JD AnswerCARAGASurigaoSur

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF AGRICULTURE
PHILIPPINE COCONUT AUTHORITY
CARAGA Provincial Office
DPWH Old Building, Capitol Hills, Telaje, Tandag City, Surigao del Sur
Tel. Nos.: (086) Fax No. (214)-3104
Email: pca_tandag@yahoo.com
October 16, 2024
AZARCON, TRINIDAD & ASSOCIATES LAW FIRM

Boulevard, Quezon St.,Bag-ong Lungsod
Tandag City, Surigao del Sur
Dear SIR:
Warm greetings!
With reference to your letter dated October 3, 2024, regarding the application for Permit
To Cut coconut tree/s of your client, JESNAR FALCON represented by ELEASER G.
ASCAREZ and REVIC M. GELI, respectively. The subject parcel of land situated at
Barangay Poblacion, Tago, Surigao del Sur owned by your abovementioned client,
JESMAR FALCON, denominated as Lot No. 3-A-2, PSD-13-015097, embraced by
Transfer Certificate of Title No. 161-201300845. It was further mentioned in your letter that
said parcel of land was reclassified from Agricultural Land to Residential Land pursuant to
Municipal Ordinance passed Sangguniang Bayan of Tago, Surigao del Sur substantiated
by Certification issued by the Municipal Planning and Development Office of the same
municipality that aforestated land which the coconut trees subject of the application for
Permit To Cut is located in a Residential Zone of the Proposed Comprehensive Land Use
Plan (CLUP) 2022-2030 of the municipality.
Anent to this, granting but not admitting such circumstances would falls squarely on one of
the exceptions to the prohibition of under Republic Act 8048 and permits should promptly
be issued by our Office. However, jurisprudence dictates that the “Spring cannot rise
above the source”1. In one case, the Supreme Court upheld the principle that Local
Government Units (LGUs) have the authority to regulate but not prohibit activities that are
expressly allowed by national law. The Court distinguished between regulation and
outright prohibition, indicating that the challenged ordinances ventured into the territory of
prohibition which overstepped the bounds of authority granted to local governments. It
underscored the principle that ordinances should contravene existing statutes. In
cases where a local ordinance conflicts with a statute, the statute prevails.
“Considering that administrative rules draw life from the statute which they seek to
implement, it is obvious the spring cannot rise higher than its source.” 2 In other
words, Republic Act 8048, otherwise known as “The Coconut Preservation Act of
1995”, as amended by RA 10593 in relation to Republic Act 6657, otherwise known as
“The Comprehensive Agrarian Reform Law of 1988” shall prevail over the
Sangguniang Bayan Ordinance issued by the Local Government Unit of Tago, Surigao del
Sur.
Furthermore, by virtue of the governing principles on the reclassification of private

agricultural lands to non-agricultural uses shall be guided by the Philippine Constitution,
Article II, Section 21, and Article XII, Section 1; Section 2, Executive Order (EO) 292,
series of 1987; the pertinent provisions of Republic Act 6657 of 1988; Republic Act 8435
of 1997; EO 45, series of 2001; and the Department of Agriculture’s Charter on
Agricultural Land.
Thus, the issuance of permit on your application for cutting coconut tree/s is tantamount to
Premature Conversion of Agricultural Land defined as the undertaking of any
1
Magtajas v. Pryce Properties Corp., Inc., G.R. No. 111097, July 20, 1994, 53 SCAD 367, 234 SCRA 255, Statutory
Construction 6th Edition, Ruben E. Agpalo.
2
Miners Association of the Philippines, Inc. v. Hon. Fulgencio S. Factoran, Jr., et. al., G.R. No .98332, January 16, 1995.
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF AGRICULTURE
PHILIPPINE COCONUT AUTHORITY
CARAGA Provincial Office
DPWH Old Building, Capitol Hills, Telaje, Tandag City, Surigao del Sur
Tel. Nos.: (086) Fax No. (214)-3104
Email: pca_tandag@yahoo.com
development activities, the results of which modifies or alters the physical
characteristics of Agricultural land to render them suitable for non-agricultural
purposes WITHOUT ANY APPROVED ORDER OF CONVERSION from the Department
of Agrarian Reform.3
In this connection, ILLEGAL CONVERSION is the conversion by any landowner of his

land into any non-agricultural use with intent to avoid application of RA 6657 to his
landholding and to dispose his tenant farmers of the land tilled by them; or the change of
the nature of lands outside urban centers and city limits either in whole or in part after the
effectivity of RA 6657, as provided in Sec. 73 (c) and (e), respectively of the said Act. 4
In view of all the foregoing, after careful evaluation of your request as well as the conduct
of field validation, regret to inform you that your permit application is pending at this time
due to non-compliance thereof, to wit:
1. Absence or lack of necessary pertinent supporting documents
These may include:
 Approved and duly signed application permit to cut by the CFO representative,
Barangay Captain and Agriculturist;
 Certification from the BARC/MARO considering that there is tenant - land owner
issue;
 An approved Land Conversion Order from the Department of Agrarian Reform
(DAR).
Hence, we reassure you to address the above concerns by submitting the necessary
documents on the ground that we likewise need to exercise due diligence before its
issuance of permit to cut considering that it is our mandate to preserve and protect
coconut trees, in particular, the sustainability of our coconut industry and the environment,
in general.
Thank you very much.
Very truly yours,
CHRISTIAN G. HIBAYA
Officer-In-Charge/Division Chief I
3
DAR Administrative Order No. 7, series of 1997.
4
DA Administrative Order No. 02, s. 2011 “Revised Guidelines on the Certification of Eligibility for Reclassification of
Agricultural Lands and Providing Mechanisms for the implementation thereof.”

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REPUBLIC OF THE PHILIPPINES

October 16, 2024

AZARCON, TRINIDAD & ASSOCIATES LAW FIRM

Furthermore, by virtue of the governing principles on the reclassification of private

In this connection, ILLEGAL CONVERSION is the conversion by any landowner of his

1. Absence or lack of necessary pertinent supporting documents

These may include:

Thank you very much.

Very truly yours,

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