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RA 8048, as amended by RA 10593
Transcript of RA 8048, as amended by RA 10593
It is the policy of the State to provide for the regulation of the cutting of coconut trees as well as to promote the growth of the industry by embarking on a sustainable and efficient replanting program.
Permit To Cut
No coconut tree or trees shall be cut unless a permit therefore, upon due application being made, has been issued by the PCA pursuant to Section 6 of this Act.
The PCA shall be vested with the authority to exercise duly delegated police powers for the proper performance of its functions and duties
No coconut tree shall be cut except in the following cases and only after a permit had been issued therefor:
RA 8048, as amended by RA 10593
The Coconut Preservation Act of 1995
(a) When the tree is sixty (60) years old in the case of tall varieties, and at least forty (40) years old for dwarf varieties.
(b) When the tree is no longer economically productive
---meaning, the cost of its production and maintenance is greater than the generated proceeds or income
(c) When the tree is severely disease-infested and beyond rehabilitation.
(d) When the tree is severely damaged by typhoon or lightning.
(e) When the agricultural land devoted to coconut production shall have been converted in accordance with law into residential, commercial or industrial areas
(f) When the land devoted to coconut production shall be converted into other agricultural uses or other agriculture-related activities in pursuance to a conversion duly applied for by the owner and approved by the proper authorities:
Provided, That no conversion shall be allowed by the PCA until after it shall have been verified and certified that for a period of at least three (3) years the majority of the coconut trees have become senescent and economically unproductive or where the coconut farm is not adaptable to sound management practices on account of geographical location, topography, drainage and other conditions rendering the farm economically unproductive
The Philippine Coconut Authority (PCA) shall be the lead agency to implement the provisions of this Act.
(g) When the tree would cause hazard to life and property.
No other causes other than those abovementioned shall be considered as a valid ground for cutting.
The fees (collected from issuing permits) allocated to the PCA shall be used for its
and the fees allocated to the municipal/city government shall be used for the repair and rehabilitation of roads of the respective local government units which have been damaged by the continuous passage of heavy vehicles used for transporting coconut lumber.
Replanting program refers to the program formulated by the Philippine Coconut Authority (PCA) to replenish the coconut trees which have been permitted to be cut by the PCA.
Such replanting, however, shall not apply to areas converted into industrial, commercial or residential sites or land transformed in accordance with law, into other agricultural purposes
(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, regulations or policies on the matter
(g) Seek the assistance of other law enforcement agencies for the efficient and effective implementation of this Act.
THE NATIONAL ENFROCEMENT TASK FORCE ON COCONUT TREE CONSERVATION
The NETFORCE shall be composed of the following:
Secretary, Department of Agriculture
Administrator, Philippine Coconut Authority
Secretary, Department of Agrarian Reform
Secretary, Department of Justice
Secretary, Department of Environment and Natural Resources Secretary, Department of the Interior and Local Government
Chief, Philippine National Police
Commissioner, Bureau of Internal Revenue
Commandant, Philippine Coast Guard
Administrator, National Mapping and Resource Information Authority