Republic of the Philippines
HOUSE OF REPRE!
Quezon City

Fifteenth Congress
Second Regular Session

COMMITTEE REPORT NO. aide
O9 MAY 2012
Submitted by the Committee on Agrigulugre and Food on
Re: House Bill No v1dd
Recommending its approval” in substitution of House Bill Nos. 3515. 3s
Resolution No, 1689
Sponsors: Representati

es Mark [landro L. Mendoza, Manila I. Suarez and Sharon 8. Ci

Mr. Speaker:

The Committee on Agriculture and Food to which were referred House Bill So.
introduced by Representative Danilo E, Suarez, entitled:

AN ACT AMUNDING SECTIONS § AND 8 REPUBLIC ACT NO. SIMS,
KNOWN AS THE COCONUT PRESERVATION ACT OF 1995;

ALSO

and House Bill No, 3864, introduced by Representative Sharon S. Ciarin, entitied:

AN ACT AMENDING SFCTIONS 4, § AND & REPUBE(C ACT NA. 8048, ALSO
KNOWN AS THE COCONUT PRESERVATION ACT of 1995;

and House Resolution No, 1689, introduced by Representative Danilo E. Suarez, entitled:
RESOLUTION URGING THE PHILIPPINE COCONUT AUTHORITY TO

SEASONALLY RESTRICT THE GRANTING OF PERMITS TO CUT COCONUT
TREES FROM OCTOBER TO DECEMBER OF EACH YEAR ONLY

vids

has considered the same and recommends thet the attachec: House Bill No __
entitled:

AN ACT PROVIDING FOR STIFFER PENALTIES FOR THE UNAUTHORIZED
CUTTING G¥ COCONUT TREES, GRANTING POLICE POWERS TO THE
PHILIPPINE COCONUT AUTHORITY (PCA), AMENDING FOR THE
PURPOSE REPUBLIC ACT 8048, OTHERWISE KNOWN AS THE COCONUT
PRESERVATION ACT OF 1995

be approved in substiquion of House Bill Nos 3515 & 3864 and House Resolution No 168%
with Representatives Danilo E. Suarez end Sharea S. Garin, Mark |.landro 1. Mendez. Cesar V
Sarmiento, Alfredo A. Garbin Jr, Abigael Faye C. Ferviol, Fernando V. Gouzales, Salvi B.

Forno, Amonio A. Ferrer, Guitiermo 4 Romarate, Jr. Cresente C. Paez, Franc'sco 1 Micugas

Lisssarchen

a desus N. laian. Jace’ yn

Pryde Henry A. Teves, Mariano U. Piamonte,



Rede M. Batocabe, Josetina M. Joson, Florencio C. Garay, Elmer E, Panotes, Rudo:ts G.
Valencia, Angelo B, Palmones. Pedro P. Romualdo, Rogelio M.D. Espina. $1. Edro T: Ungab.
Evlogiv R. Magsaysay, Nancy A. Catamco, Ma, Victoria R. Sy-Alvarado, Luzvin nea C. Hagan.
Mana Carmen Zamora:Apsay, Christopher §. Co, Reena Conecpcion G. Obill tsidre Q. Leo.
Bor P. Evardone. Pangalian M. Balindeag. Roger G. Mercado, Rene 1. Relampagos. Fduarde R
Gallas, Jose Ping-ay. Solaiman C. Pangandaman, Pedro B.Acharon, Jr, Nieanor M_ Briones,

Salvador P, Cabulana Til, Agapite H, Guantao es authorg

Respectfully §

. MENDOZA

Commftee ot culteré“and Food


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Republic cf the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Met-o Manila

Fifteenth Congress
Second Regulsr Session

HOUSE BILL NO. Ji3i

Introduced by Representatives Oailo E. Suarez, Snaron 3. Garin, Mark Llandro L. Mendoza, Cesar V.
Sarmiento, Alfredo A. Garbin Je, Abigael faye C. Femi, Fernarda V. Gonzales, Salvio 3. Fortuno,
Antonio A. Ferrer, Guillermo A. Romarate, ir., Cresente C. Paez, Francisco T. Matugas, Pryde Henry A.
Teves, Marianc U, Piamonte, Jr,, Jesus N. Sacdatan, Jocelyn S. Limkaichong, Rodel M Batocese, Josefina
V.. Joson, Florencia C. Garay, Elmer E, Panotes, Rodolfo G, Va.encia, Angelo 8. Palmones, Pedro P
Romuaide, Rogelio M.O. Espina, Jr., Isidro T. Ungab, Eulogio R, Magsaysay, Nancy & Cz-ameo, Ma.
“Victoria R. Sy-Alvarade, Luzviminga C. Hagen, Maris Carmen Zamora-Apsay, Christopher 3. Co, Reena
Concencion G. Obilla, Isidro Q, Lico, Ben 2. Evardone, Pangalian M. Balindorg, Roger G. Mercado, Rene
\ Reiampagos, Eduardo R, Guilas, Jose Aing-ay, Solaiman C. Pargandaman, Pedro B. Azharon, Jr,
Nicunor M. Briones, Salvador P. Cabaluna iil, Agapito H. Guanlao

AN ACT
PROVIDING FOR STIFFER PENALTIES FOR THE UNAUTHORIZED CUTTING OF COCONUT TREES,

GRANTING POLICE POWERS TO THE PHILIPPINE COCONUT AUTHORITY (PCA), AMENDING FOR THE
PURPOSE REPUBLIC ACT 8048, OTHERWISE KNOWN AS THE COCCNUT PRESERVATION ACT OF 1995

Be it enacted by the Senate and House of Representatives of the Philigpines ir Congress
assembled:

SECTION 1. Section 4 of Republic Act 8048, also known as the "Coconut Preservation Act of
1995” is hereby amended to read as foltows:

“Sec. 4. Prohibition. — No coconut wee shail be cut except in tre
following cases and only after a permit had been issues therefore:

a.) When the tree is 60 years old;

b.} When the tree is no longer economically productive;

c.) When the tree is disease-infested;

4.) When the tree is damagad by typhoon or lightning

¢.) When the agricultural land devoted to caconut production shalt
have been converted in accordance with faw into residential,
commercial, or industrial areas;



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£.) When the land devoted to coconut production shail be converted
into other agricultural uses or other agriculture-related activities in
pursuance to a conversion duly appted for by the owner and
approved by the proper authorities; Provided, That no conversian
shalt 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 beccme senescent and economically
unproduciive or where the coceaut farm is not adaptable to sound
management practices on account of geographical location,
topography, drainage and other conditicns rencering the farm
economically unproductive

g.) When the tree would cause bacard to life and property;

THE ABOVE-MENTIONED ACTS, HOWEVER, CAN ONLY BE DONE
DURING THE MONTHS OF OCTOBER, NOVEMBER, AND DECEMBER.
[No other causes] Other than [those abovementioned] these cases,
NO OTHER CAUSE shall be considered as a valid ground for cutting.”

SECTION 2. Section 5 of Republic Act 8048 is hereby amended to read as follows:

“Sec. 5, Permut 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 (P 25.00)] ONE HUNDRED PESOS (P100.00} for
every tree intended to be cut payable tc the PCA. [Ten pesos] FORTY
PESOS (P40.00) of the fee shall accrue ir. favor of the PCA. [Ten pesos
(P1000); FORTY PESOS (P40.00} in favor of the municipal
government concerned, and jfive pesos ip 5.00)] TWENTY PESOS
{P20.00) in favor of the barangay nit concerned. The fees
ALLOCATED TO THE PCA shail be used for (the PCA’s] ITS replanting
program and THE FEES ALLOCATED TO THE MUNICIPAL
GOVERNMENT SHALL BE USED for the repair and rehabilitation of
roads of the respective local government units which have been
damaged by the passage of heavy vehicies used for transporting
coconut lumber, AND OF MUNICIPAL FARM TO MARKET ROADS.

FEES HEREIN COLLECTED SHALL BE DEPOSITED WITH THE
NEAREST LAND BANK OF THE PHILIPPINES BRANCH OR OTHER
GOVERNMENT DEPOSITORY BANK. FEES ACCRUING TO THE LOCAL
GOVERNMENT UNIT SHALL BE REMITTED WITHIN THREE MONTHS
IN ACCORDANCE WITH EXISTING COA RULES AND REGULATIONS.

No permit to cut shall be granted unless the applicant [in
coordination with the PCA and the loca’ government unit concerned]
HAS SECURED FROM THE BARANGAY CAPTAIN OF THE LOCALITY
WHERE THE CUTTING WILL 6E DONE, A CERTIFICATION UNDER
OATH THAT HE/SHE has already planted the equivaient number of
coconut trees applied for to be cut.

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Such replantings, however, shai 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 coerdination with the iocal government nit
concerned shail VERIFY iF A REPLANTING WAS IMPLEMENTED AND
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 tc time, on-the-spot inspections of the
sites where the cocomut trees have been planted.”

SECTION 3. & new section is hereby added after Section 6, to be designated as
Section 7, to read as follows:

"Section 7, POUTE POWERS — THE PCA SHALL BE VESTED
WITH THE AUTHORITY TO EXERCISE DULY DELEGATED POLICE
POWERS FOR THE PROPER PERFORMANCE Of ITS FUNCTIONS AND
DUTIES, 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;

©.) ARREST AND APPREHEND POSSESSOR OF COCONUT LUMBER
WITHOUT THE NECESSARY PERMIT AS REQUIRED UNDER THIS ACT;
0.) SEARCH AND SEIZE A MOVING VEHICLE WITH ILLEGALLY CUT,
GATHERED, COLLECTED, GR REMOVED COCONUT LUMBEI
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, REGULATION OR POLICIES
ON THE MATTER:

F.) CONFISCATE AND FORFEIT IN FAVOR OF THE GOVERNMENT THE
FLLEGALLY CUT, GATHERED, COLLECTED, REMOVED, POSSESSED OR
ABANDONED COCONUT LUMBER, AS WELL AS THE MACHINERY,
EQUIPMENT, IMPLEMENTS, AND TOCIS LEGALLY USED IN THE
COMMISSION OF THE OFFENSE AND TO DISPOSE OF THE SAME IN
ACCORDANCE WiTK PERTINENT LAWS, REGULATION.OR POLICIES
ON THE MATTER; AND

G.} SEEK THE ASSISTANCE OF OTHER LAW ENFORCEMENT AGENCIES
FOR THE EFFICIENT AND EFFECTIVE IMPLEMENTATION OF THIS
act”

SECTION 4. Section 7 of Republic Act 8048, to be designated as Section 8
is hereby amended to read az foliews

“Sec. 8 Implementing Rules. The Philippine Coconut Authority
shall be the iead agency to ienplement the provisions of this Act. For
this purpose, the Philippine Coconut Authority shall prescribe the
necessary rules and ragutaiions 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

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monitor and eiisure comptance with this Act including its

implementi

deputize the Philippine N.
agencies to investigate

provisia:
coon

fees. IN ORDER

Ing rules and regu

of this Acc,

ut
PREVENT WASTAGE, THE PCA SHALL

apprel

tions. For
f Po!

his purpose, the PCA may
‘or other law enforcement
hena those caught violating the
the confiscation of illegally cut

ORDER THE IMMEDIATE DISPOSITION OF CONFISCATED COCONUT
LUMBER IN A MANNER TO 8€ DETERMINED BY THE PEA.

In addition, to

dination

registration

fy

in with the loci

other persons or entities deal

irees.”

SECTION 5. Secti

he-eby amended to read

“Sec. 9. Penalties

foregoing, the PCA shall aiso, in

rent unit concerned, require the
of ail sawmilis, umberyards,

conut wend dealers and
‘ocessing, sawing of coconut

the

ion 8 af Republic Act 8048, to be designated as Section 9, is

follows.

ose fo.

vet gurl

Ity of viotating this Act or any rules

and regulations jssued pursuant hereto shall, upon conviction, be
punished by impuisonment of not tess than fone {1} year] TWO (2)

YEARS but not more thar

six (G} vears, or 2 fine of not less than (Fifty

thousand pesos {F 50,90U.CG}] ONE HUNDRED THOUSAND PESOS
(P20G,008) but sot more then Five Hundred Thousand Pesos
{P$G0.G0C) a both in the discretion of the court,

if the offender is a corperation or 3 judicial entity, the official

who ordered or allowns

punished wi

ith the same ven:

he

famission of the offense shall be

UPON VERIFICATION 8 THE PCA THAT NO REPLANTING WAS
DONE, THE BARANGAY CAFTAIN 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 LéSS THAN ONE HUNDRED THOUSAND
PESOS (P300,000) BUT NOT MORE THAN ONE MILLION PESOS

(P1,000,00¢).

FURTHERMORE,

THE SARANGAY CAPTAIN

CONCERNED SHALL BE PERPETUGLLY DISQUALIFIED FROM HOLDING
ANY OTHER PUBLIC OFFICE,

The succeeding sections sha!

SECTON 6. Sepural

y Clause. = If

uncoestitutionsi, the remainder of +

shall rer

SECTION 7. Reneali

valid did subsisting.

ing Clause +

Hai

¥ pe

e-numbered accordingly

ovis.cn, er part hereof, is held invalid or

law or the provision not otherwise affected

, SSSUBNCES Cr any Part thereof inconsistent
Is Act are heraby repealed “ir modifies accordingly

SECTION 5. Effectivity Clause-- This Act shall take effect after its publication it. two

{2} newspapers of

Approved,

enerat circulation

ok


FACT SHEET

House Bill No. vidi
(In substitution of House Bill Nos. 3515 & 3864
and House Resoiution No. 1689}

AN ACT
PROVIDING FOR STIFFER PENALTIES FOR THE UNAUTHORIZED CUTTING OF
COCONUT TREES, GRANTING POLICE POWERS TO THE PHILIPPINE COCONUT
AUTHORITY (PCA), AMENDING FOR THE PURPOSE REPUBLIC ACT 8048,
OTHERWISE KNOWN AS THE COCONUT PRESERVATION ACT OF 1995

Introduced by: Representatives Danilo E, Suarez, Sharon S. Garin, Mark Llandro L, Meadsas, Cesar
V. Sarmiento, Alfredo A. Garbin Jr, Abigael Faye C. Ferriol, Ferrando V. Gonzales, Sat #0 B. Fortuno,
Anianio A. Ferrer, Guifierme A. Romarate, “s., Cresente C, Paez, Francisco F. Matugas, Po de Henry A
Teves. Mariano C. Piamonic, J Jocelyn’ $. Limiksichong, Rodel M. Batoea
Josefina M. Joson, Florencio C. Garay, Eimer F. Panotes, Rodolfo G. Valencia, Angelo B. Palmones
Pedro P. Romualdo, Rogelio M.D. Espina. Jr. Is dro T. Ungab, Eulogio R. Magsaysay. Naney a,
Calamco, Ma. Vieteria R. Sy-Alvarade. Luzviminds C. layin, Maria Caren Zamoss-Spsay.
Christopher §. Co, Reena Concepcion G. Obilis, Isidro Q. Lico, Ben P. Evardone, Pargalien
Batindong. Roger Ci. Mercado, Rene L. Relampagas, Ecuardo R. Gullas, cose Ming-ay, Se laiman C.
Pangandaman, Pesiro B, Acharon, Jr., Nicancr M. Briones, Salvador P. Cabaluna fll. Agapito H Guanlan

Committees Referral: COMMITTEE ON AGRICULTURE AND FOOD
Committee Chairperson: HONORABLE MARK LLANDRO L. MENDOZA

OBJECTIVES:

* To update and increase the permit fees collected from cutting coconut trees to
reffect the effects of inflaton, and fo sustain funds for the meaningful replanting and
replenishment program for cut trees

* To equip the Philippine Coconut Authority (PCA) with police powers to ‘ully and
effectively implement Republic Act 8048.

KEY PROVISIONS:

. Increases the permit fee for cutting. from P25.00 to P100.00 per tree intended to
be cut.

* Mandates the applicant to secure fron the barangay captain a certification under
cath that he has planted the equivalent number of coconut trees applied for to be
cut.

. Mandates that the cutting of coconut trees shail be done only during the months

of October, November and December.

. Grants police powers to the PCA to effectively implemen: the objec’.ves of the
law.