Dear PAO, I intend to purchase a chainsaw to be used on my parents' farm in the province. I was told that I need to apply with the government for the registration of the chainsaw that I plan to buy. Is this really necessary even if the chainsaw will not be used for large-scale logging? Is there really a law requiring such registration? We hope for your advice. God bless! Nate

Dear Nate, To answer your question, we shall refer to Republic Act 9175 (RA 9175), known as the "Chain Saw Act of 2002." This law was passed as part of the policy of the State to regulate the ownership, possession, sale, transfer, importation, and/or use of chainsaws to prevent them from being used in illegal logging or unauthorized clearing of forests, among others. (Sec. 2)

The Department of Environment and Natural Resources (DENR) issued Administrative Order 2003-24, which lays out the Implementing Rules and Regulations (IRR) of RA 9175. Under this IRR, only persons duly authorized by the DENR shall be allowed to purchase, transfer ownership, import, manufacture, and/or re-sell chainsaws. (Sec. 5) A certificate of registration will be issued by the DENR to qualified applicants, which shall serve as the permit to own, possess, and/or use the registered chainsaw. (Sec. 6,7)

For your information, the law defines chainsaw as referring to any portable 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 timbers. (Sec. 3(a), RA 9175) Portable rotary lather, mobile/portable band saw, wood chipper, wood mizer or wood edger are also included in the definition of chainsaws. (Sec. 1, DENR Administrative Order 2018-09) As such, all chainsaws falling within the above-definition must be registered regardless of whether the same is new or secondhand, or the same will be used for large-scale logging or not.

To register a chainsaw, DENR Administrative Order 2003-24 requires an applicant to submit his/her application for registration to the Community Environment and Natural Resources Officer (Cenro) and pay a registration fee. The documentary requirements for the application of certificate of registration of chainsaws vary depending on the nature of its intended use and classification of the applicants such as for holders of timber license agreement, industrial tree farmers, licensed wood processors, and other persons who can prove that the use of chainsaw will be for legal purpose. (Sec. 8)

A certificate of registration of a chainsaw used for legitimate purpose shall be valid for two (2) years upon issuance, renewable for the same period. However, registration for non-commercial orchard and fruit tree farmers and similar entities whole line of business are not related to wood and/or timber production and trade shall be valid for a period of five (5) years and renewable for the same period thereafter. (Sec. 7)

Lastly, it is important to note that the IRR provides for imposition of penalty in the form of a fine or imprisonment, or both, for the sale or purchase without the necessary permit and for unauthorized use of the chainsaw in addition to confiscation of unregistered chainsaw after due process. (Secs. 12-14)

We hope that we were able to answer your queries. Please be reminded that this advice is 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.

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]