REPUBLIC ACT NO.
9175, November 7, 2002
"Chain Saw Act of 2002" - AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE,
IMPORTATION AND USE OF CHAIN SAWS, PENALIZING VIOLATIONS THEREOF AND FOR OTHER
PURPOSES
Sec. 2. Declaration Policy. It is the policy of the State consistent with the Constitution, to
conserve, develop and protect the forest resources under sustainable management. Toward
this end, the State shall pursue an aggressive forest protection program geared towards
eliminating illegal logging and other forms of forest destruction which are being facilitated
with the use of chain saws. The State shall therefore regulate the ownership, possession,
sale, transfer, importation and/or use of chain saws to prevent them from being used in
illegal logging or unauthorized clearing of forests.
Sec. 3. Definition of Terms. - As used in this Act, the term:
TERMS DEFINITION
Chain saw any portable power 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 timber;
Chain saw a person, natural or juridical, engaged in the manufacture,
dealer importation, distribution, purchase and/or sale of chainsaws;
Department the Department of Environment and Natural Resources
Secretary the Secretary of the Department of Environment and Natural
Resources.
Sec. 4. Persons Authorized to Manufacturer, Sell and Import ChainSaws. - Chain saws
shall only be sold and/or imported by manufacturers, dealers and/or private owners
who are duly authorized by the Department.
Sec. 5. 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:
(a) has a subsisting timber license agreement, production sharing agreement, or
similar agreements, or a private land timber permit;cralaw
(b) is an orchard and fruit tree farmer;cralaw
(c) is an industrial tree farmer;cralaw
(d) 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
(e) shall use the chain saw for a legal purpose
Agencies of the government that use chain saws in some aspects of their functions
must likewise secure the necessary permit from the Department before operating the
same.
Sec. 6. Registration of Chain Saws. - Within a period of three (3) months from the
effectivity hereof, all persons who own or are otherwise in possession of chain saws
must register the same with the Department, through any of its Community
Environment and Natural Resources Office, which shall issue the corresponding
registration certificate or permit if it finds such persons to be qualified hereunder.
Every permit to possess and/or use a chain saw 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. For this purpose, the Department shall be allowed to collect reasonable
registration fees for the effective implementation of this [Link] virtualaw library
Sec. 7. Penal Provisions. -
(a) 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.
(2) 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).
(3) 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).
(4) 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
[Link] the violation under this Sec. 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 Sec. shall be sold at public auction to qualified buyers
and the proceeds thereof shall go to the Departmentary
Sec. 8. 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 Sec. .
Sec. 9. Authority of the Secretary. - To effectively implement the provisions of this Act, the
Secretary shall issue the implementing rules and regulations within ninety (90) days upon
approval of this Act. He shall likewise organize an office within the Department to ensure
that requirements imposed by this Act may be complied with by qualified persons, within
the shortest possible time, at the least possible expense.
In the Province of Palawan, the provisions of this Act shall be implemented by the Palawan
Council for Sustainable Development pursuant to Republic Act No. 7611 or the Strategic
Environmental Plan for [Link]
Sec. 10. Revocation of Registration and Permit. - The Secretary may revoke any Certificate
of Registration or permit previously issued to a person found violating the provisions of this
Act, or the rules and regulations issued pursuant [Link]
Sec. 11. Joint Congressional Oversight Committee. - To monitor and oversee the
implementation of this Act, including the approval of the rules and regulations issued
pursuant hereto, there is hereby created a Joint Congressional Oversight Committee to be
composed of the Chairpersons of the Senate Committee on Environment and Natural
Resources and the House Committee on Natural Resources as Chairperson and Co-
Chairperson, five (5) members of each of the Senate and the House of Representatives who
shall be designated by the Senate President and the Speaker of the House of
Representatives as members: Provided, That the two (2) of the five (5) senators and two
(2) of the five (5) House members shall be nominated by the respective Minority Leaders of
the Senate and the House of Representatives.
Sec. 12. Transitory Provision. - In the interim while the Department is formulating the
implementing rules and regulations to effectively carry out the provisions of this Act, the
Bureau of Customs is prohibited from approving any chain saw importation without
clearance from said Department
The Marine Pollution Decree (Presidential Decree No. 979):
This decree, specifically tailored for marine pollution, prohibits the dumping of waste, including oil, into the
territorial marine waters of the Philippines. Empowering the Philippine Coast Guard, it serves as the
primary instrument in the prevention and control of marine pollution incidents.
Section 2. Statement of Policy. It is hereby declared a national policy to prevent and control the
pollution of seas by the dumping of wastes and other matter which create hazards to human
health, harm living resources and marine life, damage amenities, or interfere with the legitimate
uses of the sea within the territorial jurisdiction of the Philippines.
Section 3. Definition of Terms. For the purposes of this Decree:
(a) "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting,
emptying or dumping but does not include discharge of effluents from industrial or
manufacturing establishments, or mill of any kind.
(b) "Dumping" means any deliberate disposal at sea and into navigable waters of wastes or
other matter from vessels, aircraft, platforms or other man-made structures at sea, including the
disposal of wastes or other matter directly arising from or related to the exploration, exploitation
and associated off-shore processing of sea bed mineral resources unless the same is permitted
and/or regulated under this decree: Provided, That it does not mean a disposition of any effluent
from any outfall structure to the extent that such disposition is regulated under the provisions of
Republic Act Numbered Three Thousand Nine Hundred Thirty-One, nor does it mean a routine
discharge of effluent or other matter incidental to the propulsion of, or derived from the normal
operations of vessels, aircraft, platforms or other man-made structures at sea and their
equipment.
(c) "Oil" means oil of any kind or in any form including, but not limited to, petroleum, fuel oil,
sludge, oil refuse, and oil mixed with wastes other than dredge spoil.
(d) "Navigable Waters" means the waters of the Philippines, including the territorial sea and
inland waters which are presently, or be in the future susceptible for use by watercraft.
(e) "Vessel" means every description of watercraft, or other artificial contrivance used, or
capable of being used, as a means of transportation on water.
(f) "Person" includes any being, natural or juridical, susceptible of rights and obligations or of
being the subject of legal relations.
(g) "Refuse" means garbage, waste, wood residues, sand, lime cinders ashes, offal, nightsoil,
tar, dye staffs, acids, chemicals and substances other than sewage and industrial wastes that
may cause pollution.
Section 4. Prohibited Acts. Except in cases of emergency imperiling life or property, or
unavoidable accident, collision, or stranding or in any cases which constitute danger to human
life or property or a real threat to vessels, aircraft, platforms, or other man-made structure, or if
damping appears to be the only way of averting the threat and if there is probability that the
damage consequent upon such dumping will be lees than would otherwise occur, and except as
otherwise permitted by regulations prescribed by the National Pollution Control Commission or
the Philippine Coast Guard, it shall be unlawful for any person to
(a) discharge, dump or suffer, permit the discharge of oil, noxious gaseous and liquid
substances and other harmful substances from or out of any ship, vessel, barge, or any other
floating craft, or other man-made structures at sea, by any method, means or manner, into or
upon the territorial and inland navigable waters of the Philippines;
(b) throw, discharge or deposit, dump, or cause suffer or procure to be thrown, discharged, or
deposited either from or out of any ship, barge, or other floating craft of vessel of any kind, or
from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any
kind or description whatever other than that flowing from streets and sewers and passing
therefrom in a liquid state into tributary of any navigable water from which the same shall float or
be washed into such navigable water; and
(c) deposit or cause, suffer or procure to be deposited material of any kind in any place on the
bank of any navigable water or on the bank of any tributary of any navigable water, where the
same shall be liable to be washed into such navigable water, either by ordinary or high tides, or
by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed or
increased the level of pollution of such water.
Section 5. It shall be the primary responsibility of the National Pollution Control Commission to
promulgate national rules and policies governing marine pollution, including but not limited to
the discharge of effluents from any outfall structure, industrial and manufacturing establishments
or mill of any kind to the extent that it is regulated under the provisions of Republic Act
Numbered Three Thousand Nine Hundred Thirty-One, and to issue the appropriate rules and
regulations upon consultation with the Philippine Coast Guard.
The Philippine Coast Guard shall promulgate its own rules and regulations in accordance with
the national rules and policies set by the National Pollution Control Commission upon
consultation with the latter, for the effective implementation and enforcement of this decree and
other applicable laws, rules and regulations promulgated by the government.
The rules and regulations issued by the National Pollution Control Commission or the Philippine
Coast Guard shall not include deposit of oyster, shells, or other materials when such deposit is
made for the purpose of developing, maintaining or harvesting fisheries resources and is
otherwise regulated by law or occurs pursuant to an authorized government program: Provided,
That the Philippine Coast Guard, whenever in its judgment navigation will not be injured thereby
and upon consultation with and concurrence of the National Pollution Control Commission, may
permit the deposit of any of the materials above-mentioned in navigable waters, and whenever
any permit is so granted, the conditions thereof shall be strictly complied with.
Section 6. Enforcement and Implementation. The Philippine Coast Guard shall have the
primary responsibility of enforcing the laws, rules and regulations governing marine pollution.
However, it shall be the joint responsibility of the Philippine Coast Guard and the National
Pollution Control Commission to coordinate and cooperate with each other in the enforcement
of the provisions of this decree and its implementing rules and regulations, and may call upon
any other government office, instrumentality or agency to extend every assistance in this
respect.
Section 7. Penalties for Violations. Any person who violates Section 4 of this Decree or any
regulations prescribed in pursuance thereof, shall be liable for a fine of not less than Two
Hundred Pesos nor more than Ten Thousand Pesos or by imprisonment of not less than thirty
days nor more than one year or both such fine and imprisonment, for each offense, without
prejudice to the civil liability of the offender in accordance with existing laws.
Any vessel from which oil or other harmful substances are discharged in violation of Section 4 or
any regulation prescribed in pursuance thereof, shall be liable for the penalty of fine specified in
this section, and clearance of such vessel from the port of the Philippines may be withheld until
the fine is paid.
In addition to the penalties above-prescribed, the Philippine Coast Guard shall provide in its
rules and regulations such reasonable administrative penalties as may be necessary for the
effective implementation of this decree.
Section 8. Containment Recovery System. The Philippine Coast Guard shall develop an
adequate capability for containment and recovery of spilled oil for inland waters and high seas
use. An initial amount of five (5) million pesos is hereby appropriated for the procurement of
necessary equipment for this purpose. For the succeeding fiscal years, the appropriation for the
development of such capability shall be included in the Philippine Coast Guard portion of the
General Appropriation Decree.
REPUBLIC ACT 6969
Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990
Approved by the President at October 26, 1990 Objectives To keep an inventory of chemicals
that are presently being imported, manufactured, or used, indicating, among others, their
existing and possible uses, test data,names of firms manufacturing or using them, and such
other information as may be considered relevant to the protection of health and the
environment;
Chemical substance means any organic or inorganic substance of a particular molecular
identity, including:a)Any combination of such substances occurring in whole or in part as a result
of chemical reaction or occurring in nature; and b)Any element or uncombined chemical.
Chemical mixture means any combination of two or more chemical substances if the
combination does not occur in nature and is not, in whole or in part, the result of a chemical
reaction, if none.
Objectives *To inform and educate regarding the hazards and risks Manufacture, handling,
storage, transportation, processing, distribution, use and disposal*To prevent the entry, even in
transit, as well as the keeping or storage and disposal of hazardous and nuclear wastes into the
country
Functions, Power and Responsibilities*To require chemical substances and mixtures presently
being manufactured or processed to be tested if they pose unreasonable risk or injury
*To evaluate the characteristics of chemicals that have been tested to determine their toxicity
and the extent of their effects*To enter into contracts and make grants for research,
development, and monitoring of chemical substances and mixtures*To conduct inspection of
any establishment in which chemicals are manufactured, processed, stored or held*To
confiscate or impound chemicals found not falling within said acts*To monitor and prevent the
entry, even in transit, of hazardous and nuclear wastes and their disposal into the country
Chemicals Subject to Testing
-There is a reason to believe that the chemical substances or mixture may present an
unreasonable risk to health or the environment-There are insufficient data and experience for
determining or predicting the health and environmental effects -The testing of the chemical
substance or mixture is necessary to develop such data
Section 12. Public Access to Records, Reports or Notification
DENR may release information subject to claim of confidentiality to a medical research or
scientific institution where the information is needed for the purpose of medical diagnosis or
treatment of a person
Section 13. Prohibited Acts
a.) Knowingly use a chemical substance or mixture which is imported,manufactured, processed
or distributed in violation of the Actb.) Failure or refusal to submit reports, notices or other
information, access to records, as required by this Actc.) Failure or refusal to comply with the
pre-manufacture and pre-importation requirements d.) Cause, aid or facilitate, directly or
indirectly, in the storage, importation,or bringing into Philippines territory any amount of
hazardous and nuclear wastes in any part of the Philippines
Section 14. Criminal Offenses and Penalties -Confiscated and forfeited chemical substances
shall turn over to DENR for safekeeping or proper disposal
-Person or firm responsible or connected with bringing or importation into the country of
hazardous or nuclear wastes shall be obligated to transporter send it back
Section 15. Administrative FinesThe Secretary of Environment and Natural Resources is
authorized to impose a fine of not less than 10,000.00, but not more than 50,000.00 upon any
person or entity found guilty
* Violators shall be subject to fines, imprisonment, dismissal from office,confiscation and
forfeiture chemical substances and mixtures in favor of the government* Deportation and
banned from entry into the Philippines in case of foreigner violators
Section 20. Effectivity
The Act shall take effect after 15 days following its publication or in any newspaper of general
circulation close
Republic Act No. 6969 or the Toxic Substances and Hazardous and NuclearWaste Control Act
of 1990
Year of Enactment Enacted and Implemented in 1990 and ImplementationPurpose Control of
Toxic Substances and Hazardous and Nuclear WasteControl Area Nationwide Overview
It has been recognized that the public and the environment are at risk in the use or exposure to
chemicals as well as the long term damage brought about by careless handling or disposal of
hazardous wastes
To control, supervise and regulate activities on toxic chemicals and hazardous waste. Under
this act importation, manufacture, processing, handling, storage, transportation, sale,
distribution, use and disposal of all unregulated chemical substances and mixtures in the
Philippines, as well as the entry even in transit, or storage and disposal of hazardous and
nuclear wastes are regulated.
Features The Department of Environment and Natural Resources shall be the implementing
agency and shall be assisted by the Inter- Agency Advisory Council It provides for the regulation
of all chemical substances that may pose threat to public health and the environment through
import, manufacture, sale, use, distribution, and disposal as well as the regulation of all
hazardous wastes from generation, transport, storage, reuse/recycling, treatment and disposal
Registration of the following is required to ensure that industrial economic growth is achieved in
an environmentally sound manner to effectively manage hazardous wastes in order to minimize
human and environmental impacts cause by industrial activities: o Hazardous wastes
generators o Hazardous wastes treater o Hazardous wastes transporter Violators shall be
subject to fines, imprisonment, dismissal from office, confiscation and forfeiture chemical
substances and mixtures in favor of the government, deportation and barred from entry into the
Philippines in case of foreigner page top close
Scope
This Act shall cover the importation, manufacture, processing, handling, storage,
transportation,sale, distribution, use and disposal of all unregulated chemical substances and
mixtures in thePhilippinesPolicyIt is the policy of the State to regulate, restrict or prohibit the
importation, manufacture,processing, sale, distribution, use and disposal of chemical
substances and mixtures that present unreasonable risk and/or injury to health or the
environmentThe Role of the Department of Environment and Natural ResourcesThe DENR is
tasked to keep an inventory of chemicals, test potential hazardous substances,evaluate,
monitor, subpoena witnesses and disseminate informationThe Inter-Agency Technical
Advocacy CouncilThere is hereby created an Inter-Agency Technical Advisory Council attached
to theDepartment of Environment and Natural Resources; it shall assist the DENR to create
pertinent rules and regulations related to this [Link] penalty of
imprisonment of six (6) months and one day to six (6) years and one day and a fine ranging
from Six hundred pesos (P600.00) to Four thousand pesos (P4,000.00) shall be imposed upon
any person who shall violate section 13 (a) to (c) of this Act and shall not be covered by the
Probation Law.
Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 AN ACT TO
CONTROL TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES,PROVIDING
PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSESa)
To keep an inventory of chemicals as may be considered relevant to the protection of health
and the environment;
b) To monitor and regulate the use and disposal of chemical substances and mixtures that
present unreasonable risk or injury to health or to the environment in accordance with national
policies and international commitments;
c) To inform and educate the populace regarding the hazards and risks attendant to the
manufacturer, handling, storage, transportation, processing, distribution, use and disposal of
toxic chemicals and other substances and mixture; and
d) To prevent the entry, even in transit, as well as the keeping or storage and disposal of
hazardous and nuclear wastes into the country for whatever [Link]
This act aims to...Knowingly use a chemical substance or mixture which is imported,
manufactured, processed or distributed in violation of this Act Failure or refusal to submit
reports, notices or other information, access to records, as required by this Act,Cause, aid or
facilitate, directly or indirectly, in the storage, importation, or bringing intoPhilippines territory,
including its maritime economic zones, even in transit, either by means of land, air or sea
transportation or otherwise keeping in storage any amount of hazardous and nuclear wastes in
any part of the [Link] all cases of violations of this Act, including violations of
implementing rules and regulations which have been duly promulgated and published in
accordance with Section 16 of this Act, the Secretary of Environment and Natural Resources is
hereby authorized to impose a fine of not less than Ten thousand pesos (P10,000.00), but not
more than Fifty thousand pesos(P50,000.00) upon any person or entity found guilty
[Link] Fines
2008 Roxas Amendment"T he penalties and fines provided for under the present RA 6969 are
not commensurate to the gravity and seriousness of the dangers that toxic substances and
hazardous and nuclear wastes bring to health and environment.. It is, therefore, imperative that
RA 6969 be amended to impose stricter and stiffer penalties and fines in order to give more
teeth to the said law
