PCSD RESOLUTION NO. 17-611
“DISALLOWING THE REGISTRATION OF ALL CHAINSAW UNITSACQUIRED OR POSESSED WITHOUT LEGAL AUTHORITY FROM THE PCSD”
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 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, on July 22, 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 sustainable management and 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 chainsaw;
WHEREAS, therefore, pursuant to the abovementioned law, the state shall 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;
WHEREAS, Section 9 of the same law provides that the provisions of the same law shall be implemented by the Council pursuant to Republic Act No. 7611 or the Strategic Environmental Plan for Palawan;
WHEREAS, on January 27, 2012, PCSD Revised Administrative Order No. 07, series of 2012 or the Revised Implementing Rules and Regulations of R.A. 9175 or Chainsaw Act of 2002 took effect;
WHEREAS, in recognition of proliferating chainsaw units acquired and/or purchased without authority and from non-registered dealers, there is a need to formalize the stand of this Council as to chainsaw units purchased without legal authority from the PCSD; without prejudice to the filing of the appropriate administrative complaint against the purchaser or seller as the case may be for violating PCSD Administrative Order No. 07, as amended. In addition, the subject chainsaw unit shall be forfeited in favor of the government;
WHEREAS,in today’s regular meeting, the above-quoted resolution was presented and the Council unanimously voted for its adoption;
WHEREFORE,above premises considered, the Council resolves to disallow as it is hereby DISALLOWED, the registration of all chainsaw unitsacquired or possessedwithout legal authority from PCSD;
RESOLVED FURTHER, that a copy of this resolution be furnished the concerned agencies and parties for information and guidance;
RESOLVED FINALLY, that a copy of this resolution be publishedin a newspaper of general circulation in the Province of Palawan and likewise be deposited at the Office of National Administrative Register at the UP Law Center, Diliman, Quezon City
RESOLVED AND ADOPTED this 15th day of December 2017 in Puerto Princesa City, Philippines.
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I hereby certify that the above-quoted resolution has been duly adopted by the PCSD on the 15th day of December 2017 in Puerto Princesa City, Philippines.
NELSON P. DEVANADERA
VICTORINO DENNIS M. SOCRATES
Presiding Officer, Vice-Chair
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