A RESOLUTION CONFIRMING PCSD ADJUDICATION BOARD RESOLUTION NO. 08-05 AND AUTHORIZING THE PCSDS EXECUTIVE DIRECTOR TO DESTROY BY APPROPRIATE MEANS CHAINSAWS FORFEITED IN FAVOR OF THE GOVERNMENT

WHEREAS, Section 16 of Republic Act 7611 or the Strategic Environmental Plan (SEP) for Palawan Act provides that the governance, implementation and policy direction of the SEP shall be exercised by the Palawan Council for Sustainable Development (PCSD), hereinafter referred to as the Council;

WHEREAS, Section 6 of the said Act provides that the SEP shall serve as the framework to guide the government agencies concerned in the formulation and implementation of plans, programs and projects affecting the environment and natural resources of Palawan;

WHEREAS, Section 19 of the same Act empowers the Council to formulate
plans and policies as may be necessary to carry out the provisions of the SEP, as well as to adopt, amend and rescind such rules and regulations and impose penalties therefor, for the effective implementation thereof and to perform such other powers and functions as may be necessary in carrying out its functions, powers, and the provisions of the SEP law;

WHEREAS, on 7 November 2002 Republic Act 9175 or the Chainsaw Act of
2002  was enacted by Congress wherein Section 9 thereof provides that in the Province of Palawan, the provisions of the Act shall be implemented by the Palawan Council for
Sustainable   Development   pursuant   to   Republic   Act   No.   7611    for   the   effective implementation thereof in the province;

WHEREAS, the Council enacted PCSD Administrative Order No. 07, Series of
2003  as the Implementing Rules and Regulations (IRR) of the Act for the Province of
Palawan, which was amended on 17 November 2006 by PCSD Resolution No. 06-313;

WHEREAS, as the IRR of the Chainsaw Act of 2002 in the Province of Palawan, it regulates the purchase, ownership, possession, sale, transfer, importation and use of the chainsaw units to prevent, if not totally eradicate, illegal logging or unauthorized clearing of forests, as well as to ascertain that the owners are indeed qualified to possess and use the same for legal purposes;

WHEREAS, the PCSD Adjudication Board (PAB) was created by the Council as a quasi-judicial body by virtue of PCSD Resolution No. 03-207 and subsequently amended by PCSD Resolution No. 04-238 to try and hear cases for violation of existing PCSD policies;

WHEREAS, starting the year 2004, the PAB has adjudicated cases for violation of PCSD Administrative Order No. 07, Series of 2003, resulting to the forfeiture of chainsaw units in favor of the government;

WHEREAS, the disposition of forfeited chainsaw units has not been provided in PCSD Administrative Order No. 7, as amended. However, Section 7 of the Chainsaw Act (RA 9175) provides that chainsaws confiscated shall be sold at public auction to qualified buyers;

WHEREAS, based on the current data of the Palawan Council for Development Staff (PCSDS), there are Six Hundred Sixteen (616) total registered chainsaw units in the province, aside from units reported as not having been registered and are being used in illegal cutting of forest products;

WHEREAS, the PAB in its meeting on 9 May 2008 decided, in view of the present number of registered units above mentioned, instead of selling the forfeited chainsaw units thru public auction, the same shall be destroyed to limit the circulation and volume of chainsaw units in the province; WHEREAS, PAB Resolution No. 08-05 authorizing the destruction of the twenty (20) chainsaw units forfeited on the occasion of the celebration of the 16th Anniversary of the SEP would convey a strong message to the public of the State’s policy regarding forest protection;

WHEREAS, the disposition of forfeited chainsaw units hereto adopted is in accord with the policy enunciated in RA 9175 that is to 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 chainsaws;

NOW THEREFORE, for and in consideration of the above premises and upon motion duly seconded, be it RESOLVED as it is hereby RESOLVED to CONFIRM as
it is hereby CONFIRMED PCSD Adjudication Board Resolution 08-05 and authorizing the PCSDS Executive Director to destroy by appropriate means chainsaws forfeited in favor of the government.

RESOLVED FURTHER, that copies of this Resolution be furnished all the District Management Offices of the PCSDS, the Sangguniang Panlalawigan of Palawan and all the Local Government Unit’s for information and guidance.

APPROVED and ADOPTED this 30th day of May 2008, Puerto Princesa City, Palawan.

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I hereby certify that the above quoted Resolution has been duly approved and adopted by the Council on the 30th day of May 2008, Puerto Princesa City, Palawan.

ROMEO B. DORADO Secretary

APPROVED : HON.JOEL T. REYES Chairman