Ra 9175

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Republic Act No.

9175             November 7, 2002 (b) is an orchard and fruit tree farmer;

AN ACT REGULATING THE OWNERSHIP, (c) is an industrial tree farmer;


POSSESSION, SALE, IMPORTATION AND USE OF
CHAIN SAWS, PENALIZING VIOLATIONS THEREOF (d) is a licensed wood processor and the chain saw shall
AND FOR OTHER PURPOSES be used for the cutting of timber that has been legally
sold to said applicant; or
Be it enacted by the Senate and the House of
Representatives of the Philippines in Congress (e) shall use the chain saw for a legal purpose.
assembled: Agencies of the government that use chain saws in
Section 1. Title. - This Act shall be known as the "Chain some aspects of their functions must likewise secure the
Saw Act of 2002". necessary permit from the Department before operating
the same.
Section 2.  Declaration Policy.  – It is the policy of the
State consistent with the Constitution, to conserve, Section 6. Registration of Chain Saws. - Within a period
develop and protect the forest resources under of three (3) months from the effectivity hereof, all
sustainable management. Toward this end, the State persons who own or are otherwise in possession of
shall pursue an aggressive forest protection program chain saws must register the same with the Department,
geared towards eliminating illegal logging and other through any of its Community Environment and Natural
forms of forest destruction which are being facilitated Resources Office, which shall issue the corresponding
with the use of chain saws. The State shall therefore registration certificate or permit if it finds such persons to
regulate the ownership, possession, sale, transfer, be qualified hereunder.
importation and/or use of chain saws to prevent them Every permit to possess and/or use a chain saw for
from being used in illegal logging or unauthorized legitimate purpose shall be valid for two (2) years upon
clearing of forests. issuance: Provided, That permits to possess and use
Section 3. Definition of Terms. - As used in this Act, the chainsaw issued to non-commercial orchard and fruit
term: tree farmers shall be valid for a period of five (5) years
upon issuance. For this purpose, the Department shall
(a) "Chain saw" shall refer to any portable power saw or be allowed to collect reasonable registration fees for the
similar cutting implement, rendered operative by an effective implementation of this Act.
electric or internal combustion engine or similar means,
that may be used for, but is not limited to, the felling of Section 7. Penal Provisions. -
trees or the cutting of timber; (a) Selling, Purchasing, Re-selling, Transferring,
(b) "Chain saw dealer" shall refer to a person, natural or Distributing or Possessing a Chain Saw Without a
juridical, engaged in the manufacture, importation, Proper Permit. - Any person who sells, purchases,
distribution, purchase and/or sale of chain saws; transfer the ownership, distributes or otherwise disposes
or possesses a chain saw without first securing the
(c) "Department" shall refer to the Department of necessary permit from the Department shall be punished
Environment and Natural Resources; and with imprisonment of four (4) years, two (2) months and
one (1) day to six (6) years or a fine of not less than
(d) "Secretary" shall refer to the Secretary of the Fifteen thousand pesos (P15,000.00) but not more Thirty
Department of Environment and Natural Resources. thousand pesos (30,000.00) or both at the discretion of
Section 4. Persons Authorized to Manufacturer, Sell the court, and the chain saw/s confiscated in favor of the
and Import Chain Saws. - Chain saws shall only be sold government.
and/or imported by manufacturers, dealers and/or private (2) Unlawful Importation or Manufacturing of Chain Saw.
owners who are duly authorized by the Department. - Any person who imports or manufactures a chain saw
Section 5. Persons Authorized to Possess and Use a without obtaining prior authorization from the Department
Chain Saw. - The Department is hereby authorized to shall be punished by imprisonment of not less than one
issue permits to possess and/or use a chain saw for the (1) month nor more than six (6) months and a fine of not
felling land/or cutting of trees, timber and other forest or less than One thousand pesos (P1,000.00) for more than
agro-forest products to any applicant who: Four thousand pesos (P4,000.00).

(a) has a subsisting timber license agreement, (3) Tampering of Engine Serial Number. - Any person
who is found to have defaced or tampered with the
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production sharing agreement, or similar agreements, or


original registered engine serial number of any chain
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a private land timber permit;


saw unit shall be punished by imprisonment of not less
than one (1) month nor more than six (6) months and a the provisions of this Act, or the rules and regulations
fine of not less than One thousand pesos (P1,000.00) issued pursuant thereto.
nor more than Four thousand pesos (P4,000.00).
Section 11. Joint Congressional Oversight Committee. -
(4) Actual Unlawful Use of Chain Saw. - Any person who To monitor and oversee the implementation of this Act,
is found to be in possession of a chain saw and uses the including the approval of the rules and regulations issued
same to cut trees and timber in forest land or elsewhere pursuant hereto, there is hereby created a Joint
except as authorized by the Department shall be Congressional Oversight Committee to be composed of
penalized with imprisonment of six (6) years and one (1) the Chairpersons of the Senate Committee on
day to eight (8) years or a fine of not less that Thirty Environment and Natural Resources and the House
thousand pesos (P30,000.00) but not more than Fifty Committee on Natural Resources as Chairperson and
thousand pesos (P50,000.00) or both at the discretion of Co-Chairperson, five (5) members of each of the Senate
the court without prejudice to being prosecuted for a and the House of Representatives who shall be
separate offense that may have been simultaneously designated by the Senate President and the Speaker of
committed. The chain saw unlawfully used shall be the House of Representatives as
likewise confiscated in favor of the government. members: Provided,  That the two (2) of the five (5)
senators and two (2) of the five (5) House members shall
If the violation under this Section is committed by or be nominated by the respective Minority Leaders of the
through the command or order of another person, Senate and the House of Representatives.
partnership or corporation, the penalties herein provided
shall likewise be imposed on such other person, or the Section 12. Transitory Provision. - In the interim while
responsible officer(s) in such partnership or corporation. the Department is formulating the implementing rules
and regulations to effectively carry out the provisions of
If the offender is a public official or employee, in addition this Act, the Bureau of Customs is prohibited from
to the above penalties, he shall be removed from office approving any chain saw importation without clearance
and perpetually disqualified from holding any public from said Department.
office.
Section 13. Separability Clause. - If, for any reason, any
The chain saws confiscated under this Section shall be part or provision of this act shall be declared as
sold at public auction to qualified buyers and the unconstitutional or invalid, such parts or provisions not
proceeds thereof shall go to the Department. affected thereby shall remain in full force and effect.
Section 8. Reward. - Any person who voluntarily gives Section 14. Repealing Clause. - all laws, executive
information leading to the recovery or confiscation of an orders, presidential decrees, letters of instruction, rules
unregistered chain saw and the conviction of persons and regulations, or parts thereof which are inconsistent
charged thereof shall be entitled to a reward equivalent with any of the provisions of this Act are hereby repealed
to twenty person (20%) of the value of the chain saw and/or amended accordingly.
unit(s). The Department is authorized to include in its
budget the amount necessary to carry out the purpose of Section 15. Effectivity. - This Act shall take effect fifteen
this Section. (15) days after its complete publication in the Official
Gazette or in at least two (2) national newspapers of
Section 9. Authority of the Secretary.  - To effectively general circulation, whichever comes earlier.
implement the provisions of this Act, the Secretary shall
issue the implementing rules and regulations within
ninety (90) days upon approval of this Act. He shall
likewise organize an office within the Department to
ensure that requirements imposed by this Act may be
complied with by qualified persons, within the shortest
possible time, at the least possible expense.

In the Province of Palawan, the provisions of this Act


shall be implemented by the Palawan Council for
Sustainable Development pursuant to Republic Act No.
7611 or the Strategic Environmental Plan for Palawan.

Section 10. Revocation of Registration and Permit. -


The Secretary may revoke any Certificate of Registration
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or permit previously issued to a person found violating


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