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# 7
Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
(R.A. 7611)
Puerto Princesa City, Palawan
ADMINISTRATIVE ORDER # 7
(As amended by PCSD Resolution No. 06-313)
IMPLEMENTING RULES AND REGULATIONS OF THE CHAINS AW ACT
OF 2002 (R.A. 9175) IN THE PROVINCE OF PALAWAN
CHAPTER I
BASIC POLICY, OBJECTIVES AND DEFINITIONS
Section 1. Basic Policy.
It is the policy of the State, consistent
with the Constitution, to conserve, develop and protect the forest
resources through sustainable forest management. Towards this end
the State shall pursue an aggressive forest protection program geared
towards eliminating illegal logging and other forms of forest destruction
which are being facilitated with the use ofchainsaws.
Section 2. Objectives. (as amended by PCSD Resolution 06-313)
This Order is promulgated to achieve the
following objectives:
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, as well as
to ascertain
that individual applicant for registration are indeed qualified
to possess
and use the same for legal purposes;
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.
2.4 For effective and efficient implementation
of the Chainsaw Act in the
Province of Palawan.
Section 3. Definition of Terms. (As amended by PCSD Resolution 06-313)
Section 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. It
shall likewise refer to circular saw capable of cutting timber,
provided it is portable.
Section 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.
Section 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.
Section 3.4 Chainsaw owner/possessor - shall refer to any person,
natural or juridical, who owns/possesses a chainsaw, as authorized
by the PCSD.
Section 3.5 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.
Section 3.6 Industrial Tree Farm - refers to plantation in an area
of at least 100 hectares.
Section 3.7 Industrial Tree Farmer - shall refer to a person engaged
in large-scale tree farming within private and public lands with
an area of at least 100 hectares.
Section 3.8 Legal Purpose - shall refer to activities such as tree
pruning, tree surgery, landscaping, timber stand improvement as
authorized by the DENR in appropriate instances and other allied
silvicultural activities.
Section 3.9 MENRO - refers to the Municipal Environment and Natural
Resources Officer.
Section 3.10 Non-commercial orchard and fruit tree farmers - shall
refer to persons, natural or juridical, whose plantation is not
for commercial purpose and such area is not less than one (1) hectare.
Section 3.11 Orchard - shall refer to lands, at least 1 hectare,
planted with fruit trees and other trees of economic value, such
as, but not limited to bamboo, coconut, anahaw and other palms.
Section 3.12 PCSD - shall refer to the Palawan Council for Sustainable
Development pursuant to R.A. 7611.
Section 3.13 PCSDS - shall refer to the Palawan Council for Sustainable
Development Staff, headed by its Executive Director pursuant to
R.A. 7611.
CHAPTER II
SCOPE
Section 4. Scope. (As amended by PCSD Resolution 06-313)
These rules and regulations shall cover the purchase, manufacture,
ownership, possession, sale, transfer, importation and use of chainsaws.
Henceforth, all chainsaw owners shall apply for registration with
the PCSD.
CHAPTER III
GENERAL PROVISIONS
Section 5. Persons authorized to purchase, transfer the
ownership, import, manufacture, distribute, and/or sell, re-sell
chainsaws.
Only persons, duly authorized by the PCSD shall be allowed to purchase,
transfer the ownership, import, manufacture, distribute and/or sell,
or re-sell chainsaws.
Section 6. Persons authorized to own, possess and use chainsaws. (As amended by PCSD Resolution 06-313)
The PCSD may issue a Certificate of Registration to qualified owners,
possessors and/or users of chainsaws falling under any of the following
categories.
6.1 Holder/s of any of the following subsisting instruments:
a.
Production Sharing Agreement
b.
Co-Production Sharing Agreement
c.
Private Land Timber Permit
d.
Special Private Land Timber Permit
e.
Community-Based Forest Management Agreement (CBFMA)
f.
Integrated Forest Management Agreement (IFMA)
g.
Socialized Industrial Forest Management Agreement (SIFMA)
h.
Philippine Coconut Authority (PCA) issued permits
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.
Section 7. Registration of Chainsaws. (As amended by PCSD Resolution 06-313)
For purposes of registration, only chainsaw units owned and/or
operated by government agencies/offices or Government Owned and
Controlled Corporations (GOCCs) may be registered. The PCSD or its
authorized representative may issue the corresponding Certificate
of Registration in the name of the government agency/office or GOCC
who cause the registration of the unit if it finds such applicant
to be qualified hereunder. No new registration may be granted to
any person, natural or juridical, unless the PCSD authorizes such
registration through a resolution.
The Certificate of Registration, previously granted/issued to chainsaw
units belonging to individuals or entities and those who were allowed
to renew the same and to those issued to government agencies/offices
or GOCCs, shall also serve as the permit to own, possess and/or
use the chainsaw for legal purpose; Provided, that when the intended
use requires a permit/authority from other concerned government
agencies/offices, such permit/authority shall first be secured prior
to actual use. Provided further, that chainsaw units without a serial
number shall not be registered except those previously issued with
a Certificate of Registration in which case the PCSD shall engrave
a corresponding number for such unit/s.
7.1 Coding System of Registered Chainsaws
7.1.1. An alpha-numeric coding system as control number for registered
chainsaws shall follow the following sequence: the initials provided
in sub-section
7.1.2 as Municipal Code, where the chainsaw was registered; followed
by the last two digits of the year when the chainsaw was registered;
and the assigned number
of the Chainsaw.
7.1.2. The following shall be the municipal codes for each municipality
where the chainsaw shall be registered:
a. Coron = CO m. Cagayancillo = CG
b. Culion = CL n. Agutaya = AG
c. Busuanga = BU o. Kalayaan = KY
d. Linapacan = LN p. Puerto Princesa = PPC
e. Roxas = RX q. Aborlan = AB
f. San Vicente = SV r. Narra = NR
g. Dumaran = DU s. Quezon = QZ
h. Taytay = TY t. Sofronio Espanola = ES
i. EINido-EN u. u. Brooke's Point - BP
j. Araceli = AR v. Rizal = RZ
k. Cuyo-CY w. Balabac - BL
1. Magsaysay - MG x. Bataraza = BZ
7.2 The control number, described in 7.1.1 assigned to every registered
chainsaw shall be placed in the Certificate of Registration. The
original copy of
the Certificate of Registration shall be kept by the owner while
the duplicate copy operator by the PCSD. A copy of the Certificate
of Registration must be with the chainsaw operator at all times.
Section 8. Requirements for a Certificate
of Registration.(As amended by PCSD Resolution 06-313)
- Applicants for registration of chainsaws shall submit all of
the following requirements to the PCSDS.
8.1 For Original / New Applications
8.1.1 Holder of a subsisting 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;
• Copy of the tenurial instrument in the name of applicant or an endorsement from the PCA if the use is for coconut trees;
• Proof of ownership of chainsaw (sales invoice, deed of
sale, deed of donation, through succession,
etc.);
• Stencil of Engine Serial number;
• Barangay Certificate;
• Registration Fee.
8.1.2 Orchard or fruit tree farmer or industrial tree farmer
• Duly accomplished Application Form;
• Proof of ownership of chainsaw (sales invoice, deed of
sale, deed of donation, through succession, 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;
• Copy of Original Certificate of Title, Transfer Certificate
of Title, other documents that can prove
ownership or legitimate possession of a piece of agricultural
land;
• Stencil of Engine Serial number;
• Registration fee.
8.1.3 Licensed Wood Processors
• Duly accomplished Application Form;
• Copy of accredited/approved Wood Processing Establishment
Permit, or similar business permits
from the Local Government Unit;
• Proof of ownership of chainsaw (sales invoice, deed of
sale, deed of donation, through succession,
etc);
• Stencil of Engine Serial number;
• Barangay Certificate;
• Notarized Certification of legal source of raw materials.
• Registration Fee;
8.1.4 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 ;
• Certification from Head of Office ot his/her authorized
representative that chainsaws are owned/possessed
by the office and used for legal purpose (specify);
• Proof of ownership of chainsaw (sales invoice, deed of
sale, deed of donation,etc);
• Stencil of Engine Serial number;
• Registration fee.
8.1.5 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;
• Affidavit that the chainsaw will be used for personal
and for a legal purpose;
• Proof of ownership of chainsaw (sales invoice, deed of
sale, deed of donation, through succession,
etc);
• Stencil of Engine Serial number;
• Barangay Certificate;
• Copy of Original Certificate of Title, Transfer Certificate
of Title, other documents that can prove ownership
or legitimate possession of a piece of agricultural land;
• Registration fee.
Registered units in a certain municipality
cannot be used/operated in another municipality, unless duly authorized by the PCSD. The same must also be used
for the purpose it was registered for as stated in the Certificate of Registration. In cases were the
use or operation in another municipality is not authorized in
the Certificate of Registration, the PCSD may issue a Transport Permit, provided the requirements for such use or operation has been submitted.
When the unit requires service or repair, and
that there is no repair or service center in the municipality
where the unit was registered, the same may be brought to another
municipality, provided, that the PCSD issues a certification for such purpose.
Section 9. Requirements for permit/authority to purchase,
import, manufacture, transport and/or sell/transfer ownership of chainsaws.
Applicants for permit/authority to purchase,
import, manufacture,transport and/or sell/transfer ownership of chainsaws shall submit the following requirements:
9.1 Permit to Purchase or Import
9.1.1 Duly accomplished application form 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, LGU Business Permit,SEC registration
or CDA registration;
9.1.3
If applicant is an individual, affidavit that he will use the chainsaw
for legal purposes
only.;
9.1.4
Certified copy of Tenurial Instrument or Permit to Utilize/Cut issued by concerned agencies, Original Certificate of Title or Transfer Certificate of Title or other title/document of ownership of real property in applicant's name;
9.1.5 Copy of purchase orders, if imported;
9.1.6
Permit fee.
9.2 Permit to manufacture
9.2.1
Duly accomplished application form 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 Transport.
9.3.1 Duly accomplished
application form;
9.3.2 Certificate of Registration;
9.3.3 Certified copy of Tenurial Instrument or Permit to Cut issued by concerned agencies, Original Certificate of Title or Transfer Certificate of Title or other title/document of ownership of real property in applicant's name;
9.3.4 Permit fee.
9.4 Permit to sell/transfer of ownership..
9.4.1 Duly accomplished
application form together with the number and specifications of the chainsaw(s)
9.4.2 Proof of ownership of chainsaws (sales invoice, deed of sale, etc.);
9.4.3 Business registration from DTI or in case of individual transactions, this requirement may be dispensed with;
9.4.4 Certificate of Registration
9.4.5 Permit fee.
Section 10. Processing of Application. (As amended by PCSD Resolution 06-313)
Applications for a Certificate of
Registration or Permits/Authorizations under this Order shall be
filed with the PCSD thru the District Management Office concerned or in the Project
Operation and Implementation Department of the PCSDS. Such application
shall thereafter be evaluated by the assigned district staff upon submission
by the applicant of the complete requirements and payment of the
registration fee or permit fee. The Staff who evaluated the application
shall submit his/her recommendations together with the application
form and the attachments thereto to the Office of the Executive
Director for appropriate action.
When a chainsaw unit subject of an
application for registration is seized or confiscated for violation
of a law or this Order, the processing of such application shall
be suspended. The processing of the application shall resume once
the case is dismissed on the merits. However, if the case shall
prosper, the PCSD shall impose the administrative penalties as herein
provided.
Section 11. Registration and Permit Fee. (As amended by PCSD Resolution 06-313)
A permit fee of P500.00 for the purchase,
importation, manufacture, transport and sale/transfer of chainsaws
shall be collected for every permit issued. A registration fee of
P500.00 shall likewise be collected for every chainsaw registered.
The same amount shall be paid for renewal of registration or permit.
Any money collected by the PCSD as
registration and/or permit fees under this Order and payments made
by way of fines as a penalty for violation of this Order shall accrue
to the PCSDS fund to be used for the effective implementation of
the law.
Section 12. Renewal of Registration. (As amended by PCSD Resolution 06-313)
The following shall be required for the renewal of certificate of
registration:
• Duly accomplished Application Form
with the attached requirements.
• Original copy of the latest
Certificate of Registration of Chainsaw
• Certification as to no conviction of a Criminal and/or Administrative Case for violation of the Chainsaw Act and its Implementing Rules and Regulations
• Registration fee
As much as possible application for
renewal shall be filed at least thirty (30) calendar days before
the expiration date reflected in the said certificates.
Section 13. Validity of Certificate of Registration and
Permits.
The Certificate of Registration of a chainsaw
shall be valid for two (2) years upon issuance, renewable for the
same period; provided that Certificates of Registration issued to
non-commercial orchard and fruit tree farmers, and similar individuals
or entities whose line of business or work are not related to wood
and/or timber production, processing and trade shall be valid for
a period of five (5) years upon issuance, renewable for the same
period, unless otherwise revoked by the issuing authority.
Chainsaw units that were registered and
issued a Certificate of Registration by virtue of Section 8.1.1
of this Order shall be surrendered to the PCSD, thru its District
Management Offices for safe keeping in the event that the tenurial
instrument for which their registration was granted had expired
or was consumed. The same shall be returned to the registered owner
when a new tenurial instrument/cutting permit has been issued in their name by the concerned government agency, provided that the Certificate of
Registration issued to them is still valid, otherwise, they should
apply for a renewal of their Certificate of Registration.
Every permit to purchase, import,manufacture,transport,sell/transfer ownership, shall be valid for a period of one (1) year from date of issuance or when the purpose to which it was issued has been completed.
Section 14. Chainsaws used for cutting Coconut Trees.
All chainsaw units whose intended
use is to cut coconut trees may be registered provided an endorsement
from the Philippine Coconut Authority (PCA) has been submitted by
the applicant as a requirement. Chainsaws registered with the PCA
shall only be used to cut/fell or slice coconut tress. It shall
be the responsibility of the PCA to monitor the use of said chainsaw
units.
CHAPTER IV
PROHIBITED ACTS AND PENALTIES
Section 15. The following acts are prohibited under this
Order and shall therefore be subject to seizure: (As amended by PCSD Resolution 06-313)
15.1 No person shall sell, purchase, re-sell,
transfer the ownership, distribute,
or otherwise dispose or possess a chainsaw
without first securing the
necessary permit from the PCSD.
15.2 No person shall import or manufacture
a chainsaw in the province without
obtaining prior authorization from the PCSD.
15.3 No person shall deface or tamper the
original registered engine serial
number of any chainsaw unit.
15.4 No person shall use registered or unregistered
chainsaw to cut trees or
timber in forestland or elsewhere without
the proper documents/permits
from the concerned government agencies.
15.5 No person shall, in any case, be allowed
to assemble a chainsaw unit.
15.6 No person shall use an unregistered
chainsaw unit;
15.7 No person shall operate and/or use
a chainsaw with an expired Certificate
of Registration.
15.8 No person shall be allowed to use or
possess any registered chainsaw
outside the municipality where the same
is registered unless so authorized.
15.9 No Chainsaw dealer and/or owner shall
sell a chainsaw unit to a person or
entity who does not possess a valid permit
to purchase nor for him to sell
without a valid permit to sell.
15.10 No registered chainsaw unit shall
be used for any purpose aside from that
to which is was registered except in emergency
cases to prevent danger to
life or property.
Section 16. Administrative Proceedings. (As amended by PCSD Resolution 06-313)
The PCSD through the PCSD Adjudication Board
and by virtue of PCSD Resolution No. 207, as amended by PCSD Resolution
No. 238 shall have the power to administratively hear and try cases
for acts prohibited under this Order. The adjudication of said cases
shall be a proceeding in rem, hence, upon the filing of the administrative
complaint, the chainsaw unit/s seized or confiscated shall simultaneous
thereto, be turned over to the PCSD.
Chainsaw unit/s used in acts prohibited
under this Order and found to be so, shall be forfeited in favor
of the government. The PCSD Adjudication Board however may, in its
discretion, impose an administrative fine for units which are registered
but was used in violation of this Order.
The PCSD Adjudication Board, in cases where
only an administrative case was filed, shall, aside from forfeiting
the unit and imposition of a fine if evidence warrants, may cause
the filing of a criminal case in the Office of the Provincial Prosecutor
for violation of the Chainsaw Act of 2002.
If the violation was
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.
The PCSD Adjudication Board after due notice
and hearing may revoke any Certificate of Registration or Permit
issued to a person, partnership or corporation found violating the
rules and regulations issued pursuant thereto or the terms and conditions
stated in the Certificate of Registration and shall be penalized
in accordance with the provisions of this Order.
CHAPTER V
MISCELLANEOUS PROVISIONS
Section 17. Lost,Stolen or Unserviceable Chainsaw unit.(As amended by PCSD Resolution 06-313)
A lost or stolen registered chainsaw shall
be reported by the owner or chainsaw user to the PCSD within three
(3) calendar days from date of loss, a police blotter and an affidavit to that effect shall be submitted. The PCSD shall issue a recall of the Certificate of Registration.
In case of unserviceable chainsaws, the
owner shall immediately report the same to the PCSD and request
for the revocation of the Certificate of Registration. If the owner
intends to replace the said unit with a new one, he/she shall notify
the PCSD in writing provided that the Certificate of Registration
of the unserviceable unit is still valid. A permit to purchase shall
thereafter be issued subject to the requirement provided in Section 9.1 of this Order and the unserviceable unit surrendered to the
PCSD. The registration of the new unit as replacement of the unserviceable one shall be valid only for the period equivalent to the unexpired portion of the Certificate of Registration.
Section 18. Separability Clause.
If, for any reason, any part or provision
of this Order shall be declared as unconstitutional or invalid,
such parts or provisions not affected thereby shall remain in full
force and effect.
Section 19. Repealing Clause.
All orders, memoranda,
circulars, rules and regulations, or parts thereof which are inconsistent
with any of the provisions of this Order are hereby repealed and/or
amended accordingly.
Section 20. Effectivity.
This Order shall take
effect fifteen (15) days after its complete publication in at least
two (2) local newspapers of general circulation and by posting copies
in all municipal buildings, barangay halls, and conspicuous places
in every municipality in Palawan.
Signed.
APPROVED FOR THE COUNCIL
ABRAHAM KAHLIL B. M1TRA
Chairman,PCSD
See PCSD Resolution No. 06-313
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