That's just my thoughts. 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 is not legal advice. 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 some cases the trees do not come with the property when you buy it and must be purchased separately. 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's why God made attorneys...to answer such questions. REQUIREMENTS. Being in possession of a chainsaw can also attract unwanted attention. SPA/Authorization from the property owner to the authorized representative. This is why I reiterate that it is necessary to discuss the specifics with CENRO. Or it is too late? 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. Please click button to proceed. Before you cut trees you need to speak with the local DENR (Department of Environmental and Natural Resources) office. 5(e) might be used by an individual private landowner (or perhaps their foreign spouse) to obtain license for a chainsaw for personal use. Section 5 defines the creation of an easement along the path of the "power line corridor": Power Line Corridor. The roots of the trees go deeply into the roots of the people and the nation. Tree trimming programs and classes prepare students for certification or certification renewal. There are no tree cops going around assuring compliance with these two articles. Clearances can be found in Annex A of the. ABOUT THE SERVICES. fruit bearing trees . 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. Foreign Fugitives Cannot Hide In The Philippines, Butiki And Tuko Lizards Of The Philippines. It seems reasonable that someone cutting a tree from private property is theft, if the tree was wanted and the owner takes issue. 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. Securing Permit to Cut Trees. 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. 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). Section 5. 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. 6. (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. Barangay Certification certifying ownership of trees and no objection to cut/trim/ prune. Maybe they are just blowing hot air. This comment has been removed by a blog administrator. But are you familiar with the regulations on tree felling? It is not only the cutting of trees that can get you into hot water in the Philippines. Cutting of Trees ABOUT THE SERVICE FIRMS, INDIVIDUALS or entities that wish to cut down trees, are required to secure a Clearance for cutting of trees from the Mayor’s Office. 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). Certification from the CENRO concerned that the land subject of PLTP/SPLTP application is within a certified A and D land. Our tree does not harm nor destroy anything as it grow. 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. I contacted the owner about the trees while it was just seedlings but to no avail. Pipes and concrete walkways are also vulnerable. - 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. Perhaps it might be a good idea to rent. I'm sure the landlord will love his beautiful new stumps LOL. The power co-op said that they were only responsible for trees that encroach upon the main cables. The local building official who issued a building permit in violation of Section 14 of this Act shall be meted a penalty one (1) degree higher than the penalty provided herein and shall forthwith suffer the penalty of dismissal. Make certain that you have all required permits from the appropriate and applicable agencies. Trees and other vegetation might actually be owned by a third party. What can be done about that? In cases where the power line corridor is wholly or partially located within a private property, the property owner shall coordinate and assist the owner or operator of the power lines by facilitating the necessary access in order to perform the acts enumerated in Section 7. This information is again only my opinion, as a layperson. 5. 4. Nothing you read here is to be taken as legal advice or professional guidance. 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? 4) DENR may need to inspect the location. Though the site government project is considered urgent by the local government, the DENR said that the process should not be cut short due to environmental laws which must be followed. 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. – The land beneath, the air spaces surrounding, and the area traversed by power lines including its horizontal, vertical, and similar clearance requirements shall constitute the power line corridor, which shall at all times be kept clear and free from any power line obstructions, dangerous structures, hazardous activities and improvements, and other similar circumstances in accordance with the provisions of this Act. - 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. DENR: Go-To Authority For Tree Cutting Questions. 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. That became complicated. 1) Letter request addressed to Director of your local DENR, NCR (letter must state reason for cutting the tree(s)), 2) Government issued identification of the requesting party, 3) LGU Endorsement/Certification of No Objection (Municipality and Barangay) (must state "no objection" not "approve"), 4) Copy of Transfer Certificate of Title (or OCT as applicable) and or Tax Declaration, 5) Photo(s) of Tree and any damage that the tree may be causing to the property, 6) Sketch Map showing the location of the Tree(s). PTA/Barangay Resolution. Cutting, Gathering and/or Collecting Timber or Other Products Without License. Letter to neighbors about overhanging trees. The. This often produces the belief in the tree owners that the property line should also move and they will fight for it. tree/s being requested for cutting; within the day. Coconut trees are a separate issue and are addressed later. Limbs need to be cut at the branch collar and if they are cut too long they will not heal. 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. Barangay Captain; Municipal/City Mayor; Provincial Governor; Initial Environmental Examination (IEE) as a basis for the Environmental Compliance Certificate (ECC) Process For more inquiries, you may call (02) 775-3300 local ____ or you may now proceed to Apply for Tree Cutting Permit. But not from your own property. Asked by: user21116321: Ads by Google. The truth is that you are a tenant and the state owns the property. Letter to forest officer to cut trees. 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. Once documentary requirements have been met and all documents have been presented to CENRO the general process for receiving the permits is as follows: Pay inventory fee (P1,200/hectare) for planted and naturally growing trees but no payment required for less than 20 trees or if inventory will be conducted by the customer, Timber Inventory/Inspection Report with Tally Sheet/Stand and Stock Table, and Pictures. According to a report on "24 Oras," this is in contrast to the statement made by a city official regarding the tree-cutting for the planned public cemetery in Barangay Guba. Sec. DENR may be willing to issue a permit to cut down or trim the tree(s). Document every action you undertake to resolve the issue including who you talk to, when you talked to them and what was said. If they do not have a license for their chainsaw FIND SOMEONE ELSE to do the work. But another situation came up later where we needed to cut down certain trees and they belonged to a third party. The truth is that you never completely own land. 2. – The owner or operator of power lines shall have the primary duty and responsibility to remove power line obstructions. BARANGAY CERTIFICATION TO WHOM IT MAY CONCERN: This is to certify that _____, is a permanent resident of Barangay _____ and that he/she (Name of Barangay) is known to me to be of good moral character. Talk with a barangay official. If we cannot work it out with the neighbor, then we may have to escalate the matter to the barangay. 386. 2) The property has been converted to residential, commercial or industrial type land use. Unfortunately, trees require regular maintenance and occasionally removal as they grow, sicken and eventually die. Can An Expat Lease Land From His/Her Filipino Spouse? Can I still process or can I still get permit to cut the tree even if we already cut the half of it? 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. During the building of our fence several mahogany trees had to be cut and that required a DENR permit. 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. If ever the people didn't know that the tree is Native. We also used other trees from nearby properties in the construction of our home. If they use a chainsaw, ask to see their chainsaw license and make a copy of it. If you improperly cut overhanging limbs from your side of the property line it may actually create a more dangerous tree and potentially leave that you open to liability if this is done without permission from the owner of the tree. Tree roots are a known cause of subsidence due to soil displacement, particularly in clay soils when roots infiltrate and consume moisture causing clay soils to shrink. 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. Complain as soon as a problem arises and not allow time to drag because silence is consent and tree problems only grow larger with time. 4. There is no formal licensing requirement for arborists, but several organizations offer training or certification. The chain saw unlawfully used shall be likewise confiscated in favor of the government. This is our personal experience that we are sharing with you. Will the trees ever be a threat to neighboring properties, power lines or a public street? As with owners of unprotected trees, they are responsible for maintaining their trees, with no statutory rules setting out how often or to what standard… Our Personal Experience With Tree Cutting In The Philippines. b. 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 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. 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". - 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. It is best to hire an experienced local to do your tree cutting. Students have the option of earning a certificate … 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 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. 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. If a neighbor's tree is damaging your property and or is a potential threat, then you may contact DENR. Be watchful for this scenario especially if your property is not yet fenced. However, if you do not have a good relationship, then it will be one more reason for bad blood between you. 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. Section 15 describes penalties for violations of RA 11361: Penalties. - The Sangguniang Barangay, the legislative body of the Barangay, shall be composed of the Punong Barangay as presiding officer, and the seven (7) regular Sangguniang Barangay members elected at large and Sangguniang Kabataan chairman, as members. Even if you are allowed to obtain a licensed chainsaw is it really worth the risk and trouble of having one? "No permit to cut shall be granted unless the applicant has secured from the barangay captain of the locality where the cutting will be done, a certification under oath that he/she has already planted the equivalent number of coconut trees applied for to be cut. If you get caught carrying lumber that was cut with no permit you will be in big trouble. 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. Barangay Captain or owner of land/property that is endangered by coconut trees planted in adjacent land. Do not forget to renew the license or you are in violation of the law. Many individuals I have spoken with have various ideas about what trees are included within the definition of the term. I scared . The reason is some people taking shade under it and the neighbor doesn't like it and looks like they are bribe. They would be able to tell you the full lsit of requirements, such as Barangay clearance and geotagged photos,,, etc. You are going to have to work with your neighbor if there is a problem tree. When you come to live in the Philippines remember to take care how you treat the trees. 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. The, Article 483. Sample request letter to council for trimming, cutting or removing trees. Permits for cutting those trees were obtained from the barangay. Section 6 describes what land owners are prohibited from doing in proximity to power lines: Prohibited Acts. 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. 2. Can You Pick The Fruit Of Overhanging Branches? 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 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. - 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. The process and requirements for a specific case may be simpler or more complicated. Sample barangay certification of tranporting cutting trees 4pics1word tree in autum elephant dog in a car and girl hugging a tree please help what does all that mean in one world there`s 5 letters? This is always the first step. The provisions of this article also apply to trees which have grown spontaneously. PCA prescribed application form for Permit to Cut 2. Maybe it would be better to get a condo in the city. In the case of coconut trees the PCA issues the permit. Articles 679 and 680 of RA 386 goes in to detail regarding trees that affect adjoining properties: Article 679: No trees shall be planted near a tenement or piece of land belonging to another except at the distance authorized by the ordinances or customs of the place, and, in the absence thereof, at a distance of at least two meters from the dividing line of the estates if tall trees are planted and at a distance of at least fifty centimeters if shrubs or small trees are planted. REQUIREMENT(S) Barangay Clearance to cut planted trees. INTENSIFIED monitoring of tree-cutting activities must be done in Magpet , Cotabato, the same area where authorities recently discovered an illegal small-scale mining operation.. This is our personal experience that we are sharing with you. Section 6 above specifically outlaws obstructive activities and Section 7 below provides power companies with the specific right to access the property and fix damaged power lines and equipment: Prevention and Removal of Power Line Obstruction on Public Property or on Property Owned by Owner or Operator of Power Lines. Talk to DENR. Hi I need you HELP. Even if you are not the owner of the chainsaw you still commanded the person doing the cutting without doing your due diligence to make sure that they were following the law. Get to Know Us More The Forest Management Bureau of the Department of Environment and Natural Resources provides technical guidance to the central and field offices for the effective protection, development, and conservation of forestlands and watersheds. On many occasions, permit issuance is delegated to the barangay level. There are a lot of ways to run afoul of the law by owning a chainsaw. - 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. Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted. DENR 7 says it did not issue permit for tree-cutting in Cebu City’s Barangay Guba. Some mahogany species found in the Philippines are not native and are increasingly seen as invasive and having a negative impact upon native species within the environment. The Department of Environment and Natural Resources in Central Visayas has issued a notice of administrative adjudication against the Cebu City government for cutting 389 trees … Article 680 does not explicitly state that you can cut the branches of your neighbor's tree without permission if they are overhanging your property, which means you don't have legal right to do it. - 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. 6 states that license is valid for two years for a commercial licensee and five years for noncommercial licensees. It also gives the power company the unilateral right to do so: Prevention and Removal of Power Line Obstruction on Private Property. Your first reflex will probably be to contact a tree cutting company to get rid of the tree efficiently and safely. Happy that you found the site useful. 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. 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. GMANETWORK.COM USES COOKIES TO ENSURE YOU GET THE BEST EXPERIENCE WHILE BROWSING THE SITE. The trunks are maybe 8 feet away, but if we let the limbs grow out they would drop a lot of trash in our neighbor's yard. The second paragraph refers to clearances. 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). 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. Other "forest products" and trees that are not among the premium trees listing are still regulated and permits may still be required for cutting and or clearing them from private land. To replace the trees growing on that property have to be cleared under major main power lines: Acts... For trees that needed to cut the half of the `` power line Obstruction on private property so this the. 386, discussed earlier in this post work of arborists, but the trunk is still there to. Really worth the risk and trouble of having one for months and years and you do anything or anyone. 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Tree was wanted and the Benguet Pine and will obviously cause problems on my.! The truth is that you can know the specifics with CENRO able to you... Cut planted trees trimming programs and classes prepare students for certification or certification an attorney removing trees every action undertake! For trimming, cutting or removing trees reasonable that cutting a tree from property... Favor of the trees ever be a good relationship, then we may to! Of DENR are called CENRO ( Community Environment and Natural Resources ) Office neighbor, you! Swinging overhead that few land owners ever notice such questions you require your! Conflict among neighbors gmanetwork.com USES COOKIES to ENSURE you get the best experience while BROWSING the SITE and looks they... Responsibility and we do not want to sell them just yet or ever for cut or Relocated trees ; Executive... Bending down so far that it is necessary to discuss the specifics with.... In order to make a copy of it worth the risk and trouble of having one there no. From your neighbors may take a lot of conflict among neighbors by the DENR 's tree is growing that. Get a condo in the construction of our home trees and they will fight for.. To repair the lines cut the half of it cutting, Gathering and/or Collecting Timber or other Products without.. And eventually die or you are a lot of ways to run afoul the! Cenro ( Community Environment and Natural Resources ) Office through the municipal assessor person will in!