pd 705 dao 97 32 chainsaw act jay

PENAL PROVISIONS OF THE REVISED FORESTRY ACT (PD705), CHAINSAW ACT

(RA 9175) and Salient Provisions of DAO 1997-32

REVISED FORESTRY CODE (PD 705)CRIMINAL OFFENSES AND PENALTIES

• Cutting, gathering and/or collecting timber or other products without license.

• Unlawful occupation or destruction of forest lands.

• Pasturing Livestock• Illegal occupation of national parks system

and recreation areas and vandalism therein

• Destruction of wildlife resources• Survey by unauthorized person• Misclassification and survey by

government official or employee• Tax declaration on real property• Coercion and influence• Unlawful possession of implements

and devices used by forest officers• Payment, collection and remittance of

forest charges• Payment, collection and remittance of

forest charges• Sale of wood products

Punishable acts under Sec. 77-

1. Cutting, gathering, collecting of forest products without the necessary documents.

2. Possession of forest products without permit.

• Section 77-A – Administrative authority of the DENR to confiscate illegal forest products (DAO 1997-32)

• Section 77-B- reward to informers- 20% of the net proceeds of the forest products

Department of Environment and Natural Resources

DAO 32 series of 1997

Rules for the Administrative Adjudication of Illegal Forest Products, Machinery, Equipment, Tools and Conveyances Used in Connection Therewith

Any forest products that are removed, cut, collected, possessed and/or transported:


Illegal Forest Products (Sec. 2.a DAO 97-32)

1. Without the requisite authorization or permit; or

2. With incomplete required supporting documents; or


3. With genuine authorization or permit and/or supporting documents that have an expired validity, have been cancelled or that contain forged entries;

4. With spurious (fake) authorization, permit and/or support documentation.

Some Def. (Section 1 of DAO 97-32)

APPREHENSION

The act of taking temporary possession and control over those illegal forest products, and the machinery, equipment, tools, implements, and conveyance used in the possession, gathering, collecting, processing and or transporting the same, by persons authorized by law.



Requirement for Summary

Apprehensions



On-site determination of probable cause

Ocular Inspecti

on

Yes No

On-site Record of violation

On-site conveyance check

On-site report

Issuance of apprehension receipt/provisional

apprehension receipt

Release

SEIZURE

It is the official act of taking by persons authorized by law those apprehended items into government custody, pending formal administrative proceedings for the disposition thereof.



Procedure for Summary

Administrative Seizure



DELIVERY

ISSUANCE OF A SEIZURE ORDER

VERIFICATION OF THE EXISTENCE OF A

PRIMA FACIE CASE AGAINST THE

OFFENDER

a. Confirmation of the delivered itemsb. Examination of the apprehending officer/

witness

CONFISCATION

The official act of the DENR declaring that items seized become property of the Government.



Procedures for Summary

Administrative Confiscation


Notice of Hearing

Hearing

Render DecisionMotion for

ReconsiderationAppeal (Office of

the Secretary)

Final and ExecutoryMR

(Office of the Secretary)

Appeal (Office of the President)

15 calendar days 15 calendar days

15 working days 15 calendar days

15 calendar days

Disputable Presumptions


Unless specifically controverted and successfully overcome by a preponderance of evidence it becomes conclusive.

a. Full knowledge and participation - All those apprehended;


b. Registered/owner/ operator/driver of a conveyance offense “had full knowledge” and “willingly” participated in the commission of the offense.

c. Any forest products apprehended/seized were obtained from an illegal source.

FORFEITURE

declaration of the seized items as property of the government through judicial proceedings.



Abandoned Illegal Forest Products

(Section 8)


Apprehension

Take photographs of the apprehended

items whenever practicable

Notice of Apprehension

Posting of Hearing

Hearing

Motion for Reconsideration

Appeal (Office of the Secretary)

MR (Office of the Secretary)

Appeal (Office of the President)

Final and Executory

Decision/Order

15 calendar days

15 calendar days

15 calendar days

15 calendar days

15 working days

CHAINSAW ACT (ra 9175)and its irr (dao 2003-24)



FLOWCHART – REGISTRATION OF CHAINSAW BEING POSSESSED UPON

EFFECTIVITY OF DAO 2003-24


Filing of Application (CENRO)

Evaluation(CENRO)

Qualified

DenialProcess and Issue

Permit

Not Qualified

ISSUING AUTHORITIES



Permit to Import and

Manufacture Chainsaws


Filing of Application (ORED)

Evaluates

Qualified

Process and Issue Permit

(Within 15 working days from filing of the

application)

Not Qualified

DENY


Permit to purchase, transfer ownership

and/or sell, resell/dispose/distribute

chainsaw


Filing of Application (CENRO)

Evaluates

Qualified

Process and Issue Permit

(Within 15 working days from filing of the

application)

Not Qualified

DENY

ACTS PUNISHABLE (SECTION 12)


1. Selling, Purchasing, Re-selling, Transferring, Distributing or possessing a chainsaw without a permit

• Imprisonment

4 yrs., 2 mos. And 1 day to 6 yrs.

or

• Fine

Not less than P15,000.00 but not more than P30,000.00


2. Unlawful importation or manufacturing of chainsaw

• Imprisonment

Not less than 1 mo. Nor more than 6 mos. And

or

• Fine

Not less than P1,000.00 nor more than P4,000.00


3. Tampering of Engine Serial Number

• Imprisonment

Not less than 1 mo. Nor more than 6 mos. And

or

• Fine

Not less than P1,000.00 nor more than P4,000.00


4. Actual unlawful use of chainsaw

• Imprisonment

Not less than 6 yrs. and 1 day to 8 years.

or

• Fine

Not less than P30,000.00 but not more than P50,000.00


Thank You!

pd 705 dao 97 32 chainsaw act jay

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