[ DENR ADMINISTRATIVE ORDER NO. 25, May 07, 1991 ]
REGULATING THE POSSESSION, OWNERSHIP OR USE OF POWER CHAINSAWS WITHIN FORESTLANDS.
SECTION 1. Basic Policy and Objectives - It is the policy and objective of the Department of Environment and Natural Resources to promulgate and implement rules and regulations that will effectively promote the protection, conservation and sustainable management of the country's forest resources. Towards this end, the ownership, possession and use of chainsaws shall be regulated.
SECTION 2. Definition of Terms - As used in this Order, the following terms shall mean:
2.1 Chainsaw - refers to any portable power saw that has teeth linked together to form an endless chain and is usually used for the cutting of timber.
2.2 Forestland - refer to the land or the public domain which have not been declared as alienable and disposable and includes at the public forest, the permanent forest or forest reserves, forest reservations, timber lands, grazing lands and game refuge and bird sanctuaries.
2.3 Secretary - refers to the Secretary of the Department of Environment and Natural Resources;
SECTION 3. Registration of Chainsaws - Present owners of chainsaws used within forestlands are hereby required to register the same with the concerned DENR Regional Offices within thirty (30) days from the effectivity of this Order. Failure to register shall subject the owner thereof to liability under paragraph 4 of this Section.
The Regional Executive Directors shall issue a Certificate of Registration using the format hereto attached as Annex "A"[*] . He shall then submit a periodic report on compliance to the Undersecretary for Field Operations through his respective Assistant Secretary for Field Operations.
Thereafter, registered chainsaws may only be transported to/and used within forestlands which are duly covered by existing timber utilization permit issued by the Secretary or his duly authorized representative.
The Certificate of Registration containing the following descriptions and information shall accompany the chainsaws at all times:
3.1 Purpose of the Chainsaw
3.2 Areas/Location where the Chainsaw is to be used
3.3 Limitations of use
3.4 Name of Owner
3.5 Date of Purchase
3.6 Brand
3.7 Model
3.8 Serial Number; and
3.9 Horsepower
Possession of chainsaw by any person within forestlands not covered by a timber utilization permit shall be subject to confiscation in favor or the government without prejudice to criminal prosecution, if evidence warrants. The owner must present proof that such chainsaws are not being used for illegal purposes.
SECTION 4. Registration Fee - A registration fee of P50.00 shall be collected for every chainsaw registered.
SECTION 5. Repealing Clause - All memoranda, rules and regulations which are inconsistent with this Order are hereby repealed and/or amended accordingly.
SECTION 6. Effectivity - This Order shall take effect fifteen (15) days after its publication in newspaper or general circulation.
Adopted: 7 May 1991
(Sgd.) FULGENCIO S. FACTORAN, JR.
Secretary
[*] Available upon request at Office of the National Administrative (ONAR), U.P. Law Center.