Policy and purpose
- Section 2 declares that the State shall conserve, develop, and protect forest resources under sustainable management.
- Section 2 requires an aggressive forest protection program geared toward eliminating illegal logging and other forms of forest destruction facilitated with chain saws.
- Section 2 requires regulation of the ownership, possession, sale, transfer, importation, and/or use of chain saws to prevent use in illegal logging or unauthorized clearing of forests.
Key definitions
- Section 3 defines “Chain saw” as any portable power saw or similar cutting implement rendered operative by an electric or internal combustion engine or similar means, usable for felling trees or cutting timber.
- Section 3 defines “Chain saw dealer” as a person, natural or juridical, engaged in the manufacture, importation, distribution, purchase, and/or sale of chain saws.
- Section 3 defines “Department” as the Department of Environment and Natural Resources.
- Section 3 defines “Secretary” as the Secretary of the Department of Environment and Natural Resources.
Who may sell, import, and deal
- Section 4 provides that chain saws shall only be sold and/or imported by manufacturers, dealers, and/or private owners duly authorized by the Department.
- Section 4 makes authorization by the Department a prerequisite for lawful sale and/or importation.
Who may possess and use
- Section 5 authorizes the Department 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.
- Section 5 requires the applicant to qualify under at least one of the following:
- has a subsisting timber license agreement, production sharing agreement, or similar agreements, or a private land timber permit; or
- is an orchard and fruit tree farmer; or
- is an industrial tree farmer; or
- is a licensed wood processor and the chain saw is used for cutting timber legally sold to the applicant; or
- shall use the chain saw for a legal purpose.
- Section 5 requires government agencies that use chain saws in some aspects of their functions to secure the necessary permit from the Department before operating the same.
Registration, permits, validity, and fees
- Section 6 requires that within three (3) months from the Act’s effectivity, all persons who own or are otherwise in possession of chain saws must register them with the Department.
- Section 6 provides that registration is done through any of the Department’s Community Environment and Natural Resources Office, which issues the corresponding registration certificate or permit if the person is qualified under the Act.
- Section 6 provides that a permit to possess and/or use a chain saw for legitimate purpose is valid for two (2) years upon issuance.
- Section 6 extends validity to five (5) years upon issuance for permits to possess and use chain saws issued to non-commercial orchard and fruit tree farmers.
- Section 6 authorizes the Department to collect reasonable registration fees for effective implementation.
Prohibited acts and criminal penalties
- Section 7 imposes four (4) years, two (2) months and one (1) day to six (6) years or a fine of not less than PHP 15,000.00 but not more than PHP 30,000.00, or both at the discretion of the court, on any person who sells, purchases, re-sells, transfers ownership, distributes, disposes, or possesses a chain saw without first securing the necessary permit from the Department.
- Section 7 directs that chain saws confiscated under the permit-less acts are confiscated in favor of the government.
- Section 7 penalizes unlawful importation or manufacturing of a chain saw without prior authorization from the Department with imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than PHP 1,000.00 but not more than PHP 4,000.00.
- Section 7 penalizes tampering or defacing the original registered engine serial number with imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than PHP 1,000.00 but not more than PHP 4,000.00.
- Section 7 penalizes actual unlawful use: any person in possession of a chain saw who uses it to cut trees and timber in forest land or elsewhere except as authorized by the Department faces imprisonment of six (6) years and one (1) day to eight (8) years or a fine of not less than PHP 30,000.00 but not more than PHP 50,000.00, or both at the discretion of the court.
- Section 7 provides that unlawfully used chain saws are confiscated in favor of the government.
- Section 7 provides that the same conduct does not bar prosecution for a separate offense that may have been simultaneously committed.
- Section 7 extends liability when the violation is committed by or through the command or order of another person, partnership, or corporation by imposing the penalties on such other person or responsible officer(s).
- Section 7 requires that if the offender is a public official or employee, the offender is removed from office and perpetually disqualified from holding any public office, in addition to the penalties.
Confiscated chainsaw disposal
- Section 7 provides that confiscated chain saws under the Act shall be sold at public auction to qualified buyers.
- Section 7 directs that the proceeds of the public auction go to the Department.
Reward for information
- Section 8 grants a reward to any person who voluntarily gives information leading to the recovery or confiscation of an unregistered chain saw and the conviction of persons charged.
- Section 8 sets the reward at twenty percent (20%) of the value of the chain saw unit(s).
- Section 8 authorizes the Department to include in its budget the amount necessary to carry out the reward purpose.
Implementing authority and regional rule
- Section 9 requires the Secretary to issue the implementing rules and regulations within ninety (90) days upon approval of the Act.
- Section 9 requires the Secretary to organize an office within the Department to ensure compliance with the Act’s requirements by qualified persons within the shortest possible time at the least possible expense.
- Section 9 provides that in the Province of Palawan, implementation shall be by the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611 or the Strategic Environmental Plan for Palawan.
Revocation of permits and registrations
- Section 10 authorizes the Secretary to revoke any Certificate of Registration or permit previously issued to a person found violating the Act or the rules and regulations issued pursuant to it.
Oversight committee creation
- Section 11 creates a Joint Congressional Oversight Committee to monitor and oversee implementation of the Act, including approval of the rules and regulations.
- Section 11 provides that the Committee is 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, respectively.
- Section 11 provides for five (5) members from the Senate and five (5) members from the House of Representatives designated by the Senate President and Speaker of the House of Representatives.
- Section 11 provides that two (2) of the five (5) senators and two (2) of the five (5) House members shall be nominated by the respective Minority Leaders.
Transitory import control
- Section 12 prohibits the Bureau of Customs from approving any chain saw importation without clearance from the Department while the Department is formulating the implementing rules and regulations to carry out the Act.
Separability, repeals, and effectivity rule
- Section 13 provides separability: if any part or provision is declared unconstitutional or invalid, unaffected parts remain in full force and effect.
- Section 14 repeals inconsistent laws: all laws, executive orders, presidential decrees, letters of instruction, rules and regulations, or parts thereof inconsistent with any provision of the Act are repealed and/or amended accordingly.