Law Summary
Key Definitions
- Chain saw: Portable power saw operated by electric or combustion engine used mainly for tree felling and timber cutting.
- Chain saw dealer: Individuals or entities involved in manufacturing, importing, distributing, buying, or selling chainsaws.
- Department: Refers to the Department of Environment and Natural Resources (DENR).
- Secretary: Secretary of the DENR.
Authorized Persons for Manufacture, Sale, and Importation
- Only DENR-authorized manufacturers, dealers, and private owners may sell or import chainsaws.
Authorization for Possession and Use
- Permits issued by DENR for possession and use granted to:
- Holders of timber license agreements, production sharing agreements, or private land timber permits.
- Orchard and fruit tree farmers.
- Industrial tree farmers.
- Licensed wood processors for legally acquired timber.
- Government agencies after securing necessary permits.
- Permits ensure chainsaws are used solely for legal purposes.
Registration Requirements
- All current chainsaw owners must register devices within three months.
- Registration processed through local DENR offices issuing certificates or permits.
- Validity:
- Standard permit: 3 years.
- Non-commercial orchard and fruit tree farmers: 5 years.
- DENR empowered to collect reasonable registration fees.
Criminal Penalties
- No permit for possession or transfer: Imprisonment 4 years, 2 months, 1 day to 6 years, and/or fine ₱15,000–₱30,000; confiscation of chainsaws.
- Unlawful import/manufacture: Imprisonment 1 to 6 months; fine ₱1,000–₱4,000.
- Tampering engine serial numbers: Same penalties as unlawful import/manufacture.
- Illegal use for cutting trees: Imprisonment 6 years, 1 day to 8 years; fine ₱30,000–₱50,000; chainsaw confiscated.
- Penalties extend to those who command, own partnerships or corporations responsible, or public officials involved; officials face removal and perpetual disqualification.
- Confiscated chainsaws sold at public auction; proceeds go to DENR.
Incentives for Reporting Violations
- Informants leading to recovery, confiscation, and conviction receive 20% of chainsaw’s value as reward.
- DENR budget may include funds for this purpose.
Authority and Implementation
- Secretary of DENR to issue implementing rules within 90 days.
- Secretary to establish a dedicated office to administer compliance with minimum costs and time.
- In Palawan, implementation by Palawan Council for Sustainable Development.
Revocation of Permit
- Secretary can revoke chainsaw registrations and permits for violations of the Act or its regulations.
Oversight Committee
- Joint Congressional Oversight Committee created for monitoring implementation.
- Composed of Chairpersons and members from Senate and House Committees on Environment and Natural Resources.
- Includes minority party representatives.
Interim Import Regulation
- Until rules are formulated, Bureau of Customs must secure DENR clearance before approving chainsaw imports.
Legal Provisions
- Separability clause: Invalid portions do not affect the rest of the Act.
- Repealing clause: Conflicting laws and regulations are repealed or amended.
Effectivity Clause
- Act takes effect 15 days after publication in the Official Gazette or two national newspapers, whichever is earlier.