Dear Atty. Kathy,

My wife and I recently bought a lot with some improvements, where we intend to build our rest house. There are already existing structures that we can still make use of for the rest house, however, we need to make some extensions or annexes. Most of the free land area of the lot have coconut trees planted. I asked a relative, who lived near the lot, to cut down the coconut trees as soon as possible, as we have a timeline to follow. However, the relative refused to do the job even if I increased the fee, because according to him, I need to apply for a permit to cut the coconut trees. Is my relative correct? This is the first time I heard of such requirement, and all the coconut trees are already damaged by the recent typhoons anyway.

Brian

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Dear Brian,

Republic Act (RA) 8048, known as the Coconut Preservation Act of 1995 provides that no coconut tree shall be cut except in the following cases and only after a permit has been issued therefor:

a. When the tree is 60 years old;

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 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.

Thus, based on RA 8048, your relative is correct. Even if the coconut trees are damaged due to the recent typhoons, you are still required to apply for a permit to cut, with the Philippine Coconut Authority (PCA). Further, you may also be required to plant the equivalent number of coconut trees you applied for to be cut, except if the lot has been converted into industrial, commercial or residential sites or land transformed in accordance with law, into other agricultural purposes.

Atty. Kathy Larios