Chain Saw Act of 2002

Download as pdf or txt
Download as pdf or txt
You are on page 1of 3

November 7, 2002

REPUBLIC ACT NO. 9175

AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION AND


USE OF CHAIN SAWS, PENALIZING VIOLATIONS THEREOF AND FOR OTHER
PURPOSES

SECTION 1. Title. — This Act shall be known as the "Chain Saw Act of 2002".
TcCSIa

SECTION 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 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.
SECTION 3. Definition 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.
SECTION 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.
SECTION 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;
(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
CD Technologies Asia, Inc. © 2016 cdasiaonline.com
operating the same.
SECTION 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 Of ce, which shall issue the
corresponding registration certi cate or permit if it nds such persons to be quali ed
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 ve (5) years upon issuance. For this purpose, the Department shall be
allowed to collect reasonable registration fees for the effective implementation of this
Act.
SECTION 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 rst
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 ne
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 confiscated 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 ne 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 ne 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 ne 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 confiscated in favor of the government. AacCHD

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 of cer(s) in such
partnership or corporation.
If the offender is a public of cial or employee, in addition to the above penalties,
he shall be removed from of ce and perpetually disquali ed from holding any public
office.
The chain saws con scated under this Section shall be sold at public auction to
CD Technologies Asia, Inc. © 2016 cdasiaonline.com
qualified buyers and the proceeds thereof shall go to the Department.
SECTION 8. Reward. — Any person who voluntarily gives information leading
to the recovery or con scation 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.
SECTION 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 of ce
within the Department to ensure that the requirements imposed by this Act may be
complied with by quali ed 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.
SECTION 10. Revocation of Registration and Permit. — The Secretary may
revoke any Certi cate of Registration or permit previously issued to a person found
violating the provisions of this Act, or the rules and regulations issued pursuant thereto.
SECTION 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, five (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 ve (5)
senators and two (2) of the ve (5) House members shall be nominated by the
respective Minority Leaders of the Senate and the House of Representatives.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 15. Effectivity. — This Act shall take effect fifteen (15) days after its
complete publication in the Of cial Gazette or in at least two (2) national newspapers
of general circulation, whichever comes earlier.
Approved: November 7, 2002
Published in the Manila Times and Today on November 14, 2002. Published in
the Official Gazette, Vol. 99 No. 4 page 492 on January 27, 2003.

CD Technologies Asia, Inc. © 2016 cdasiaonline.com

You might also like