DENR Administrative Order No. 2003-24. Implementing Rules and Regulations of the Chainsaw Act of 2002 (RA No. 9175) Entitled An Act Regulating the Ownership, Possession, Sale, Importation and Use of Chainsaws, Penalising Violations thereof and for Other Purposes

Republic of the Philippines · Department of Environment a1\d Natural Resources Visayas Avenue, Dilima1i, Quezon City Tel Nos. (632) 929-66-26 to 29 • (632) 929-62-52 929-66-20 • 929-66f33 to 36 929°70-41 to 143 DENR ADMINISTRATIVE ORDER JUN 3 0 ?.003 NO. 200o~ 2~ Series of 2003 SUBJECT · IMPLEMENTING RULES ANO REGULATIONS OF THE CHAINSAW . ACT OF 2002 (RA NO. 9175) ENTITLED IIAN: ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION ANO USE· OF CHAINSAWS, PENALIZING VIOLATIONS THEREOF ANO FOR OTHER PURPOSES." Pursuant to Section 9 of R.A. No. 9175, otherwise known as the "Chainsaw Act of 2002", the rules and regulations governing the implementation of the Act is hereby promulgated for the compliance and guidance.of all concerned. CHAPTER! BASIC POLICY, OBJECTIVES AND DEFINITIONS. Section 1, Basic Policy. It is the ·policy of the State, consistent with the · Constitution, to •Conserve, develop · and · protect the forest resources through sustainable forest management (SFM). Towards this end the State shall pursue an aggressive forest protection program geared towards eliminating illegal logging and other forms of forest destruction which Iare being facilitated with the use of chainsaws. Sec. · 2. Objectives. This Order is promulgated to achieve the following objectives: · 2.1 To regulate the purchase, ownership, possession, sale, transfer, importation and/or use of chainsaws, to prevent them from being used in illegal. logging or unauthorized clearing of forests; ..... 2.2 To establish and maintain national and local databases on existing number of chainsaws, authorized dealers, authorized users, importation and sales thereof, among others; and 2.3 To facilitate the monitoring of the operations of chainsaw importers, users, and others. Let's Go . Green Sec. 3. Definition of terms. As used in, and for the purpose of these guidelines, the following terms and phrases shall be understood to ,mean: 3.1 Chainsaw · 3.2 Chainsaw dealer 3 .. 3 Chainsaw user refers to any portable power saw or similar cutting implement rendered operative by an · electric or internal combustion engine or · similar. means, that may be used for, but is not limited to, the· felling of trees or the cutting of timber.· shall refer to a person, natural or juridical, engaged in · the manufacture, importation, distribUJtion, .purchase and/or sale of chainsaws, as authorized by the DENR. any person, natural or juridical, who uses and/or :operates a chainsaw for the purpose of felling, bucking, trimming and/or breakdbwn into s.uitable sizes of timber, coconut, anahaw, and other palms and similar woody materials, as authorized by theDENR .. 3.4 Chainsaw owner/possessor - any person, . natural or juric;iical, who owns/ppssesses .. a chainsaw, as authorized by the OENR. 3.5 Department 3.6 Forestland 3.7 Legal purpose refers to the Department of Environment and Natural Resources (DENR). refers to the land of the public domain which have not been declared as alienable and disposable land and includes the public forest, the. permanent forest or forest reserve, forest reservations, timber lands, grazing lands, . game . refuge and bird sanctuaries . •. . includes. activities such as tree pruning, tree surgery; landscaping, · timber stand improvement, and other allied silvicultural activities. 2 3.8 Orchard 3.9 Secretary 3.10 Industrial Tree Farmer lands planted with fruit trees and other trees of economic val1:1e, including bamboo, coconut, anahaw and other palms. refers to the Secretary of the DENR. a per!'on engaged in large· scale tree farming in private lands CHAPTER II SCOPE· Sec. 4. Scope. These rules and regulations shall cover the purchase, manufacture, ownership, possession, sale1 transfer, importation and use of chainsaws. The registration of chainsaws witt, the DENR prior to the effectivity of this Order shall be considered termin~ted. Henceforth, all chainsaw owners shall apply for registration within three months from the effectivity of this Order. ln the province of Palawan, the provisions of R.A. No. 9175 shall be implemented by the Palawan Council for Sustainable Developme~t pursuant to RA No. 7611 or the Strategic Environmental Plan for Palawan . . Report on issued Certificate of Registration or permit shall be furnished the FMB Secretariat thru the Provincial Environment and Natural Resources Officer (PENRO) of Palawan. CHAPTER 111 GENERAL PROVISIONS Sec. 5. Persons authorized to purchase, transfer the ownership, import, manufacture, distribute; and/or sell, re-sell chainsaws. Only persons, duly authorized by . the DENR shall be allowed to purchase; transfer the ownership, import, manufacture, distribute and/or sell, re-sell chainsaws. Sec. 6. Persons authorized to own, possess and use chainsaws. The Department shall issue a .certificate of Registration to owners, possessors and/or users of chainsaws who fall under any of the following categories: · 6.1 Holder of a subsisting Timber License Agreement, Production Sharing Agreement, Co-Production Sharing Agreement, or a Private Land Timber PermiUSpecial Private Land Timber Permit, Community-Based Forest Management Agreement (CBFMA), ln~egrated Forest Management 3 Agreement (IFMA), Socialized Industrial Forest Management Agreement (SIFMA), or other similar tenurial instruments 6.2 Orchard or fruit tree farmer 6.3 Industrial tree farmer 6.4 Licensed wood processor and the chainsaw shall be used for the cutting of timber that has been legally sold to said applicant. 6.5 Any one who shows satisfactory proof that the possession and/or use of chainsaw is for a legal purpose 6.6 Agencies of the government, government-owned and controlled corporations (GOCCs) that use chainsaws in some aspects of their functions. Sec. 7. Registration of Chainsaws. Upon effectivity hereof, all persons, partnerships, or corporations who own or are otherwise in possession of chainsaws must register the same with the Department through any of its Community Environment and Natural Resources Officers (CENRO) who shall issue the corresponding Certificate of Registration if he finds such persons, partnerships or corporations to be qualified hereunder. The Certificate of Registration number, the date of registration and expiry date shall be indicated in a serialized sticker to be attached to the chainsaw. A Certificate of Registration of a chainsaw used for legitimate purpose shall be valid for two (2) years upon issuance, renewable for the same period; provided that Certificate of Registration issued to non-commercial orchard and fruit tree farmers, and similar entities whose line of business or work are not related to wood and/or timber production, processing and trade shall be valid for a period of five (5) years upon issuance, renewable for the same period. Certificate of Registration shall also serve as the permit to own, possess and/or use the registered chainsaw. Sec. 8. Requirements for Certificate of Registration. The applicants for registration of chainsaws shall submit to the Community Environment and Natural Resources Officer (CENRO) concerned all the following requirements: 8.1 Original/new application 8. 1.1 Holder of a subsisting Timber License Agreement, Production Sharing Agreement, Co-Production Sharing Agreement, or a Private Land Timber Permit/Special Private Land Timber Permit, CBFMA, IFMA, SIFMA, or other similar tenurial instruments • Duly accomplished application form • Copy of the tenurial instrument 4 • Detailed specification of chainsaws to be registered (brand. model, engine capacity, .serial number), purpose of use, areas/location where it is to be used, name of owner, date of purchase, and name of dealer. • Proof of ownership of chainsaw (sales invoice, deed of sale, etc.) • Registration fee 8.1.2 Orchard or fruit tree farmer or industrial tree farmer • Duly accomplished application form • Detailed specification of Ghainsaws to be registered (brand, model, engine capacity, serial . number), purpose of use, . areas/location where it is to be used, name of owner, date of purchase, and name of dealer. • Proof of ownership of chainsaw (sales invoice, deed of sale, etc.) • Copy of certificate of tree plantation ownership • Certification from Barangay Captain concerned that applicant is an orchard or tree farmer. • Registration fee 8.1.3 Licensed Wood Processors • Duly accomplished application form • Copy of approved Wood Processing Plant Permit • Detailed specification of chainsaws to be registered (model, brand, engine capacity, serial number), purpose of use, areas/location where · it is to be used, name of owner, date of purchase, and name of dealer. • Proof of ownership of chainsaw (sales invoice, deed of sale, etc.) • Registration fee 8.1.4 Agencies of the government, government-owned and controlled corporations. • Duly accomplished application form • Certification from Head of · Office or his/her authorized representative that chainsaws are owned/possessed .by the office and used for legal pu'rpose (specify) • Detailed specification of chainsaws owned/possessed (brand, model, engine capacity, serial number), purpose of use, areas/location where it is to be used, name of owner, date of purchase. and name of dealer. • Registration fee 5 8.1 .5 Other persons/entities who 1can show satisfactory proof that the possession and/or use of chainsaws is for legal purpose. · • Duly accomplished applic~tion form • . Copy of the Business Per1111it from the Local Government Unit or Affidavit that chainsaw is needed in applicant's work/profession and will be used for 1.egal purpose • Detailed Specification of chainsaws to be registered (brand, model, engine capacity, serial number), purpose of use, areas/location where it is to be used, name of owner, date of purchase, and name of dealer. · • Registration fee 8.2 Application for Renewal 8.2.1 Duly acoomplished applicationJorm , . 8.2.2 Photo copy of the latest Certificate of Registration of chainsaw 8.2.3 Registration fee $ec. 9. Requirements for permit/authorlw to purchase, import, manufacture and/or · transfer ownership, sell/dispose, · lease, rent, lend chainsaws. Applicants for permit/authority shall submit the following requirements: 9.1. Permi.t to Purchase or Import 9.1. 1 Duly accomplished application · form together with the following details: ·• Number of , chainsaws , to · be purchased/imported with specifications • Purpose for purchasing/importing • Name and address of seller/supplier • Expected time of arrival at port of entry and/or release from the Bureau of Customs, if imported • . Import Entry Declaration from the Bangko Sentral ng Pilipinas 9.1.2 Business name. re'gistration of applicant from DTI, SEC registration or CDA registration 9.1.3 If applicant is al1individual, .Affi~avit that he will use the chainsaw for a legal purpose only (e.g., tre~ pruning, tree surgery, landscaping, timber stand improvement, and other allied silvicultural activities). 9.1.4 Copy of purchase orders, ifimpbrted 9.1.5 Permit fee 6 9.2 Permit to manufacture 9.2.1 Duly accomplished application form together with the following details: • Number and type of chainsaws to be manufactured • Source of materials, parts or accessories 9.2.2 Business name registration of applicant from DTI, SEC registration or CDA registration 9.2.3 Permit fee 9.3 Permit to sell/re-sell/dispose/distribute/transfer of ownership 9.2.4 Duly accomplished application form together with the number and specifications of chainsaws to be sold 9.2.5 Proof of ownership of chainsaws (sales invoice, deed of sale, etc.) 9.2.6 Business registration from DTI or in case of individual transactions, this requirement may be dispensed with. 9.2. 7 Permit fee 9.4 Authority to lease, rent or lend 9 .4. 1 Letter request 9.4.2 Contract of lease, rent, lending 9.4.3 Copy of chainsaw registration Sec. 10. Issuing Authority. Application fcpr Permit to Import and Manufacture chainsaws shall be filed at the Office of the Regional Executive Director who shall have it processed and approved/disapproved within 15 working days. The permit shall be valid for a period of one (1) year. The original copy of the permit shall be issued to the chainsaw importer or manufacturer a duplicate copy to the FMB Secretariat, a triplicate copy to the Regional Executive Director and authenticated copy to the Bureau of Customs, in case of imported chainsaws. Applications for permits to purchase, transfer of ownership and/or sell, re sell/dispose/distribute chainsaws shall be filed at the Office of the CENRO who shall have it processed and approved/disapproved within 15 working days. The permit shall be valid for a period of one (1) year. The original copy of the permit shall be issued to the chainsaw importer or manufacturer, a duplicate copy to the FMB Secretariat, and a triplicate copy to the CENRO. 7 Certificate of Registration shall be issued by the CENRO concerned to qualified applicants within 15 working days upon application. The CENRO shall maintain a registry book and submit a periodic report of all registered chainsaws to the Secretary through channels. The original copy of the Certificate . of Registration . shall be kept by the owner of the chainsaw, a duplicate copy by CENRO and a triplicate copy by FMB Secretariat while an authenticated copy of Certificate of Registration shall be in the person operating the chainsaw at all : times together with an authenticated copy of official receipt of registration. Sec. 11. Registration and Permit fee. A permit fee of PS00.00 for the purchase, importation, manufacture, . sale, re-sale, transfer and/or disposition of chainsaws shall be collected for every permit issued. A registration fee of P500.00 shall be collected for every chainsaw registered. The same amount shall be paid for renewal of registration or permit. CHAPTER IV PENAL PROVISIONS Sec. 12. The following acts are punishable under this Order. 12. 1 f rln I . rl · r ~UU!W19.JU:iill!!!ruWU!llJ!l2l!.tLUP~r:g gti ;rJ::P:t.tJrmtnlli. - Any person who sells, purchases, · transfers the ownership, distributes, or otherwise disposes or possess a chainsaw withCl>ut first securing the necessary permit from the Department shall be punished with imprisonment of four (4) years, two (2) months and one (1) day to six (6) years or a fine of not less than Fifteen Thousand Pesos (P 15,000.00) but not more than Thirty Thousand Pesos (P 30,000.00) or both at the discretion of the court, and the chainsaw/s confiscated in favor of the;government. 12.2 Unlawful lmportation·or Manufacturing of Chainpaw. -Any person who imports or manufactures a chainsaw without obtaining prior authorization from the Department shall be punished by imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than One Thousand Pesos (P 1,000.00) nor more than Four Thousand Pesos (P 4,000.00). 8 12.3 Tampering of Engine Serial Numbe~. -Any person who is found to have defaced or tampered with the original registered engine serial number of any chain saw unit shall be punished by imprisonment of not less than one (1) month nor more than six (6) mon~hs and a fine of not less than One Thousand Pesos (P 1,000.00) nor more than Four Thousand Pesos (P 4,000.00). 12.4 Actual Unlawful Use of Chainsaw. - Any person who is found to be in possession of a chainsaw and uses the same to cut trees and limber in forest land or elsewhere except as authorized by the Department shall be penalized with imprisonment of six (6)1 years and one (1) day to eight (8) years or a fine of not less than Thirty Thousand Pesos (P 30,000.00) but not more than Fifty Thousand Pesos (R 50,000.00) or both at the discretion of the court without prejudice to being prosecuted for a separate offense that may have been simultaneously cC1>mmitled. · The chainsaw unlawfully used shall be likewise confiscated in fa'l'or of the government. If the violation under this Section is committed by or through the command or order of another person, partnership or corporation, the penalties herein provided shall likewise be imposed on such other person, or the responsible officer (s) in such partnership or corporation. If the offender is a public official or employee, in addition to the above penalties, the offender shall be removed from office and perpetually disqualified from holding any public office. The chainsaws confiscated under this Section shall be turned-over to the DENR- which shall sell the same through public auction to persons duly authorized to own, possess and use ,chainsaw as explicitly enumerated under Section 6 hereof. Proceeds of sale thereof shall accrue to the Department. Out of the proceeds from public auctioh, 20% shall be given as reward to the informer in conformity with Section 15 hereof. The balance shall be shared between the FMB Secretariat and the PENRO/CENRO concerned on 40%:60% basis which shall be used for operational expenses of the former and for monitor.ing the compliance by the permittees with the terms and conditions of their permits or Certificcate of Registration by the latter. · Sec. 13. The following chainsaws shall be subject to confiscation: 13.1 Chainsaws sold, purchased, resold, tramsferred, distributed, leased, rented, lent or possessed without proper permit.or authority from the.Department. 13.2 Chainsaws possessed and actually used to cut trees and timber in forest land or elsewhere without valid Certificate of Registration. 9 13. 3 Chainsaws used as a tool or impl~ment in cutting, gathering, collecting, removing and/or processing timber : or forest products without legal documents. · Sec. 14. Confiscation of Chainsaws Judicial Confiscation i Chainsaws sold, purchased, resold, transferred, distributed, leased, rented, lent or possessed and chainsaws possessed and actually used to cut trees and timber in forest land or elsewhere without authority shall be judicially confiscated pursuant to a criminal case filed under Section 7, item (1) and (4) of R.A. 9175 otherwise known as an Act Regulating the Ownership, Possession, Sale, Importation and Use of Ch ainsaws, Penalizing Violations Thereof and ~or Other Purposes. . . Chainsaws which are . not registered or renewed under this regulation shall be considered unlawfully sold, purchased, transferred, distributed, disposed or possessed. The CENR Office concerned where such chainsaws are supposed to be registered or renewed shell issue a wri~'ten declaration to such effect and file . the necessary complaint with the appropriate offieiaf authorized by law to conduct a preliminary investigation of criminal. cases and/or file an information in court. Chainsaws possessed and actually used to· cut trees and timber in forest land or elsewhere without any authority shall likewi$e be judicially confiscated in favor of the government. If the unlawful use is committed in the presence of Environment and Natural Resources Officer (ENRO), the user/possessor shall be arrested even without warrant and the chainsaw(s)' seized, The arresting ENRO shall deliver within thirty six (36) hours the offender and ,the chainsaw to, and file the proper complaint, with the appropriate official designated by law .to conduct preliminary investigation and/or file an information in court. Chainsaws sold; purchased, resold, transferred, distributed, leased, rented, lent or possessed without permit, which are displayed in open view shall be seized and the possessor shall be arrested even withol,lt warrant. . The arresting ENRO shall deliver within thirty six (36) hours the offend$r and the chainsaw(s) to, and file the proper complaint with · the appropriate- official designated by law to conduct preliminary investigation and/or file an.inform1ation in court. Confiscation Under Section 68, P.D. 705 as amended Chainsaws used in cutting, gathering, collecting, removing and/or processing timber or forest products without legal documents shall be subject to judicial and/or administrative confiscation under Section 68· and 68-A of P.D. 705, as amended, · and as implemented by DAO 9.7-32 and other subsequent forestry regulations that may be promulgated. 10 CHAPTERV REWARD Sec. 15. Reward. Any person who voluntarily gives information leading to the recovery or confiscation of an illegally possessed or unregistered chainsaw and the resultant conviction of persons charged thereof, shall be entitled to a reward equivalent to twenty percent (20%) of the value of the chainsaw unit(s) so confiscated. The amount necessary to carry out the purpose of this section shall be included in the budget of the Department. CHAPTER VI AUTHORITY OF THB SECRETARY Sec. 16. The Secretariat. A Secretariat is hereby organized at the Forest Management Bureau which shall coordinate with the Joint Congressional Oversight Committee and DENR field offices. It shall also maintain a data base of all records, data and accounts of all imported, registered, confiscated and auctioned-off chainsaws. The CENROs, through the PENROs and the REDs shall submit monthly report of chainsaw purchasers, importers, manufacturers and dealers and chainsaws registered, confiscated or disposed of to the said Secretariat who shall submit a consolidated monthly report to the Secretary furnishing a copy to the Joint Congressional Oversight Committee for information and record as specified in Section 11 of RA 9175. Sec. 17. Revocation of Registration and Permit. The Secretary or his duly authorized representative may revoke any Certificate of Registration or PermiUAuthority previously issued to a person, partnership or corporation found violating the rules and regulations issued pursuant thereto and shall be penalized in accordance with the provisions of this Order. Registered chainsaws may be leased, rented or lent for a legal purpose, subject to the approval of the CENRO concerned, otherwise the Certificate of Registration shall be revoked by the Secretary or his/her duly authorized representative: Provided that in cases of force majeure or where public safety is at stake, such CENRO approval shall not be required. A lost registered chainsaw should be reported by the owner/user to the nearest DENR office within three (3) calendar days from date of loss. The said DENR Office shall issue a recall of the Certificate of Registration, and inform the issuing CENRO of said recall. The said DENR office shall likewise inform the Secretary, through the FMB Secretariat of said loss and recall of registration. 11 In case of unserviceable chainsaws, the owner shall immediately report the same to the CENRO concerned and request for the revocation of the Certificate of Registration provided that if the Certificate of Registration has expired, the owner shall notify the CENRO in writing that he is no longer renewing the Certificate of Registration. · CHAPTER VII FINAL PROVISIONS Sec. 18. Separability Clause. If, for any' reason, any part or provision of this Order shall be declared as unconstitutional or invalid, such parts or provisions not affected thereby shall remain in full force and effect. Sec. 19. Repealing Clause. All orders, memoranda, circulars, rules .and regulations, or parts thereof which are inconsistent with any of the provisions of this Order are hereby repealed and/br amended accordingly. Sec .. 20. Effectivity. This Order shaU take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation and upon acknowledgement of the UP Law Center. ~G.q:~~ Secretary ~ ~ ~ . PUBLICA.TION: Manila Bulletin Manila Standard ~ July 03, 2003 July 03, 2003 12