QuestionsQuestions (Republic Act No. 9175)
RA 9175 is titled the “Chain Saw Act of 2002.” Its purpose is to regulate the ownership, possession, sale, importation, transfer, and use of chain saws to prevent their use in illegal logging and unauthorized forest clearing, consistent with conserving and protecting forest resources under sustainable management.
A “chain saw” is 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, among others, the felling of trees or cutting of timber.
A “chain saw dealer” is a person, natural or juridical, engaged in the manufacture, importation, distribution, purchase, and/or sale of chain saws.
The Department of Environment and Natural Resources (DENR), through the Secretary of the DENR, is the agency responsible for implementing the Act, including issuing permits and registration certificates and promulgating implementing rules.
Only manufacturers, dealers, and/or private owners who are duly authorized by the Department may sell and/or import chain saws.
Authorized applicants include: (1) those with a subsisting timber license agreement, production sharing agreement, or similar agreements, or a private land timber permit; (2) orchard and fruit tree farmers; (3) industrial tree farmers; (4) licensed wood processors where the chain saw is used for legally sold timber; and (5) those who will use the chain saw for a legal purpose. Government agencies using chain saws must also secure permits.
Within three (3) months from the effectivity of the Act, all persons owning or otherwise in possession of chain saws must register them with the DENR through any Community Environment and Natural Resources Office.
Permits are valid for two (2) years upon issuance, except permits to non-commercial orchard and fruit tree farmers, which are valid for five (5) years upon issuance.
Imprisonment of four (4) years, two (2) months and one (1) day to six (6) years, or a fine of not less than P15,000 but not more than P30,000, or both at the discretion of the court, and confiscation of the chain saw in favor of the government.
Imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than P1,000 nor more than P4,000.
Defacing or tampering with the original registered engine serial number is penalized. The punishment is imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than P1,000 nor more than P4,000.
Using a chain saw to cut trees and timber in forest land or elsewhere except as authorized by the DENR carries imprisonment of six (6) years and one (1) day to eight (8) years, or a fine of not less than P30,000 but not more than P50,000, or both. The unlawfully used chain saw is confiscated. Separate offenses that may be committed simultaneously can also be prosecuted.
Penalties are also imposed on the person giving the command or order and/or the responsible officer(s) in the partnership or corporation.
In addition to the principal penalties, the public official or employee shall be removed from office and perpetually disqualified from holding any public office.
Confiscated chain saws under Section 7 are sold at public auction to qualified buyers, with proceeds going to the DENR.
Any person who voluntarily gives information leading to the recovery/confiscation of an unregistered chain saw and the conviction of persons charged is entitled to a reward equivalent to 20% of the value of the chain saw unit(s).
During the interim while DENR is formulating the implementing rules, the Bureau of Customs is prohibited from approving any chain saw importation without clearance from the DENR.