implementing Rules and Regulations – refer

to the rules and regulations promulgated by

to the rules and regulations promulgated by

the PCA including guidelines, circulars, orders

the PCA including guidelines, circulars, orders

and memoranda issued to supplement the

and memoranda issued to supplement the

same.

same.

SECTION

5.

Interpretation – These

Rules

and SECTION

5.

Interpretation –

These Rules and

Regulations shall be strictly interpreted to preserve

Regulations shall be strictly interpreted to preserve

productive

productive

coconut

trees

from

unabated

and

coconut

trees

from

unabated

and

indiscriminate cutting. Nothing in these Rules shall be

indiscriminate cutting. Nothing in these Rules shall be

applies, construed or interpreted to circumvent, or

applied, construed or interpreted to circumvent, or

defeat the security of tenure or the rights and benefits

defeat the security of tenure or the rights and benefits of

of farmers, tenants, farm-lessees, tillers and regular farmers, tenants, farm-lessees, tillers and regular farm farm workers prescribed by the Comprehensive Agrarian workers prescribed by the agrarian reform laws. Reform Law (R.A. 6657).

ARTICLE II – PROHIBITION

ARTICLE II – PROHIBITION

SECTION 6. General Rule – Consistent with the guiding

SECTION 6.

policies, the cutting of coconut trees is hereby

guiding policies, the cutting of coconut trees is hereby

prohibited.

prohibited.

SECTION 7. Exception – Coconut trees may be cut only if

SECTION 7.

the following requisites exist:

only if the following requisites exist:

(a) There exists a valid ground as enunciated in Section 4 of the Act: i.

General Rule – Consistent with the

Exception – Coconut trees may be cut

(a) There exists a valid ground as enunciated in Section 4 of the Act:

When the tree is sixty (60) years

i.

old or more;

When the tree is sixty (60) years old in the case of tall varieties and at least 40 years old for dwarf varieties;

ii.

When the tree is no longer

ii.

economically productive; iii.

When the tree is no longer economically productive;

When the tree is severely disease-

iii.

infected and/or pest-infested;

When the tree is severely diseaseinfected and/or pest-infested and beyond rehabilitation ;

iv.

When the tree is damaged by

iv.

typhoon or lightning; v.

When

the

When

the

tree

is

severely

damaged by typhoon or lightning;

agricultural

land

v.

When

the

agricultural

land

devoted to coconut production

devoted to coconut production

shall have been approved for

shall have been converted in

conversion

residential,

accordance

commercial or industrial areas by

residential,

the

industrial areas;

into

Department

of

Agrarian

with

law

into

commercial

or

reform; vi.

When

the

coconut

land

devoted

production

vi.

When the land devoted to coconut

be

production shall be converted into

converted into other agricultural-

other agricultural uses or other

related activities pursuant to a

agricultural-related

conversion duly applied for by the

pursuant to a conversion duly

owner

applied for by the owner and

and

approved

shall

to

by

the

activities

proper authorities; Provided, that

approved

by

a Permit to Cut shall not be issued

authorities;

Provided ,

by the PCA until after it shall have

conversion shall be allowed by the

been verifies and certified that for

PCA until after it shall have been

a period of at least three (3) years

verified and certified that for a

the majority of the coconut trees

period of at least three (3) years

have

the majority of the coconut trees

become

senescent

and

the

proper that

no

vii.

economically

unproductive

where

coconut

the

have

senescent

and

unproductive

adaptable to sound management

where

coconut

practices

adaptable to sound management

account

not

become

economically

on

is

or

of

the

not

geographical location, topography,

practices

drainage and other conditions

geographical location, topography,

rendering the farm economically

drainage and other conditions

unproductive; and

rendering the farm economically

When

the

tree

would

cause

on

is

or

account

of

unproductive; and

hazard to life and property.

vii.

When the tree would cause hazard to life and property.

No other causes other than those above mentioned shall be considered as valid ground for cutting. (b) A valid application has been filed and the corresponding

non-refundable

application

(b) A valid application has been filed and the corresponding

non-refundable

application

and cutting permit fees have been paid upon

and cutting permit fees have been paid upon

filing of the application.

filing of the application.

(c) The applicant has already planted the

(c) The applicant has already planted the

required equivalent number of seedlings, as

required equivalent number of seedlings, as

attested to in the Certificate of Field Planting

certified in a Certificate of Field Planting by

by the PCA Agriculturist and the Barangay

the Barangay Chairman and verified and

Chairman or the head of the Small Coconut

attested to by the PCA Agriculturist for

Farmers Organization (SCFO) or other PCA-

applications

recognized/accredited

for

conversion. The specific location of the

use

planting site shall be stated in the Certificate

applications

not

organization,

involving

land

conversion. The specific location of the

not

involving

Land

use

of Field Planting issued for this purpose.

planting site shall be stated in the Certificate of Field Planting issued for this purpose.

The regional/provincial offices concerned must conduct a regular monitoring of the replantings made by the applicants to ensure that the cut coconut trees were replaced. Likewise, a monthly visit to the replanted coconut trees must also be undertaken to guarantee that the newly planted coconut seedlings

are

being

taken

care

of

in

accordance with the recommended principles and practices of good agricultural practices. If the weather condition is not suitable for planting,

If the weather condition is not suitable for

the applicant shall pay to PCA Fifty pesos (PhP 50.00)

planting, the applicant shall pay to PCA Fifty

for every tree applied for cutting, in lieu of

pesos (PhP 50.00) for every tree applied for

replanting. The said amount, which is the equivalent

cutting, in lieu of replanting. The said amount,

of five (5) seed nuts, shall be used by the PCA in its

which is the equivalent of five (5) seed nuts,

replanting program.

shall be used by the PCA in its replanting program.

(d) When the ground for cutting is conversion of

(d) When the ground for cutting is conversion of

the area into industrial, commercial or

the area into residential, commercial or

residential sites or that the land on which the

industrial sites or that the land on which the

coconut trees are grown has been converted

coconut trees are grown has been converted

into

in

into other agricultural purposes in accordance

accordance with law, the applicant shall have

with law, the applicant shall have procured

procured from a PCA accredited source one

from a PCA accredited source one (1) seedling

(1) seedling for every tree applied for cutting

for every tree applied for cutting and

and delivered the same to a PCA nursery or

delivered the same to the PCA nursery or

office. The PCA Agriculturist shall issue the

office. The PCA Agriculturist shall issue the

corresponding Certificate of Delivery.

corresponding Certificate of Delivery.

other

agricultural

purposes

In case good quality seedlings are not

In case good quality seedlings are not

available, the applicant shall pay to PCA

available the applicant shall pay to PCA One

One hundred pesos (PhP 100.00) for

hundred pesos (Php 100.00) for every tree

every tree applied for cutting, in lieu of

applied for cutting, in lieu of delivering one

delivering one seedling. The said amount,

seedling. The said amount, which is the

which is the equivalent of ten (10) seed

equivalent of ten (10) seed nuts, shall be used

nuts, shall be used by the PCA in its

by the PCA in its replanting program.

eplanting program. (e) A valid permit to cut has been issued by a

(e) A valid Permit to Cut has been issued by a

Provincial Coconut Development Manager

Provincial Coconut Development Manager

(PCDM)/Division Chief or Regional Manager

(PCDM)/Division Chief or Regional Manager

or the Administrator.

or the Administrator.

SECTION 8. Evidence of Dispossession

SECTION 8. Violations in Tenanted Farms

(a) Cutting of coconut trees in tenanted farms in

(a) Cutting of coconut trees in tenanted farm/s in

violation of these Rules and Regulations shall

violation of these Rules and Regulations

be

of

perpetrated by the owner/s thereof shall be

or

deemed

deemed

prima

dispossession,

facie

unlawful

evidence ejectment

prima

facie

evidence

of

unlawful

ejectment

or

deprivation of the rights and benefits of the

dispossession,

farmer-tenants,

deprivation of the rights and benefits of the

tillers

or

regular

farm-

workers under the Comprehensive Agrarian

farmer-tenants,

tillers

or

regular

farm-

Reform Law or its Implementing Rules.

workers under the agrarian reform laws. The PCA shall report any such incidence to the Department of Agrarian Reform (DAR) for appropriate action.

(b) Such incidence of dispossession, ejectment or deprivation

shall

be

reported

(b) Cutting of coconut trees in tenanted farm/s in

and

violation of these Rules and Regulations

recommended by the PCA to the Department

perpetrated by farm workers/tenants shall be

of Agrarian Reform (DAR) for prioritization in

treated as a pure violation of the special law

land acquisition and distribution under the

and shall not in a case be considered as

Comprehensive Agrarian Reform Law.

agrarian in nature.

(c) The PCA shall further recommend to DAR as a

If a similar complaint is filed before a regular

reasonable award in favor of the farmer such

court or office of the prosecutor and the

amount of income on the part of the farmer,

same is referred by the judge or the

tiller or farm-worker.

prosecutor to the DAR for determination and certification whether an agrarian dispute exists pursuant to Section 50-A of Republic Act 9700 (Exclusive Jurisdiction on Agrarian Dispute), PCA and/or the prosecutor shall

vigorously oppose the referral as purely a violation of Republic Act 8048, as amended. Any resolution adverse to the PCA and the State shall be appealed within fifteen (15) days to the regional trial court in cases referred to by the municipal trial court and the prosecutor's office, and to the Court of Appeals in cases referred to by the regional trial court. ARTICLE III – STANDARDS SECTION 9. Economically Unproductive

ARTICLE III – STANDARDS SECTION 9. Economically Unproductive

(a) Coconut

trees

are

deemed

no

longer

productive if: i.

(a) Coconut

trees

are

deemed

no

longer

productive if:

They have reached the age or

i.

They have reached the age or

condition of senescene that begins

condition

of

at the age of sixty (60) years, and

begins at the age of sixty (60) years

that for the last preceding three

in the case of tall varieties and 40

(3) calendar years, there has been

years for dwarf varieties, and that

no substantial improvement or

for the last preceding three (3)

increase in their nut bearing

calendar years, there has been no

capacity;

substantial

improvement

increase

their

in

senescence

nut

that

or

bearing

capacity. ii.

Due to senescene as described in

ii.

Due to senescence as described in

the preceding subparagraph, or

the preceding subparagraph, or

the non-suitability of the land or

the non-suitability of the land or

area, the yield of the tree is

area, the yield of the tree is

eighteen (18) nuts or less per year.

eighteen (18) nuts or less per year.

(b) For conversion to other agricultural uses or

(b) For conversion to other agricultural related

other agricultural related activities, it shall be

activities, it shall be the duty of the

the duty of the authorized PCA Agriculturist

authorized PCA Agriculturist to examine,

to examine, evaluate and verify whether for

evaluate and verify whether for the period of

the period of three (3) calendar years

three

immediately preceding the application, the

preceding the application, the majority of the

majority of the trees in the land are

trees

senescent and economically unproductive as

economically unproductive as described in

described in paragraph (a) (i) and (ii) of this

paragraph (a) (i) and (ii) of this Section.

(3) in

calendar the

land

years are

immediately

senescent

and

section. No permit shall be issued unless all the

No permit shall be issued unless all the

aforementioned conditions are duly

aforementioned

established and certified by the

established and certified by the authorized

authorized PCA official.

PCA official.

conditions

duly

SECTION 10. Farm Productivity – To determine

SECTION 10.

economic gain as a measure of productivity of a coconut

economic gain as a measure of productivity of coconut

farm, the following shall be deducted from the total

farm, the following shall be deducted from the total

annual gross sales of the farm from its coconut trees:

annual gross sales of the farm from its coconut trees:

(a) If the final product is copra:

Farm Productivity

are

(a) If the final product is copra:

- To determine

i.

cost of harvesting which include

i.

cost of harvesting which includes

picking and piling;

picking and piling;

ii.

cost of loading and hauling; and

ii.

cost of loading and hauling; and

iii.

cost of processing, which includes

iii.

cost of processing, which includes

husking, splitting, scooping, and

husking, splitting, scooping, and

drying.

drying.

(b) If the final product is “buko” or green nuts,

(b) If the final product is “buko” or green nuts,

only cost items (i) and (ii) above shall be

only cost items (i) and (ii) above shall be

deducted.

deducted.

(c) If the final product is husked nuts, the cost

(c) If the final product is husked nuts, the cost

items (i) to (ii) plus the cost of husking shall

items (i) to (ii) plus the cost of husking shall

be deducted. This Section shall not apply to

be deducted. This Section shall not apply to or

or include secondary crops other than

include secondary crops other than coconut.

coconut. SECTION 11. Disease Infestation (a) Disease in coconut trees shall be a ground for

SECTION 11. Disease Infestation (a) Disease in coconut trees shall be a ground for

cutting only upon certification by the PCA

cutting only upon certification by the PCA

Agriculturist that:

Agriculturist that:

i.

ii.

iii.

He has verified and confirmed that

a. He has verified and confirmed that the

the tree applied for cutting is

tree applied for cutting is infested with

infested with pest disease;

pest or disease;

The infested trees are no longer

b. The infested trees are no longer

capable of rehabilitation thru

capable

preventive measures such as

preventive

application of chemicals or

application of chemicals or nutrient

nutrient support; and

support; and

The infestation is such that it will

of

rehabilitation measures

such

thru as

c. The infestation is such that it will

spread to other trees or farms.

spread to other trees or farms.

(b) Infested trees shall be subject to quarantine

(b) Application for cutting coconut trees which by

and shall not be allowed for processing, sale,

nature of infestation should be subjected to

transport or transshipment;

quarantine and may not be

allowed for

processing, sale, transport or transshipment shall be exempt from payment of permit to cut,

replacement

and

processing

fees.

Diseased coconut trees thirty years (30) of age and below which may not be processed

into lumber shall similarly be exempt from such fees and similarly quarantined. (c) Quarantined trees shall be disposed of by the

(c) Quarantined trees shall be disposed of by the

owner thru burning under the supervision of

owner thru burning under the supervision of

the PCA Agriculturist.

the PCA Agriculturist.

SECTION 12. Conversion into Residential, Commercial

SECTION 12. Conversion into Residential, Commercial

or Industrial Areas and Other Agricultural Crops

or Industrial Areas and Other Agricultural Crops

(a) Applications for land use conversion into

(a) Applications for land use conversion into

residential, commercial or industrial use shall

residential, commercial or industrial use shall

comply strictly with the requirements and

comply strictly with the requirements and

procedures of the DAR Administrative Order

procedures of the DAR Administrative Order

No.

No.

01,

series

Comprehensive

of

2002

Rules

on

titled

Land

“2002

Use

01,

series

Comprehensive

of

2002

Rules

titled

on

“2002

Land

Use

Conversion”. In such applications, the PCA

Conversion”. In Such applications, the PCA

shall conduct its own inspection of the area

shall conduct its own inspection of the area

sought to be converted in order to determine

sought

the condition of the coconut trees therein

determine the condition of the coconut trees

and shall thereafter submit its certification to

therein and shall thereafter submit its

the DAR.

certification to the DAR.

(b) In

order

to

defray

the

administrative

(b) In

to

order

be

to

converted

defray

the

in

order

to

administrative

expenses of PCA in rendering said inspection

expenses of PCA in rendering said inspection

services, the applicant shall pay the PCA the

services, the applicant shall pay the PCA the

following:

following:

i.

i.

Filing Fee (1) One thousand pesos (PhP 1,000)

for

(1)

applications

One thousand pesos (Php 1,000)

for

applications

involving land with an area


less than or equal to five (5)


hectares; or

hectares; or

(2) Two thousand pesos (PhP 2,000)

ii.

Filing Fee

for

(2)

applications

Two thousand pesos (Php 2,000)

for

applications



larger than five (5) hectares;

larger than five (5) hectares;

Inspection Fee

ii.

Inspection Fee

(1) Ten thousand pesos (PhP 10,000)

for

(1)

applications

Ten thousand pesos (Php 10,000) for applications




less than or equal to five

hectares;

(5) hectares;

(2) Fifteen thousand pesos (PhP 15,000)

for

(2)

applications

Fifteen (Php

thousand

pesos

15,000)

for

involving lands with an area

applications involving land

more than five (5) hectares.

with an area more than five (5) hectares.

(c) The payment of filing fee and inspection fee

(c) The payment of filing fee and inspection fee

shall also apply to applications involving

shall also apply to applications involving

conversion of land devoted to coconut

conversion of land devoted to coconut

production to other agricultural uses.

production to other agricultural uses. (d) Applicants who commence conversion of lands devoted to coconut farming before the filing and approval of the application for conversion by the

PCA and DAR, and

perpetrates cutting of coconut trees thereon without a duly issued permit to cut shall be assessed treble of the fees and shall accordingly be proceeded with criminally in court. (d) An

application

for

Certificate

of

(e) An

application

for

Certificate

Inspection/Verification for a land not devoted

Inspection/Verification

to coconut production shall be charged a

devoted to coconut production shall be

Certification Fee of One thousand pesos (PhP

charged a Certification Fee of One thousand

1,000.00) per land title submitted.

pesos (Php 1,000) per land title submitted.

SECTION 13. Hazard to Life and Property

for

a

land

of not

SECTION 13. Hazard to Life and Property

(a) The coconut trees are situated such that they

(a) The coconut trees are situated such that they

pose immediate threat, danger or obstruction

pose immediate threat, danger or obstruction

to:

to: i.

existing houses, homes, animal

i.

dwelling, business establishments,

existing houses, animal dwellings, business establishments, buildings;

buildings; ii.

plazas, playgrounds, promenades

ii.

plazas, playgrounds, promenades

iii.

iv.

and public places frequenred by

and public places frequented by

people;

people;

public roads and highways, right of

iii.

way, ports, dams, irrigation and

way, ports, dams, transmission

waterways;

lines, irrigation and waterways;

electric

and

telephone

communication

lines

iv.

or

electric

and

telephone

communication

installations; v.

public roads and highways, right of

lines

or

installation;

other properties of greater value

v.

than the coconut tree which poses

Other properties of greater value than the coconut tree.

the threat, danger or obstruction. (b) Cutting of coconut trees due to the exercise of

the

power

of

eminent

(b) Cutting of coconut trees due to the exercise of

the

power

of

eminent

domain/expropriation or police power shall

domain/expropriation or police power shall

be governed by the appropriate laws,

be

regulations and ordinances.

regulations and ordinances.

governed

by

the

appropriate

laws,

ARTICLE IV – APPLICATION FOR PERMIT TO CUT SECTION 14. Filing of Application

ARTICLE IV – APPLICATION FOR PERMIT TO CUT SECTION 14. Filing of Application

(a) Application for a Permit to Cut coconut trees

(a) Application for a Permit to Cut (PTC) coconut

shall be made in accordance with the PCA

tree(s) shall be made in accordance with the

prescribed form, stating the specific causes

PCA prescribed form, stating the specific

and circumstances therefore.

causes

and

circumstances

therefor.

No

application for permit to Cut shall be processed and approved unless all documents required are submitted

properly, filled-up

and complied with by the applicant(s). (b) A cutting permit fee of Twenty-five pesos

(b) A cutting permit fee of One Hundred Pesos

(PhP 25.00) for every tree applied for cutting

(Php 100.00) for every tree applied for cutting

shall be collected and paid by the applicant

shall be collected and paid by the applicant

upon filing of the application.

upon filing of the application.

(c) A filing/processing fee shall be paid by the

(c) A filing/processing fee shall be paid by the

applicant in accordance with the following

applicant in accordance with the following

rates:

rates:

i.

PhP 100.00

-1 to 50 coconut

i.

trees ii.

PhP 250.00

trees -51 to 100 coconut

ii.

trees iii.

PhP 500.00

PhP 250.00 – 51 to 100 coconut trees

-101 to 500 coconut

iii.

trees iv.

PhP 100.00 – 1 to 50 coconut

PhP 1,000.00 -501

PhP 500.00 – 101 to 500 coconut trees

or

more

coconut trees

iv.

PhP 1000.00 – 501 or more coconut trees

(d) Application for Permit to Cut coconut trees

(d) Application for Permit to Cut coconut trees

pursuant to Section 4 (f) of the Act shall not

pursuant to Section 4 (f) of the Act shall not

be approved by the PCA unless it is

be approved by the PCA unless it is

accompanied by a certified true copy of the

accompanied by a Certification of Exemption

final Conversion Order or Certification of

issued by the DAR or Certification for

Exemption issued by the DAR or Certification

Conversion to other crops issued by the

for Conversion to other crops issued by the

Department of Agriculture

Department of Agriculture. (e) Filing of the application for permit to cut for

(e) Filing of the application for permit to cut for

the same ground/purpose in the same

the same ground/purpose in the same

land/area shall only be allowed once at any

land/area shall only be allowed once within

given time.

30 day period.

(f) Notwithstanding the issuance of the final

(f) Notwithstanding the issuance of the final

Conversion Order or Certificate of Exemption

Conversion Order or Certificate of Exemption

by the Department of Agrarian Reform or the

by the Department of Agrarian Reform or the

Department of Agriculture, the cutting of

Department of Agriculture, the cutting of

coconut trees in the land approved for

coconut trees in the land approved for

conversion or exemption shall at all times be

conversion or exemption shall at all times be

covered by a permit to cut duly applied for by

covered by a permit to cut duly applied for by

its owner and approved by the PCA.

its owner and approved by the PCA. (g) Prior to the release of the PTC, the concerned PCA employee and/or official shall ensure that the permit is properly marked with the dry seal of the issuing officer to avoid the use of tampered permit. (h) To rationalize the whole process of accepting and approval of applications for PTC, the Regional/Provincial officers should establish a target or quota system of the number of applications that shall be accepted and to be processed for a given month based on the available manpower and resources and must be posted for transparency. This is to minimize the problem associated with the inadequate manpower vis-à-vis the volume of applications being accepted and processed every month and to effectively monitor the cutting of trees and/or transport of coco lumber. (i) Under no circumstances shall the cutting of coconut tree(s) in excess of what is stated in the approved PTC, be allowed. Any violation thereof should be reported immediately by the concerned PCA Agriculturist and the Provincial Coconut Development Manager (PCDM)/Division Chief to his/her respective Regional Manager (RM) for the filing of appropriate charges in court.

SECTION 15. Who May Apply – The following may apply SECTION 15. Who May Apply – The following may apply

for permit to cut:

for permit to cut:

(a) Landowner or his authorized representative

(a) Landowner or his authorized representative

who shall submit the notarized written

who shall submit the notarized written

consent or authorization of the owner;

consent or authorization of the owner.

(b) The controlling majority of the co-owners

(b) The controlling majority of the co-owners

who shall submit the duly notarized written

who shall submit the duly notarized approved

consent of the rest of the co-owners;

board resolution;

(c) Any

authorized

representative

of

a

(c) Any authorized representative of corporation

corporation who shall submit the duly

who shall submit the duly approved board

approved board resolution;

resolution;

(d) Tenant, worker, tiller or farmer who shall

(d) Tenant, worker, tiller or farmer who shall

submit the notarized written consent or

submit

authorization of the owner to the application;

authorization of the owner to the application;

(e) Barangay Captain or owner of land/property

(e) Barangay Captain or owner of land/property

that is endangered by coconut trees planted

that is endangered by coconut trees planted

in adjacent land who shall submit the

in adjacent land who shall submit the

Sangguniang

Sangguniang

Brangay

Resolution

of

Certification on the said endangerment.

the

notarized

Barangay

written

consent

Resolution

or

Certification on the said endangerment.

SECTION 16. Where to Apply – The application shall be

SECTION 16. Where to Apply – The application shall be

filed with the Provincial Coconut Development Manager

filed with the Provincial Coconut Development Manager

(PCDM)/Division Chief or Agriculturist in the PCA

(PCDM/Division Chief) or Agriculturist in the PCA

Municipal/City station having responsibility over the Municipal/City station having responsibility over the area area where the trees are situated.

where the trees are situated.

SECTION 17. Supporting Documents – The application

SECTION 17. Supporting Documents – The application

shall be accompanied with the following supporting

shall be accompanied with the following supporting

documents:

documents:

(a) Any document that sufficiently identifies the applicant

(i.e.

(a)

Community/Residence

Any document that sufficiently identifies the applicant (i.e. Voters IDs, Driver’s License,

Certificates, Voters Ids, Driver’s License,

Barangay

Barangay I.D./Certificate);

government issued identification card);

(b) Proof of ownership or legal possession of

(b)

I.D/Certificate

or

any

valid

Proof of ownership or legal possession of

affected land (TCTs, OCTs, Tax Declaration,

affected land (TCTs, OCTs, Tax Declaration,

Tenancy/Leasehold

Tenancy/Leasehold

Agreement,

Transfer

Certificate from DAR, notarized Deeds of

Agreement,

Transfer

Certificate from DAR or CLOA, notarized

Conveyance or Mortgage, etc.);

Deeds of Conveyance or Mortgage, etc.); (c)

For undivided co-owned properties (pro indiviso), unsettled estates of deceased

persons,

and

estates

under

court

proceedings (en costudia legis), proof that the applicant is a co-owner or co-heir and the appropriate special power/letter of consent

of

co-owners,

or

letters

of

administration and authorization from the court where the proper probate or intestacy proceedings are pending. (c) Affidavit

that

encumbrance, claimant,

there lis

is

pendens,

mortgage

and

no third other

existing

(d)

party

Affidavit

that

there

is

no

existing

encumbrance, lis pendens, third party

similar

claimant,

mortgage

and

other

similar

circumstances involving the property.

circumstances involving the property.

For a property covered by any of the

For a property covered by any of the

circumstances mentioned in paragraph (c)

circumstances mentioned in paragraph (d)

above, the applicant shall submit the duly

above, the applicant shall submit the duly

notarized letter of consent to the application

notarized

from the mortgagee or person concerned.

application from the mortgagee or person

letter

of

consent

to

the

concerned. (d) Affidavit of marking and identification of

(e)

trees.

Affidavit of marking and identification of trees. No application for Permit to Cut coconut

trees

shall

be

accepted

and

approved without the necessary affidavit of marking and identification of trees to be cut. (e) Other

supporting

documents/certificates

(f)

Other supporting documents/certificates as

hereinafter required under these Rules and

may be required hereinafter under these

Regulations.

Rules and Regulations.

ARTICLE V – PROCESSING OF APPLICATION

ARTICLE V – PROCESSING OF APPLICATION

SECTION 18. Notice and Posting Requirements – The SECTION 18. Notice and Posting Requirements - The PCA Agriculturist shall cause the posting of the

PCA Agriculturist shall cause the posting of the

application in the barangay hall and in the site/area

application in the barangay hall and in the site/area

subject of application for seven (7) days and he shall

subject of application for seven (7) days and he shall

thereafter issue a certificate of posting indicating the

thereafter issue a certificate of posting indicating the

time and place of posting. The Certificate of Posting shall

time and place of posting. The Certificate of Posting shall

form part of the application.

form part of the application.

The expenses incurred for the posting shall be

The actual expenses incurred for the posting shall be

borne by the applicant. A copy of the certificate shall be

borne by the applicant. A copy of the certificate shall be

given to a representative of the PCA accredited farmers

given to a representative of the PCA accredited farmers

organization in the area.

organization in the area.

SECTION 19. Completeness of Application

SECTION 19. Completeness of Application

(a) The PCA Agriculturist shall determine the

(a) The PCA Agriculturist shall determine the

completeness of the application on its face

completeness of the application on its face

and its supporting documents.

and supporting documents.

(b) Applications failing to comply strictly with the

(b) Applications failing to comply strictly with the

requirements in the preceding articles shall

requirements in the preceding article shall not

not be processed and shall be returned to the

be processed and shall be returned to the

applicant with the corresponding notice

applicant with the corresponding notice

stating the reason/s thereto.

stating the reason/s thereto.

SECTION 20. Verification – Upon compliance with

SECTION 20. Verification – upon compliance with

preceding sections, the PCA Agriculturist shall:

preceding sections, the PCA Agriculturist shall:

(a) Verify the accuracy of the information

(a) Verify the accuracy of the information

contained in the application and supporting

contained in the application and supporting

documents and conduct the necessary field

documents and conduct the necessary field

and ocular inspection or investigation, as well

and ocular inspection or investigation, as well

as the consultations hereinafter required.

as the consultations hereinafter required.

(b) In compliance with Section 7 of the Act,

(b) In compliance with Section 7 of the Act,

inform

the

applicant,

tenant/s,

inform

the

applicant,

tenant/s,

representative/s of the organization in the

representative/s of the organization in the

area and the Barangay Chairman of the date

area and the Barangay Chairman of the date

and time set for inspection and invite them to

and time set for inspection and invite them to

attend as witnesses. Their non-appearance

attend as witnesses. Their non-appearance

after due notice shall be deemed as a waiver

after due notice shall be deemed as a waiver

to witness the inspection.

to witness the inspection.

(c) Conduct an inspection and verification of the

(c) Conduct an inspection and verification of the

existence or non-existence of the causes or

existence or non-existence of the causes or

circumstances to warrant the issuance or

circumstances to warrant the issuance or non-

non-issuance of a permit.

issuance of a permit.

SECTION 21. Consultations – Before the Agriculturist SECTION 21. Consultations - Before the Agriculturist may may make any final recommendation, he must further

make any final recommendation, he must further

satisfactorily show that:

satisfactory show that:

(a) Consultations have been made with – i.

(a) Consultations have been made with –

The farmer-tenants, tillers, regular worker

and

other

i.

The

owners,

farmer-tenants,

lawful

tillers, regular worker and other

occupants occupying or working

lawful occupants occupying or

on the subject farm;

working on the subject farm;

ii.

The Barangay Chairman;

ii.

The Barangay Chairman;

iii.

The Municipal Agrarian Reform

iii.

The Municipal Agrarian Reform

Officer/BARC Chairman; iv.

Officer/ BARC Chairman;

At least one (1) Small Coconut

iv.

At least one (1) Coconut Farmers

Farmers Organization (SCFO) or

Organization (CFO) or other PCA

other PCA recognized/accredited

recognized/accredited

organization or non-organization,

organization or non-government

whichever exists in the locality,

organization, whichever exists in

representing or promoting the

the

interest of the coconut farmers.

promoting the interests of the

locality,

representing

or

coconut farmers. (b) Proofs of actual consultation shall be in the

(b) Proofs of actual consultation shall be in the

form of individual Clearance to be issued by

form of individual Clearance to be issued by

the person or organization’s representative

the person or organization’s representative

mentioned in the preceding paragraph.

mentioned in the preceding paragraph.

SECTION 22. Evaluation (a) After

SECTION 22. Monitoring and Evaluation verification,

field

(a) After

verification,

field

inspection/investigation and consultation as

inspection/investigation and consultation as

provided herein, the PCA Agriculturist shall

provided herein, the PCA Agriculturist shall

prepare and submit to the Provincial Coconut

prepare and submit to the Provincial Coconut

Development Manager/Division Chief his

Development

recommendation on whether the application

recommendation on whether the application

should be granted or not, along with the

should be granted or not, along with the

reasons.

reasons thereof.

Manager/Division

Chief

his

(b) The affected applicant, tenant/tiller/regular

(b)The affected applicant, tenant/tiller/regular

farm workers shall be furnished a copy of the

farm workers shall be furnished a copy of the

evaluation report and recommendations.

evaluation report and recommendations.

(c) All Permits to Cut and Transport Permit

(c) All Permits to Cut and Transport Permit issued

issued under these rules shall be subject to a

under these rules shall be subject to a post

post evaluation to be conducted by the

evaluation, review and audit to be conducted

National

to

by the National Task Force of R.A 8048, to

determine and ensure compliance with the

determine and ensure compliance with the

Act and its IRR.

Act and its IRR. Hence, copies of all RA 8048

Task

Force

of

R.A.

8048,

approved

applications

and

supporting

documents must be submitted to the Central Office through the National Task Force 8048 to likewise effect proper monitoring. ARTICLE VI – PROTEST SECTION 23. Who May Protest – An applicant, tenant,

SECTION 23. Who May Protest – An applicant, owner,

tiller, regular farm worker or the farmers or non- co-owner, co-heir, tenant, tiller, regular farm worker or government organization acting for and in their behalf,

the farmers or non-government organization acting for

adversely affected by the findings and report of the PCA

and in their behalf, adversely affected by the findings

Agriculturist, may file a written protest with the PCA

and report of the PCA Agriculturist, may file a written

Regional Manager within five (5) days from receipt of

protest with the PCA Regional Manager within five (5)

such findings and report.

days from receipt of such findings and report.

SECTION 24. Grounds for Protest – Protest may be made

SECTION 24. Grounds for Protest – Protest may be made

on any of the following grounds:

on any of the following grounds:

(a) Where the findings and the recommendation

(a) Where the findings and the recommendation

are not in accordance with the Act or these

are not in accordance with the Act or these

Rules and Regulations;

Rules and Regulations;

(b) Where the findings and recommendations are attended by fraud, threat or coercion;

attended by fraud, threat or coercion;

(c) Misrepresentation or serious mistakes in the appreciation of facts;

Agriculturist; and the

(c) Misrepresentation on serious mistakes in the appreciation of facts;

(d) Grave abuse of discretion on the pat of the

(e) Where

(b) Where the findings and recommendations are

(d) Grave abuse of discretion on the part of the Agriculturist; and

implementation

of

the

(e) Where

the

implementation

of

the

recommendation will cause excessive injury

recommendation will cause excessive injury and

and unreasonable damage to the protesting

unreasonable damage to the protesting party.

party. SECTION 25. Hearing/Resolution

SECTION 25. Hearing/Resolution

(a) The Regional Manager shall have thirty (30) days

from

receipt

of

the

protest

(a) The Regional Manager shall have thirty (30)

to

days from the receipt of the protest to

immediately notify the parties, hear the

immediately notify the parties, hear the protest

protest and resolve the same. The whole

and resolve the same. The whole proceedings

proceeding shall not be bound by technical

shall not be bound by technical rules of

rules of procedure and evidence.

procedures and evidence.

(b) The contending parties shall submit their

(b) The contending parties shall submit their

respective sworn statements and other

respective

sworn

statements

and

other

documentary evidence in support of or in

documentary evidence in support of or in reply

reply to the protest, which shall be the basis

to the protest, which shall be the basis for the

for the resolution.

resolution.

SECTION 26. Appeal – Any party affected by the

SECTION 26. Appeal – Any party affected by the

Resolution shall within ten (10) days from receipt of the

Resolution shall, within ten (10) days from receipt of the

Resolution of the Regional Manager, may appeal the

Resolution of the Regional Manager, may appeal the

same to the Office of the Administrator who shall in turn

same to the Office of the Administrator who shall in turn

resolve the appeal within thirty (30) days from receipt resolve the appeal within thirty (30) days from receipt thereof.

The

the

thereof. The resolution of the Office of the Administrator

Administrator shall be final and executory for the

shall be final and executory for the purposes of the

purposes of issuance or non-issuance of permit to cut

issuance or non-issuance of permit to cut under these

under the Rules.

Rules and Regulations.

SECTION 27. Reports – All records and documents of

SECTION 27. Reports – All records and documents of

protests, appeals, actions and resolutions by the

protests, appeals, actions and resolutions by the

Regional Manager shall be transmitted to the PCA

Regional Manager shall be transmitted to the PCA

Administrator

Administrator

conclusion.

resolution

within

of

fifteen

the

(15)

Office

days

of

from

its

conclusion.

within

fifteen

(15)

days

from

its

ARTICLE VII – ISSUANCE OF PERMIT TO CUT

ARTICLE VI – ISSUANCE OF PERMIT TO CUT

SECTION 28. Approving Authority – The Permit to Cut

SECTION 28. Approving Authority – The Permit to Cut

may be issued after the review of the recommendations

may be issued after the review of the recommendations

of the PCA Agriculturist that may be adopted or

of the PCA Agriculturist that may be adopted or modified

modified by the approving and issuing authorities

by the approving and issuing authorities hereinafter

hereinafter provided:

provided:

(a) PCDM/Division Chief – 1 to 1,000 trees

(a)

PCDM/Division Chief – 1-1000 trees

(b) Regional Manager – 1,001 to 2,500 trees

(a)

Regional Manager – 1,001 to 2,500 trees

(c) PCA Administrator or in his absence, the

(b)

PCA Administrator or in his absence, the

Chairman of the Task Force – 2,501 trees or

Chairman of the Task Force - 2,501 trees or

more.

more.

To prevent circumvention of the aforementioned To prevent circumvention of the aforementioned approving and issuing authorities, only one (1)

approving and issuing authorities, only one (1) permit to

permit

same

cut shall be issued for the same purpose/ground

purpose/ground covering a particular land/area.

covering a particular land/area. Splitting of the Permit to

Splitting of the Permit to Cut is not allowed.

Cut is not allowed.

shall

be

issued

for

the

SECTION 29. Form and Validity of Permit to Cut – The SECTION 29. Form and Validity of Permit to Cut – The Permit to Cut shall be in serialized form containing the

Permit to cut shall be in serialized form containing the

name of the grantee, grounds for its issuance, the

name of the grantee, grounds for its issuance, the

number of trees to be cut, the date of cutting, the area

number of trees to be cut, the date of cutting, the area

or

or locality, the validity period and such other information

locality,

the

validity

period

information as may be required.

and

such

other

as may be required.

The Permit to Cut shall be valid for not more than The validity of the permit to cut issued to the applicants fifteen (15) days, without extension.

shall be based on the number of coconut trees approved for cutting. As such, the following validity periods from date of issuance with the corresponding number of trees are prescribed: i.

Five (5) days

-

1

-

101

to

100

coconut trees ii. Ten (10) days

to

500

coconut trees iii. Fifteen (15) days

- 501 to 1,500

coconut trees iv. Twenty (20) days coconut trees

- 1,501 to 2,500

v. Twenty-five (25) days - 2,501 to 5,00 coconut trees vi. Thirty (30) days

- 5,001 or more

coconut trees The specific effectivity date that corresponds to the number of coconut trees approved for cutting is without any extension, and should be clearly specified in the approved PTC of the applicant. SECTION 30. Copy Furnished Persons/Groups – Once SECTION 30. Copy Furnished Persons/Groups – Once released to the applicant, the issuing officer shall furnish

released to the applicant, the issuing officer shall furnish

copies of the permit to the following:

copies of the permit to the following:

i.

Barangay Chairman;

i.

Barangay Chairman;

ii.

Tenant, if applicable; and

ii.

Tenant, if applicable; and

iii.

Regional Office

iii. Regional Office

SECTION 31. Date and Time of Cutting – The recipient of SECTION 31. Date and Time of Cutting – The recipient of the Permit to Cut shall inform the PCDM/Division Chief the Permit to Cut shall inform the PCDM/Division Chief or PCA Agriculturist of the date and time of cutting and

or PCA Agriculturist of the date and time of cutting and

the latter shall do the necessary spot-checking of the

the latter shall do the necessary spot-checking of the

actual cutting.

actual cutting.

SECTION 32. Delegation of Authority to Grant Permits

SECTION 32. Delegation of Authority to Grant Permits

(a) In conjunction with Section 6 of the Act, the

(a) In conjunction with Section 6 of the Act, the

authority to grant permit to cut under these

authority to grant permit to cut under these

Rules may be delegated to the City or

Rules may be delegated to the City or Municipal

Municipal Mayor as the need arises and shall

Mayor as the need arises and shall be initiated

be initiated under any of the following

under any of the following circumstances:

circumstances: i.

upon the request of the City or

i.

upon the request of the City or

Municipal Mayor; ii.

Municipal Mayor;

at the discretion of the PCA

ii.

at

Administrator; or iii.

farmer

discretion

of

the

PCA

Administrator; or

upon the endorsement of PCA accredited

the

or

iii.

upon the endorsement of PCA

non-

accredited

government organization.

farmer

or

non-

government organization.

Provided, that in the exercise of such

Provided, that in the exercise of such delegated

delegated authority, the City or Municipal

authority, the City or Municipal Mayor shall

Mayor shall abide by the mandatory

abide

standards and requisites prescribed in

requisites prescribed in these rules that shall be

these rules that shall be verified and

verified and certified by the PCA Regional

certified by the PCA Regional Manager.

Manager.

by

the

mandatory

standards

and

(b) The Administrator may, at any time, recall the

(b) The Administrator may, at any time, recall

herein delegated authority upon showing

herein delegated authority upon showing that

that the same is being dispensed with

the same is being dispensed with contrary to

contrary

criteria

the standards or criteria prescribed in these

prescribed in these Rules and Regulations, or

Rules and Regulations, or for other compelling

for other compelling reasons in the interest

reasons in the interest of the coconut industry.

to

the

standards

or

of the coconut industry. ARTICLE VIII – COLLECTION AND REMITTANCE

ARTICLE VII – COLLECTION AND REMITTANCE

SECTION 33. Payment of fees – Payment of fees SECTION 33. Payment of fees – Payment of fees authorized under these rules shall be made to the

authorized under these rules shall be made to the

PCDM/Division Chief who shall issue the corresponding

PCDM/Division Chief who shall issue the corresponding

receipt.

official receipt.

SECTION 34. Remittance

SECTION 34. Remittance

(a) All

fees

herein

collected

by

the

(a) All fees herein collected by the PCDM/Division

PCDM/Division Chief shall be deposited

Chief shall be deposited immediately with the

immediately with the nearest Land Bank of

nearest Land Bank of the Philippines branch or

the Philippines branch or other government

other government depository bank in their area

depository

of

of responsibility. The same shall be remitted to

responsibility. The same shall be remitted to

the PCA Regional Office for proper accounting

the

thereof in accordance with existing COA rules

PCA

accounting

bank

in

Regional thereof

there Office

in

area for

proper

accordance

with

and regulations.

existing COA rules and regulations. (b) The Regional Office shall hold in trust the

(b) The Regional Office shall hold in trust the share

share of the fees accruing in favor of the

of fees accruing in favor of the beneficiaries

beneficiaries and for the purposes authorized

and for the purposes authorized in Section 5 of

in Section 5 of the Act.

the Act.

(c) Within three (3) months from receipt of

(c) Within three (3) months from receipt of

remittances, the PCDM/Division Chief shall

remittances, the PCDM/Division Chief shall

prepare the voucher in favor of the Municipal

prepare the voucher in favor of the Municipal

Treasurer of the local government unit for

Treasurer of the local government unit for

remittances of the share in the fees. The

remittance of their share in the fees. The

voucher and the check shall be approved and

voucher and the check shall be approved and

signed by the Regional Manager.

signed by the Regional Manager.

(d) The Regional Offices shall likewise submit a quarterly

consolidated

Administrator,

indicating

report

to

the

the

status

of

collection of fees therein.

(d) The Regional Offices shall likewise submit a quarterly

consolidated

Administrator,

indicating

report

to

the

the

status

of

collection of fees therein.

(e) All collections allotted for the PCA shall be

(e) All collections allotted for the PCA shall be used

used to implement its replanting program in

to implement its replanting program in the

the region from where the fees were

region from where the fees are collected

collected

of

including the costs of implementation of the

implementation of the Act, subject to the

Act, subject to the approval by the PCA

approval by the PCA Administrator of the

Administrator of the proposed expenditures.

including

proposed expenditures.

the

costs

ARTICLE IX – PROGRAM MONITORING SECTION 35. Responsibility of PCA, LGUs, and Farmers

SECTION 35. Responsibility of PCA, LGUs, and FARMER’S

Organizations

ORGANIZATIONS

(a) The PCA through its Regional Managers shall

(a) The PCA through its Regional Managers shall be

be principally responsible for the formulation

principally responsible for the formulation of

of specific programs and projects involving

specific programs and projects involving the

regulation

of

regulation of indiscriminate cutting of coconut

coconut trees, to be assisted by the Action

trees, to be assisted by the Action Officers of

Officers of Task Force R.A. 8048.

Task Force R.A 8048.

of

indiscriminate

cutting

(b) In the formulation of such programs and in

(b) In the formation of such programs and in the

the implementation of this Act, the PCA shall

implementation of this Act, the PCA shall

consult

consult

and

enlist

the

assistance

and

and

enlist

the

assistance

and

participation of the Department of Interior

participation of the Department of Interior and

and Local Government (DILG) and other

Local

government agencies, the Small Coconut

government agencies, the Coconut Farmers

Farmers Organization (SCFOs) and other PCA-

Organization (CFOs) and other PCA-accredited

accredited

farmers/non-government

organizations,

farmers/non-government in

conducting

nationwide

Government

(DILG)

and

other

organizations,

in

conducting nationwide surveys of the cutting of

surveys of the cutting of coconut trees and

coconut

trees

and

affected

areas

and

affected areas and establishment of a data

establishment of a data base relating thereto.

base relating thereto. (c) To strengthen coordination with the LGUs and other Government Agencies and NGOs, the RMs, PCDMs/Division Chiefs and Agriculturists must attend all meetings conducted by the Barangay, Municipal, Provincial and Regional Development information industry

Council; regarding

situation

to the

disseminate local

particularly

coconut

the

PCA’s

campaign for the strict implementation of RA 8048, as amended. (d) The

RMs,

PCDMs/Division

Chiefs

and

Agriculturists must coordinate regularly with the law enforcement agencies, such as the PNP, AFP, Maritime Industry Authority (MARINA); and the LGUs (SCFO) in their respective area of jurisdiction for the proper implementation of the law.

ARTICLE VIII – PROGRAM MONITORING SECTION 36. Report of Violations – The PCA Agriculturist SECTION 36. Report of Violations – The PCA Agriculturist or any member of Small Coconut Farmers Organization

or any member of Small Coconut Farmers Organizations

(SCFOs)

(SCFOs)

and

other

PCA-accredited

farmers/non-

and

other

PCA-accredited

farmers/non-

government organizations, shall inquire into all incidents government organizations, shall inquire into all incidents of perceived violations of the Act and these Rules, by of perceived violations of the Act and these Rules, by conducting spot-investigations or verifications thereof. The Barangay Chairman, City or Municipal Mayor

conducting spot-investigations or verifications thereof. The Barangay Chairman, City or Municipal Mayor or law

or law enforcement agents shall be immediately enforcement agents shall be immediately informed of informed of the incident for their appropriate preventive such incident/s for their appropriate preventive action. action. The PCA Agriculturist shall submit a complete

The PCA Agriculturist shall submit a complete report of

report to the concerned PCDM/Division Chief, copy

all such incidents to the concerned PCDM/Division Chief,

furnished the Regional Manager.

copy furnished the Regional Manager.

SECTION 37. Filing of the Complaint – Any criminal SECTION 37.

Filing of the Complaint – Any criminal

complaint for violations of Sec. 5 of RA 8048 may be

complaint for violations of Sec. 5 of RA 8048 may be

initiated by the PCA Agriculturist or other authorized

initiated by the PCA Agriculturist or other authorized

employee, member of the PNP and any person who has

employee, member of the PNP and any person who has

personal knowledge of the facts constituting the

personal knowledge of the facts constituting the

violation of R.A. 8048 and its IRR.

violation of R.A 8048, as amended, and its IRR.

It can be commenced by filing a formal sworn It shall be commenced by filing a formal sworn complaint complaint before the Office of the Provincial or City

before the Office of the Provincial or City Prosecutor

Prosecutor, or at the Municipal Trial Court of the place

having jurisdiction of the place where the violation was

where the violation thereof was committed. All private committed. All private complainants shall avail of the complainants can avail of the assistance of the PCA

assistance of the PCA employees and the PNP Station of

employees and the PNP Station of the place where the

the place where the violation was committed, in the

violation was committed, in the preparation and filing of

preparation and filing of the necessary complaint for

the necessary complaint for violation of this Act.

violation of this Act. In case of complaint filed against PCA personnel, the concerned RM/PCDM/Division Chief/Agriculturist must report the same immediately to the Office of the Administrator (OFAD) and/or Chairman of National Task Force of RA 8048 for immediate legal assistance. The report must be accompanied with complete details of the case/complaint and the necessary documents, if any.

SECTION 38. Transport Permit (a) For

the

SECTION 38. Transport Permit

effective

the

(a) For the effective monitoring of the movement

movement and transport of coconut logs or

and transport of coconut logs or lumber,

lumber, transporters shall be required to

transporters shall be required to secure the

secure the necessary Transport Permit from

necessary Transport Permit from the PCA

the PCA Provincial Office having jurisdiction

Provincial Office having jurisdiction over the

over the point of origin of the coconut logs or

point of origin of the coconut logs or lumber.

lumber. The Transport Permit shall indicate,

The Transport Permit shall indicate, among

among

the

others, its validity date, the destination, the

destination, the mode of transport to be used

mode of transport to be used including the

including the plate number/s of vehicle/s to

plate number/s of vehicle/s to be used, the

be

measurement and corresponding number of

others,

used,

its

the

monitoring

validity

of

date,

measurement

and

corresponding number of lumber pieces.

lumber pieces.

(b) A Transport Permit fee based on the vehicle

(b) A Transport Permit fee based on the vehicle to

to be used to transport coconut lumbers/logs

be used to transport coconut lumbers/logs

covered by one Permit to Cut, shall be

covered by one Permit to Cut, shall be collected

collected from the applicant upon filing of the

from the applicant upon filing of the request or

request or application for a Transport Permit,

application for a Transport Permit, based on the

based on the following rates:

following rates:

i.

Smaller than jeep – PhP 50.00

i. Smaller than jeep

-

ii. Jeep – PhP 300.00

ii. Jeep -

iii. Elf or Six-Wheeler Truck – PhP 700.00

iii. Elf or Six-Wheeler Truck

iv. Ten-Wheeler Truck – Php 1,500.00

iv. Ten-Wheeler Truck

v. Closed Van – PhP 1,500.00

v. Closed Van

vi. Trailer Truck – PhP 2,000.00

vi. Trailer Truck The

approved

Php 50.00 PhP 300.00 -Php 700.00 -Php 1,500.00

- PhP 1,500.00 PhP 2,000.00 transport/transshipment

permit should be accompanied with an original copy of the Certificate of Origin (CO) duly signed by the Agriculturist or the PCDM having jurisdiction over the point of origin of the coconut logs or lumber; to serve as safety net in order to avoid recycling of such document. (c) Any transport or movement of coconut logs

(c) Any transport or movement of coconut logs or

or lumber shall at all times be covered by the

lumber shall at all times be covered by the

original copy of the Permit to Cut and

original copy of the Permit to Cut and Transport

Transport

originals,

Permit. Duplicate originals, machine or Xerox

machine or Xerox copies of Permit to Cut or

copies of Permit to Cut or Transport Permit

Permit.

Duplicate

Transport Permit shall not be valid proofs of

shall not be valid proofs of compliance with the

compliance with the Act.

Act.

ARTICLE X – REGISTRATION

ARTICLE IX – REGISTRATION

SECTION 39. Applicability of PCA Administrative Orders

SECTION 39. Applicability of PCA Administrative

No. 01, Series of 1982 and 2003.

Orders No. 01, Series of 1982, 2003 and 2009 , as Amended by PCA Administrative Order No. 01-A Series of 2009.

(a) Pursuant to Section 7 of the Act, the

(a) Pursuant to Section 7 of the Act, the

registration of persons and entities dealing

registration of persons and entities dealing

with coconut products in accordance with

with coconut products in accordance with

PCA Administrative Orders No. 01, series of

PCA Administrative Orders No. 01, series of

1982 and 2003, shall, except as hereinafter

1982, 2003 and 2009 as amended by PCA

provided, be applicable to operators of

Administrative Order No 01-A, series of 2009,

sawmills,

shall, except as hereinafter provided, be

lumberyards,

processors

and

dealers of coconut wood products. Provided,

applicable

however, that registration under this Section

lumberyards, processors

shall not be issued to sawmills and lumber

coconut wood products. Provided, however,

processors

been

that registration under this section shall not

withdrawn or cancelled by the Department of

be issued to sawmills and lumber processors

Environment and Natural Resources (DENR).

whose licenses have been withdrawn or

whose

license

have

cancelled

to

operators

by

the

of

and

sawmills, dealers

Department

of

of

Environmental and Natural Resources (DENR). (b) For purposes of these Rules and Regulations

(b) For purposes of these Rules and Regulations

only, the rate of registration fee based on

only, the rates of registration fee based on

authorized capitalization provided for in PCA

authorized capitalization provided for in PCA

Administrative Order No. 01, Series of 2003,

Administrative Order No. 01, Series of 2009,

are hereby amended as follows:

as amended by AO 01-A, series of 2009, are hereby amended as follows:

Less than PhP 1,000,000.00 New

PhP 1,000.00

Renewal PhP 1,000,000.00 up to 5,000,000.00 over PhP 5,000,000.00

New

New

500.00

PhP 3,000.00

Renewal

1,500.00

PhP 5,000.00

Renewal

Less than PhP 1,000,000.00

2,500.00

New Renewal

PhP 1,000,000.00 up to 5,000,000.00 Over PhP 5,000,000.00

New Renewal New Renewal

PhP 1,000.00 500.00 PhP 3,000.00 1,500.00 PhP 5,000.00 2,500.00

(c) For purposes of these Rules and Regulations only

(c) For purposes of these Rules and Regulations

sawmills and lumberyards, as well as coconut wood

only, sawmills and lumberyards, as well as

dealers and other persons or entities dealing in the

coconut wood dealers and other persons or

processing or sawing of coconut trees, shall register

entities dealing in the processing or sawing of

annually with the PCA Provincial Office where they

coconut tress, shall register annually with the

operate or conduct business.

PCA Provincial Office where they operate or conduct

business.

Those

operating

in

Metropolitan Manila shall register with the PCA Region I-IV-B regional office in Quezon City.

SECTION 40. Annual Registration of Power

SECTION

saws/Chainsaws with the PCA

Powersaws/Chainsaws with the PCA

(a) Immediately upon the effectivity of these

40.

(a)

Annual

Registration

of

All power saws and or chainsaws intended

Rules, all power saws and or chainsaws

for the cutting of coconut trees shall,

intended for the cutting of coconut trees shall

notwithstanding prior registration with the

be individually registered by their owners

Department of Environment and Natural

with any PCA Provincial Office, to be renewed

Resources (DENR) under Republic Act No.

by December of each year.

9175 (Chainsaw Act), be registered with any PCA Provincial Office, to be renewed by December of each year.

(b) Registration fees: i.

(b) Registration fees:

Original registration – PhP 1,000.00

i.

Original registration – PhP 1,000.00

ii. Renewal fee – PhP 500.00

ii. Renewal fee – PhP 500.00

iii. Late registration shall incur a surcharge of

iii. Late

registration

shall

incur

a

surchargeof 50% of the current year’s

50% of the current year’s rate.

rate. iv. Renewal after a year or more of non-

iv. Renewal after a year or more of non-

renewal shall be treated as an original

renewal shall be treated as an original

registration.

registration.

(c) The PCDM/Division Chief shall record the

(c) The PCDM/Division Chief shall record the

serial number of each power saw/chainsaw

serial number of each power saw/chainsaw

registered

corresponding

registered and issue the corresponding

registration receipts and sticker that shall be

registration receipts and sticker that shall

attached to the registered unit.

be attached to the registered unit.

and

issue

the

(d) Unregistered power saw/chainsaw used in

(d) Power saw/chainsaw which is unregistered

the cutting and ripping of coconut trees

with PCA and used in the cutting and ripping

covered by a valid permit to cut shall be

of coconut trees covered by a valid permit

impounded and shall be released to the

to cut shall be impounded and shall be

owner only upon payment of the registration

released to the owner only upon payment

fee and a fine of Fifteen thousand pesos (PhP

of the registration fee and a fine of Fifteen

15,000.00) per unit. These shall be without

Thousand Pesos (PhP 15,000.00) per unit.

prejudice to the liability of the owner or used

These shall be without prejudice to the

under Republic Act. No. 9175, otherwise

liability of the owner or user under the

known as the Chainsaw Act.

Chainsaw Act.

(e) Regardless

of

registration,

power

(e) Regardless of registration with PCA and/or

saws/chainsaws used in the illegal cutting of

DENR, all power saws/chainsaws used in the

coconut trees shall be confiscated in favor of

illegal cutting of coconut trees shall be

the government pursuant to Section 7 of the

confiscated in favor of the government

Act.

pursuant to Section 7 of the Act and Article 45 of the Revised Penal Code.

SECTION 41. Coordination with Local Government Units

SECTION 41. Coordination with Local Government Units

and Other Agencies

Other Agencies

(a) To update the PCA of the existence, identity

(a) The PCDM/Division Chief shall from time to

and operations of sawmills, lumberyards,

time consult with the City or Municipal

processors and dealers of coconut wood

Mayors or other agencies such as the

products in the area of his jurisdiction, the

Department of Trade and Industry-Bureau

PCDM/Division Chief shall from time to time

of Domestic Trade (DTI-BDT), the Securities

consult with the City or Municipal Mayors or

and

other agencies such as the Department of

Bureau of Internal Revenue (BIR) to update

Trade and Industry – Bureau of Domestic

the PCA of the legal existence, identity and

Trade (DTI-BDT), the Securities and Exchange

operations

Commission (SEC), the Bureau of Internal

processors and dealers of coconut wood

Revenue (BIR) and seek such information

products in the area of his jurisdiction, and

relevant in the investigation or prosecution of

seek such information relevant in the

violators of the Act or these Rules.

investigation or prosecution of violators of

Exchange

of

Commission

sawmills,

(SEC),

the

lumberyards,

the Act or these Rules and Regulations. (b) In the event that the persons or entities in

(b) In the event that the persons or entities in

the preceding sections are found to have

the preceding sections are found to have

violated any provision of the Act or these

violated any provision of the Act or these

Rules, the PCA may recommend to the

Rules and Regulations, the PCA may

appropriate agencies the cancellation of their

recommend to the appropriate agencies

registrations and other sanctions authorized

the cancellation of their registrations

by law, charters or municipal ordinances.

and/or other sanctions authorized by law, charters or municipal ordinances.

ARTICLE XI – ENFORCEMENT

ARTICLE X – ENFORCEMENT SECTION 42. Police Powers – The PCA Administrator, Chairperson of Task Force RA 8048, Regional Managers, Provincial Coconut Development Managers and Coconut Development Officers, and other PCA personnel who may hereafter be designated, shall be vested with the authority to exercise duly delegated police powers for the proper performance of their functions and duties concurrent and coextensive with their respective jurisdictions, to wit: (a) Investigate suspected violations of this Act; (b) Arrest and apprehend any person actually committing or attempting to commit an offense under this Act; (c) Arrest and apprehend possessor of coconut lumber without the necessary permit as required under this Act; (d) Search and seize a moving vehicle with illegally cut, gathered, collected or removed coconut lumber: Provided , 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 on the matter; (f) Confiscate and forfeit in favor of the government the illegally cut, gathered, collected,

removed,

possessed

or

abandoned coconut lumber, as well as the machinery, equipment, implements and tools illegally used in the commission of the offense and to dispose of the same in accordance with pertinent laws, rules, regulations or policies on the matter; and

(g) Seek the assistance of the police, local government

officials

and

other

law

enforcement agencies for the efficient and effective implementation of this Act.”

SECTION 42. Deputation of Members of the Philippine

SECTION 43. Deputation of Members of the Philippine

National Police

National Police

All members of the Philippine National Police All members of the Philippine National Police (PNP) and (PNP) and other law enforcement agencies nationwide

other law enforcement agencies nationwide are hereby

are hereby deputized to assist in the enforcement of the

deputized to assist in the enforcement of the Act and

Act and these Rules and Regulations by investigating,

these

apprehending and causing the prosecution of violators

apprehending and causing the prosecution of violators

thereof. By this deputation, they may spot-check the

thereof. By this deputation, they may spot-check the

cutting, transportation and stockpiling of coconut trees,

cutting, transportation and stockpiling of coconut trees,

logs or lumber.

logs or lumber to ascertain compliance with this Act and

Rules

and

Regulations

by

investigating,

its IRR. SECTION 43. Deputation of Small Coconut Farmers

SECTION 44.

Organizations

Organizations

(SCFOs)

Recognized/Accredited

and

other

PCA-

Farmers/Non-Government

Organization (NGOs)

Deputation of Coconut Farmers (CFOs)

and

Other

PCA-

Recognized/Accredited Farmers or Non-Government Organizations (NGOs)

Upon their application duly endorsed by the

Upon

their

application

duly

endorsed

by

the

PCDM/Division Chief, members of the Small Coconut

PCDM/Division Chief, members of Coconut Farmers

Farmers Organizations (SCFOs) and/or other PCA

Organizations

recognized/accredited organizations

may

farmers be

or

(CFOs)

non-government recognized/accredited

deputized

by

the

PCA

organizations

may

and/or

farmers be

or

deputized

other

PCA

non-government by

the

PCA

Administrator to assist in the enforcement of the act and Administrator to assist in the enforcement of the act and these

Rules,

particularly

in

the

monitoring, these

Rules

and

Regulations,

particularly

in

the

apprehension, confiscation and prosecution aspects of

monitoring, apprehension, confiscation and prosecution

RA 8048 implementation.

aspects of RA 8048 implementation.

SECTION 44. Confiscation

SECTION 45. Confiscation

(a) Any felled coconut tree or lumber found to

(a) Any felled coconut tree or lumber found to

be without the required Permit to Cut from

be without the required Permit to Cut from

the PCA is hereby deemed illegally cut.

the PCA is hereby deemed illegally cut.

(b) The PCA or the PNP and other law enforcement

agencies

shall

confiscate

(b) The PCA or the PNP and other law enforcement

agencies

shall

confiscate

illegally cut coconut trees, logs or lumber,

illegally cut coconut trees, logs or lumber,

intercept their transportation, impound the

intercept their transportation, impound the

vehicles used for the same and issue the

vehicles used for the same and issue the

necessary receipts therefore and shall file the

necessary receipts therefore and shall file

necessary complaint in the appropriate court

the necessary complaint in the appropriate

for violation of the law, rules and regulations

court for violation of the law, rules and

prohibiting the unauthorized cutting of

regulations prohibiting the unauthorized

coconut trees.

cutting of coconut trees.

(c) Vehicles

impounded

for

the

first

time

(c) Vehicles impounded for the first time

pursuant to the preceding paragraph shall be

pursuant to the preceding paragraph shall

released by the PCA to their owners after

be released by the PCA to their owners after

they have sufficiently shown that they had no

they have sufficiently shown that they had

complicity in the illegal cutting of coconut

no complicity in the illegal cutting of

trees, logs or lumber confiscated.

coconut trees, logs or lumber confiscated.

(d) A vehicle owned or operated by a person or

(d) A vehicle owned or operated by a person or

group found to have been used to transport

group found to have been used to transport

illegally cut coconut trees, logs or lumber

illegally cut coconut trees, logs or lumber

prior

prior to the current apprehension or

to

the

impounding,

current shall

apprehension

remain

or

impounded

impounding,

remain

regardless

shall

non-

operator shall have sufficiently proven non-

involvement in the illegal cutting of coconut

involvement in the illegal cutting of coconut

trees, and shall be released only upon filing of

trees, and shall be released only upon filing

a petition in the court where the legal action

of a petition in the court where the legal

was filed and upon filing/payment by the

action was filed and upon filing/payment by

owner or operator of a release bond as the

the owner or operator of a release bond as

court may determine.

the court may determine.

sufficiently

proven

whether

the

impounded

regardless of whether the owner or operator have

of

shall

owner

or

SECTION 45. Custodial Disposition

SECTION 46. Custodial Disposition

(a) Subject to the provisions of the preceding

(a) Subject to the provisions of the preceding

section, the illegally cut coconut trees, logs or

section, the illegally cut coconut trees, logs

lumber and the instruments and tools used in

or lumber and the instruments and tools

their

are

used in their cutting and transport, which

confiscated by the PNP and other law

are confiscated by the PNP and other law

enforcement agencies, shall be deposited in

enforcement agencies, shall be deposited in

the nearest PNP station or detachment or in

the nearest PNP station or detachment or in

the nearest barangay or municipal premises.

the

cutting

and

transport,

which

nearest

barangay

or

municipal

premises. (b) The confiscated logs or lumber, instruments, tools

and

recorded,

tools and vehicles shall be recorded,

inventoried and duly receipted for by the

inventoried and duly receipted for by the

proper police officer or the authorized

proper police officer or the authorized

barangay or municipal official. The report of

barangay or municipal official. The report of

such confiscation and custodial disposition

such confiscation and custodial disposition

shall

shall

be

vehicles

shall

immediately

be

(b)The confiscated logs or lumber, instruments,

made

to

the

be

immediately

made

to

the

PCDM/Division Chief of the nearest PCA

PCDM/Division Chief of the nearest PCA

Provincial Office and to the PNP Station

Provincial Office and to the PNP Station

Commander in case the apprehending person

Commander in case the apprehending

is a PNP officer.

person is a PNP officer. The illegally cut coconut trees, logs or lumber shall be turned over by the PNP to the PCA Regional or Provincial Office for proper accounting and disposal, unless the PCA authorized official concerned shall decide otherwise on account of distance and/or lack of storage facilities.

(c) To prevent wastage caused by deterioration

(c) To prevent wastage caused by deterioration

or rotting during the pendency of litigation

or rotting during the pendency of resolution

and subject to the approval of the public

or litigation, the PCDM shall, within fifteen

prosecutor or the court before which the

days (15) days from confiscation or receipt

case for violation of the Act is pending, the

in custody of the confiscated lumbers,

PCDM/Division Chief may, with notice to the

ascertain and certify as to the condition of

barangay chairman and the municipal or city

the same, and if merchantable, ask written

mayor concerned, conduct a public auction to

permission from the public prosecutor or

sell and dispose of the illegally cut coconut

the court with conformity of the offender

trees, logs or lumber.

for the conduct of a public auction to sell and dispose of the illegally cut coconut

The PCDM/Division Chief shall post a

trees, logs or lumber.

written notice of the time and place of the same in three (3) conspicuous public

Lumber dealers duly registered with the

places where the sale is to take place at

PCA Provincial Office, the barangay captain

least fifteen (15) days before the date of

and municipal mayor concerned shall be

auction. The proceeds of the sale shall be

notified of the place and time of the auction

deposited in trust with the nearest Land

within ten (10) days before the date of said

Bank of the Philippines branch for

auction. Written notices shall likewise be

disposition of PCA, after final resolution

posted in three (3) conspicuous public

or judgment in the case. In the event that

places where the sale is to take place. The

the offender is found guilty, the proceeds

coco lumbers or logs shall be awarded to

of the sale shall be forfeited in favor of

the highest bidder on as is where is basis.

the government thru PCA.

The proceeds of the sale shall be deposited in trust with the nearest Land Bank of the Philippines branch for disposition of PCA, after final resolution or judgment in the case. In the event that the offender is found guilty, the proceeds of the sale shall be forfeited in favor of the government thru PCA.

(d) Confiscated coconut lumbers, which are

(d) Confiscated coconut lumbers, which are

unclaimed or abandoned for a period of thirty

unclaimed or abandoned for a period of

(30) days, shall thereafter be summarily

thirty

disposed of by PCA and the proceeds thereof,

summarily disposed of by

if any, shall be used for the implementation

proceeds thereof, if any, shall be used for

of this Act.

the implementation of this Act.

(30)

days,

shall

thereafter

be

PCA and the

ARTICLE XII – PENAL PROVISIONS, FORFEITURE AND

ARTICLE XI – PENAL PROVISIONS, FORFEITURE

DISPOSITION

AND DISPOSITION

SECTION 46. Penalties – The provision on Penalties SECTION 47. Penalties – The provision on Penalties under Section 8 of the Act is hereby adopted in toto and

under Section 9 of Republic Act 10593 is hereby adopted

declared an integral part of these Rules.

en toto and declared an integral part of these Rules and

Regulations. Accordingly, any PCA officer and employee or Barangay officials, who after investigation, are found to have connived or participated in the act violating any provisions of the Law and its IRR shall be charged either administratively and/or criminally, and shall be meted with appropriate penalty. Likewise, remission of duty or negligence on the part of the PCA officer and employee in strictly implementing RA 8048, as amended and its IRR shall be properly dealt with in accordance with the Civil Service Rules and Regulations. SECTION 47. Forfeiture – Pursuant to Article 45 of the SECTION 48. Forfeiture – Pursuant to Article 45 of the Revised Penal Code, the penalties of imprisonment and Revised Penal Code, the penalties of imprisonment and fine under Section 8 of the Act shall carry with them the

fine under Section 8 of the Act shall carry with them the

forfeiture in favor of the Government of the illegally cut

forfeiture in favor of the Government of the illegally cut

coconut trees, logs or lumber, and the instruments or

coconut trees, logs or lumber, and the instruments or

tools employed in their cutting unless they be the

tools employed in their cutting unless they be the

property of a third person not liable for the offense.

property of a third person not liable for the offense.

SECTION 48. Final Disposition – The illegally cut coconut SECTION 49. Final Disposition – The illegally cut coconut tree, logs or lumber forfeited in favor of the Government trees, logs or lumber forfeited in favor of the shall be disposed of in accordance with the prioritization

Government shall be disposed of in accordance with the

set forth in Memorandum Order No 162, series of 1993

prioritization set forth in Memorandum Order No. 162,

as amended by Memorandum Order No 284 of the

series of 1993 as amended by Memorandum Order No.

President dated June 5, 1995.

284 of the President dated June 5, 1995.

Accordingly, in the event that two (2) or more

Accordingly, in the event that two (2) or more

parties are requesting for disposition, priority shall be

parties are requesting for disposition, priority shall be

given in the following order:

given in the following order:

(a) Needy victims of disaster as certified by DSWD;

(a) Needy victims of disaster as certified by DSWD;

(b) The DPWH projects related to the restoration

(b) The DPWH projects related to the restoration

of public facilities such as bridges, roads, etc.,

of public facilities such as bridges, roads, etc.,

in times of emergencies, calamities and

in times of emergencies, calamities and

disasters and pursuant to Memorandum of

disasters and pursuant to a Memorandum of

Agreement to be entered into between PCA

Agreement to be entered into between PCA

and DPWH;

and DPWH;

(c) School building programs of the Department

(c) School building programs of the Department

of Education (DepEd) and those undertaken

of Education (DepEd) and those undertaken

by the Department of National Defense

by the Department of National Defense

(DND)/AFP Engineering Brigade;

(DND)/AFP Engineering Brigade;

(d) Health centers as may be requested by the

(d) Health centers as may be requested by the

Department of Health (DOH) and the local

Department of Health (DOH) and the local

government unit (LGU) concerned;

government unit (LGU) concerned;

(e) Public markets as may be requested by the LGU concerned; (f) Municipal buildings as may be requested by the LGU concerned; (g) Police stations as may be requested by the PNP and LGU concerned;

(e) Public markets as may be requested by the LGU concerned; (f) Municipal buildings as may be requested by the LGU concerned; (g) Police stations as may be requested by the PNP and LGU concerned;

(h) AFP camps as may be requested by the DND;

(h) AFP camps as may be requested by the DND;

(i) The National Housing Authority (NHA) for the

(i) The National Housing Authority (NHA) for the

implementation of the housing program for

implementation of the housing program for

low-salaried government employees and

low-salaried

pursuant to a Memorandum of Agreement

pursuant to a Memorandum Agreement that

that may be entered into between PCA and

may be entered into between PCA and NHA;

government

employees

and

NHA; (j) LGUs that have jurisdiction over the place

(j) LGUs that have jurisdiction over the place

where the coconut trees were cut, gathered

where the coconut trees were cut, gathered

and/or confiscated; and

and/or confiscated; and

(k) Commitments to provincial regional and national projects.

(k) Commitments to provincial regional and national projects.

Ra 8048 as Ammended Ra 10593 Irr

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