unlawful use of chain saw - 6 years in jail - Page 2

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unlawful use of chain saw - 6 years in jail - Page 2


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  #11 (permalink)  
Old 14th August 2020, 04:01 AM
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Joe is the man in the ground and continues to amaze a google freak like myself finding such things.
Not that I see it in the act but what is the law/requirements for residential home owners, I assume it's the same? Ben said just then "no that is for commercial/business use" and I said the act does not say that,,,,,,,,, the mind boggles at what locals think are the laws and the "actual law" a lot like BB guns or a bolo and the list goes on.

Off topic, Joe any idea where to buy tinned beetroot around the SFC La Union area? I have found it available online but 5 times the price we pay in Oz.

Cheers, Steve.
You are correct bigpearl...the Act does not specifically say whether it covers homeowners or not nor does it say it is only for commercial or business activities but that is implied and it does ALWAYS refer to the illegal cutting and illegal harvesting of trees or the professional business of cutting trees for resale. It is like many other laws...the person who wrote the law was not necessarily very articulate in explaining exactly what they meant. As I am not a legal council or advisor in this matter and I am in no way pretending to be, so I would suggest that you visit your local DENR Office and they will tell you exactly what you need to know regarding the purchase and ownership or use of a chainsaw in the Philippines.

What I was told and have since found out...this Act applys only to people involved in illegal logging or businesses involved in the professional legal harvesting of trees for resale as lumber or timber and does not apply to homeowners.
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Old 14th August 2020, 05:29 AM
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Originally Posted by bigpearl View Post
Joe is the man in the ground and continues to amaze a google freak like myself finding such things.
Not that I see it in the act but what is the law/requirements for residential home owners, I assume it's the same? Ben said just then "no that is for commercial/business use" and I said the act does not say that,,,,,,,,, the mind boggles at what locals think are the laws and the "actual law" a lot like BB guns or a bolo and the list goes on.

Off topic, Joe any idea where to buy tinned beetroot around the SFC La Union area? I have found it available online but 5 times the price we pay in Oz.

Cheers, Steve.
FOR CLARIFICATION...

I went back over the entire Act and re-read every word of it and it is actually pretty clear. No, it does not ever specifically mention private homeowners because they ARE NOT involved in commercial activities or illegal logging.

SECTION 2...it clearly says that the purpose of this Act is to pursue an aggressive forest protection program geared towards eliminating illegal logging...(not private homeowner use).

SECTION 5...clearly lists only professional businesses that typically use chainsaws for implementation or production of forest or agro-forest products and fruit tree farmers...(no mention of private homeowners).

SECTION 6...clearly says that the DENR shall issue any permit to any person for the legal use of any chainsaw...(no exclusion for private homeowners).

Every part of this Act clearly discusses the elimination of illegal logging activity and specifically addresses any commercial businesses who might use a chainsaw remotely associated with any commercial logging activity or tree farming and therefore removes private homeowners from the Act, (who are not involved in these types of activities).

YES, to make it more clear, they should have simply included a clause discussing use by private homeowners just to avoid any possible confusion but they are certainly very clear about who this Act does cover even though they neglected to mention who the Act does not cover.

As I mentioned before, I had no problem registering my 2 chainsaws, (one little small one and one really BIG one), and my certificates of registration expire in five years from the date of registration, (still 3 and a half years to go), because I fell under Non-Commercial use and using them for private homeowner use only.

The easiest thing to do is if you currently own or wish to purchase a chainsaw...just go to your local community DENR Office and get it registered and there will be no problems with having a chainsaw in the Philippines.
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Old 14th August 2020, 06:44 AM
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Off topic, Joe any idea where to buy tinned beetroot around the SFC La Union area? I have found it available online but 5 times the price we pay in Oz.

Cheers, Steve.
Just a quick foray offf topic. We have bought a glass jar of beetroot and I've seen them loose in S&R San Fernando Pampanga. They are called sweetbeets in the Philippines.
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Old 14th August 2020, 06:53 AM
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Well Joe as always making us aware of the pitfalls of living here, ty.
We had a contractor remove a huge acacia tree as well as some smaller ones last year and we did the deal through our Barangay Capitan. I sent a chainsaw in a Balakbayan box earlier this year and have been using it to cut down all large prickle trees on our titled lot as well as our tax declared block down to the ocean of some 800M2. The Capitan is aware as we asked his permission and no one has said anything about the chainsaw and if it is registered.
Looks like another stint with bureaucracy for Ben. Thanks for the heads up.

Cheers, Steve.
I remember reading about it somewhere, back in 2011 when I was planning my move. Not sure where I read it. Wherever it was also talked about pocket knives being illegal here. Odd for me, being from Texas, and an HVAC contractor. I always had a knife with me. I did bring a couple of my knives, but they now live in my desk drawer. Not sure if my Gerber multi-tool would count as a "knife" or a "tool". It stays in the desk drawer as well...
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Old 14th August 2020, 11:44 PM
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..... Not sure if my Gerber multi-tool would count as a "knife" or a "tool". It stays in the desk drawer as well...
There was a thread here back when I first joined, 2015 or so, about a foreigner who took his swiss army knife out of his pocket at a mall to use the tweeters to remove a splinter. He was seen by a guard and things escalated and he was deported.

I had carried a pocket knife or multi tool since I was about 11 years old. I do not carry it here but I have a back pack that i use to go diving and have it in there.

The law is you need a lawful purpose. I can claim that it is in case I need to do some repairs to my dive kit, others have said they were planning on buying some fruit and needed the knife to cut it.

If you have a multi tool and a ready plausible excuse for it you should not get into trouble. However I prefer to error on the side of caution on these things and no longer have it as an every day carry item.

I also heard recently that a passenger on a flight out of Cebu City had a small pocket knife in his checked in luggage and it was discovered on x-ray and he had it confiscated. (Flight was pandemic and I just heard of it in a general discussion.)
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Old 14th August 2020, 11:52 PM
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Yeah, we were instructed to tell the Mexican immigration that our dive knives were 'dive tools'. It was strapped to the BC, but was definitely a knife. If we called it a tool, they would let it pass... knives got confiscated ha ha

Here I just do not carry any kind of blade.

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Old 15th August 2020, 03:48 AM
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FOR CLARIFICATION...

I went back over the entire Act and re-read every word of it and it is actually pretty clear. No, it does not ever specifically mention private homeowners because they ARE NOT involved in commercial activities or illegal logging. all persons who own or are otherwise in possession of chainsaws must register the same with the Department

SECTION 2...it clearly says that the purpose of this Act is to pursue an aggressive forest protection program geared towards eliminating illegal logging...(not private homeowner use). The State shall therefore 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.

SECTION 5...clearly lists only professional businesses that typically use chainsaws for implementation or production of forest or agro-forest products and fruit tree farmers...(no mention of private homeowners). The Department is hereby authorized to issue permits to possess and/or use a chainsaw for the felling and/or cutting of trees, timber and other forest or agro-forest products to any applicant who: shall use the chainsaw for a legal purpose.

SECTION 6...clearly says that the DENR shall issue any permit to any person for the legal use of any chainsaw...(no exclusion for private homeowners).

Every part of this Act clearly discusses the elimination of illegal logging activity and specifically addresses any commercial businesses who might use a chainsaw remotely associated with any commercial logging activity or tree farming and therefore removes private homeowners from the Act, (who are not involved in these types of activities).

YES, to make it more clear, they should have simply included a clause discussing use by private homeowners just to avoid any possible confusion but they are certainly very clear about who this Act does cover even though they neglected to mention who the Act does not cover. all persons who own or are otherwise in possession of chainsaws must register the same with the Department

As I mentioned before, I had no problem registering my 2 chainsaws, (one little small one and one really BIG one), and my certificates of registration expire in five years from the date of registration, (still 3 and a half years to go), because I fell under Non-Commercial use and using them for private homeowner use only.
Every permit to possess and/or use a chainsaw 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.

The easiest thing to do is if you currently own or wish to purchase a chainsaw...just go to your local community DENR Office and get it registered and there will be no problems with having a chainsaw in the Philippines.
I read it differently and posted in blue to your quote. "All" to me means "everyone" including homeowners. Notice and/or in section 2.

You mentioned your permit is for 5 years. Are you a non-commercial orchard or fruit tree farmer?

Since this topic drifted into "Tree Cutting". This is a good article.
https://businessmirror.com.ph/2019/1...e-think-again/

For Region 1 where I live, we are supposed to follow this if we want to "cut' a tree, even if it's on titled, private land.

https://r1.denr.gov.ph/index.php/69-...cutting-permit

Something to ponder is that WILCON bought Titled Land in our area and broke ground June 2020. https://www.facebook.com/bauanglauni...type=3&theater The gossip is they can't proceed with construction because they have no permit to cut down the Acacia Trees (own land they own).

From Section 68 of PD 705 - Any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty of qualified theft
https://lawphil.net/statutes/presdec..._705_1975.html

Regarding; "any person" (private land owner) would be guilty of theft if they cut down a tree on their private land unless it's under a license agreement, lease, license or permit. Who would they be stealing from?
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Old 15th August 2020, 05:48 AM
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You can't just go around cutting trees down even if they are on your property. We have a stand of mahogany on our land and no way are we allowed to cut them down, you need a permit to cut any tree that can be used for timber, even coconuts.
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Old 15th August 2020, 07:22 AM
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You can't just go around cutting trees down even if they are on your property. We have a stand of mahogany on our land and no way are we allowed to cut them down, you need a permit to cut any tree that can be used for timber, even coconuts.
A Palm Beetle and it's larvae bore a hole the top of one of our Fox Palms at our beach lot. It could no longer produce palms so we asked asked the brgy Captain could we cut it down & replace it with a hard bark palm and he said no, that it was still alive. After elections we asked the new Brgy Captain & he gave permission.

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Old 15th August 2020, 12:39 PM
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A Palm Beetle and it's larvae bore a hole the top of one of our Fox Palms at our beach lot. It could no longer produce palms so we asked asked the brgy Captain could we cut it down & replace it with a hard bark palm and he said no, that it was still alive. After elections we asked the new Brgy Captain & he gave permission.
That is more power than most Brgy Capts should have ha ha Honestly that should be handled by a department that knows the law, and has had training.

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