Republic Act No. 9175 otherwise known as the Chainsaw Act of 2002 is an act regulating the ownership, possession, sale, importation and use of chain saws, penalizing violations thereof and for other purposes
Persons Authorized to manufacture, sell and import chain saws. - Chain saws shall only be sold and/or imported by manufacturers, dealers and/or private owners who are duly authorized by the Department.
Persons Authorized to Possess and Use a Chainsaw.- The Department is hereby authorized to issue permits to possess and/or use a chainsaw for the felling land/or cutting of trees, timber and other forest or agro-forest products to any applicant who:
- has a subsisting timber license agreement, production sharing agreement, or similar agreements, or a private land timber permit;
- is an orchard and fruit tree farmer;
- is an industrial tree farmer;
- 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
- shall use the chain saw for a legal purpose.
Penal Provisions. -
- 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.
- Unlawful Importation or Manufacturing of Chain Saw. - Any person who imports or manufactures a chain saw without obtaining prior authorization from the Department shall be punished by imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than One thousand pesos (P1,000.00) for more than Four thousand pesos (P4,000.00).
- Tampering of Engine Serial Number. - Any person who is found to have defaced or tampered with the original registered engine serial number of any chain saw unit shall be punished by imprisonment of not less than one (1) month nor more than six (6) months and a fine of not less than One thousand pesos (P1,000.00) nor more than Four thousand pesos (P4,000.00).
- 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.
If the violation under this Section is committed by or through the command or order of another person, partnership or corporation, the penalties herein provided shall likewise be imposed on such other person, or the responsible officer(s) in such partnership or corporation.
If the offender is a public official or employee, in addition to the above penalties, he shall be removed from office and perpetually disqualified from holding any public office.
The chain saws confiscated under this Section shall be sold at public auction to qualified buyers and the proceeds thereof shall go to the Department.
Reward. - Any person who voluntarily gives information leading to the recovery or confiscation of an unregistered chain saw and the conviction of persons charged thereof shall be entitled to a reward equivalent to twenty person (20%) of the value of the chain saw unit(s). The Department is authorized to include in its budget the amount necessary to carry out the purpose of this Section.
In the enforcement of Chainsaw Act of 2002, the Maritime Group has arrested 8 persons, 3 unit chainsaw were seized with Php 90,000 estimated amount of evidence and 3 cases were turned over to DENR.