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ADMINISTRATIVE ORDER O. 02 ADMINISTRATIVE ORDER NO.

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SERIES OF 2005 SERIES OF 2013

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 for guidance and compliance of all
concerned.

ARTICLE I – PRELIMINARY PROVISIONS ARTICLE I – PRELIMINARY PROVISIONS

SECTION 1. Title – These Rules and Regulations shall be SECTION 1. 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. Purpose – These Revised Rules and
hereby promulgated to prescribe procedures and Regulations are hereby promulgated to prescribe
guidelines for the effective implementation of RA 8048, procedures and guidelines for the effective
facilitate compliance and achieve the objectives thereof. implementation of RA 8048, as amended, facilitate
compliance and achieve the objectives thereof.

SECTION 3. Declaration of Policy – The State recognizes SECTION 3. Declaration of Policy – The State
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.
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 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 whether or not bearing fruits, including the
least three (3) years old. newly planted, or replanted young trees at
least three (3) years old.

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

(c) Replanting Program – refers to the program (c) Replanting Program – refers to the program
of the Philippine Coconut Authority (PCA) or of the Philippine Coconut Authority (PCA) or
other accredited organizations, institutions, other accredited organizations, institutions,
or the local government to promote or the local government to promote
production or replenish the coconut trees production or replenish the coconut trees
permitted to be cut by the PCA. permitted to be cut by the PCA.

(d) Planting of equivalent number – refers to the (d) Planting of equivalent number – refers to the
sowing of seed nuts or planting with such sowing of seed nuts or planting with such
number of planting materials as determined number of planting materials as determined
by the PCA, taking into consideration the rate by the PCA, taking into consideration the rate
of culling and mortality, as replacements of of culling and mortality, as replacements of
the trees applied for cutting. the trees applied for cutting.

(e) Permit to Cut – refers to the prescribed (e) Permit to Cut – refers to the prescribed
written license or authorization of the PCA written license or authorization of the PCA
issued after compliance with the issued after compliance with the
requirements and conditions for valid cutting requirements and conditions for valid cutting
of coconut trees as provided by the Act and of coconut trees as provided by the Act and
its Rules and Regulations. its Rules and Regulations.

(f) Transport Permit – refers to a permit issued (f) Transport Permit – refers to a permit issued
by the Authority to allow transport of the by the Authority to allow transport of 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 - 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 - 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, virus, viroid and other similar fungus, 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 and beyond
rehabilitation.

(l) Sound Management Practice – refers to (l) Sound Management Practice – refers to
procedures and decisions that are 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 (m) Sawmill - refers to a wood processing plant
or implement operated manually or or implement operated manually or
mechanically, whether fixed or mobile where 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. 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
finished coconut wood products. 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 coconut trees from unabated and productive 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. General Rule – Consistent with the
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. Exception – Coconut trees may be cut
the following requisites exist: only if the following requisites exist:

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

i. When the tree is sixty (60) years i. When the tree is sixty (60) years
old or more; old in the case of tall varieties and
at least 40 years old for dwarf
varieties;
ii. When the tree is no longer ii. When the tree is no longer
economically productive; economically productive;
iii. When the tree is severely disease- iii. When the tree is severely disease-
infected and/or pest-infested; infected and/or pest-infested and
beyond rehabilitation ;
iv. When the tree is damaged by iv. When the tree is severely
typhoon or lightning; damaged by typhoon or lightning;
v. When the 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 into residential, accordance with law into
commercial or industrial areas by residential, commercial or
the Department of Agrarian industrial areas;
reform;
vi. When the land devoted to vi. When the land devoted to coconut
coconut production shall be production shall be converted into
converted into other agricultural- other agricultural uses or other
related activities pursuant to a agricultural-related activities
conversion duly applied for by the pursuant to a conversion duly
owner and approved by the applied for by the owner and
proper authorities; Provided, that approved by the proper
a Permit to Cut shall not be issued authorities; Provided, that no
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 become senescent and the majority of the coconut trees
economically unproductive or have become senescent and
where the coconut is not economically unproductive or
adaptable to sound management where the coconut is not
practices on account of adaptable to sound management
geographical location, topography, practices on account of
drainage and other conditions geographical location, topography,
rendering the farm economically drainage and other conditions
unproductive; and rendering the farm economically
vii. When the tree would cause 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 (b) A valid application has been filed and the
corresponding non-refundable application 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 not involving Land use
recognized/accredited organization, for conversion. The specific location of the
applications not involving land use planting site shall be stated in the Certificate
conversion. The specific location of the 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 other agricultural purposes 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.

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 deemed prima facie evidence of perpetrated by the owner/s thereof shall be
dispossession, unlawful ejectment or deemed prima facie evidence of
deprivation of the rights and benefits of the dispossession, unlawful ejectment or
farmer-tenants, tillers or regular farm- deprivation of the rights and benefits of the
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 (b) Cutting of coconut trees in tenanted farm/s in
deprivation shall be reported 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 ARTICLE III – STANDARDS

SECTION 9. Economically Unproductive SECTION 9. Economically Unproductive


(a) Coconut trees are deemed no longer (a) Coconut trees are deemed no longer
productive if: productive if:

i. They have reached the age or i. They have reached the age or
condition of senescene that begins condition of senescence that
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 or
increase in their nut 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 (3) calendar years immediately
immediately preceding the application, the preceding the application, the majority of the
majority of the trees in the land are trees in the land are senescent and
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.
section.

No permit shall be issued unless all the No permit shall be issued unless all the
aforementioned conditions are duly aforementioned conditions are duly
established and certified by the established and certified by the authorized
authorized PCA official. PCA official.

SECTION 10. Farm Productivity – To determine SECTION 10. Farm Productivity - To determine
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: (a) If the final product is copra:
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 SECTION 11. Disease Infestation

(a) Disease in coconut trees shall be a ground for (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. 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;
ii. The infested trees are no longer b. The infested trees are no longer
capable of rehabilitation thru capable of rehabilitation thru
preventive measures such as preventive measures such as
application of chemicals or application of chemicals or nutrient
nutrient support; and support; and
iii. The infestation is such that it will 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. 01, series of 2002 titled “2002 No. 01, series of 2002 titled “2002
Comprehensive Rules on Land Use Comprehensive Rules on 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 to be converted in order to
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 order to defray the 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. Filing Fee i. Filing Fee

(1) One thousand pesos (PhP (1) One thousand pesos (Php
1,000) for applications 1,000) for applications
involving land with an area involving land with an area
less than or equal to five (5) less than or equal to five (5)
hectares; or hectares; or

(2) Two thousand pesos (PhP (2) Two thousand pesos (Php
2,000) for applications 2,000) for applications
involving land with an area involving land with an area
larger than five (5) hectares; larger than five (5) hectares;

ii. Inspection Fee ii. Inspection Fee


(1) Ten thousand pesos (PhP (1) Ten thousand pesos (Php
10,000) for applications 10,000) for applications
involving land with an area involving land with an area
less than or equal to five (5) less than or equal to five
hectares; (5) hectares;

(2) Fifteen thousand pesos (PhP (2) Fifteen thousand pesos


15,000) for applications (Php 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 of


Inspection/Verification for a land not devoted Inspection/Verification for a land not
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 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. existing houses, animal dwellings,


dwelling, business establishments, business establishments, buildings;
buildings;
ii. plazas, playgrounds, promenades ii. plazas, playgrounds, promenades
and public places frequenred by and public places frequented by
people; people;
iii. public roads and highways, right of iii. public roads and highways, right of
way, ports, dams, irrigation and way, ports, dams, transmission
waterways; lines, irrigation and waterways;
iv. electric and telephone iv. electric and telephone
communication lines or communication lines or
installations; installation;
v. other properties of greater value v. Other properties of greater value
than the coconut tree which poses than the coconut tree.
the threat, danger or obstruction.

(b) Cutting of coconut trees due to the exercise (b) Cutting of coconut trees due to the exercise
of the power of eminent of the power of eminent
domain/expropriation or police power shall domain/expropriation or police power shall
be governed by the appropriate laws, be governed by the appropriate laws,
regulations and ordinances. regulations and ordinances.
ARTICLE IV – APPLICATION FOR PERMIT TO CUT ARTICLE IV – APPLICATION FOR PERMIT TO CUT

SECTION 14. Filing of Application 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. PhP 100.00 – 1 to 50 coconut


trees trees
ii. PhP 250.00 -51 to 100 coconut ii. PhP 250.00 – 51 to 100 coconut
trees trees
iii. PhP 500.00 -101 to 500 coconut iii. PhP 500.00 – 101 to 500 coconut
trees trees
iv. PhP 1,000.00 -501 or more iv. PhP 1000.00 – 501 or more
coconut trees 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 the notarized written consent
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 Brangay Resolution of Sangguniang Barangay Resolution or
Certification on the said endangerment. 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 (a) Any document that sufficiently identifies the
applicant (i.e. Community/Residence applicant (i.e. Voters IDs, Driver’s License,
Certificates, Voters Ids, Driver’s License, Barangay I.D/Certificate or any valid
Barangay I.D./Certificate); government issued identification card);

(b) Proof of ownership or legal possession of (b) Proof of ownership or legal possession of
affected land (TCTs, OCTs, Tax Declaration, affected land (TCTs, OCTs, Tax Declaration,
Tenancy/Leasehold Agreement, Transfer Tenancy/Leasehold Agreement, Transfer
Certificate from DAR, notarized Deeds of 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 there is no existing (d) Affidavit that there is no existing
encumbrance, lis pendens, third party encumbrance, lis pendens, third party
claimant, mortgage and other 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 letter of consent to the
from the mortgagee or person concerned. application from the mortgagee or person
concerned.

(d) Affidavit of marking and identification of (e) Affidavit of marking and identification of
trees. 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 – (a) Consultations have been made with –
i. The farmer-tenants, tillers, regular i. The owners, farmer-tenants,
worker and other 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; Officer/ BARC Chairman;
iv. 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 locality, representing or
interest of the coconut farmers. promoting the interests of the
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 SECTION 22. Monitoring and Evaluation

(a) After 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 Manager/Division Chief his
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.
(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 Task Force of R.A. 8048, 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
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 (b) Where the findings and recommendations are
are attended by fraud, threat or coercion; attended by fraud, threat or coercion;

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

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

(e) Where the 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) (a) The Regional Manager shall have thirty (30)
days from receipt of the protest 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 resolution of the Office of 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 within fifteen (15) days from its Administrator within fifteen (15) days from its
conclusion. conclusion.
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 shall be issued for the 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.

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 locality, the validity period and such other or locality, the validity period and such other information
information as may be required. 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 to 100


coconut trees
ii. Ten (10) days - 101 to 500
coconut trees
iii. Fifteen (15) days - 501 to 1,500
coconut trees
iv. Twenty (20) days - 1,501 to 2,500
coconut trees
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; Municipal Mayor;
ii. at the discretion of the PCA ii. at the discretion of the PCA
Administrator; or Administrator; or
iii. upon the endorsement of PCA iii. upon the endorsement of PCA
accredited farmer or non- accredited farmer or non-
government organization. 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 by the mandatory standards and
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.

(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 to the standards or 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.
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 bank in there area of of responsibility. The same shall be remitted to
responsibility. The same shall be remitted to the PCA Regional Office for proper accounting
the PCA Regional Office for proper thereof in accordance with existing COA rules
accounting thereof in 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 (d) The Regional Offices shall likewise submit a
quarterly consolidated report to the quarterly consolidated report to the
Administrator, indicating the status of Administrator, indicating the status of
collection of fees therein. 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 including the costs 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.
proposed expenditures.
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 indiscriminate cutting 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.

(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 and enlist the assistance and consult 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 (DILG) and other
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 farmers/non-government organizations, in
organizations, in conducting nationwide 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 Council; to disseminate
information regarding the local coconut
industry situation particularly 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) and other PCA-accredited farmers/non- (SCFOs) 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. conducting spot-investigations or verifications thereof.

The Barangay Chairman, City or Municipal Mayor 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 SECTION 38. Transport Permit

(a) For the effective monitoring of 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 others, its validity date, 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 used, the measurement and measurement and corresponding number of
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 - Php 50.00
ii. Jeep – PhP 300.00 ii. Jeep - PhP 300.00
iii. Elf or Six-Wheeler Truck – PhP 700.00 iii. Elf or Six-Wheeler Truck -Php 700.00
iv. Ten-Wheeler Truck – Php 1,500.00 iv. Ten-Wheeler Truck -Php 1,500.00
v. Closed Van – PhP 1,500.00 v. Closed Van - PhP 1,500.00
vi. Trailer Truck – PhP 2,000.00 vi. Trailer Truck PhP 2,000.00

The approved 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 Permit. Duplicate originals, Permit. Duplicate originals, machine or Xerox
machine or Xerox copies of Permit to Cut or copies of Permit to Cut or Transport Permit
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, lumberyards, processors and shall, except as hereinafter provided, be
dealers of coconut wood products. Provided, applicable to operators of sawmills,
however, that registration under this Section lumberyards, processors and dealers of
shall not be issued to sawmills and lumber coconut wood products. Provided, however,
processors whose license have 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
cancelled by the Department 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 Less than PhP 1,000,000.00 New PhP 1,000.00
Renewal 500.00 Renewal 500.00

PhP 1,000,000.00 up to New PhP 3,000.00 PhP 1,000,000.00 up to New PhP 3,000.00
5,000,000.00 Renewal 1,500.00 5,000,000.00 Renewal 1,500.00

over PhP 5,000,000.00 New PhP 5,000.00 Over PhP 5,000,000.00 New PhP 5,000.00
Renewal 2,500.00 Renewal 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 40. Annual Registration of
saws/Chainsaws with the PCA Powersaws/Chainsaws with the PCA

(a) Immediately upon the effectivity of these (a) 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: (b) Registration fees:

i. 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
50% of the current year’s rate. surchargeof 50% of the current year’s
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 and issue the 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.

(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
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 Exchange Commission (SEC), the
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 of sawmills, lumberyards,
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
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 Rules and Regulations by investigating,
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
its IRR.

SECTION 43. Deputation of Small Coconut Farmers SECTION 44. Deputation of Coconut Farmers
Organizations (SCFOs) and other PCA- Organizations (CFOs) and Other PCA-
Recognized/Accredited Farmers/Non-Government Recognized/Accredited Farmers or Non-Government
Organization (NGOs) 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 (CFOs) and/or other PCA
recognized/accredited farmers or non-government recognized/accredited farmers or non-government
organizations may be deputized by the PCA organizations may be deputized 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 (b) The PCA or the PNP and other law
enforcement agencies shall confiscate 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 to the current apprehension or prior to the current apprehension or
impounding, shall remain impounded impounding, shall remain impounded
regardless of whether the owner or operator regardless of whether the owner or
shall have sufficiently proven 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.
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 cutting and transport, which 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 nearest barangay or municipal
premises.

(b) The confiscated logs or lumber, instruments, (b)The confiscated logs or lumber, instruments,
tools and vehicles shall be 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 be immediately made to the shall 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 (30) days, shall thereafter be
disposed of by PCA and the proceeds thereof, summarily disposed of by PCA and the
if any, shall be used for the implementation proceeds thereof, if any, shall be used for
of this Act. the implementation of this Act.
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 (a) Needy victims of disaster as certified by
DSWD; 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 (e) Public markets as may be requested by the
LGU concerned; LGU concerned;

(f) Municipal buildings as may be requested by (f) Municipal buildings as may be requested by
the LGU concerned; the LGU concerned;

(g) Police stations as may be requested by the (g) Police stations as may be requested by the
PNP and LGU concerned; 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 government employees and
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;
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 (k) Commitments to provincial regional and
national projects. national projects.
ARTICLE XIII – REPEALING CLAUSE ARTICLE XII – REPEALING CLAUSE

All Administrative Orders, Memoranda, Circulars All Administrative Orders, Memoranda, Circulars and
and other issuances inconsistent with these Rules and other issuances inconsistent with these Rules and
Regulations are hereby modified and repealed Regulations are hereby modified and repealed
accordingly. accordingly.

ARTICLE XIV – EFFECTIVITY ARTICLE XIII – EFFECTIVITY

These Revised Rules and Regulations shall take These Revised Rules and Regulations shall take effect
effect fifteen (15) days after publication in two (2) fifteen (15) days after publication in two (2) newspapers
newspapers of national and general circulation. and general circulation.

Issued this 23rd day of December, 2005 at Issued this __________ day of _______________, 2013
Quezon City, Philippines. at Quezon City, Philippines.

original signed
JESUS EMMANUEL M. PARAS EUCLIDES G. FORBES
Administrator Administrator

APPROVED AND CONFIRMED by the PCA Governing APPROVED AND CONFIRMED by the PCA Governing
Board in its Resolution No 058-2005 Board in its Resolution No. ________________.

Published on January 8, 2006 in People’s Taliba and The


Manila Times.
Effectivity: January 23, 2006

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