(NAR) VOL. 15 NOS. 1-2 / JANUARY - MARCH 2004
2.1 To regulate the purchase, ownership, possession, sale, transfer, importation and/or use of chainsaws to prevent them from being used in illegal logging or unauthorized clearing of forests.
2.2 To establish and maintain a local database on the existing number of chainsaws, authorized dealers, authorized users, importation and sales thereof, among others; and
2.3 To facilitate the monitoring of the operations of chainsaw importers, users, and others.
3.1 Chainsaw - shall refer to 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, but is not limited to, the felling of trees or the cutting of timber.
3.2 Chainsaw dealer - shall refer to a person, natural or juridical engaged in the manufacture, importation, distribution, purchase and/or sale of chainsaws, as authorized by the PCSD.
3.3 Chainsaw user - shall refer to any person, natural or juridical, who uses and/or operates a chainsaw for the purpose of felling, bucking, trimming and/or breaking down into suitable sizes of timber, coconut, anahaw, other palms, and similar woody materials, as authorized by the PCSD.
3.4 Chainsaw owner/possessor - shall refer to any person, natural or juridical, who owns/possesses a chainsaw, as authorized by the PCSD.
3.5 Chairman - shall refer to the Chairman of the Palawan Council for Sustainable Development.
3.6 DMO - shall refer to any of the District Management Offices of the PCSDS.
3.7 District Manager - refers to the head of the DMO.
3.8 Forestland - shall refer to lands of the public domain which have not been declared as alienable and disposable lands and includes the public forest, coastal forests, forests in watershed reservations, forests in protected areas, timber lands, grazing lands, and wildlife sanctuaries.
3.9 Industrial Tree Farmer - shall refer to a person engaged in large-scale tree farming within private lands.
3.10 Legal Purpose - shall refer to activities such as tree pruning, tree survery, landscaping, timber stand improvement, and other allied silvicultural activities.
3.11 Orchard - shall refer to lands planted with fruit trees and other trees of economic value, such as, but not limited to bamboo, coconut, anahaw and other palms.
3.12 PCSD - shall refer to the Palawan Council for Sustainable Development.
3.13 PCSDS - shall refer to the Palawan Council for Sustainable Development Staff, headed by its Executive Director.
3.14 POID - shall refer to the Project Operations and Implementation Department of the PCSDS that shall supervise the registration of chainsaws.
3.15 SCU - shall refer to the Special Concerns Units of the PCSDS created by the Executive Director by virtue of PCSDS Office Memorandum dated 20 August 2003 to oversee among others, the implementation of the Chainsaw Act of 2002.
6.1 Holder/s of any of the following subsisting instruments:a. Timber License Agreement
b. Production Sharing Agreement
c. Co-Production Sharing Agreement
d. Private Land Timber Permit
e. Special Private Land Timber Permit
f. Community-Based Forest Management Agreement (CBFMA)
g. Integrated Forest Management Agreement (IFMA)
h. Socialized Industrial Forest Management Agreement (SIFMA)
i. Other similar tenurial instruments.
6.2 Orchard or fruit tree farmer
6.3 Industrial tree farmer
6.4 Licensed wood processor, in which the chainsaw shall be used for the cutting of timber that has been legally sold to said applicant.
6.5 Any entity, natural or juridical who shows satisfactory proof that the possession and/or use of the chainsaw is for a legal purpose.
6.6 Agencies of the government, such as but not limited to Local Government Units and Protected Area Offices, Government-Owned and Controlled Corporations (GOCCs) that use chainsaws in some aspects of their functions.
7.1.1 The coding system for registered chainsaws shall follow the following sequence: Municipal Code where the chainsaw was registered- Last two digits of the year when the chainsaw was registered-Control Number of the Chainsaw.
7.1.2 The following shall be the municipal codes for each municipality where the chainsaw shall be registered under the appropriate DMO:a. Coron = CO
b. Culion = CL
c. Busuanga = BU
d. Linapacan = LN
e. Roxas = RX
f. San Vicente = SV
g. Dumaran = DU
h. Taytay = TY
i. El Nido = EN
j. Araceli - AR
k. Cuyo = CY
l. Magsaysay = MG
m. Cagayancillo = CG
n. Agutaya = AG
o. Kalayaan = KY
p. Puerto Princesa = PPC
q. Aborlan = AB
r. Narra = NR
s. Quezon = QZ
t. Sofronio Española = ES
u. Brooke's Point = BP
v. Rizal = RZ
w. Balabac = BL
x. Bataraza = BZ
8.1 For Original/New Applications8.1.1 Holder of a subsisting Timber License Agreement, Production Sharing Agreement, Co-Production Sharing Agreement, or a Private Land Timber Permit/Special Private Land Timber Permit, CBFMA, IFMA, SIFMA, or other similar tenurial instruments:- Duly accomplished Application Form (Annex 2*)
- Copy of the tenurial instrument
- Detailed specification of chainsaws to be registered (brand model, engine capacity, serial number, etc.) Purpose of use, areas/location where it is to be used, name of owner, date of purchase, and name of dealer.
- Proof of ownership of chainsaw (sales invoice, deed of sale, etc.)
- Stencil of Engine Serial Number
- Registration Fee8.1.2 Orchard or fruit tree farmer or industrial tree farmer- Duly accomplished Application Form (Annex 2*)
- Detailed specification of chainsaws to be registered (brand, model, engine capacity, serial number), purpose of use, areas/location where it is to be used, name of owner, date of purchase, and name of dealer.
- Proof of ownership of chainsaw (sales invoice, deed of sale, etc)
-Copy of certificate of tree plantation ownership, or similar tenurial instrument.
-Certification from Barangay Captain concerned that applicant is an orchard or tree farmer with an area of at least 1 hectare.
- Stencil of Engine Serial number
-Registration fee8.1.3 Licensed Wood Processors- Duly accomplished Application Form (Annex 2)
- Copy of accredited/approved Wood Processing Establishment Permit, or similar business permits from the Local Government Unit
- Detailed specification of chainsaws to be registered (model, brand, engine, capacity, serial number), purpose of use, areas/location where it is to be used, name of owner, date of purchase, and name of dealer.
- Proof of ownership of chainsaw (sales invoice, deed of sale, etc)
- Registration fee
- Stencil of Engine Serial number
- Notarized Certification of legal source of raw materials8.1.4 Agencies of the government, such as, but not limited to Local Government Units, and Protected Area Offices, Government- Owned and Controlled Corporations (GOCCs).- Duly accomplished Application Form (Annex 2)
- Certification from Head of Office or his/her authorized representative that chainsaws are owned/possessed by the office and used for legal purpose (specify)
- Detailed specification of chainsaws to be registered (model, brand, engine, capacity, serial number), purpose of use, areas/location where it is to be used, name of owner, date of purchase, and name of dealer.
- Proof of ownership of chainsaw (sales invoice, deed of sale, etc.)
- Stencil of Engine Serial number
- Registration fee8.1.5 Other Persons/entities who can show satisfactory proof that the possession and/or use of chainsaws is for a legal purpose.- Duly accomplished Application Form (Annex 2)
- Copy of Business Permit from the Local Government Unit and/or Affidavit that the chainsaw is needed in the applicant's work/profession and will be used for a legal purpose
- Detailed specification of chainsaws to be registered (model, brand, engine, capacity, serial number), purpose of use, areas/location where it is to be used, name of owner, date of purchase, and name of dealer.
- Proof of ownership of chainsaw (sales invoice, deed of sale, etc.)
- Stencil of Engine Serial number
- Registration fee
8.2 Application for Renewal8.2.1 Duly accomplished Application Form (Annex 2)
8.2.2. Original copy of the latest Certificate of Registration of Chainsaw
8.2.3 Registration fee
9.1 Permit to Purchase or Import (Annex 3*)9.1.1 Duly accomplished application form (Annex 2) together with the following details:- Number of chainsaws to be purchased/imported with the specifications
- Purpose for the purchasing/importing
- Name and address of seller/supplier
- Expected time of arrival at port of entry and/or release from the Bureau of Customs, if imported
- Import Entry Declaration from the Bangko Sentral ng Pilipinas
9.1.2 Business name registration of applicant from DTI, SEC registration or CDA registration
9.1.3 If applicant is an individual, affidavit that he will use the chainsaw for legal purposes only (e.g. tree pruning, tree surgery, landscaping, timber stand improvement, and other allied silvicultural activities)
9.1.4 Copy of purchase orders, if imported
9.1.5 Permit fee
9.2 Permit to manufacture (Annex 3)9.2.1 Duly accomplished application form (Annex 2) together with the following details:- Number and type of chainsaws to be manufactured
-Source of materials, parts or accessories
9.2.2 Business name registration of applicant from DTI, SEC registration or CDA registration
9.2.3 Permit fee
9.3 Permit to sell/re-sell/distribute/transfer of ownership (Annex 3)9.3.1 Duly accomplished application form (Annex 2) together with the number and specifications of chainsaws to be sold.
9.3.2. Proof of ownership of chainsaws (sales invoice, deed of sale, etc.)
9.3.3 Business registration from DTI or in case of individual transactions, this requirement may be dispensed with.
9.3.4 Permit fee
9.4 Authority to lease, rent or lend, or operated by employed workers, members of associations, or other persons (Annex 4*)9.4.1 Letter request
9.4.2 Contract of lease, rent, lending, hiring, job order, or any other similar and supporting documents that legitimizes and authorize other chainsaw users.
9.4.3 Number and type of chainsaws to be used
9.4.4 In case of an association, partnership or corporation, a list of potential chainsaw users within their group shall also be submitted.
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 in no case shall the fine exceed Php 500.00
12.1 Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chainsaw Without a Proper Permit - Any person who sells, purchases, transfers the ownership, distributes, or otherwise disposes or possesses a chainsaw without first securing the necessary permit from the PCSD shall be 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 Fifteen Thousand Pesos (P15,000.00) or both at the discretion of the court, and the chainsaw/s confiscated in favor of the government.
12.2 Unlawful Importation or Manufacturing of Chainsaw - Any person who imports or manufactures a chainsaw without obtaining prior authorization from the PCSD shall be punished by imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than One Thousand Pesos (P1,000.00) nor more than Four Thousand Pesos (P4,000.00).
12.3 Tampering Engine Serial Number - Any person who is found to have defaced or have tampered the original registered engine serial number of any chainsaw unit shall be punished by imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than One Thousand Pesos (P1,000) nor more than Four Thousand Pesos (P4,000.00).
12.4 Actual unlawful Use of Chainsaw - Any person who is found to be in possession of a chainsaw and uses the same to cut trees and timber in forest land or elsewhere without the proper documents as stated in this Order or as authorized by the PCSD shall be penalized with imprisonment of six (6) years and one (1) day to eight (8) years or a fine of not less than Thirty Thousand Pesos (P30,000.00) but not more than Fifty Thousand Pesos (P50,000.00) or both at the discretion of the court without prejudice to being prosecuted for a separate offense that may have been simultaneously committed. The chainsaw unlawfully used shall be likewise confiscated in favor of the government.
If the violation under this Section is committed by or through the command or order of another person, association, partnership or corporation, the penalties herein provided shall likewise be imposed on such other person, or the responsible officer in such association, partnership or corporation.
If the offender as described in this Section is a public official, the offender shall be removed from office and perpetually disqualified from holding any public office, in addition to the above penalties.
All chainsaws confiscated under this Section shall be turned-over to the PCSDS which shall sell the same through public auction to persons duly authorized to own, posess and use chainsaw as explicitly enumerated under Section 6 hereof. Proceeds of sale thereof shall accrue to the PCSDS.
Operation and actual use of a chainsaw with an expired Certificate of Registration and Authorization (Annex 4) shall also be governed under this Section.
Out of the proceeds from public auction, 20% shall be given as reward to the informer in conformity with Section 15 hereof. The balance shall be used for operational expenses and for monitoring the compliance by the permitees with the terms and conditions of their permits or Certificate of Registration by the PCSDS.
The public auction shall be an official activity of the PCSDS pursuant to the implementation of R.A. 9175 in the Province of Palawan.