Dear PAO,

I am planning to buy a chain saw because I want to develop the land that I bought years ago, which is surrounded by many trees. I want to know if there are any legal requirements for owning a chain saw.

Adrian

Dear Adrian, We have a law regarding the regulation of ownership, possession, sale, importation, and use of chain saws. Republic Act (RA) 9175 or the Chain Saw Act of 2002 embodies the policy of the State to conserve, develop, and protect the forest resources of the Philippines. To achieve this purpose, the State is obligated to prohibit aggressive cutting of trees and eliminate illegal logging which is normally facilitated with the use of chain saws. Hence, the State deems it proper to regulate the ownership and possession of chain saws.

According to Section 6 of RA 9175, all persons who own a chain saw or are in possession of chain saws must register the same with the Department of Environment and Natural Resources (DENR):

“Section 6. Registration of Chain Saws. – Within a period of three (3) months from the effectivity hereof, all persons who own or are otherwise in possession of chain saws must register the same with the Department, through any of its Community Environment and Natural Resources Office, which shall issue the corresponding registration certificate or permit if it finds such persons to be qualified hereunder.

Every permit to possess and/or use a chain saw for legitimate purpose shall be valid for two (2) years upon issuance: Provided, That permits to possess and use chainsaw issued to non-commercial orchard and fruit tree farmers shall be valid for a period of five (5) years upon issuance. For this purpose, the Department shall be allowed to collect reasonable registration fees for the effective implementation of this Act.”

Thus, in your case, because you are planning to own a chain saw, you must register it with the DENR. You are also required to secure a permit to use the said chain saw for a legitimate purpose. You must comply with this requirement in order to avoid incurring penal sanctions under Section 7 of RA 9175, which penalizes the “Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chain Saw Without a Proper Permit” and “Actual “Unlawful Use of Chain Saw,” among others. Kindly take note that the penalties for these violations may include imprisonment, fine, or both, depending on the discretion of the court.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]