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--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.