PENAL PROVISIONS OF THE COCONUT PRESERVATION ACT OF 1995
(R.A. No. 8048, as amended by R.A. No. 10593)

Edition and later rules. This is an excerpt of sections 4 and 9 of R.A. No. 8048 as amended by R.A. No. 10593, approved May 29, 2013. The June 7, 1995 date below is the approval date of the original Act. Other sections of the Act are not reproduced here.

Power-line clearing. R.A. No. 11361, particularly sections 7, 8, 12 and 19, provides a separate framework for clearing power-line obstructions, including coconut trees, and requires due notice. The PCA’s certified Memorandum Circular No. 01, series of 2023 addresses the permit exemption and notice in sections 7 and 16, and transportation in section 39. These provisions must be read with the statutory excerpt below; the exemption is not a general permission to cut coconut trees. The circular’s effectivity clause requires publication in two newspapers; an exact commencement date is not verified in this review.

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SEC. 4. Prohibition. — No coconut tree shall be cut except in the following cases and only after a permit had been issued therefor:

1. When the tree is sixty (60) years old in the case of tall varieties, and at least forty (40) years old for dwarf varieties;
2. When the tree is no longer economically productive;
3. When the tree is severely disease-infested and beyond rehabilitation;
4. When the tree is severely damaged by typhoon or lightning;
5. When the agricultural land devoted to coconut production shall have been converted in accordance with law into residential, commercial or industrial areas;
6. 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
7. 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.

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SEC. 9. 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 two (2) years but not more than six (6) years, or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at 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.

If the offender is in the government service, he shall, in addition be dismissed from office.

Upon verification by the PCA that no replanting was done, the barangay captain who issued the certification shall, upon conviction, be penalized with imprisonment of not less than three (3) years but not more than seven (7) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00). Furthermore, the barangay captain concerned shall be perpetually disqualified from holding any other public office.

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Approved, June 7, 1995.