LEGAL ADVISORY August 15, 2013 [2nd Half of August] SUBJECT: Chainsaw Act On Nov. 7, 2002, Former President Gloria M. Arroyo approved RA 9175, otherwise known as the Chainsaw Act of 2002. For those police stations situated in provincial areas, the much often complaints that they encounter are those involving illegal logging committed by persons with the use of chainsaw. Thus, it is imperative that we know the laws regulating its use and possession. Section 5 of the law enumerates the persons who are authorized to possess and use chainsaw. It says: Section 5. Persons Authorized to Possess and Use a Chain Saw. - The Department is hereby authorized to issue permits to possess and/or use a chain saw xxx... to any applicant who: (a) has a subsisting timber license agreement, production sharing agreement, or similar agreements, or a private land timber permit; (b) is an orchard and fruit tree farmer; (c) is an industrial tree farmer; (d) is a licensed wood processor and the chain saw shall be used for the cutting of timber that has been legally sold to said applicant; or; (e) shall use the chain saw for a legal purpose. Section 6 of the law provides for the registration of a chainsaw, it says: Section 6. Registration of Chain Saws. – Xxx. Every permit to possess and/or use a chain saw for legitimate purpose shall be valid for two (2) years upon issuance: Xxx... Section 7 of the law provides for the violations and the respective penalties. It says: Section 7. Penal Provisions. – (1) Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chain Saw Without a Proper Permit. - Any person who sells, purchases, transfer the ownership, distributes or otherwise disposes or possesses a chain saw without first securing the necessary permit from the Department 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) but not more Thirty thousand pesos (30,000.00) or both at the discretion of the court, and the chain saw/s confiscated in favor of the government. xxx… (4) Actual Unlawful Use of Chain Saw. - Any person who is found to be in possession of a chain saw and uses the same to cut trees and timber in forest land or elsewhere except as authorized by the Department shall be penalized with imprisonment of six (6) years and one (1) day to eight (8) years or a fine of not less that 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 chain saw unlawfully used shall be likewise confiscated in favor of the government. Discussion: It appears that paragraph (1) of Section 7 already punishes a person who sells or possesses a chainsaw without permit. This is because unlawful actual use of chainsaw to cut trees is separately punishable under paragraph (4) of the same section. So, if by chance a police officer happens to see a person who is merely carrying a chainsaw, and upon investigation the said person cannot produce a permit, it seems that that person may be arrested and prosecuted under paragraph (1). Same with the dealer of chainsaw or businessman in the police officer’s area of responsibility who upon investigation cannot produce a permit from the DENR authorizing him for the distribution of chainsaw. But if the police officer catches the person in actual use of the chainsaw without permit to cut trees, he should be prosecuted under paragraph (b). Next Legal Advisory: Filing of a complaint before the Prosecution by the Chief of Police based from the allegations of the complainant in the Police Station, a ministerial duty or discretionary duty?
Posted on: Fri, 09 Aug 2013 13:39:10 +0000
Trending Topics
Recently Viewed Topics
© 2015