PCSD RESOLUTION NO. 16-551
“ADOPTING PCSD LEGAL AND INTER-GOVERNMENTAL AFFAIRS COMMITTEE RESOLUTION NO. 15-01 DENYING THE APPLICATION FOR REGISTRATION OF CHAINSAW UNIT WITH SERIAL NUMBER 201501274630 FILED BY MR. ALLAN TALAM AND FORFEITING THE SUBJECT UNIT IN FAVOR OF THE GOVERNMENT”
WHEREAS, Section 6 of RA 7611 provides that the Strategic Environmental Plan (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 Republic Act 7611 empowers the Palawan Council for Sustainable Development, herein referred to as the Council, “to formulate plans and policies as may be necessary to carry out the provisions of the Strategic Environmental Plan (SEP) for Palawan”, as well as “to adopt, amend and rescind such rules and regulations and impose penalties therefore for the effective implementation of the SEP”;
WHEREAS, Republic Act 9175, otherwise known as the Chainsaw Act of 2002, provides that it is the policy of the State to conserve, develop and protect the forest resources under sustainable management and 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 chainsaw;
WHEREAS, by virtue of such policy of the State, it shall therefore regulate the ownership, possession, sale, transfer, importation and/or use of chainsaw to prevent them from being used in illegal logging or unauthorized clearing of forests;
WHEREAS, the Council adopted Administrative Order No. 07, Series of 2003, providing for the implementing rules and regulations of the Chainsaw Act of 2002 in the Province of Palawan, which was subsequently amended by PCSD Resolution No. 06-313 providing, among others, the registration of chainsaw units in Palawan;
WHEREAS, the PCSD, in the exercise of its mandate, promulgated Administrative Order No. 07, series of 2012, otherwise known as the Revised Implementing Rules and Regulations of the Chainsaw Act of 2002 (R.A. No. 9175), providing, among others, the registration of chainsaw units in Palawan and requirement for the transportation of the same;
WHEREAS,in 2015, Mr. Allan Talam, resident of Brgy. Tinitian, Roxas, Palawan, applied for registration of chainsaw unit, STIHL model 070, bearing serial number 201501274630;
WHEREAS, Mr. Talam’s application was presented before the PCSD Legal and Inter-Governmental Affairs Committee for evaluation and deliberation considering that the subject chainsaw unit has been confiscated as result of transporting the same without proper permits from the concerned agencies;
WHEREAS, the PCSD Legal and Inter-Governmental Affairs Committee, through Resolution No 15-01, recommended the denial of the application for registration of chainsaw unit with serial number 201501274630 filed by Mr. Allan Talam;
WHEREAS, the Committee likewise recommended the forfeiture of the subject chainsaw unit in favor of the government;
NOW, THEREFORE, in consideration of the foregoing premises, and upon motion duly seconded, the Council RESOLVES, AS IT IS HEREBY RESOLVED, adopting the PCSD Legal and Inter-Governmental Affairs CommitteeResolution No. 15-01 denying the application for registration of chainsaw unit with serial number 201501274630 filed by Mr. Allan Talam and forfeiting the subject unit in favor of the government;
RESOLVED FINALLY, that copies of this Resolution be furnished the agencies and parties concerned for their information, guidance and reference.
RESOLVED AND ADOPTED this 26th day of May 2016 in Puerto Princesa City, Palawan.
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I hereby certify that the above-quoted resolution has been duly adopted by the PCSD on the 26th day of May 2016.
NELSON P. DEVANADERA
JOSE CH. ALVAREZ