Republic Act No.9175. An Act Regulating the Ownership, Possession, Sale, Importation and Use of Chainsaws, Penalising Violations thereof and for other Purposes

22/04/22, 09:00Republic Act No. 9175 | Official Gazette of the Republic of the Philippines Page 1 of 8https://www.officialgazette.gov.ph/2002/11/07/republic-act-no-9175/ Republic Act No. 9175 Signed on November 7, 2002 (https://www.o;cialgazette.gov.ph/2002/11/07/republic-act-no-9175/) Republic of the Philippines Congress of the Philippines Metro Manila Twelfth Congress Second Regular Session Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand two. [REPUBLIC ACT NO. 9175] AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION AND USE OF CHAIN SAWS, PENALIZING VIOLATIONS THEREOF AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled: SECTION 1. Title. — This Act shall be known as the “Chain Saw Act of 2002”. SEC. 2. Declaration of Policy. — It is the policy of the State, consistent with the Constitution, to conserve, develop and protect the forest resources under sustainable management. Toward this end, the State shall pursue an aggressive forest protection program geared towards GOVPH (/) https://www.officialgazette.gov.ph/ https://www.officialgazette.gov.ph/2002/11/07/republic-act-no-9175/ https://www.officialgazette.gov.ph/ 22/04/22, 09:00Republic Act No. 9175 | Official Gazette of the Republic of the Philippines Page 2 of 8https://www.officialgazette.gov.ph/2002/11/07/republic-act-no-9175/ eliminating illegal logging and other forms of forest destruction which are being facilitated with the use of chain saws. The State shall therefore regulate the ownership, possession, sale, transfer, importation and/or use of chain saws to prevent them from being used in illegal logging or unauthorized clearing of forests. SEC. 3. De@nition of Terms. — As used in this Act, the term: (a) “Chain saw” shall refer 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; (b) “Chain saw dealer” shall refer to a person, natural or juridical, engaged in the manufacture, importation, distribution, purchase and/or sale of chain saws; (c) “Department” shall refer to the Department of Environment and Natural Resources; and (d) “Secretary” shall refer to the Secretary of the Department of Environment and Natural Resources. SEC. 4. Persons Authorized to Manufacture, Sell and Import Chain Saws. — Chain saws shall only be sold and/or imported by manufacturers, dealers and/or private owners who are duly authorized by the Department. SEC. 5. Persons Authorized to Possess and Use a Chain Saw. — The Department is hereby authorized to issue permits to possess and/or use a chain saw for the felling and/or cutting of trees, timber and other forest or agro-forest products to any applicant who: (a) has a subsisting timber license agreement, production sharing agreement, or similar agreements, or a private land timber permit; (b) is an orchard and fruit tree farmer; (c) is an industrial tree farmer; 22/04/22, 09:00Republic Act No. 9175 | Official Gazette of the Republic of the Philippines Page 3 of 8https://www.officialgazette.gov.ph/2002/11/07/republic-act-no-9175/ (d) is a licensed wood processor and the chain saw shall be used for the cutting of timber that has been legally sold to said applicant; or (e) shall use the chain saw for a legal purpose. Agencies of the government that use chain saws in some aspects of their functions must likewise secure the necessary permit from the Department before operating the same. SEC. 6. Registration of Chain Saws. — Within a period of three (3) months from the effectivity hereof, all persons who own or are otherwise in possession of chain saws must register the same with the Department, through any of its Community Environment and Natural Resources O;ce, which shall issue the corresponding registration certigcate or permit if it gnds such persons to be qualiged hereunder. Every permit to possess and/or use a chain saw for legitimate purpose shall be valid for two (2) years upon issuance: Provided, That permits to possess and use chainsaw issued to non commercial orchard and fruit tree farmers shall be valid for a period of gve (5) years upon issuance. For this purpose, the Department shall be allowed to collect reasonable registration fees for the effective implementation of this Act. SEC. 7. Penal Provisions. — (1) Selling, Purchasing, Re-selling Transferring, Distributing or Possessing a Chain Saw Without a Proper Permit. — Any person who sells, purchases, transfers the ownership, distributes, or otherwise disposes or possesses a chain saw without grst 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 gne of not less than Fifteen thousand pesos (P15,000.00) but not more than Thirty thousand pesos (P30,000.00) or both at the discretion of the court, and the chain saw/s congscated in favor of the government. (2) Unlawful Importation or Manufacturing of Chain Saw. — Any person who imports or manufactures a chain saw 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 22/04/22, 09:00Republic Act No. 9175 | Official Gazette of the Republic of the Philippines Page 4 of 8https://www.officialgazette.gov.ph/2002/11/07/republic-act-no-9175/ gne of not less than One thousand pesos (P1,000.00) nor more than Four thousand pesos (P4,000.00). (3) Tampering of Engine Serial Number. — 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) months and a gne of not less than One thousand pesos (P1,000.00) nor more than Four thousand pesos (P4,000.00). (4) Actual Unlawful Use of Chain Saw. — Any person who is found to be in possession of a chain saw and uses the same to cut trees and timber in forest land or elsewhere except as authorized by the Department shall be penalized with imprisonment of six (6) years and one (1) day to eight (8) years or a gne of not less than Thirty thousand pesos (P30,000.00) but not more than Fifty thousand pesos (P50,000.00) or both at the discretion of the court without prejudice to being prosecuted for a separate offense that may have been simultaneously committed. The chain saw unlawfully used shall be likewise congscated in favor 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 o;cer(s) in such partnership or corporation. If the offender is a public o;cial or employee, in addition to the above penalties, he shall be removed from o;ce and perpetually disqualiged from holding any public o;ce. The chain saws congscated under this Section shall be sold at public auction to qualiged buyers and the proceeds thereof shall go to the Department. SEC. 8. Reward. — Any person who voluntarily gives information leading to the recovery or congscation of an unregistered chain saw and the conviction of persons charged thereof shall be entitled to a reward equivalent to twenty percent (20%) of the value of the chain saw unit(s). The Department is authorized to include in its budget the amount necessary to carry out the purpose of this section. 22/04/22, 09:00Republic Act No. 9175 | Official Gazette of the Republic of the Philippines Page 5 of 8https://www.officialgazette.gov.ph/2002/11/07/republic-act-no-9175/ SEC. 9. Authority of the Secretary. — To effectively implement the provisions of this Act, the Secretary shall issue the implementing rules and regulations within ninety (90) days upon approval of this Act. He shall likewise organize an o;ce within the Department to ensure that the requirements imposed by this Act may be complied with by qualiged persons, within the shortest possible time, at the least possible expense. In the Province of Palawan, the provisions of this Act shall be implemented by the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611 or the Strategic Environmental Plan for Palawan. SEC. 10. Revocation of Registration and Permit. — The Secretary may revoke any Certigcate of Registration or permit previously issued to a person found violating the provisions of this Act, or the rules and regulations issued pursuant thereto. SEC. 11. Joint Congressional Oversight Committee. — To monitor and oversee the implementation of this Act, including the approval of the rules and regulations issued pursuant hereto, there is hereby created a Joint Congressional Oversight Committee to be composed of the Chairpersons of the Senate Committee on Environment and Natural Resources and the House Committee on Natural Resources as Chairperson and Co-Chairperson, gve (5) members of each of the Senate and the House of Representatives who shall be designated by the Senate President and the Speaker of the House of Representatives as members: Provided, That the two (2) of the gve (5) senators and two (2) of the gve (5) House members shall be nominated by the respective Minority Leaders of the Senate and the House of Representatives. SEC. 12. Transitory Provision. — In the interim while the Department is formulating the implementing rules and regulations to effectively carry out the provisions of this Act, the Bureau of Customs is prohibited from approving any chain saw importation without clearance from said Department. SEC.13. Separability Clause. — If, for any reason, any part or provision of this Act shall be declared as unconstitutional or invalid, such parts or provisions not affected thereby shall remain in full force and effect. 22/04/22, 09:00Republic Act No. 9175 | Official Gazette of the Republic of the Philippines Page 6 of 8https://www.officialgazette.gov.ph/2002/11/07/republic-act-no-9175/ SEC. 14. Repealing Clause. — All laws, executive orders, presidential decrees, letters of instruction, rules and regulations, or parts thereof which are inconsistent with any of the provisions of this Act are hereby repealed and/or amended accordingly. SEC. 15. Effectivity. — This Act shall take effect gfteen (15) days after its complete publication in the O;cial Gazette or in at least two (2) national newspapers of general circulation, whichever comes earlier. Approved, (Sgd.) JOSE DE VENECIA, JR. Speaker of the House of Representative (Sgd.) FRANKLIN M. DRILON President of the Senate This Act, which is a consolidation of Senate Bill No. 1940 and House Bill No. 3994, was gnally passed by the Senate and the House of Representatives on August 14, 2002 and September 2, 2002, respectively. (Sgd.) ROBERTO P. NAZARENO Secretary General House of Representatives (Sgd.) LUIGARDO B. BARBO Secretary of the Senate Approved: NOV 07 2002 (Sgd.) GLORIA MACAPAGAL-ARROYO President of the Philippines Source: CDAsia (http://www.cdasia.com/) RESOURCES http://www.cdasia.com/ 22/04/22, 09:00Republic Act No. 9175 | Official Gazette of the Republic of the Philippines Page 7 of 8https://www.officialgazette.gov.ph/2002/11/07/republic-act-no-9175/ [PDF] Republic Act No. 9175, November 7, 2002 (http://www.o;cialgazette.gov.ph/downloads/2002/11nov/20021107-RA-9175 GMA.pdf) This entry was posted under Executive Issuances (https://www.o;cialgazette.gov.ph/section/laws/executive issuances/), Laws and Issuances (https://www.o;cialgazette.gov.ph/section/laws/), Legislature (https://www.o;cialgazette.gov.ph/section/legis/), Republic Acts (https://www.o;cialgazette.gov.ph/section/laws/republic-acts/) and tagged Executive Issuances (https://www.o;cialgazette.gov.ph/tag/executiveissuances/), Gloria Macapagal Arroyo (https://www.o;cialgazette.gov.ph/tag/gloria-macapagal-arroyo/), Republic Acts (https://www.o;cialgazette.gov.ph/tag/republic-acts/). Bookmark the permalink (https://www.o;cialgazette.gov.ph/2002/11/07/republic-act-no-9175/). REPUBLIC OF THE PHILIPPINES All content is in the public domain unless otherwise stated. Feedback Form (https://www.o;cialgazette.gov.ph/feedback-form/) ABOUT GOVPH Learn more about the Philippine government, its structure, how government works and the people behind it. GOV.PH (https://www.gov.ph/) O;cial Gazette (https://www.o;cialgazette.gov.ph/) Open Data Portal (https://data.gov.ph/) GOVERNMENT LINKS The President (http://president.gov.ph/) O;ce of the President (http://op-proper.gov.ph/) O;ce of the Vice President (https://ovp.gov.ph/) Senate of the Philippines (http://senate.gov.ph/) House of Representatives (http://www.congress.gov.ph/) Supreme Court (http://sc.judiciary.gov.ph/) http://www.officialgazette.gov.ph/downloads/2002/11nov/20021107-RA-9175-GMA.pdf https://www.officialgazette.gov.ph/section/laws/executive-issuances/ https://www.officialgazette.gov.ph/section/laws/ https://www.officialgazette.gov.ph/section/legis/ https://www.officialgazette.gov.ph/section/laws/republic-acts/ https://www.officialgazette.gov.ph/tag/executiveissuances/ https://www.officialgazette.gov.ph/tag/gloria-macapagal-arroyo/ https://www.officialgazette.gov.ph/tag/republic-acts/ https://www.officialgazette.gov.ph/2002/11/07/republic-act-no-9175/ https://www.officialgazette.gov.ph/feedback-form/ https://www.gov.ph/ https://www.officialgazette.gov.ph/ https://data.gov.ph/ http://president.gov.ph/ http://op-proper.gov.ph/ https://ovp.gov.ph/ http://senate.gov.ph/ http://www.congress.gov.ph/ http://sc.judiciary.gov.ph/ 22/04/22, 09:00Republic Act No. 9175 | Official Gazette of the Republic of the Philippines Page 8 of 8https://www.officialgazette.gov.ph/2002/11/07/republic-act-no-9175/ Court of Appeals (http://ca.judiciary.gov.ph/) Sandiganbayan (http://sb.judiciary.gov.ph/) Managed by ICT Division of the Presidential Communications Operations O;ce (PCOO) (https://pcoo.gov.ph) http://ca.judiciary.gov.ph/ http://sb.judiciary.gov.ph/ https://pcoo.gov.ph/