Mark Angelo S. Enriquez
Natural Resources and Environmental Law
Atty. Arnaldo M. Espinas
Saturday, 9-12nn, MMS202
Reaction Paper: Reports on Revised Forestry Code and Anti-Chain Saw Act
On September 2, 2017, three of my classmates conducted their reports on Revised Forestry Code and Anti-illegal logging Act, Anti-Chain Saw Act. Atty. Espinas emphasized that we as students of law must consider the prohibited acts under the laws being reported/discussed. In relation to Forestry Code, one common prohibited act that is quite prevalent in the country is kaingin without authority under a license agreement or permit. If a person is found guilty of engaging in kaingin activities, the penalty shall be imprisoned for not less than two nor more than four years and a fine equal to eight times the regular forest charges due on forest products destroyed and possibly the cost of full restoration of the occupied area to be determined by the Bureau. By further reading the book of Justice Agcaoli entitled Law on Natural Resources, I realized that if the government official or employee is the one guilty of illegal kaingin, he or she will be automatically dismissed from the service and will be also disqualified from holding any elective or appointive position. Based on the penalties imposed in relation to the offense mentioned, it seems that the State is serious in protecting the forests from abusive individuals and companies who undermined sustainable development vis-à-vis the future of succeeding generations. Another offense under the Forestry Code is survey by unauthorized persons of any forest lands whether clothed with licensed agreement, lease, permit, or not. There must be a valid permit from the Director of the Bureau. Any violation of this prohibition is punishable by imprisonment for not less than two nor more than four years plus confiscation of the implements used in the conduct of the said violation and cancellation of license. Related to this offense is the misclassification and survey of government official or employee of forest lands as alienable and disposable lands even if it does not met the criteria and standards established by the Code. For violation of this prohibition, the penalty is imprisonment of not less than one year and a fine of not less than P 1,000.00. In connection with the fine, it is my humble submission that it should be increase so that the possible offender will be restraint based on the fine imposed. For the Anti-Chain Saw Act, the law enumerates the following prohibited acts and their corresponding penalties: 1
Section 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 government.
Prior to the reporting of Ms. Celestial, I have no idea that there is a law regarding Anti-Chain Saw. As a student of law, it is a learning experience for me to be exposed on these crucial environmental laws and to be an active advocate for the dissemination of these laws to my students and my community as well. Concentrating on the prohibited acts on the laws being reported and discussed is a good way for me as a law student to be aware that environmental laws may be harsh but we must follow it. The State in imposing higher penalties for violation of environmental laws is doing its duty as the guardian of national patrimony and resources. As members of a body politic, we must do our part in the protection of the environment and natural resources by simply following the environmental laws and being an active advocates for this noble cause of protecting and preserving the environment and natural resources. Hopefully in the future, many of my classmates will become lawyers and at the same time advocates for the said noble cause. 2
