Legal basis and policy purpose
- Section 9 of Republic Act No. 9175 (the Chainsaw Act of 2002) is the legal basis for these Palawan implementing rules (Pursuant paragraph).
- The State’s policy is to conserve, develop, and protect forest resources through sustainable forest management (SFM) (Section 1).
- The Order mandates an aggressive forest protection program aimed at eliminating illegal logging and other forms of forest destruction facilitated with chainsaws (Section 1).
- The Order’s objectives are to regulate chainsaw purchase, ownership, possession, sale, transfer, importation, and/or use to prevent use in illegal logging or unauthorized clearing of forests (Section 2.1).
- The Order aims to establish and maintain a local database on existing chainsaws, authorized dealers, authorized users, and importation and sales (Section 2.2).
- The Order aims to facilitate monitoring of chainsaw importers, users, and others (Section 2.3).
Key definitions and covered chainsaw uses
- A Chainsaw means 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 3.1).
- A Chainsaw dealer is a person (natural or juridical) engaged in manufacture, importation, distribution, purchase, and/or sale of chainsaws as authorized by PCSD (Section 3.2).
- A Chainsaw user is a person (natural or juridical) who uses and/or operates a chainsaw to fell, buck, trim, and/or break down into suitable sizes of timber and other woody materials, as authorized by PCSD (Section 3.3).
- A Chainsaw owner/possessor is a person (natural or juridical) who owns/possesses a chainsaw as authorized by PCSD (Section 3.4).
- Forestland covers lands of the public domain not declared alienable and disposable, including public forest, coastal forests, forests in watershed reservations, forests in protected areas, timber lands, grazing lands, and wildlife sanctuaries (Section 3.8).
- Legal Purpose includes tree pruning, tree survey, landscaping, timber stand improvement, and other allied silvicultural activities (Section 3.10).
- The POID is the Project Operations and Implementation Department of PCSDS that supervises registration of chainsaws (Section 3.14).
- The SCU is the Special Concerns Units of PCSDS created by the Executive Director (via PCSDS Office Memorandum dated 20 August 2003) to oversee implementation of the Chainsaw Act of 2002 (Section 3.15).
Scope, coverage, and registration deadline
- These rules cover the purchase, manufacture, ownership, possession, sale, transfer, importation, and use of chainsaws (Section 4).
- Chainsaw registration with DENR prior to the effectivity of this Order is treated as terminated (Section 4).
- All chainsaw owners must apply for registration within three months from the effectivity of this Order (Section 4).
- DMOs must submit monthly reports on issued Certificates of Registration or Permits to the SCU (Section 4).
- The SCU consolidates these into official monthly reports to be given by the PCSDS to the Forest Management Bureau through the Provincial Environment and Natural Resources Office of the DENR (Section 4).
- Only persons duly authorized by PCSD are allowed to purchase, transfer ownership, import, manufacture, distribute and/or sell, re-sell chainsaws (Section 5).
Who may register and permits to own/use
- The PCSD through PCSDS issues a Certificate of Registration to owners, possessors, and/or users who fall under the enumerated categories (Section 6).
- Certificates are issued to holders of subsisting timber and forest-tenurial instruments, including Timber License Agreement, Production Sharing Agreement, Co-Production Sharing Agreement, Private Land Timber Permit, Special Private Land Timber Permit, CBFMA, IFMA, SIFMA, and other similar tenurial instruments (Section 6.1).
- Certificates are issued to orchard or fruit tree farmers (Section 6.2).
- Certificates are issued to industrial tree farmers (Section 6.3).
- Certificates are issued to licensed wood processors when the chainsaw is used to cut timber legally sold to the applicant (Section 6.4).
- Certificates are issued to any entity (natural or juridical) showing satisfactory proof that possession and/or use is for a legal purpose (Section 6.5).
- Certificates are issued to government agencies (including LGUs and Protected Area Offices, and GOCCs) that use chainsaws in some aspects of their functions (Section 6.6).
- Any entity natural or juridical that requires services of an accredited chainsaw user/owner, or uses a chainsaw duly registered to another entity, must comply with Section 9, Item 9.4 requirements (Section 6, last paragraph).
Registration of chainsaws: certificates and coding
- Upon effectivity, all persons, partnerships, associations, or corporations that own or possess chainsaws must register them with PCSD through its DMOs or district managers detailed at PCSDS Main Office in Puerto Princesa City (Section 7).
- The PCSD Executive Director approves the corresponding Certificate of Registration if qualified (Section 7).
- Each Certificate of Registration has a number, registration date, and expiry date shown in a serialized sticker attached to the chainsaw (Section 7).
- A Certificate of Registration for a chainsaw used for legitimate purpose is valid for two (2) years upon issuance and is renewable for the same period (Section 7).
- Certificates issued to non-commercial orchard and fruit tree farmers and similar entities whose line of business or work is not related to wood and/or timber production, processing, and trade are valid for five (5) years upon issuance and renewable for the same period, unless revoked (Section 7).
- On renewal, the original copy of the expired Certificate must be surrendered to the concerned DMO (Section 7).
- The Certificate of Registration serves as the permit to own, possess, and/or use the registered chainsaw (Section 7).
- Registered chainsaws must follow a coding system: Municipal Code where registered—last two digits of the year of registration—Control Number of the Chainsaw (Section 7.1.1).
- The municipal codes include Coron = CO, Culion = CL, Busuanga = BU, Linapacan = LN, Roxas = RX, San Vicente = SV, Dumaran = DU, Taytay = TY, El Nido = EN, Araceli = AR, Cuyo = CY, Magsaysay = MG, Cagayancillo = CG, Agutaya = AG, Kalayaan = KY, Puerto Princesa = PPC, Aborlan = AB, Narra = NR, Quezon = QZ, Sofronio EspaAola = ES, Brooke’s Point = BP, Rizal = RZ, Balabac = BL, Bataraza = BZ (Section 7.1.2).
Registration application requirements
- Applicants must submit requirements to the appropriate DMO or district manager at PCSDS Main Office in Puerto Princesa City (Section 8).
- For original/new applications under Section 8.1.1, applicants who are holders of specified tenurial instruments must submit a duly accomplished Application Form (Annex 2), a copy of the tenurial instrument, detailed chainsaw specifications (brand model, engine capacity, serial number, etc.), purpose of use, areas/location, name of owner, date of purchase, and name of dealer, proof of ownership (e.g., sales invoice, deed of sale), stencil of engine serial number, and registration fee (Section 8.1.1).
- For original/new applications under Section 8.1.2, orchard/fruit tree farmers or industrial tree farmers must submit a duly accomplished Application Form (Annex 2), detailed chainsaw specifications, purpose and location, name of owner, date of purchase, name of dealer, proof of ownership, copy of certificate of tree plantation ownership or similar tenurial instrument, certification from Barangay Captain that the applicant is an orchard or tree farmer with area of at least 1 hectare, stencil of engine serial number, and registration fee (Section 8.1.2).
- For licensed wood processors under Section 8.1.3, applicants must submit a duly accomplished Application Form (Annex 2), copy of accredited/approved wood processing establishment permit or similar LGU business permits, detailed chainsaw specifications, proof of ownership, registration fee, stencil of engine serial number, and notarized certification of legal source of raw materials (Section 8.1.3).
- For government agencies under Section 8.1.4, applicants must submit a duly accomplished Application Form (Annex 2), a certification from head of office or authorized representative that chainsaws are owned/possessed by the office and used for legal purpose (specify), detailed chainsaw specifications, proof of ownership, stencil of engine serial number, and registration fee (Section 8.1.4).
- For other persons/entities under Section 8.1.5, applicants must submit a duly accomplished Application Form (Annex 2), copy of business permit from LGU and/or an affidavit that the chainsaw is needed for the applicant’s work/profession and will be used for a legal purpose, detailed chainsaw specifications, proof of ownership, stencil of engine serial number, and registration fee (Section 8.1.5).
- For renewal applications, applicants must submit a duly accomplished Application Form (Annex 2), the original copy of the latest Certificate of Registration of the chainsaw, and the registration fee (Section 8.2).
Permits/authority for chainsaw transactions
Applicants seeking authority to purchase, import, manufacture, transfer ownership, sell/dispose, lease, rent, or lend chainsaws must apply for the relevant permit/authority (Section 9).
Permits require submission of specified forms and supporting details for each permit category.
For Permit to Purchase or Import (Annex 3), applicants must submit a duly accomplished application form (Annex 2) with number of chainsaws and specifications, purpose for purchase/import, seller/supplier name and address, expected time of arrival at port of entry and/or release from Bureau of Customs if imported, and import entry declaration from Bangko Sentral ng Pilipinas, along with business name registration (DTI/SEC/CDA), and (if an individual) an affidavit to use the chainsaw for legal purposes only; plus copy of purchase orders if imported; and permit fee (Section 9.1.1–9.1.5).
For Permit to manufacture (Annex 3), applicants must submit a duly accomplished application form (Annex 2) with number and type of chainsaws to be manufactured and source of materials/parts/accessories, along with business registration (DTI/SEC/CDA) and permit fee (Section 9.2.1–9.2.3).
For Permit to sell/re-sell/distribute/transfer ownership (Annex 3), applicants must submit a duly accomplished application form (Annex 2) with number and specifications, proof of ownership (e.g., sales invoice, deed of sale), business registration from DTI (or a waiver for individual transactions), and permit fee (Section 9.3.1–9.3.4).
For Authority to lease, rent or lend or to operate through employed workers, members of associations, or other persons (Annex 4), applicants must submit a letter request, contract/authorization documents (lease, rent, lending, hiring, job order, or similar), number and type of chainsaws to be used, and in case of association/partnership/corporation, a list of potential chainsaw users within their group (Section 9.4.1–9.4.4).
Issuing process and documentary handling
- Applications for permits to import and manufacture must be filed at the concerned DMO or district managers at the PCSDS Main Office in Puerto Princesa City, and must be processed and approved/disapproved within 15 working days (Section 10, first paragraph).
- Permits to import and manufacture are valid for one (1) year (Section 10).
- Permits distribute copies as follows: original to the importer/manufacturer; duplicate to the concerned District Manager; triplicate to the Executive Director, PCSDS through the SCU; and authenticated copies to the DENR Provincial Environment and Natural Resources Office and the Bureau of Customs for imported chainsaws (Section 10).
- Applications for permits to purchase, transfer ownership, and/or sell/re-sell/dispose/distribute must be filed at the concerned DMO or district managers at the PCSDS Main Office, and processed and approved/disapproved within 15 working days (Section 10, second paragraph).
- These permits are valid for one (1) year (Section 10).
- The distribution of copies for these permits is: original to applicant; duplicate to the DMO concerned; triplicate to the SCU (Section 10).
- The concerned District Manager issues the Certificate of Registration to qualified applicants within 15 working days from application (Section 10).
- The DMO must maintain a registry book and submit a monthly report of all registered chainsaws to the Executive Director of PCSDS through the SCU (Section 10).
- The owner keeps the original Certificate of Registration; the DMO keeps a duplicate; and the SCU keeps a triplicate (Section 10).
- The DMO issues authenticated copies of the Certificate of Registration and the official receipt of registration, and these must be with the chainsaw user at all times (Section 10).
- Authenticated copies of the permit/authority in Section 9, Item 9.4 must be with the chainsaw user at all times when the chainsaw is in possession and/or operated and is not the user’s registered ownership (Section 10).
Fees, renewal timing, and late registration fines
- A permit fee of PHP 500.00 is collected for every permit issued covering purchase, importation, manufacture, sale, re-sale, transfer, and/or disposition of chainsaws (Section 11).
- A registration fee of PHP 500.00 is collected for every chainsaw registered (Section 11).
- The same amount (PHP 500.00) is paid for renewal of registration or permit (Section 11).
- All Certificates of Registration and Permits must be renewed thirty (30) calendar days at most before the expiration date reflected in them (Section 11).
- Money collected by PCSDS as registration/permit fees or as fines for violations accrues to PCSDS for monitoring and operational purposes (Section 11).
- A chainsaw owner who fails to register within the prescribed period must pay fines as follows:
- PHP 100.00 within one (1) month after the registration period,
- PHP 200.00 for the 2nd succeeding month,
- PHP 300.00 for the 3rd succeeding month,
- and so forth,
- but the fine cannot exceed PHP 500.00 (Section 11).
Penal provisions and confiscation powers
The following acts are punishable under the Order (Section 12).
Selling, purchasing, re-selling, transferring, distributing, or possessing a chainsaw without a proper permit: a person who does so without securing the necessary permit from PCSD is 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 PHP 15,000.00 or both, at the discretion of the court; the chainsaw(s) are confiscated in favor of the government (Section 12.1).
Unlawful importation or manufacturing of a chainsaw: importing or manufacturing without prior authorization from PCSD is punished by 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 nor more than PHP 4,000.00 (Section 12.2).
Tampering engine serial number: defacing or tampering the original registered engine serial number is punished by imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than PHP 1,000 nor more than PHP 4,000.00 (Section 12.3).
Actual unlawful use of a chainsaw: possessing a chainsaw and using it to cut trees and timber in forest land or elsewhere without the proper documents as stated in the Order or as authorized by PCSD is punished with 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; the unlawfully used chainsaw is confiscated in favor of the government (Section 12.4).
A prosecution under Section 12.4 does not prevent prosecution for a separate offense that may have been simultaneously committed (Section 12.4).
If the violation is committed by or through the command or order of another person, association, partnership, or corporation, the same penalties apply to that other person or responsible officer (Section 12.4).
If the offender is a public official, the offender must be removed from office and perpetually disqualified from holding any public office, in addition to the above penalties (Section 12.4).
Chainsaws confiscated under Section 12.4 must be turned over to PCSDS, which sells them through public auction to persons duly authorized to own, possess and use chainsaws enumerated in Section 6; sale proceeds accrue to PCSDS (Section 12.4).
Out of proceeds from public auction, 20% is given as reward to the informer in conformity with Section 15, and the balance is used for operational expenses and monitoring compliance by permitees with permit/certificate terms and conditions (Section 12.4).
The public auction is an official activity of PCSDS pursuant to implementation of R.A. 9175 in Palawan (Section 12.4).
Operation and actual use of a chainsaw with an expired Certificate of Registration and Authorization (Annex 4) is governed under Section 12.4 (Section 12.4).
Judicial and administrative confiscation regimes apply (Section 13–14).
Chainsaws sold, purchased, re-sold, transferred, distributed, leased, rented, lent, or possessed, and chainsaws not registered or renewed under the regulation, must be judicially confiscated pursuant to a criminal case filed under Section 7, Paragraph 1 of R.A. 9175 (Section 13).
Chainsaws possessed and actually used to cut trees and timber in forestland, or elsewhere, without a valid Certificate of Registration and authorization; and chainsaws used as tools to cut, gather, collect, remove, and/or process timber or forest products without necessary legal documents must be seized, and the chainsaw user must be arrested even without a warrant (Section 13).
The apprehending party must deliver the offender and the confiscated chainsaw(s) within thirty-six (36) hours and file the proper complaint with the appropriate official for preliminary investigation and/or file an information in court (Section 13).
The PCSDS has power to administratively confiscate chainsaw(s) used in illegal cutting of timber/forest products or not registered under this Order (Section 13).
Chainsaws used in cutting, gathering, collecting, removing, and/or processing timber or forest products without legal documents are subject to judicial and/or administrative confiscation under Section 77 and 77-A of P.D. 705, as amended and renumbered by Republic Act No. 7161, and as implemented by DAO 97-32 and other subsequent forestry regulations (Section 14).
Reward for informants
- Any person who voluntarily gives information leading to recovery or confiscation of an illegally possessed or unregistered chainsaw and resultant conviction is entitled to a reward equivalent to twenty percent (20%) of the value of the confiscated chainsaw unit(s) (Section 15).
- The amount necessary to carry out the reward purpose must be included in the budget of PCSDS (Section 15).
- A minimum linkage exists between auction proceeds and informant reward: 20% from proceeds is used as reward to the informer in conformity with Section 15 (Section 12.4).
PCSD authority, secretariat functions, and revocation controls
The SCU of PCSDS acts as the Secretariat and coordinates with the Forest Management Service (FMS) of the DENR Provincial Environment and Natural Resources Office and the PCSDS District Management Offices (Section 16).
The SCU maintains a database of records, data, and accounts of imported, registered, confiscated, and auctioned-off chainsaws (Section 16).
The Chairman of the PCSD or duly authorized representative may revoke any Certificate of Registration or Permit/Authority issued to a person, partnership, or corporation found violating rules and regulations issued pursuant to the Order; revocation triggers penal consequences under the Order (Section 17).
Registered chainsaws may be leased, rented, or lent for a legal purpose subject to DMO approval; otherwise, the Certificate of Registration is revoked by the Chairman or duly authorized representative (Section 17).
Force majeure or situations where public safety and/or animal welfare are at stake eliminate the need for DMO approval for the lease/rent/lending arrangement; the DMO approval requirement does not apply in those cases (Section 17).
A lost registered chainsaw must be reported by the owner or chainsaw user to the nearest DMO within three (3) calendar days from the date of loss (Section 17).
The concerned DMO issues a recall of the Certificate of Registration and informs the SCU; the SCU informs the Chairman of the PCSD through the Executive Director of the PCSDS (Section 17).
An owner of an unserviceable chainsaw must immediately report it to the DMO and request revocation of the Certificate of Registration; if the Certificate has expired, the owner must notify the DMO in writing that no longer renewing will be done (Section 17).
Separability, repeals, and effectivity
- Section 18 provides a separability rule: unconstitutional or invalid parts do not affect the validity of unaffected parts.
- Section 19 repeals or amends inconsistent orders, memoranda, circulars, rules, and regulations or parts thereof.
- Section 20 sets the 15-day publication and posting effectivity requirement after complete publication in at least two (2) local newspapers of general circulation and posting in municipal buildings, barangay halls, and conspicuous places throughout Palawan.