Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
Puerto Princesa City, Palawan
PCSD RESOLUTION NO. 12-432
APPROVING THE REVISED PCSD ADMINISTRATIVE ORDER NO. 07, SERIES OF 2012, OTHERWISE KNOWN AS THE REVISED IMPLEMENTING RULES AND REGULATIONS OF THE CHAINSAW ACT OF 2002 (RA NO. 9175)
WHEREAS, R.A. 7611, otherwise known as the Strategic Environmental Plan (SEP) for Palawan, took effect on 19 June 1992, section 6 of which provides that the SEP shall serve as the framework to guide the government agencies concerned in the formulation of plans, programs and projects affecting the environment and natural resources of Palawan;
WHEREAS, Section 2 thereof declares the policy of the State to protect, develop and conserve its natural resources towards which, it shall assist and support the implementation of plans, programs and projects formulated to preserve and enhance the environment, and at the same time pursue the socioeconomic development goals of the country; that it shall support and promote the sustainable development goals for the provinces through proper conservation, utilization and development of natural resources to provide optimum yields on a continuing basis;
WHEREAS, this same law provides that the SEP shall have, as its general philosophy, the sustainable development of Palawan, which is the improvement in the quality of life of its people in the present and future generations through the use of complementary activities of development and conservation that protect life-support ecosystems and rehabilitate exploited areas to allow upcoming generations to sustain development growth;
WHEREAS, Section 7 of the same provides that the SEP shall establish, as its main strategy, a graded system of protection and development control over the whole of Palawan, including its tribal lands, forests, mines, agricultural areas, settlement areas, small islands, mangroves, coral reefs, seagrass beds and the surrounding sea, known as the Environmentally Critical Areas Network (ECAN), and which shall ensure the following: forest conservation and protection; protection of watersheds; preservation of biological diversity; protection of tribal people and the preservation of their culture; maintenance of maximum sustainable yield; protection of the rare and endangered species and their habitat; provision of areas for environmental and ecological research, education and training; and provision of areas for tourist and recreation;
WHEREAS, Section 16 thereof provides that the governance, implementation and policy direction of the SEP shall be exercised by the Palawan Council for Sustainable Development (PCSD);
WHEREAS, Section 19 of this act provides that the PCSD shall (8) adopt, amend and rescind such rules and regulations and impose penalties for the effective implementation of the SEP law, (9) enforce the provisions of this Act and other existing laws, rules and regulations similar to or complementary with this Act; (10) perform related functions which shall promote the development, conservation, management, protection, and utilization of the natural resources of Palawan; and (11) perform such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions of this Act;
WHEREAS, the Council is vested with the power to promulgate the rules and regulations governing the exploration, development, conservation extraction, disposition, use of natural resources and such other commercial activities related thereto in the province of Palawan;
WHEREAS, on November 7, 2002, Republic Act No. 9175, otherwise known as the Chainsaw Act of 2002, was passed into law to carry out the declared policy of the State to conserve, develop and protect the forest resources under the sustainable forest management by pursuing an aggressive forest protection program geared towards eliminating illegal logging and other forms of forest destruction which are being facilitated with the use of chainsaws; pursuant to Section 9 of R.A. 9175, which provides that the Council shall be the lead implementing agency in the Province of Palawan pursuant to Republic Act No.7611 or the Strategic Environmental Plan for Palawan, the PCSD promulgated PCSD Administrative Order No. 07, series of 2006;
WHEREAS, based on a thorough study of existing rules, discussion of a number of issues and procedural gaps in the implementation thereof, there is a need to make substantial amendments and revisions as well as additional provisions on matters not previously included in Admin Order No. 7, series of 2006 but which necessitate regulation by the PCSD such as, but not limited to the following: nature of the proceedings of chainsaw cases before the PAB, lacking detailed regulations on the manufacture, dealership (both of the whole unit and spare parts), special use, importation and repair of chainsaw units, insufficient rules on the possession/ownership, sale/re¬sale and transport of chainsaw unit, wanting prohibitions and their corresponding fines on some acts obviously made to circumvent the intents of the Chainsaw Act, etc.;
WHEREFORE, for and in consideration of the above premises, upon motion, duly seconded, be it RESOLVED, as it is hereby resolved, TO APPROVE, as it is hereby approved, Revised Implementing Rules and Regulations of the Chainsaw Act of 2002, Series of 2012, which Admin Order is made an integral part of this Resolution as ANNEX A;
RESOLVED FURTHER, that any amendment or addition that the members of this Council would want to pursue or include shall still be entertained until the February 2012 Regular Council Meeting and that after such date, with or without any amendment/addition, this Revised Rules shall be deemed fully approved and shall be subjected to the requirement of publication for effectivity;
RESOLVED FINALLY, that a copy of this Resolution be furnished to all concerned agencies and stakeholders.
APPROVED and ADOPTED this 27th day of January 2012 in Quezon City.
I hereby certify to the correctness and accuracy of the above-quoted resolution.
|ROMEO B. DORADO
HON. ABRAHAM KAHLIL B. MITRA