Objectives of the Implementing Rules
- Regulate purchase, ownership, possession, sale, transfer, importation, and use of chainsaws.
- Prevent use of chainsaws in illegal logging and unauthorized forest clearing.
- Establish a local database of chainsaws, authorized dealers, users, importers.
- Facilitate monitoring of importers and users operations.
Definitions of Key Terms
- Chainsaw: Portable power saw operated electrically or by combustion engine.
- Chainsaw dealer: Person or entity authorized to manufacture, import, distribute, or sell chainsaws.
- Chainsaw user: Authorized person/entity operating chainsaw for legitimate timber and tree processing.
- Chainsaw owner/possessor: Authorized person/entity owning or possessing a chainsaw.
- Other terms: Chairman (PCSD head), DMO (District Management Offices), Forestland, Industrial Tree Farmer, Legal Purpose, Orchard, PCSD, PCSDS, POID, SCU as defined.
Scope of Regulation
- Covers purchase, manufacture, ownership, possession, sale, transfer, importation, and use of chainsaws in Palawan.
- Previous DENR chainsaw registration terminated; re-registration required within three months.
- Monthly reporting on registrations to be submitted for monitoring.
Authorized Persons to Transact Chainsaws
- Only PCSD-authorized persons may purchase, transfer ownership, import, manufacture, distribute or sell chainsaws.
- Registration required for owners, users, possessors in specified categories including holders of tenurial instruments, orchard/tree farmers, licensed wood processors, government agencies.
- Using or operating a chainsaw by a third party must comply with specified requirements.
Registration Procedures
- All chainsaws must be registered with PCSD through DMOs within prescribed period.
- Certificate of Registration issued upon approval, valid for 2 years or 5 years for specific non-commercial users.
- Certificate serves as permit to own, possess, and use the chainsaw.
- Serialized sticker with registration details attached to chainsaws.
- Coding system established for registrations based on municipal codes.
Requirements for Certificate of Registration
- Original/new applications require submission of:
- Application form, tenurial instruments or proof of farming/processing activities.
- Chainsaw specifications, proof of ownership, and registration fee.
- Additional certifications depending on applicant type.
- Renewal application requirements outlined.
Permits for Purchase, Importation, Manufacture, Sale, Transfer, and Use
- Specific permits required with detailed application requirements for:
- Purchasing or importing chainsaws.
- Manufacturing chainsaws.
- Selling, reselling, distributing, transferring ownership.
- Leasing, renting, lending, or operation by workers or association members.
- Documents include application forms, business registrations, proofs of ownership, and permits fees.
Issuing Authorities and Processing Times
- DMOs process applications and issue permits and registrations within 15 working days.
- Permits valid for one year; registrations valid as specified.
- Copies of permits and registrations distributed to relevant offices including DENR and Bureau of Customs.
- Monthly registry reports submitted to PCSDS Special Concerns Unit.
Fees and Penalties for Late Registration
- Permit and registration fees set at P500.00 each.
- Fees for renewal match initial registration fees.
- Fines imposed for late registration increase incrementally, capped at P500.00.
- Fees and fines accrue to PCSDS for operations and monitoring.
Penal Provisions for Violations
- Selling, purchasing, or possessing chainsaws without a proper permit punishable by imprisonment (4 years 2 months 1 day to 6 years) and/or fines (minimum P15,000), plus confiscation.
- Unlawful importation or manufacture punishable by imprisonment (1 to 6 months) and fines (P1,000 to P4,000).
- Tampering with engine serial numbers likewise punishable.
- Illegal use of chainsaws for cutting trees punishable by imprisonment (6 years 1 day to 8 years), fines (P30,000 to P50,000), and confiscation.
- Additional penalties for corporate or public officials involved.
- Confiscated chainsaws to be auctioned; proceeds used partly as informer’s reward and for PCSDS operations.
Confiscation Rules
- Chainsaws unlawfully sold, transferred, or used subject to judicial confiscation.
- Chainsaws used for illegal cutting without documents may be seized and user arrested without warrant.
- Confiscated chainsaws handled by PCSDS for possible administrative confiscation or auction.
Additional Confiscation Under Forestry Laws
- Chainsaw confiscation also subject to P.D. 705 and related forestry regulations.
Reward for Informers
- Informers providing information leading to confiscation and conviction entitled to 20% reward of chainsaw’s value.
- Budget for reward included in PCSDS budget.
Authority and Secretariat Functions
- PCSDS Special Concerns Units (SCU) act as Secretariat coordinating with relevant offices.
- SCU maintains comprehensive database of chainsaw records including importation, registration, confiscation, auction.
Revocation of Permits and Registrations
- PCSD Chairman or authorized representatives may revoke certificates or permits for violations.
- Registered chainsaws leased or lent require DMO approval except in emergencies.
- Procedures for reporting lost or unserviceable chainsaws and recall of certificates outlined.
Final Provisions
- Separability clause ensures unaffected provisions persist if part declared invalid.
- Repeal clause rescinds inconsistent orders or regulations.
- Effectivity clause sets order to take effect 15 days after publication and posting in Palawan.
This comprehensive regulation establishes a strict regime governing chainsaw ownership and usage in Palawan aimed at forest conservation and sustainable management, with clear registration, monitoring, and enforcement mechanisms including penalties and rewards for compliance and participation.