Dear PAO,
I have been living in the province for quite some time, and I noticed several coconut trees near my house. It is my idea to cut down some of these coconut trees since they are blocking my view of the mountains from my window. I would just like to know if I would be violating a law if I cut down these coconut trees. Thank you.
Maui
Dear Maui,
Please be informed of Section 2 of Republic Act (RA) 8048, as amended by RA 10593, also known as the “Coconut Preservation Act of 1995,” which states that:
“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 (Philippine Coconut Authority) pursuant to Section 6 of this Act.
The applicant shall pay an application fee in the amount of One hundred pesos (P100.00) for every tree intended to be cut payable to the PCA. Forty pesos (P40.00) of the fee shall accrue in favor of the PCA. Forty pesos (P40.00) in favor of the municipal government concerned, and Twenty pesos (P20.00) in favor of the barangay unit concerned. The fees allocated to the PCA shall be used for its replanting program, 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. x x x
No permit to cut shall be granted unless the applicant has secured from the barangay captain of the locality where the cutting will be done, a certification under oath that he/she has already planted the equivalent number of coconut trees applied for to be cut. x x x”
Based on the above-stated law, a person may only be allowed to cut coconut trees if the required permits are secured first from the Philippine Coconut Authority (PCA).
As stated above, an application must first be made, and payment of fees should be settled since these would be allocated to different government units/agencies as provided in the law. In addition to this, an applicant for said permit has to secure from the barangay captain of the locality where the cutting will be done sa certification under oath that he or she has already planted the equivalent number of coconut trees applied for to be cut.
As such, in the circumstances that you mentioned, in order not to violate the aforementioned law, you should first secure a permit before cutting the coconut trees and a certification from your barangay captain that you have already planted the equivalent number of coconut trees to be cut.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
