agrees. Only laws passed by the Congress of the Philippines and other preceding bodies are listed here; presidential decrees and other executive issuances which may otherwise carry the force of law are excluded. less than P30,000 but not more than P50,000. It appears to me that the law answers the fruit question through Article 415, Paragraph 2 of REPUBLIC ACT NO. When any tree becomes a threat to life or property it falls under Article 483 of RA 386, discussed earlier in this post. Does the captain of the barangay has the authority to cut down trees without prior notice to the land owner because of the urgent road widening on the agricultural land? Even if you are allowed to obtain a licensed chainsaw is it really worth the risk and trouble of having one? Cutting of trees, even with a rain—plus the beauty they provide to the natural environment. the necessary complaint with the appropriate official authorized by law to conduct a preliminary investigation of criminal cases and/or file an information in court Chainsaws possessed and actually used to cut trees and timber in forest land or elsewhere without any authority shall likewiSe be judicially confiscated in favor of the government. You are going to have to work with your neighbor if there is a problem tree. The DPWH requested the DENR to cut trees that will be affected by the implementation of the widening of Natalio Bacalso Avenue, Naga-Carcar Section. About GOVPH. Maybe not.The Barangay is supposedly required to have stakeholder meetings where everyone is told what is happening and how they will all be affected. This is our personal experience that we are sharing with you. road-widening projects often result in cutting down trees. that in the case of partnership, association or corporation, the officers who concept is new in the country, some cities are starting to adopt green cutting of trees for noncommercial purposes requires no special permit. a need to communicate the importance of trees in urban areas where the Limbs need to be cut at the branch collar and if they are cut too long they will not heal. The provisions of this article also apply to trees which have grown spontaneously. This means it is importing around 5 million Section 5. “Cutting of trees, even in We have engaged in tree cutting during construction and maintenance of our home and property. lease, license or permit, shall be guilty of qualified theft as defined and Duly accomplished Application Form; ... Republic of the Philippines. "While the proposed moratorium has been taken over by this health crisis, we need to follow this up to ensure that our remaining trees will be preserved," Magalong said. If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property. A great resource that details scores of Philippine trees and their uses can be found at, If any of the links above for supporting documents are dead, then you may be able to locate the document that you want on our. Tree roots are capable of depriving a land owner of the right to enclose their property, destroying existing fencing and creating a substantial encroachment on property. We keep them trimmed because we know that it is our responsibility and we do not want to create a problem with our neighbor. The power co-op said that they were only responsible for trees that encroach upon the main cables. Writing a tree-removal request letter is the first step towards having a tree … There are studies that show that more trees in urban P50,000 nowadays, a tree-cutting violation may land the culprit up to a maximum Happy that you found the site useful. could be prevented from cutting. the law were crafted several years ago just to regulate logging activities and to prevent further distructions in the forest but then later on the goverment found out that cutting trees … If you hire someone to cut down the trees and there is no proper permit, then both of you are on the hook for any laws broken. DAO 2018-09. - Gathering, collecting, removing, and transporting of timber, forest products, and coconut lumber as a result of acts performed under Sections 7 and 8 shall not be considered illegal acts: Provided, That. DENR may be willing to issue a permit to cut down or trim the tree(s). But because household for not cutting down trees. P.D. Who knows what they have the power to do. When the inevitable power outage occurred the property owners would refuse to allow power companies onto the property to repair the lines. REPUBLIC ACT No. “That is what the law says. products from any forest land, or timber from alienable and disposable public It is ok for people to talk about there experiences and share their opinions prefaced as opinions, such as is done in this article. Tree Cutting Permit. But if it is to cut the tree q) Forest product means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant, the associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands. This was easy to do, as the land had been converted to residential vs. agricultural use and thus the removal was allowed under. Years after we had purchased that same property the previous owner cut down several trees and used them for construction.Now this is a special case. That said, if you have a good relationship with your neighbor, then they will probably not mind you picking fruit from overhanging branches (ask first). competition for space is very stiff. Sec. “The species of trees must be The phrase "due notice" indicates that the above paragraph is not carte blanche. Another reason why Philippine law might view roots and limbs differently is due to the fact that roots actually attach to physical real property (see section on. In the case of conversion of land use type, this can be done through the municipal assessor. the DENR encourages the landowner to still apply for a tree-cutting permit it should not just be the DENR’s responsibility, but the LGUs, as well, in Sec. REPUBLIC ACT NO. What the government can do, he is often driven by the need for space, fuel or construction material and, in Development whose mandate now rests on the Forest Management Bureau (FMB), one The concrete block septic systems used in the Philippines are also susceptible to root infiltration. According to Calderon, the This same problem can affect concrete walls. If you bought it from an individual instead of a business, then you better be certain they had a permit and I would get a copy of that permit in addition to a receipt. Do not forget to renew the license or you are in violation of the law. Be prepared for more or less in the way of documentary requirements. making sure that they set aside the proper proportion of green areas when they towns that will be available to guide the integration of trees in the Section 9 provides for government and police assistance for power companies to accomplish their necessary tasks in clearing power obstructions: Assistance from Local Government Units, Philippine National Police, and Armed Forces of the Philippines. PRESIDENTIAL DECREE No. During the building of our fence several mahogany trees had to be cut and that required a DENR permit. The roots of the trees go deeply into the roots of the people and the nation. But another situation came up later where we needed to cut down certain trees and they belonged to a third party. means that if one “has a registered tree plantation, then you will no longer - In the performance of the acts under Sections 7 and 8, the owner or operator of the power lines may seek the assistance of LGU officials, the Philippine National Police (PNP), or the Armed Forces of the Philippines (AFP): Provided, That the LGU officials, the PNP, or the AFP shall render such assistance, as may be deemed necessary. The same document/section also defines what is meant by forest lands: d) Forest lands include the public forest, the permanent forest or forest reserves, and forest reservations. Coconut trees are a separate issue and are addressed later. Section 6 describes what land owners are prohibited from doing in proximity to power lines: Prohibited Acts. The authority may be delegated to the city or municipal mayors as the PCA may determine. We already cut the half of the trees (no more leaves) but the trunk is still there. Section 68 of PD 705 states that This seems to be a reasonable interpretation, however, I am not an attorney so you should talk with one of those about this. “There is a need to advocate the But not from your own property. Thank you for visiting. Now the trees are higher than my fence and will obviously cause problems on my property. In such cases the entire tree may need to be cut down and not just the roots and from this point we venture into various problematic scenarios. If you get caught carrying lumber that was cut with no permit you will be in big trouble. for Biodiversity (ACB) Executive Director Theresa Mundita S. Lim. In the case of legal easement, the owner of the private property shall be compensated the proper easement fee pursuant to the provisions of the Civil Code and other relevant laws, rules, and regulations. Document every action you undertake to resolve the issue including who you talk to, when you talked to them and what was said. If you see something in this post that is incorrect or if you want to add something, then let us know through the comment section at the bottom of this article. plantations in private land,  Calderon  said, is in the works. It is not only the cutting of trees that can get you into hot water in the Philippines. Foreign Fugitives Cannot Hide In The Philippines, Butiki And Tuko Lizards Of The Philippines. Earlier this year (2019) we were told by our local power co-op that it was the property owner's responsibility to clear trees that obstruct the service drop. The penalty for qualified theft depends on the value of the land was to... Least as much damage to a third party my property rain—plus the beauty provide. Because we know that it touches the ground is happening and how they will all be.. 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