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This page features the full text of
Republic Act No. 8048
Coconut
Preservation Act of 1995
AN
ACT PROVIDING FOR THE REGULATION OF THE CUTTING OF COCONUT TREES, ITS
REPLENISHMENT,
PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 8048
AN
ACT PROVIDING FOR THE REGULATION OF THE CUTTING OF COCONUT TREES, ITS
REPLENISHMENT,
PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES.
Section
1. Title. — This act shall be
known as the "Coconut Preservation Act of 1995."
Sec.
2. Declaration of Policy. — Considering
the importance of the coconut industry in nation building being one of
the principal industries and one of the largest income earners of the
country,
it becomes mandatory for the Government to step-in and regulate the
unabated
and indiscriminate cutting of the coconut trees.For
reasons of national interest, it is hereby declared the policy of the
State
to provide for the growth of the industry by embarking on a sustainable
and efficient replanting program.chan
robles virtual law library
Sec.
3. Definitions of terms. — For
purposes of this Act, the following terms shall be defined as follows:
(a) Coconut
tree refers to a tall pinnate-leaved palm bearing a large edible fruit
called the coconut.
chanrobles virtuallaw libraryred(b) 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.
(c) Permit
refers to the written authorization of the PCA allowing the cutting of
coconut trees.
(d) Economically
unproductive farm refers to a coconut area where the cost of farm
production
and maintenance is greater than the generated proceeds or income for a
period of at least three (3) years.
(e) Senescent
coconut trees are coconut trees which are already overage, weak and no
longer productive.
Sec.
4. Prohibition. —No
coconut tree shall be cut except in the following cases and only after
a permit had been issued therefor:
(a) When
the tree is sixty (60) years old;chan
robles virtual law librarychanrobles virtuallaw libraryred(b) When
the tree is no longer economically productive;
(c) When
the tree is disease-infested;
(d) When
the tree is 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; and
(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.
chanrobles virtuallaw libraryred
Sec.
5. 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
applicant shall pay an application fee in the amount of Twenty-five
pesos
(P25.00) for every tree intended to be cut payable to the PCA.Ten
pesos (P10.00) of the fee shall accrue in favor of the PCA, Ten pesos
(P10.00)
in favor of the municipal government concerned, and Five pesos (P5.00)
in favor of the barangay unit concerned. The
fees shall be used for the PCA's replanting program and for the repair
and rehabilitation of roads of the respective local government units
which
have been damaged by the passage of heavy vehicles used for
transporting
coconut lumber.chan
robles virtual law library
No
permit to cut shall be granted unless the applicant, in coordination
with
the PCA and the local government unit concerned, has already planted
the
equivalent number of coconut trees applied for to be cut.
Such
replantings, however, shall not apply to areas converted into
industrial,
commercial or residential sites or land transformed in accordance with
law, into other agricultural purposes.
The
PCA, in coordination with the local government unit concerned, shall
regulate
and oversee the planting, fertilization and care of the newly planted
coconut
trees.For this purpose, it shall
be incumbent upon the PCA to conduct, from time to time, on-the-spot
inspections
of the sites where the coconut trees have been planted.
Sec.
6. Authority to Cut. —The
Philippine Coconut Authority shall have the exclusive authority to
grant
permit for the cutting of coconut trees.The
authority may be delegated to the city or municipal mayors as the PCA
may
determine.
Sec.
7. Implementing Rules. —The
Philippine Coconut Authority shall be the lead agency to implement the
provisions of this Act.For this
purpose, the Philippine Coconut Authority shall prescribe the necessary
rules and regulations for the immediate and effective implementation of
this Act.
The
PCA, in order to effectively implement the provisions of this Act, may
request the assistance of any local government unit, to monitor and
ensure
compliance with this Act including its implementing rules and
regulations.For
this purpose, the PCA may deputize the Philippine National Police or
other
law enforcement agencies to investigate and apprehend those caught
violating
the provisions of this Act, including the confiscation of illegally cut
trees.
In
addition to the foregoing, the PCA shall also, in coordination with the
local government unit concerned, require the registration of all
sawmills,
lumberyards, coconut wood dealers and other persons or entities dealing
in the processing, sawing of the coconut trees.
Sec.
8. Penalties. —Those
found guilty of violating this Act or any rules and regulations issued
pursuant hereto shall, upon
conviction, be punished by imprisonment of not less than one (1) year
but
not more than six (6) years, or a fine of not less than Fifty thousand
pesos (P50,000) but not more than Five hundred thousand pesos
(P500,000),
or both in the discretion of the court.
If
the offender is a corporation or a juridical entity, the official who
ordered
or allowed the commission of the offense shall be punished with the
same
penalty.chan
robles virtual law library
If
the offender is in the government service, he shall, in addition be
dismissed
from office.
Sec.
9. Separability Clause. —If
any part or section of this Act is declared unconstitutional, such
declaration
shall not affect the other parts or sections of this Act.
Sec.
10. Repealing Clause. —All
laws, presidential decrees, executive orders, rules and regulations
inconsistent
with any provisions of this Act shall be deemed repealed or modified
accordingly.
Sec.
11. Effectivity Clause. —This
Act shall take effect upon its approval.
Approved:
June
7, 1995
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