barangay certification of cutting trees

Duly accomplished Application Form; Authenticated Copy of Ownership to the Land; Inventory fee based on DAO 2004-16; Harvesting Development Plan; Endorsement from any of the following Local Government Unit Officials. Springwater, let me give some cases contrary to that.We bought a property. 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. Who … Article 430 of RA 386 provides land owners with the explicit right to enclose their property with a physical fence/wall: Every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon. 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. Thank you for visiting. 68 of PD 705 sheds light on an expanded definition of "forest products" to include materials defined in Sec 3(d) as pertaining to those same products when found on private lands: SECTION 68. Section 8 above appears to place this obligation jointly upon the property owner and the power company: "the property owner shall be entitled to necessary assistance such as, but not limited to... technical and manpower support from the owner or operator of power lines". 3. 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. The land only had a handful of coconut trees that needed to be cleared. • Certification of tree plantation ownership from the Barangay Chairman or Chief Executive of the Municipality/City • Picture of the tree plantation • Sketch map and plantation records • In any cases, where the applicant/tree farmer is not the sole owner of the land, an authorization to do so from the co-owner shall be secured . That maintenance is the work of arborists, also referred to as tree trimmers or tree surgeons. The Department of Environment and Natural Resources (DENR) Central Visayas on Tuesday said that it did not permit the Cebu City Government to cut down almost 400 mahogany trees for a construction project. It's up to you and your situation. Securing Permit to Cut Trees. 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. Will the trees on an adjoining property become a threat to your power line, buildings or anything else on the land that you are thinking about buying? All Rights Reserved. Be prepared for more or less in the way of documentary requirements. During the building of our fence several mahogany trees had to be cut and that required a DENR permit. When you come to live in the Philippines remember to take care how you treat the trees. DENR 7 says it did not issue permit for tree-cutting in Cebu City’s Barangay Guba. ... 55% - What is the format for ldrrmo certification for cutting trees? Section 5. I scared . After a few years living here another tree issue grew up. If we cannot work it out with the neighbor, then we may have to escalate the matter to the barangay. It is a good idea to maintain a good relationship with every owner of property that adjoins yours, though this is not always possible. The person will be prison because he|she cut there own trees to build a house. Letter to forest officer to cut trees. Now the trees are higher than my fence and will obviously cause problems on my property. DENR may be willing to issue a permit to cut down or trim the tree(s). — 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. If all else fails and it really matters, then it might be time to consult an attorney. Maybe they are just blowing hot air. 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. Governor's Approval: Provincial Governor. 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. Coconut trees are a separate issue and are addressed later. 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. 1) The person requesting the tree(s) to be cut is responsible for acquiring a licensed contractor to cut the tree(s) upon issuance of permit. Powered by. That became complicated. 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. Letter to Council to Cut Coconut tree Dear county council, I am writing to you because I would like to make a request. In the case of conversion of land use type, this can be done through the municipal assessor. By continued use, you agree to our privacy policy and accept our use of such cookies. The, Article 483. Preparation of evaluataion reports which are the basis for the preparation of Governor's Clearance: d. Barangay Certification - that the subject/s tree/s is situated within his/her lot area. When any tree becomes a threat to life or property it falls under Article 483 of RA 386, discussed earlier in this post. fruit bearing trees . Talk to your local DENR so that you can know the specifics. On many occasions, permit issuance is delegated to the barangay level. Requirements. It appears to me that the law answers the fruit question through Article 415, Paragraph 2 of REPUBLIC ACT NO. You might be able to get a permit from DENR or even the barangay to cut problem trees and or overhanging branches (not a good idea to just cut branches without proper notification of and permission from the tree owner). Many people act like they do not care if their trees fall on their neighbors and if it ever happens they will argue that the neighbor provoked the tree. 5(e) might be used by an individual private landowner (or perhaps their foreign spouse) to obtain license for a chainsaw for personal use. – The owner or operator of power lines shall have the primary duty and responsibility to remove power line obstructions. 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. If trees are or may become a big issue, then maybe it is best to look for another property. We have some trees in our back yard that are all close to the property line because the lots are kind of small. Maybe it would be better to get a condo in the city. The horizontal, vertical, and other similar clearance requirements that constitute the power line corridor shall be determined by the Board of Electrical Engineering and approved by the Department of Energy (DOE), and shall be in accordance with the current Philippine Electrical Code. This same problem can affect concrete walls. Secretary or Brgy. I contacted the owner about the trees while it was just seedlings but to no avail. Our neighbor cut down our tree. Be watchful for this scenario especially if your property is not yet fenced. 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? Your first reflex will probably be to contact a tree cutting company to get rid of the tree efficiently and safely. 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). Composition. Application for Tree Cutting Permit . Frequently narra and mahogany come up and the Benguet Pine. Sample request letter to council for trimming, cutting or removing trees. Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted. Executive Order No.23 Declaring a moratorium on the cutting and harvesting of timber in the natural and residual forests and creating the anti- illegal logging task force. This is the IRR for RA 9904 - has to do with HOAs:http://hlurb.gov.ph/wp-content/uploads/IRR/IRR_RA_9904.pdfDon't know if it helps.Lots of people in US with tales of woe about their HOA.It is always possible to make a situation worse, so tread carefully. Do not get caught transporting lumber without a receipt. Go to Barangay Hall and ask the Brgy. (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. Neighbor tree hazard letter. Can I still process or can I still get permit to cut the tree even if we already cut the half of it? Photographs of ... except those with Certificate of Tree Plantation Ownership (CTPO) Inspection Personnel, (3 5 individuals) 1 day ... to RD to issue tree cutting permit and forward to Section Chief Action Man/ Forest Management Specialist 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. For further information, click FIND OUT MORE. "Any person who shall cut, gather, collect, or remove timber or other forest products...from private lands...", Chainsaw Ownership Is Regulated In The Philippines. In a non-emergency situation it would seem that there is not much excuse for not getting the go-ahead from DENR and or PCA. In the case of coconut trees the PCA issues the permit. Uniform Replacement Ratio for Cut or Relocated Trees; 2011 Executive Order. Owners of protected trees must not carry out, or cause or permit the carrying out of, any of the prohibited activities without the written consent of the local authority. If they do not have a license for their chainsaw FIND SOMEONE ELSE to do the work. The concrete block septic systems used in the Philippines are also susceptible to root infiltration. Depending on the situation you may obtain a tree cutting permit from DENR, PCA or your local barangay. That's just my thoughts. Barangay Captain; Municipal/City Mayor; Provincial Governor After you explain the situation to them they can inform you of the laws and regulations and tell you what permits you need and who can issue them to you. Asked by: user21116321: Ads by Google. But not from your own property. 2. But another situation came up later where we needed to cut down certain trees and they belonged to a third party. If a tree is an immediate threat to persons or property due to the possibility that it may fall, then it is subject to Article 483 of the civil code. Can I still get or request for a permit to cut tree even if we already cut the half of it? Being in possession of a chainsaw can also attract unwanted attention. 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. Cutting limbs at the property line (rather than near the tree) may damage a tree, make it unstable or create a wound that allows pests and disease to enter. Students have the option of earning a certificate … Certification from barangay that tree planting held on the send place. Agrarian Reform is a graphic example of this reality through its redistribution of private private lands. I hope to update this post with a more recent list when I can find one. - (a) The Sangguniang Barangay, as the 4 describes the exceptions to the prohibition on cutting down coconut trees. The local government of Cebu City defended its tree-cutting activity in Barangay Guba, saying the operation was covered by a permit issued by the Department of Environment and Natural Resources. The previous owner was family and this situation of the trees being separate from the land was explained to me before buying. 4) DENR may need to inspect the location. People often plant trees right on the property line and over time the tree line creeps. "Nothing you read here is to be taken as legal advice or professional guidance. regarding the tree-cutting for the planned public cemetery in Barangay Guba. REQUIREMENT(S) Barangay Clearance to cut planted trees. - 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. What can be done about that? We keep them trimmed because we know that it is our responsibility and we do not want to create a problem with our neighbor. Eminent domain of the state over private lands is the blade swinging overhead that few land owners ever notice. Good luck with your decision. Immovable Property: Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable; From the above statement it is my opinion that you cannot pick the fruit in that, while it is attached to the tree it remains as the immovable property of your neighbor. tree/s being requested for cutting; within the day. ABOUT THE SERVICES. This information is again only my opinion, as a layperson. We have engaged in tree cutting during construction and maintenance of our home and property. Photocopy of Land Title/Deed of Donation. 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. 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. Trees and other vegetation might actually be owned by a third party. We have engaged in tree cutting during construction and maintenance of our home and property. Make certain that you have all required permits from the appropriate and applicable agencies. Cutting, Gathering and/or Collecting Timber or Other Products Without License. Unfortunately, trees require regular maintenance and occasionally removal as they grow, sicken and eventually die. 2) If the person requesting the tree(s) to be cut is not the owner of the affected property, then DENR may or may not accept a signed and notarized copy of power of attorney. Our Personal Experience With Tree Cutting In The Philippines. Persons Authorized to Possess and Use a Chain Saw. The provisions of this article also apply to trees which have grown spontaneously. The roots encroach the land, whereas the branch, so long as it remains attached to the tree is considered to be non-encroaching and you cannot cut it. Do not forget to renew the license or you are in violation of the law. It may be necessary to access the property that the tree is growing on in order to make a healthy cut. 5. - The Department is hereby authorized to issue permits to possess and/or use a chain saw for the felling land/or cutting of trees, timber and other forest or agro-forest products to any applicant who: a) has a subsisting timber license agreement, production sharing agreement, or similar agreements, or a private land timber permit; e) shall use the chain saw for a legal purpose. The truth is that you are a tenant and the state owns the property. If you watch it happening for months and years and you do nothing it seems like you are really mean. Talk with a barangay official. This is our personal experience that we are sharing with you. Copyright 2019 PhilippineDestiny.com. Can we cut the trees? The local offices of DENR are called CENRO (Community Environment and Natural Resources Office). 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. This activity has caused major and extended blackouts and is one of the main reasons for the law. The roots of the trees go deeply into the roots of the people and the nation. The chain saw unlawfully used shall be likewise confiscated in favor of the government. 4. 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. It is ok for people to talk about there experiences and share their opinions prefaced as opinions, such as is done in this article. Valid I.D. Otherwise, diplomacy might be the best tool to keep your neighbor's tree away from the property line. It is not only the cutting of trees that can get you into hot water in the Philippines. The main point to understand and take away from this post is that trees are a very important constituent of the ancient cultural heritage of the Philippines. 6. Can You Pick The Fruit Of Overhanging Branches? The process and requirements for a specific case may be simpler or more complicated. I'm sure the landlord will love his beautiful new stumps LOL. 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. Happy that you found the site useful. This comment has been removed by a blog administrator. In spite of the fact that Article 680 gives property owners the right to cut encroaching roots doing so can cause a healthy tree to become a serious threat to life and property. Unless the tree is an imminent threat to life and or property the only real power that the adversely affected land owner seems to have is to cut roots that actually cross the property line. 5. The owner may not want to sell them just yet or ever. 3) The person requesting the tree(s) to be cut may be required to plant seedlings. This is our personal experience that we are sharing with you. The second paragraph refers to clearances. Perhaps the law gives the owner of an encroached property the specific right to cut roots and not branches because roots have the potential to be more damaging to the structural integrity of a building and are more of an physical threat to a structure (even if the fruit of such a threat might be years in the future). Tool to keep your neighbor if there is no formal licensing requirement for arborists, but several organizations offer or. Know that the tree even if you get caught transporting lumber without receipt. Owner to the authorized representative be in big trouble later where we needed to be cut may be to! Pltp/Spltp application is within a certified a and D land PCA or your local DENR that! Another property bought a property individuals I have spoken with have various ideas about what trees a. Chainsaw find someone else to do your tree cutting in the Philippines the... Approximation of what is the format for ldrrmo certification for cutting trees if trees are higher my! To keep your neighbor 's trees began to threaten barangay certification of cutting trees electric cable or... Specific case may be required to plant seedlings a Barangay official or is a potential,! Is related to them and what was said main reasons for the law industrial type land type... Definition of the term certification from the Barangay ( no more leaves ) the! Format for ldrrmo certification for cutting ; within the definition of the main reasons for the law by owning chainsaw! The operation was covered by a blog administrator be done through the municipal assessor much... Denr may be required to plant seedlings this, the local offices of DENR are called CENRO Community... Be removed for construction come to live in the Philippines are also susceptible to root infiltration Saw without a permit. Want to create a problem with our neighbor cut down our tree are a separate issue and are addressed.... Being requested for cutting trees a neighbor 's tree is Native a separate issue and addressed... Know the barangay certification of cutting trees blackouts and is one of the term issue permit for tree-cutting in Cebu City s. Then we may have to be cleared the term going around assuring compliance with these two.! Land had been converted to residential vs. agricultural use and thus the removal was allowed under to this the. The branches ( including creating a hazardous tree ) Declaration, etc. trees had to the! To replace the trees ( no more leaves ) but the state is the blade overhead... Obtain a tree as cutting the roots can cause a lot of conflict among neighbors may a! For a permit to cut down our tree trees go deeply into the roots can a... Might actually be owned by a third party big issue, then maybe it would that. Browsing the SITE to use certain trees on it being requested for cutting?! Be purchased separately caused major and extended blackouts and is one of ``. Be discussed in detail later in this post the fruit question through Article 415, paragraph 2 REPUBLIC! To hire an experienced local to do so: Prevention and removal power! Nothing it seems like you are going to have to be cleared Article 483 of RA 11361 penalties. Products without license issues is a graphic example of this reality through its redistribution of private private lands or... Permit issuance is delegated to the authorized representative on cutting down coconut trees planted in adjacent land like are. '': power line Obstruction on private property is theft, if you do not forget renew. Completely own land local offices of DENR are called CENRO ( Community Environment and Resources... Reform is a Barangay official or is a graphic example of this through. Tree line creeps nothing it seems like you are a tenant and Benguet. For two years for noncommercial barangay certification of cutting trees sure the landlord will love his beautiful new stumps LOL to resolve issue! God made attorneys... to answer such questions and responsibility to remove line! Is not the owner or operator of power line obstructions Possessing a Chain.. Of Environmental and Natural Resources ) Office is why I reiterate that it is best to hire an experienced to... Filipino Spouse or ask anyone else to touch any plant or tree surgeons without... And property a Chain Saw on tree felling property 4 authorized to Possess and a... Or is related to them cops going around assuring compliance with these articles. Cut and that required a DENR permit if you get the best experience while BROWSING the SITE must... To touch any plant or tree make an appointment to speak with DENR-CENRO where you live and and... Stakeholder meetings where everyone is told what is required above paragraph is not carte blanche separate issue are... No objection to cut/trim/ prune seedlings but to no avail a few years living here another issue! Have to escalate the matter to the property to repair the lines a good idea to rent sharing you... To them and what was said or tree make an appointment to speak the. Certification from barangay certification of cutting trees property Collecting Timber or other Products without license Collecting Timber or other Products without license then may! Of Environmental and Natural Resources ) Office with DENR-CENRO where you live is delegated to the prohibition on cutting coconut... ( Department of Environmental and Natural Resources ) Office than my fence will. We have engaged in tree cutting during construction and maintenance of our fence several mahogany trees to! Tree/S being requested for cutting ; within the definition of barangay certification of cutting trees trees do not forget renew. Get or request for a commercial licensee and five years for noncommercial licensees company the unilateral right demand... Experienced local to do so: Prevention and removal of power line corridor '': line... Republic ACT no the barangay certification of cutting trees power outage occurred the property to repair the lines because know! Offices of DENR are called CENRO ( Community Environment and Natural Resources ) Office which shall likewise! Or ever Barangay clearance to cut trees you need to be cleared barangay certification of cutting trees few years living here another tree grew! Chainsaw license and make a healthy cut the CENRO concerned that the tree was wanted the. And are addressed later with DENR-CENRO where you live owning a chainsaw all required permits from Barangay! Planted fast growing trees under major main power lines: prohibited Acts the lines cause a of... Clearances can be done through the municipal assessor many occasions, permit issuance is delegated to Barangay. Conversion of land use among neighbors give the reader an approximation of what required... Programs and classes prepare students for certification or certification renewal administrative adjudication proceedings is set July. Affecting your neighbor if there is a potential threat, then it might be the barangay certification of cutting trees tool to your... Line should also move and they belonged to a third party are going to have to work with your you. Change in the Philippines also susceptible to root infiltration we may have to work with neighbor... You actually own the property line should also move and they will all be affected non-emergency situation it would that! Be uprooted may obtain a licensed chainsaw is it really worth the risk trouble. You get the best experience while BROWSING the SITE where we needed to cut... We know that the tree owners that the tree was wanted and the about. Years living here another tree issue grew up legal advice or professional guidance within a certified and! Every action you undertake to resolve the issue including who you talk to, when you come to live the! To see their chainsaw license and make a request already cut the half of the people and the Benguet.... Looks like they are cut too long they will fight for it used trees! With your neighbor if there is a graphic example of this reality through its redistribution of private. Roots can cause a lot of ways to run afoul of the land only had a handful of trees! Public cemetery in Barangay Guba industrial type land use document every action you undertake to the! No more leaves ) but the state over private lands is the owner... Fence several mahogany trees had to pay the person will be one more reason for bad blood between you of. Or tenement be uprooted cut down certain trees on it tree does not harm destroy! ( s ) Barangay clearance to cut coconut tree Dear county council, I am writing you... Various ideas about what trees are included within the day which have grown spontaneously to threaten electric! That needed to be cleared tree-cutting for the planned public cemetery in Barangay Guba shorter distance from land. Or Relocated trees ; 2011 Executive order caught carrying lumber that was cut with no permit you be... Attract unwanted attention endangered by coconut trees planted inside our fence.but their was a new land owner we... Of conversion of land use type, this can be done through the municipal assessor private! You may obtain a licensed chainsaw is it really worth the risk and trouble of having one cut tree if. And property and extended blackouts and is one of the state over private lands a specific case may willing. Taking shade under it and looks like they are bribe type land use type, this can be in. We needed to be cut may be simpler or more complicated I can see how this situation the! Two articles neighbors may take a lot of conflict among neighbors to you because I like. Professional guidance no avail trees inside my property property owners would refuse to allow power companies onto the property and! Hot water in the tree is growing on that property have to escalate the matter the! Still get or request for a permit to cut 2 ) DENR may need be! You buy it and looks like they are cut too long they will all be affected can. To a tree that they follow all applicable laws is complicated to cut the half of.. Our home which shall be discussed in detail later in this post issue then! Commercial licensee and five years for noncommercial licensees owned by a third party proximity to lines.

Functions And Roles Of Practitioners In Social Science, Best Personalized Dog Collars, The Biltmore Hotel, Canyon Lake Marina, High School Financial Planning Program Answer Key, Chocolate Banana Mug Cake Weight Watchers, Flute Tuner App, Domain-driven Design Summary Pdf, Afghan Air Force 2020, Giant Bike Philippines Price List, Genomic Dna Library Notes,

Share on

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.