RULES AND REGULATIONS GOVERNING CUTTING OF COCONUT TREES AND/OR CHANGE IN USE OF LANDS PRIMARILY DEVOTED TO COCONUT

Pursuant to Republic Act No. 6657, the Comprehensive Agrarian Reform
Program (CARP) covers all public and private agricultural lands
regardless of tenurial relations and commodity produced. As a general
rule the change of crop or the shift to other agricultural purposes does
not exempt subject agricultural land from CARP coverage.  Therefore the
cutting of coconut trees will not in any way prevent the acquisition
and distribution of landholdings in excess of the retained area and/or
the application of leasehold provisions under existing agrarian reform
law.  Considering that the cutting of coconut trees could lead to
unlawful ejectment of tenant-tillers and/or farmworkers including other
cases that may arise therefrom the following rules and regulations are
hereby promulgated and/or reiterated:

1.       The authority to approve or disapprove conversion of
agricultural lands for residential commercial, industrial and other land
uses is exclusively vested in the DAR Secretary.

2.       Except where allowed and provided for under the rules and
procedures governing conversion of private agricultural lands to
non-agricultural uses the following acts are prohibited:

2.1          Unlawful ejectment of tenant-tillers and/or farmworkers;

2.2          The conversion by any landowner of his agricultural
lands into non-agricultural use with intent to evade the application of
R.A. 6657 to his landholdings;

2.3          The change of the nature of lands outside of urban
centers and city limits either in whole or in part after the effectivity
of R.A. 6657.

3.       Conversion of agricultural lands primarily devoted to
coconut into other uses may be allowed in cases where the majority of
the coconut trees in the subject land has become senescent and
economically unproductive as determined and certified by the Philippine
Coconut Authority (PCA); Provided, that the affected farmer-tenants,
lessees and regular farmworkers shall be furnished a copy of the written
findings and recommendations of the PCA; Provided, further, that the
security of tenure of the tenant-tillers and regular farmworkers shall
not be undermined as a result of the change in crop and cultivation;
Provided, finally, that in case of conversion into non-agricultural
uses, tenant-tillers, lessees and regular farmworkers shall be entitled
to the rights and benefits provided for by law.

4.       Any person, association, or entity who knowingly or
willfully prevents or obstructs the implementation of these rules and
regulations shall be liable for contempt and other penalties provided
for by law.

All parties concerned are advised to report such cases to the nearest Provincial Agrarian Reform Office covering the area.

5.       This Administrative Order shall take effect ten (10) days
after its publication in two (2) national newspapers of general
circulation.

All orders, circulars, rules and regulations inconsistent herewith are hereby revoked, amended or modified as the case maybe.

Adopted: 6 Nov. 1989

(SGD.) MIRIAM DEFFENSOR SANTIAGO
Secretary

Effective: 24 November 1989