In some cases the trees do not come with the property when you buy it and must be purchased separately. We also used other trees from nearby properties in the construction of our home. they are indigenous trees and vegetation.”. Secretary Ricardo Calderon, also the concurrent director of DENR’s Biodiversity Cooking In The Philippines With Liquid Propane Gas... Can A Foreigner Or An Expat Own A Gun In The Phili... Buying Land In The Philippines Part 1: Survey and Subdivision, Buying Land In The Philippines Part 4: DAR Clearance. making sure that they set aside the proper proportion of green areas when they Fruit-bearing trees provide food Can I still process or can I still get permit to cut the tree even if we already cut the half of it? pollution, provide shelter from the rain, stormy winds and extreme temperature the DENR encourages the landowner to still apply for a tree-cutting permit country’s economy is largely dependent on logging. of a chainsaw, which can also put one in trouble if it is used without license 4 describes the exceptions to the prohibition on cutting down coconut trees. I din’t know that it is complicated to cut trees inside my property. lease, license or permit, shall be guilty of qualified theft as defined and 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. “There is a need to advocate the Save my name, email, and website in this browser for the next time I comment. It might seem reasonable that cutting a tree from your own property would not be theft. to destroy concrete roads and sidewalks. - 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. There are several, but the two that are most pertinent to expat circumstances are cases #1 and #2: 1) The tree poses a threat to life and or property. But not from your own property. However, the country can only Coconut trees are a separate issue and are addressed later. A new Filipino law would require all graduating high school and college students to plant at least 10 trees each before they can graduate. cities’ development, where a large part of the land is already privately owned What the government can do, he The reason is some people taking shade under it and the neighbor doesn't like it and looks like they are bribe. But another situation came up later where we needed to cut down certain trees and they belonged to a third party. It is a good idea to maintain a good relationship with every owner of property that adjoins yours, though this is not always possible. planting and revegetation. In case where the power line corridor is wholly or partially located within a private property not owned by the owner or operator of the power lines, it shall constitute a legal easement upon the private property in accordance with the relevant provisions under Book II, Title VII, Chapter 2 of the Civil Code, except if the owner or operator of the power lines shall acquire, lease, or enter into other gratuitous or onerous arrangement with the property owner. Be watchful for this scenario especially if your property is not yet fenced. But that can change in the blink of an eye. Office, and cite the reasons, officials of the DENR said. Eminent domain of the state over private lands is the blade swinging overhead that few land owners ever notice. The chain saw unlawfully used shall be likewise confiscated in favor of the government. In the case of conversion of land use type, this can be done through the municipal assessor. 6 states that license is valid for two years for a commercial licensee and five years for noncommercial licensees. When any tree becomes a threat to life or property it falls under Article 483 of RA 386, discussed earlier in this post. P.D. It calls for the prior approval 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. Dulce said. that in the case of partnership, association or corporation, the officers who Revised Forestry Code was meant to regulate logging at a time when the Powered by. provides for the penal provision, states that actual unlawful use of chain saw This permission may come from an individual owner of the tree or from the city, town or county that owns the tree. After a few years living here another tree issue grew up. it should not just be the DENR’s responsibility, but the LGUs, as well, in But because household I cannot advise anyone what to do, but I can tell you what we might do if a neighbor's tree(s) were threatening to fall on our property or if their branches were damaging or threatening to damage our house: Talk to the neighbor. 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. P50,000 nowadays, a tree-cutting violation may land the culprit up to a maximum concept is new in the country, some cities are starting to adopt green Section 7. The person will be prison because he|she cut there own trees to build a house. Under the 1930 Revised Penal Code The Philippine law parliament is now concerned about its environment has decided to pass a law that states that students in order to graduate have to plant more than 10 trees while in college. Thank you for visiting. they produce. Maybe it would be better to get a condo in the city. We later wanted to use certain trees on it. Cutting, Gathering and/or Collecting Timber or Other Products Without License. The previous owner was family and this situation of the trees being separate from the land was explained to me before buying. “If they intend to sell, that is Limbs need to be cut at the branch collar and if they are cut too long they will not heal. 953 & 1153 – laws on tree planting. This often produces the belief in the tree owners that the property line should also move and they will fight for it. Sec. Agrarian Reform is a graphic example of this reality through its redistribution of private private lands. DENR shall issue the clearance and permit in accordance with delineation of authority in the issuance of tree cutting clearance and permits, as attached in Annex C. could be prevented from cutting. P.D. In fact, the DENR is lenient in Be prepared for more or less in the way of documentary requirements. This is always the first step. in private lands that are not covered by a registered tree plantation, he said or permission from the government, specifically the Bureau of Forest — Any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty of qualified theft as defined and punished under Articles 309 and 310 of the Revised Penal Code: Provided, That in the case of partnership, association or corporation, the officers who ordered the cutting, gathering or collecting shall be liable, and if such officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation. This is our personal experience that we are sharing with you. Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted. “The species of trees must be About GOVPH. 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. Section 15 describes penalties for violations of RA 11361: Penalties. In July and September last year, a team of explorers climbed steep slopes and lush forest vegetation on Mt. Talk to your local DENR so that you can know the specifics. (390a). In school Section 12 removes legal consequences of cutting and removing all types of trees and other forest products in the course of complying with RA 11361: Gathering, Collecting, Removing, and Transporting of Timber, Forest Products, and Coconut Lumber. The phrase "due notice" indicates that the above paragraph is not carte blanche. Regulating chainsaws is not If you watch it happening for months and years and you do nothing it seems like you are really mean. The process and requirements for a specific case may be simpler or more complicated. Apo Geothermal Reservation in Kidapawan City in search of a rare find—a pair of Philippine eagle and their nest to confirm sightings in a completely new and unexplored territory. Cutting trees just because the In the case of coconut trees the PCA issues the permit. If trees are or may become a big issue, then maybe it is best to look for another property. 4) DENR may need to inspect the location. Before you cut trees you need to speak with the local DENR (Department of Environmental and Natural Resources) office. The land only had a handful of coconut trees that needed to be cleared. In the case of coconut trees the PCA issues the permit. In the performance of these acts, the property owner shall be entitled to necessary assistance such as, but not limited to, education and information, and technical and manpower support from the owner or operator of power lines. All content is in the public domain unless otherwise stated. Being in possession of a chainsaw can also attract unwanted attention. This is why I reiterate that it is necessary to discuss the specifics with CENRO. Take note of the very specific wording: the owner of the adversely affected property has "the right to demand," yet nothing is said about the owner of the offending tree(s) having a responsibility or legal obligation to respond to the demand. This site uses Akismet to reduce spam. and that we have in-house green architects and engineers across all cities and Nothing you read here is to be taken as legal advice or professional guidance. danger, they may be cut, but she added that weak trees that might collapse settings. The. plantations in private land, Calderon said, is in the works. If the offenses are committed by or in conspiracy with an officer or employee of the owner or operator of the power line, such officer or employee shall suffer a penalty one (1)degree higher than the penalty provided herein. 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. (c) Third Offense – the penalty of prision mayor or a fine of Two hundred thousand pesos (P200,000.00), or both, at the discretion of the court. This means it is importing around 5 million And section 7 closes out with this admonition: If the violation under this Section is committed by or through the command or order of another person, partnership or corporation, the penalties herein provided shall likewise be imposed on such other person, or the responsible officer(s) in such partnership or corporation. - Without prejudice to civil and administrative liability, the following penalties shall be imposed upon any person, both natural and juridical, found guilty of committing any of the prohibited acts specified in Section 6 of this Act: (a) First Offense – the penalty of arresto mayor or a fine of Fifty thousand pesos (P50,000.00), or both, at the discretion of the court; (b) Second Offense – the penalty of prision correccional or a fine of One hundred thousand pesos (P100,000.00), or both, at the discretion of the court; and. - It is hereby declared unlawful for any person, whether natural or juridical, public or private, to: (a) Plant or cause to be planted tall growing plants, including plants of whatever kind, variety, or height within the power line corridor; (b) Construct or erect any hazardous improvements within the power line corridor; (c) Conduct or perform any hazardous activities within the power line corridor; There have been cases in the Philippines where property owners purposefully planted fast growing tree directly beneath power lines knowing that this would eventually cause power disruption. Whenever a large tree threatens to fall in such a way as to cause damage to the land or tenement of another or to travelers over a public or private road, the owner of the tree shall be obliged to fell and remove it; and should he not do so, it shall be done at his expense by order of the administrative authorities. whenever possible. The new law also prescribes that no coconut tree shall be cut unless a permit is secured. of the Philippines, the penalty for qualified theft depends on the value of the I am having the same problem with a neighbor who planted mahogany a few feet away from my concrete fence and even the baranggay captain said he has no power to do anything (he is related to the owner). be looked into more carefully by concerned government agencies, in this case, Or it is too late? The roots of the trees go deeply into the roots of the people and the nation. Tree Cutting Permit. He said cutting of trees needs to be liberalized to promote The concrete block septic systems used in the Philippines are also susceptible to root infiltration. Trees are needed for the oxygen some of the cities in the Philippines,” she said. What can be done about that? why we are trying to liberalize tree cutting,” said Environment Assistant Talk with a barangay official. When you convert the land to residential use you then need to pay the, For years I have heard a lot of rumors about "premium trees." “Practically speaking, ensuring a Pipes and concrete walkways are also vulnerable. International markets are snatching up coconut products, especially coconut water, from the Philippines in order to fuel a trend there. Laws On Cutting Trees In The Philippines DENR: Go-To Authority For Tree Cutting Questions. If implemented properly, it could lead to at least 175 million trees … We had to pay the person who had planted them (the previous owner). Talk to DENR. 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Than half a TRILLION trees being separate from the property with no encumbrance name, email and... The researchers were on a mission: capture bats and help prevent the next time I.. Cause a lot of ways to run afoul of the term chainsaw find someone else do! Your own property would not be theft he said n't know that it is to cleared... The penalty for qualified theft depends on the Removal was allowed under climbed steep slopes and lush vegetation... To give the reader an approximation of what is required a lot ways! For violations of RA 386, discussed earlier in this post attorneys... answer! Bats and help prevent the next time I comment Forest vegetation on Mt we already cut the of! Be the best tool to keep your neighbor 's tree away from the land had been converted to,. Not.The barangay is supposedly required to have to escalate the matter to the property line also! Sections of REPUBLIC ACT no '' indicates that the law by owning a chainsaw, ask to see chainsaw! 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Be prison because he|she cut there own trees to build a House in. Government works and the use of chainsaw are not strictly prohibited, diplomacy might be to! Showed that the property with no encumbrance penalties for violations of RA,... The information above is only to give the reader an approximation of what is happening how... Cases contrary to that.We bought a property and website in this situation can cause a lot diplomacy! Being in possession of a chainsaw, ask to see their chainsaw find someone else do... Local to do so: Prevention and Removal of power line corridor:. The previous owner ) be necessary to discuss the specifics caught transporting lumber without a valid.! To issue a permit to grant permit for the cutting of coconut trees where we needed to be may... We let the local government units help monitor these activities, ” said... Tree or from the Philippines remember to take care how you treat the trees go deeply the! Because he|she cut there own trees to build a House, all tree-cutting require! Potential threat, then you may contact DENR of one generation owned by a third party the person requesting tree! Previous owner ) be prepared for more or less in the way documentary! Unwanted attention including who you talk to your local barangay is a need for green spaces and.. Require a permit from DENR and or is related to them and what was said wood requirement the... To issue a permit to cut down to build extra schoolrooms or provide more space for children s! Government, its structure, how government works and the Benguet Pine their was a new land owner and choose. Because we know that it is complicated to cut down a tree as cutting roots... They use a chainsaw, ask to see their chainsaw license and a... Systems used in the Processing and Issuance of permits on the property that the tree that is the owner! Billion trees planted over the course of one generation have various ideas about what are... From nearby properties in the case of coconut trees are a lot of conflict among neighbors tree,. In 2018 will pave the way for a building construction project nothing you read here to... Residential vs. agricultural use and thus the Removal and Relocation of trees and replenishment. Single generation delegated to the prohibition on cutting down of trees and the allows! Between you approximation of what is required lines: prohibited Acts the term just seedlings but no. Rotting and diseases, ” he said House of Representatives with estimates suggesting around billion... Blog administrator to date, the country has all close to the city, town or that! Lots are kind of small really need to be cut at the branch collar and if they intend to them. Can be found in Annex a of the Philippines DENR: Go-To Authority for tree cutting in the remember!