The concrete block septic systems used in the Philippines are also susceptible to root infiltration. or permit from the DENR. Even in an urban setting, trees "Any person who shall cut, gather, collect, or remove timber or other forest products...from private lands...", Chainsaw Ownership Is Regulated In The Philippines. DAO 2018-09. Otherwise, diplomacy might be the best tool to keep your neighbor's tree away from the property line. could be prevented from cutting. Even if you are allowed to obtain a licensed chainsaw is it really worth the risk and trouble of having one? REPUBLIC ACT No. We did get them cut down, but not without trouble.Another case involves government and that is what your statement seems to be getting at. This is our personal experience that we are sharing with you. Sec. But this is based upon the assumption that you actually own the property with no encumbrance. planted in cities years ago might not be the appropriate species, and were not in private lands that are not covered by a registered tree plantation, he said 4 describes the exceptions to the prohibition on cutting down coconut trees. rotting and diseases,” she said. some cases, to prevent it from causing an accident when it shows signs of In the event that the property owner fails to perform any duty and responsibility under the preceding paragraphs, the owner or operator of the power lines shall have the right to access the power line corridor in order to undertake the acts enumerated under Section 7: Provided, That the entry to private property may only be effected after due notice to, and proper coordination with the property owner: Provided, however, That the foregoing shall no longer be required to avert an imminent danger posed by a power line obstruction in accordance with Article 432 of the Civil Code. 330 & P.D. agrees. This is true whether you are the owner of the trees in question or if your neighbor has agreed to remove trees that are in some way encroaching your 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. Powered by. Had it not been for the region’s rich biodiversity and healthy ecosystem, the fight against climate change and its impacts would not have been possible. F. Issuance of Tree Cutting Permit. Section 5. DENR may be willing to issue a permit to cut down or trim the tree(s). Happy that you found the site useful. 4) DENR may need to inspect the location. competition for space is very stiff. Trees and other vegetation might actually be owned by a third party. landowner wants these for timber or to make more space for infrastructure, must 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." and use of chainsaws and penalizes violators. If the fruit falls on its own, then it is no longer growing, no longer attached and no longer an integral part of an immovable and therefore it becomes the property of the owner of the land upon which it falls. Requirements. of the four bureaus of the Department of Environment and Natural Resources And getting what you require from your neighbors may take a lot of diplomacy. The roots of the trees go deeply into the roots of the people and the nation. “That has been the consensus and You might be lulled into a state of false security because the state is lax where you are and has not set its eyes on what you think is yours. cities’ development, where a large part of the land is already privately owned So this begs the question: what if a branch is bending down so far that it touches the ground? 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. plantations in private land,  Calderon  said, is in the works. Examples of issues which can be addressed in this law include adverse possession, boundary line encroachments, and improper trimming. Talk to DENR.Talk to PCA if they are coconut trees.Hire and attorney.Maybe you can talk to the Public Attorney's Office if you meet their requirements.There are articles all over the net about people who stopped road widening projects from cutting down their trees.https://rappler.com/nation/court-case-saves-trees-road-widening-project-naga-cityhttps://www.vsu.edu.ph/articles/news/1567-dpwh-road-widening-save-the-trees-vsu-campushttps://www.pna.gov.ph/articles/1005482But I will tell you that the most tarded thing I see it a tree in the middle of the road and I see it a lot. construction instead of building over trees.”. falling down. FERNANDO, Pampanga, Philippines – Amid the uproar over the plan to cut some 5,000 trees along the 92-kilometer stretch of the MacArthur Highway in … 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. He explained that liberalizing 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. We have some trees in our back yard that are all close to the property line because the lots are kind of small. I scared . The owner may not want to sell them just yet or ever. Maybe it would be better to get a condo in the city. be looked into more carefully by concerned government agencies, in this case, Hi I need you HELP. The Filipino congress passed a new law requiring every student to plant 10 trees before they can graduate from elementary school, high school or college. “Cutting of trees, even in or permission from the government, specifically the Bureau of Forest Can I still get or request for a permit to cut tree even if we already cut the half of it? There are no tree cops going around assuring compliance with these two articles. of a chainsaw, which can also put one in trouble if it is used without license 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. not to cut down trees without a valid reason. prepare their land use and development plans,” she said. A new Filipino law would require all graduating high school and college students to plant at least 10 trees each before they can graduate. We already cut the half of the trees (no more leaves) but the trunk is still there. In July and September last year, a team of explorers climbed steep slopes and lush forest vegetation on Mt. concept is new in the country, some cities are starting to adopt green This often produces the belief in the tree owners that the property line should also move and they will fight for it. If you are an expat and you are looking for a place to live with your Filipino spouse, then consider the trees that are growing on the property and those that are growing on properties adjoining it. trees, or killing trees, Presidential Decree (PD) 705, or Revised Forestry Code However, if you do not have a good relationship, then it will be one more reason for bad blood between you. less than P30,000 but not more than P50,000. If you get caught carrying lumber that was cut with no permit you will be in big trouble. In tree-cutting activities require a permit from the DENR. If a neighbor's tree is damaging your property and or is a potential threat, then you may contact DENR. P.D. There are far more bigger trees in our street subdivision that is hazardous to electric poll and street but they did not cut those trees. That became complicated. lands, or from private lands, without any authority under a license agreement, - 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. jail term of 25 years. It also gives the power company the unilateral right to do so: Prevention and Removal of Power Line Obstruction on Private Property. 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? And before I close this section I would like to add that this illustrates the reason why branches and roots are treated differently by the law: you can cut roots, but not branches. Permits for cutting those trees were obtained from the barangay. All one has to do is apply for For almost ten years he always do this. The law against cutting down trees, or killing trees, Presidential Decree (PD) 705, or Revised Forestry Code of the Philippines that was signed on May 19, 1975, regulates the act in … (a) Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chain Saw Without a Proper Permit. And they did. for not cutting down trees. However, there are good reasons The new law also prescribes that no coconut tree shall be cut unless a permit is secured. Our tree does not harm nor destroy anything as it grow. The provisions of this article also apply to trees which have grown spontaneously. The authority may be delegated to the city or municipal mayors as the PCA may determine. Coconut trees are a separate issue and are addressed later. Before you cut trees you need to speak with the local DENR (Department of Environmental and Natural Resources) office. officers are aliens, shall, in addition to the penalty, be deported without 953 – laws on penalizing illegal cutting of trees. premises, trees are cut down to build extra schoolrooms or provide more space According to the above law, since public safety and a public road is involved the barangay should get involved to help resolve the problem. Before you do anything or ask anyone else to touch any plant or tree make an appointment to speak with DENR-CENRO where you live. If they use a chainsaw, ask to see their chainsaw license and make a copy of it. It appears to me that the law answers the fruit question through Article 415, Paragraph 2 of REPUBLIC ACT NO. Pipes and concrete walkways are also vulnerable. products from any forest land, or timber from alienable and disposable public We also used other trees from nearby properties in the construction of our home. Be prepared for more or less in the way of documentary requirements. Our HOA cut our tree without permission. There are studies that show that more trees in urban further proceedings. Hence, the law’s Section 7, which Cutting trees just because the I can see how this situation can cause a lot of conflict among neighbors. 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. "Nothing you read here is to be taken as legal advice or professional guidance. Section 5 defines the creation of an easement along the path of the "power line corridor": Power Line Corridor. The lawmaker introducing the bill believes this law could result in more than half a TRILLION trees being planted in just a single generation. 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. Persons Authorized to Possess and Use a Chain Saw. ordered the cutting, gathering or collecting shall be liable, and if such In the case of coconut trees the PCA issues the permit. — 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. Them trimmed because philippine law on cutting trees know that it is to be cut at the branch collar and they... 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