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Chainsaw Act of 2002 (RA 9175)

Date signed into law Summary : 2002 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. Department of Environment and Natural Resources lack of government funds for proper enforcement; lack of public awareness (a) Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chain Saw Without a Proper Permit. - Any person who sells, purchases, transfer the ownership, distributes or otherwise disposes or possesses a chain saw without 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 (P15,000.00) but not more Thirty thousand pesos (30,000.00) 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 fine of not less than One thousand pesos (P1,000.00) for 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 fine 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 fine of not less that 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. 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, he shall be removed from office and perpetually disqualified from holding any public office. The chain saws confiscated under this Section shall be sold at public auction to qualified buyers and the proceeds thereof shall go to the Department. Government of Philippines. Available online and accessed on 31 May 2010, from http://www.lawphil.net/statutes/repacts/ra2002/ra_9175_2002.html

Institutional Arrangements Issues (to be addressed) Sanctions

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Republic of the Philippines Congress of the Philippines Metro Manila Eleventh Congress Third Regular Session Begun and Held in Metro Manila, on Monday, the twenty-second day of July, two thousand and two. [ Republic Act No. 9175] AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION AND USE OF CHAINSAWS, PENALIZING VIOLATIONS THEREOF AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SEC. 1. Title. - This Act shall be known as the "Chainsaw 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 eliminating illegal logging and other forms of forest destruction which are being facilitated with the use of chainsaws. The State shall therefore regulate the ownership, possession, sale, transfer, importation and/or use of chainsaws to prevent them from being used in illegal logging or unauthorized clearing of forests. SEC. 3. Definition of Terms. - As used in this Act, the term: a. "Chainsaw" 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. "Chainsaw dealer" shall refer to a person, natural or juridical, engaged in the manufacture, importation, distribution, purchase and/or sale of chainsaws. 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 Chainsaws. - Chaisaws 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 Chainsaw. - The Department is hereby authorized to issue permits to possess and/or use a chainsaw 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 chainsaw shall be used for the cutting of timber that has been legally sold to said applicant; or e. shall use the chainsaw for a legal purpose. Agencies of the government that use chainsaws in some aspects of their functions must likewise secure the necessary permit from the Department before operating the same. SEC. 6. Registration of Chainsaws. - Within a period of three (3) months from effectivity hereof, all persons 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 Office, which shall issue the corresponding registration certificate or permit if it finds

such persons to be qualified hereunder. Every permit to possess and/or use a chainsaw 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 five (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 Chainsaw Without a Proper Permit. - Any person who sells, purchases, transfers the ownership, distributes, or otherwise disposes or possesses a chainsaw without 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 years or a fine of not less than Fifteen thousand pesos (PhP 15,000.00) but not more than Thirty thousand pesos (PhP 30,000.00) or both at the discretion of the court, and the chainsaw/s confiscated in favor of the government. 2. Unlawful Importation or Manufacturing of Chainsaw. - 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 (PhP 1,000.00) nor more than four thousand pesos (PhP 4,000.00). 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 chainsaw unit 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 (PhP 1,000.00) nor more than Four thousand pesos (PhP 4,000.00). 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 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 fine of not less than Thirty thousand pesos (PhP 30,000.00) but not more than Fifty thousand pesos (PhP 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 committed. The chainsaw unlawfully used shall be likewise confiscated 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 officer/s in such partnership or corporation. If the offender is a public official or employee, in addition to the above penalties, he shall be removed from office and perpetually qualified from holding any public office. The chainsaws confiscated under this Section shall be sold at public auction to qualified buyers and the proceeds thereof shall go to the Department. SEC. 8. Reward. Any person who voluntarily gives information leading to the recovery or confiscation of an unregistered chainsaw and the conviction of persons charged thereof shall be entitled to a reward equivalent to twenty (20%) of the value of the chainsaw unit/s. The Department is authorized to include in its budget the amount necessary to carry out the purpose of this section. 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 office within the Department to ensure that the requirements imposed by this Act may be complied with qualified 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 Certificate 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 Environmental 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 five (5) senators and two (2) of the five (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 implementingrules and regulations to effectively carry out the provisions of this Act, the Bureau of Customs is prohibited from approving any cainsaw 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. SEC. 14. Repealing Clause. - All laws, executive orders, presidential decrees, letters or 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 fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspaper of general circulation, whichever comes earlier. Approved. Signed: JOSE DE VENECIA JR. Speaker of the House of Representatives FRANKLIN M. DRILON President of the Senate This Act, which is a consolidation of Senate Bill No. 1940 and House Bill No. 3994, was finally passed by the Senate and the House of Representatives on August 14, 2002 and September 2, 2002, respectively. Signed: ROBERTO P. NAZARENO Secretary General, House of Representatives OSCAR G. YABES Secretary of the Senate Approved. Signed: GLORIA MACAPAGAL-ARROYO President of the Philippines

MALACAANG Manila PRESIDENTIAL DECREE No. 953 REQUIRING THE PLANTING OF TREES IN CERTAIN PLACES AND PENALIZING UNAUTHORIZED CUTTING, DESTRUCTION, DAMAGING AND INJURING OF CERTAIN TREES, PLANTS AND VEGETATION WHEREAS, the planting of trees on lands adjoining the edge of rivers and creeks in both a measure of beautification and reforestation; and WHEREAS, the planting of trees along roads and areas intended for the common use of owners of lots in subdivisions will provide shade and healthful environment therein; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree: Section 1. The following shall plant trees: 1. Every person who owns land adjoining a river or creek, shall plant trees extending at least five meters on his land adjoining the edge of the bank of the river or creek, except when such land, due to its permanent improvement, cannot be planted with trees; 2. Every owner of an existing subdivision shall plant trees in the open spaces required to be reserved for the common use and enjoyment of the owners of the lots therein as well as along all roads and service streets. The subdivision owner shall consult the Bureau of Forest Development as to the appropriate species of trees to be planted and the manner of planting them; and 3. Every holder of a license agreement, lease, license or permit from the Government, involving occupation and utilization of forest or grazing land with a river or creek therein, shall plant trees extending at least twenty (20) meters from each edge of the bank of the river or creek. The persons hereinabove required to plant trees shall take good care of them, and, from time to time, remove any tree planted by them in their respective areas which has grown very old, is diseased, or is defective, and replant with trees their respective areas whenever necessary. Section 2. Every owner of land subdivided into residential/commercial/industrial lots after the effectivity of this Decree shall reserve, develop and maintain not less than thirty percent (30%) of the total area of the subdivision, exclusive of roads, service streets and alleys, as open space for parks and recreational areas. No plan for a subdivision shall be approved by the Land Registration Commission or any office or agency of the government unless at least thirty percent (30%) of the total area of the subdivision, exclusive of roads, service streets and alleys, is reserved as open space for parks and recreational areas and the owner thereof undertakes to develop such open space, within three (3) years from the approval of the subdivision plan, in accordance with the development plan approved by the Bureau of Forest Development and to maintain such parks and recreational areas. Section 3. Any person who cuts, destroys, damages or injures, naturally growing or planted trees of any kind, flowering or ornamental plants and shrubs, or plants of scenic, aesthetic and ecological values, along public roads, in plazas, parks other than national parks, school premises or in any other public ground or place, or on banks of

rivers or creeks, or along roads in land subdivisions or areas therein for the common use of the owners of lots therein, or any species of vegetation or forest cover found therein shall, be punished with imprisonment for not less than six months and not more than two years, or a fine of not less than five hundred pesos and not more than five thousand pesos, or with both such imprisonment and fine at the discretion of the court, except when the cutting, destroying, damaging or injuring is necessary for public safety or the pruning thereof is necessary to enhance beauty, and only upon the approval of the duly authorized representative of the head of agency or political subdivision having jurisdiction therein, or of the Director of Forest Development in the case of trees on banks of rivers and creeks, or of the owner of the land subdivision in the case of trees along roads and in other areas therein for the common use of owners of lots therein. If the offender is a corporation, partnership or association, the penalty shall be imposed upon the officer or officers thereof responsible for the offense, and if such officer or officers are aliens, in addition to the penalty herein prescribed, he or they shall be deported without further proceedings before the Commission on Immigration and Deportation. Nothing in this Decree shall prevent the cancellation of a license agreement, lease, license or permit from the Government, if such cancellation is prescribed therein or in Government regulations for such offense. Section 4. Any person who shall violate any provision of Section one hereof, or any regulation promulgated thereunder, shall be punished with imprisonment for not less than six months but not more than two years, or with a fine of not less than five hundred pesos but not more than five thousand pesos, or with both such imprisonment than fine at the discretion of the court. If the offender is a public officer or employee, he shall, in addition, be dismissed from the public service and disqualified perpetually to hold public office. Section 5. Any person who shall violate the provision of Section 2 hereof, or any regulation promulgated thereunder, shall be punished with imprisonment for not less than two (2) years but not more than five (5) years, or with a fine equivalent to the value, at current valuation, of the area representing thirty percent (30%) of the total area of the subdivision, or both such fine and imprisonment at the discretion of the Court. Section 6. The Director of Forest Development shall issue such rules and regulations as may be necessary to carry out the purposes of this Decree. Section 7. All laws, rules and regulations, or parts thereof, inconsistent herewith are hereby repealed. Section 8. This Decree shall take effect upon its promulgation. Done in the City of Manila, this 6th day of July in the year of Our Lord, nineteen hundred and seventy-six.

MALACAAN PALACE MANILA

BY THE PRESIDENT OF THE PHILIPPINES EXECUTIVE ORDER NO. 23 DECLARING A MORATORIUM ON THE CUTTING AND HARVESTING OF TIMBER IN THE NATURAL AND RESIDUAL FORESTS AND CREATING THE ANTI-ILLEGAL LOGGING TASK FORCE WHEREAS, the entire country has been a witness to the ever-changing climatic conditions brought about by the La Nia phenomenon; WHEREAS, the destructive effects of the phenomenon on the environment are apparent in many regions in the country and it is an accepted fact that the effects are worsened due to the continuous denudation of the forest zones; WHEREAS, the watersheds and the river systems supporting existing or proposed hydroelectric power facilities, irrigation works or existing water facilities are in need of immediate protection and rehabilitation; WHEREAS, it is the obligation of the State to protect the remaining forest cover areas of the country not only to prevent flash floods and hazardous flooding but also to preserve biodiversity, protect threatened habitats and sanctuaries of endangered and rare species, and allow natural regeneration of residual forests and development of plantation forests; WHEREAS, it is imperative to arrest the degradation, pollution and contamination of the river and water systems and to stem the wanton destruction of the forest resources; WHEREAS, Article XII, Sec. 2 of the 1987 Philippine Constitutional provides that the exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. NOW, THEREFORE, I BENIGNO S. AQUINO, III, President of the Philippines, by virtue of the powers vested in me by law, do hereby order: Section 1. Definition of Terms. For the purpose of this Executive Order, the following terms shall be defined: 1.1 Forest Land - it includes public forest, permanent forest or forest reserves, and forest reservations. 1.2 Natural and Residual Forests- are forests composed of indigenous trees, not planted by man. 1.3 Plantation Forest is a forest where the trees were planted pursuant to a management agreement with the DENR. 1.4 Integrated Forest Management Agreement (IFMA) is a production sharing contract entered into by and between the DENR and a qualified applicant wherein the DENR grants to the latter exclusive right to develop, manage, protect and utilize a specified area of forest land and forest resources therein for a specified period consistent with the principle of sustainable development and in accordance with an approved Comprehensive Development and Management Plan (CDMP). 1.5 Socialized Integrated Forest Management Agreement (SIFMA) is an agreement entered into by and between a natural or juridical person and the DENR wherein the latter grants to the former the right to develop, utilize and manage a small tract of forest land consistent with the principle of sustainable development. 1.6 Community-Based Forest Management (CBFMA) is an agreement entered into by and between the government and the local community in a locality, represented by a peoples organization as forest managers, for a specific period wherein the local community is allowed to develop, utilize and manage a small tract of forest land consistent with the principle of sustainable development. 1.7 National Greening Program is a DA-DENR-DAR Convergence Initiative anchored on the governments goal of poverty reduction, food, security, climate change adaptation and mitigation.

Section 2. Moratorium on the Cutting and Harvesting of Timber in the Natural Forests A moratorium on the cutting and harvesting of timber in the natural and residual forests of the entire country is hereby declared unless lifted after the effectivity of this Executive Order. In order to implement this policy, the following are hereby instituted: 2.1 The DENR is henceforth hereby prohibited form issuing logging contracts/agreements in all natural and residual forests, such as Integrated Forest Management Agreements (IFMA), Socialized Integrated Forest Management Agreements (SIFMA), Community-Based Forest Management Agreement (CBFMA) and other agreements/contracts with logging components in natural and residual forests; 2.2 The DENR is likewise prohibited from issuing/renewing tree cutting permits in all natural and residual forests nationwide, except for clearing of road right of way by the DPWH, site preparation for tree plantations, silvicultural treatment and similar activities, provided that all logs derived from the said cutting permits shall be turned over to the DENR for proper disposal. Tree cutting associated with cultural practices pursuant to the indigenous Peoples Right Act (IPRA Law) may be allowed only subject to strict compliance with existing guidelines of the DENR; 2.3 The DENR shall review/evaluate all existing IFMAs, SIFMAs, CBFMAs and other forestry agreements/contacts and immediately terminate/cancel the agreements of those who have violated the terms and conditions of their contracts/agreements as well as existing forest laws, rules and regulations at least twice. Furthermore, said agreements shall likewise be immediately terminated/cancelled if the holders thereof engage in logging activities in any natural or residual forest or abet the commission of the same; 2.4 The DENR shall strictly implement a forest certification system in accordance with the United Nations standard/guidelines to ascertain the sustainability of legal sources and chain of custody of timber and wood products, nationwide; 2.5 The DENR shall close and not allow to operate all sawmills, veneer plants and other wood processing plants who are unable to present proof of sustainable sources of legally cut logs for a period of at least five (5) years within one month from effectivity of this Executive Order: 2.6 The DENR through the DA-DENR-DAR Convergence Initiative, shall develop a National Greening Program NGP in cooperation with the Department of Education (DepEd) and the Commission on Higher Education (CHED) to initiate the educational drive campaign; the Department of Interior and Local Government (DILG) to help in establishing communal tree farms for firewood and other purposes; the Department of Social Welfare and Development (DSWD) to identify the upland farmers covered by the NGP as priority beneficiaries of the conditional cash transfer program; the Department of Budget and Management (DBM) to provide the funds for the production of quality seedlings for the NGP from available funds of the government; and the private sector and other concerned agencies/institutions to raise funds and resources for tree planting. 2.7 The Department of Education shall be given priority in the use of all confiscated logs. Section 3. Creation of the Anti-Illegal Logging Task Force. To enforce the moratorium and lead the anti-illegal logging campaign, an Anti-Illegal Logging Task Force is hereby created. The Task Force shall be composed of the DENR Secretary or his duly authorized representative as Chairman and the Secretary of the Department of the

Interior and Local Government, the Secretary of the Department of National Defense, the Chief of the Philippine National Police, the Chief of Staff of the Armed Forces of the Philippines of their respective authorized representatives , as members. 3.1 Mandate. The Task Force is hereby mandated to take the lead in the anti-illegal logging campaign and ensure the implementation of this Executive Order under the supervision of the DENR. It shall also assist the DENR in the enforcement of other environmental laws. 3.2 Support from Government Offices and Agencies. The Task Force may call upon the support of any department, bureau and office of the executive branch to assist in the discharge of its functions, such as but not limited to the provision of administrative or technical assistance, logistical support and detail of personnel. The DENR shall provide the secretariat for the Task Force. 3.3 Budgetary Support. The Department of Budget and Management shall provide the DENR an initial budget for the Task Force in the amount of Ten Million Pesos (P10,000,000.00) which shall be sourced from the available funds of the government. Release of the additional amounts shall be subject to the approval of the President. Section 4. Repealing Clause. All executive orders, rules, and regulations and other issuances or parts thereof which are inconsistent with this Executive Order are hereby revoked, amended, and/or modified accordingly. Section 5. Implementing Guidelines Upon its formation, the Task Force shall immediately formulate the guidelines for the implementation of the policies set forth in this Executive Order. Section 6. Effectivity. This Executive Order shall take effect immediately after publication in a newspaper of general circulation. DONE in the City of Manila, Philippines, this 1st day of February in the year of Our Lord Two Thousand and Eleven. (Sgd.) BENIGNO S. AQUINO III By the President:
(Sgd.) PAQUITO N. OCHOA, JR.

Executive Secretary