AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 8048

Case Overview and Summary

Summary of Republic Act No. 10593 (Amending the Coconut Preservation Act of 1995)

Prohibition on Cutting Coconut Trees (Section 1, amending Section 4):
- No coconut tree shall be cut except in the following cases and only after obtaining a permit:
• When the tree is 60 years old (tall varieties) or 40 years old (dwarf varieties)
• When the tree is no longer economically productive
• When the tree is severely disease-infested and beyond rehabilitation
• When the tree is severely damaged by typhoon or lightning
• When the agricultural land is converted into residential, commercial, or industrial areas
• When the land is converted into other agricultural uses or agriculture-related activities, subject to conditions
• When the tree would cause hazard to life and property

Permit to Cut and Replanting Requirements (Section 2, amending Section 5):
• No coconut tree shall be cut without a permit issued by the Philippine Coconut Authority (PCA)
• Application fee of ₱100 per tree: ₱40 to PCA, ₱40 to municipal government, ₱20 to barangay
• Fees to be used for PCA's replanting program and repair of roads damaged by transport vehicles
• Applicant must secure certification from barangay captain that equivalent number of trees have been replanted
• PCA to verify replanting and oversee care of newly planted trees

Police Powers of PCA (Section 3, new Section 7):
• PCA vested with authority to exercise police powers for proper performance of functions
• Powers include investigation, arrest, search and seizure, confiscation, and seeking assistance from law enforcement agencies

Implementing Rules and Monitoring (Section 4, amending Section 7/8):
• PCA as lead agency for implementation
• PCA may request assistance from local government units for monitoring and compliance
• PCA may deputize law enforcement agencies for investigation, apprehension, and confiscation
• PCA to require registration of sawmills, lumberyards, and coconut wood dealers

Penalties (Section 5, amending Section 8/9):
• Violators face imprisonment of 2-6 years, or fine of ₱100,000-₱500,000, or both
• If offender is a corporation, official who ordered/allowed the offense shall be punished
• Government employee offenders shall be dismissed from office
• Barangay captain who issued false certification faces 3-7 years imprisonment, ₱100,000-₱1,000,000 fine, and perpetual disqualification from public office