CHAIN SAW ACT OF 2002

Case Overview and Summary

Title: Chain Saw Act of 2002

Declaration of Policy (Section 2):
- The State shall conserve, develop and protect forest resources under sustainable management.
- The State shall pursue an aggressive forest protection program to eliminate illegal logging and forest destruction facilitated by chain saws.
- The State shall regulate ownership, possession, sale, transfer, importation and use of chain saws to prevent their use in illegal logging or unauthorized forest clearing.

Definitions (Section 3):
- "Chain saw" refers to any portable power saw or similar cutting implement used for felling trees or cutting timber.
- "Chain saw dealer" refers to a person engaged in manufacture, importation, distribution, purchase and/or sale of chain saws.
- "Department" refers to the Department of Environment and Natural Resources.
- "Secretary" refers to the Secretary of the Department of Environment and Natural Resources.

Authorized Manufacturers, Sellers and Importers (Section 4):
- Chain saws shall only be sold and/or imported by manufacturers, dealers and/or private owners duly authorized by the Department.

Authorized Possessors and Users (Section 5):
- The Department can issue permits to possess and/or use chain saws for felling and/or cutting trees, timber and other forest or agro-forest products to:
    1. Those with a timber license agreement, production sharing agreement, or similar agreements, or a private land timber permit. (Section 5a)
    2. Orchard and fruit tree farmers. (Section 5b)
    3. Industrial tree farmers. (Section 5c)
    4. Licensed wood processors for cutting legally sold timber. (Section 5d)
    5. Those using chain saws for a legal purpose. (Section 5e)
- Government agencies using chain saws must also secure permits from the Department. (Section 5)

Registration of Chain Saws (Section 6):
- Within 3 months from the law's effectivity, all chain saw owners/possessors must register with the Department and obtain a registration certificate or permit.
- Permits for legitimate purposes are valid for 2 years, except for non-commercial orchard and fruit tree farmers (valid for 5 years).
- The Department can collect reasonable registration fees.

Penal Provisions (Section 7):
    1. Selling, purchasing, re-selling, transferring, distributing or possessing a chain saw without a permit:
        - Imprisonment of 4 years, 2 months and 1 day to 6 years, or
        - Fine of not less than ₱15,000 but not more than ₱30,000, or both
        - Chain saw confiscated
    2. Unlawful importation or manufacturing of chain saws:
        - Imprisonment of not less than 1 month nor more than 6 months, and
        - Fine of not less than ₱1,000 nor more than ₱4,000
    3. Tampering with engine serial number:
        - Imprisonment of not less than 1 month nor more than 6 months, and
        - Fine of not less than ₱1,000 nor more than ₱4,000
    4. Actual unlawful use of chain saw:
        - Imprisonment of 6 years and 1 day to 8 years, or
        - Fine of not less than ₱30,000 but not more than ₱50,000, or both
        - Chain saw confiscated
        - Prosecution for separate offenses committed
- If violation is by command/order of another person/entity, penalties also apply to them.
- If offender is a public official/employee, removal from office and perpetual disqualification from public office.
- Confiscated chain saws shall be sold at public auction.

Reward (Section 8):
- 20% reward for information leading to recovery/confiscation of unregistered chain saw and conviction of violators.

Authority of the Secretary (Section 9):
- The Secretary shall issue implementing rules and regulations within 90 days.
- The Secretary shall organize an office to ensure compliance with requirements.
- In Palawan, the law shall be implemented by the Palawan Council for Sustainable Development.

Revocation of Registration and Permit (Section 10):
- The Secretary may revoke any registration certificate or permit for violations.

Joint Congressional Oversight Committee (Section 11):
- A Joint Congressional Oversight Committee shall monitor and oversee the implementation.