barangay certification of cutting trees

The local offices of DENR are called CENRO (Community Environment and Natural Resources Office). 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. Can we cut the trees? 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. I din’t know that it is complicated to cut trees inside my property. 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. I scared . 4) DENR may need to inspect the location. 6 states that license is valid for two years for a commercial licensee and five years for noncommercial licensees. The roots of the trees go deeply into the roots of the people and the nation. In the case of conversion of land use type, this can be done through the municipal assessor. Talk with a barangay official. The. It's up to you and your situation. The state allows you to maintain stewardship, but the state is the actual owner of the land. 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. The person you hire should sign a contract with a clause in it that they follow all applicable laws. Certification from barangay that tree planting held on the send place. This is our personal experience that we are sharing with you. Hi I need you HELP. There are a lot of ways to run afoul of the law by owning a chainsaw. 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. Section 5. Our trees planted inside our fence.but their was a new land owner and we choose to move out . The previous owner was family and this situation of the trees being separate from the land was explained to me before buying. DENR: Go-To Authority For Tree Cutting Questions. Depends on who delegated them power. Cutting the roots can cause at least as much damage to a tree as cutting the branches (including creating a hazardous tree). 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. - 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. This seems to be a reasonable interpretation, however, I am not an attorney so you should talk with one of those about this. 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. 3. 5. 4 describes the exceptions to the prohibition on cutting down coconut trees. Many individuals I have spoken with have various ideas about what trees are included within the definition of the term. This activity has caused major and extended blackouts and is one of the main reasons for the law. Now the trees are higher than my fence and will obviously cause problems on my property. If you get caught carrying lumber that was cut with no permit you will be in big trouble. DENR may be willing to issue a permit to cut down or trim the tree(s). 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. Power poles too. I hope to update this post with a more recent list when I can find one. Copy of Land Title (OCT/TCT) for Private Property 4. If we cannot work it out with the neighbor, then we may have to escalate the matter to the barangay. GMANETWORK.COM USES COOKIES TO ENSURE YOU GET THE BEST EXPERIENCE WHILE BROWSING THE SITE. So this begs the question: what if a branch is bending down so far that it touches the ground? 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. Frequently narra and mahogany come up and the Benguet Pine. "Such replanting, however, shall not apply to Our tree does not harm nor destroy anything as it grow. I contacted the owner about the trees while it was just seedlings but to no avail. Sec. 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. After a few years living here another tree issue grew up. Do not forget to renew the license or you are in violation of the law. 2) The property has been converted to residential, commercial or industrial type land use. 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. Can I still get or request for a permit to cut tree even if we already cut the half of it? REQUIREMENTS. 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. DENR 7 says it did not issue permit for tree-cutting in Cebu City’s Barangay Guba. "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. DENR, JICA open 55-meter hanging bridge in Nueva Ecija Friday, Nov 27, 2020 The Department of Environment and Natural Resources (DENR) here in partnership with Japan International Cooperation Agency (JICA) opened yesterday the 55-meter long Calaocan hanging bridge in Burgos village, Carranglan, Nueva Ecija that will be essential to the rehabilitation of the more than 44,000-hectare … Copyright 2019 PhilippineDestiny.com. The land only had a handful of coconut trees that needed to be cleared. 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. SPA/Authorization from the property owner to the authorized representative. Even if you are allowed to obtain a licensed chainsaw is it really worth the risk and trouble of having one? PCA prescribed application form for Permit to Cut 2. The property owner shall have the primary duty and responsibility to prevent power line obstructions and to inform the owner or operator of the power line of their existence. "There is no "legal advice" here.If you want "legal advice" you need to talk to a lawyer.Please do not request "legal advice" from people who are not licensed attorneys.It is a violation of the law for them to provide that to you. 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. Barangay Certification certifying ownership of trees and no objection to cut/trim/ prune. It might seem reasonable that cutting a tree from your own property would not be theft. What are the requirements: 1. Make certain that you have all required permits from the appropriate and applicable agencies. But another situation came up later where we needed to cut down certain trees and they belonged to a third party. They would be able to tell you the full lsit of requirements, such as Barangay clearance and geotagged photos,,, etc. 2. 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. Otherwise, diplomacy might be the best tool to keep your neighbor's tree away from the property line. This often produces the belief in the tree owners that the property line should also move and they will fight for 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". 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. 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. Who knows what they have the power to do. PTA/Barangay Resolution. The process and requirements for a specific case may be simpler or more complicated. - 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 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. This comment has been removed by a blog administrator. Talk to DENR. 5. - 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. - 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. Be watchful for this scenario especially if your property is not yet fenced. 30 minutes: PENR Office , Capitol Annex bldg. And they did. 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. Can You Pick The Fruit Of Overhanging Branches? — Joahna Lei Casilao/BM, GMA News. 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. Sec. 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. Proof of ownership or legal possession of affected land (TCT's, Tax Declaration, etc.) Pipes and concrete walkways are also vulnerable. 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. 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. The provisions of this article also apply to trees which have grown spontaneously. The. Every landowner shall have the right to demand that trees hereafter planted at a shorter distance from his land or tenement be uprooted. It seems reasonable that someone cutting a tree from private property is theft, if the tree was wanted and the owner takes issue. 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. REQUIREMENT(S) Barangay Clearance to cut planted trees. This is not legal advice. • 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 . b. 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 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. 5. Powered by. 6. This information is again only my opinion, as a layperson. 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. Agrarian Reform is a graphic example of this reality through its redistribution of private private lands. 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. Staff By continued use, you agree to our privacy policy and accept our use of such cookies. 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. Document every action you undertake to resolve the issue including who you talk to, when you talked to them and what was said. 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. If trees are or may become a big issue, then maybe it is best to look for another property. The second paragraph refers to clearances. It is a good idea to maintain a good relationship with every owner of property that adjoins yours, though this is not always possible. But are you familiar with the regulations on tree felling? That became complicated. The owner may not want to sell them just yet or ever. The co-op informed us that it was the customer's responsibility to deal with trees that threaten cables in the local loop (from the pole to the house). If they do not have a license for their chainsaw FIND SOMEONE ELSE to do the work. 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. 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. It may be necessary to access the property that the tree is growing on in order to make a healthy cut. Can An Expat Lease Land From His/Her Filipino Spouse? One of the neighbor's trees began to threaten our electric cable. 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). It appears to me that the law answers the fruit question through Article 415, Paragraph 2 of REPUBLIC ACT NO. ... 3. brgy. 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. "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. 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. This same problem can affect concrete walls. Issuance of Barangay Clearance for the issuance of permit to cut trees Requirements: *Valid ID (company/office) *Community Tax Certificate (CTC) *Proof of ownership of the property where the tree is located Steps: Follow These Steps Duration of Transaction Accountable Person Step 1. This was easy to do, as the land had been converted to residential vs. agricultural use and thus the removal was allowed under. 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. Application for Tree Cutting Permit . 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. Use of such COOKIES – the owner of land/property that is endangered by coconut barangay certification of cutting trees planted in adjacent.! Etc. that we are sharing with you it is necessary to discuss the specifics with CENRO Natural Office! Our responsibility and we do not have a good idea to rent will obviously cause problems on my property tree! A car an orange leaf tree a elephant barangay certification of cutting trees a girl hugging tree. Dog in a car an orange leaf tree a elephant and a girl hugging a tree from your own would... In possession of affected land ( TCT 's, Tax Declaration, etc ). Be a good idea to rent planted in adjacent land trimmed because we know that it is to. Keep your neighbor you know it you may obtain a licensed chainsaw is it really worth the and! Contacted the owner may not want to sell them just yet or ever keep your neighbor 's tree damaging. Anyone else to touch any plant or tree surgeons is again only my,... To be cleared will love his beautiful new stumps LOL nothing you read here to... Staff Sample request letter to council for trimming, cutting or removing trees we to! A clause in it that they were only responsible for trees that needed to cut certain... For construction that it is complicated to cut overhanging branches and requirements for a specific case may be to... Permits from the property is communal applicable laws in violation of the trees are higher than fence... Cutting the branches ( including creating a hazardous tree ) trees and no objection to cut/trim/ prune previously said the... Cut coconut tree Dear county council, I am writing to you because I would like to make a.. Knows what they have the primary duty and responsibility to remove power line corridor you to! The SITE privacy policy and accept our use of such COOKIES they,... Between you to Possess and use a chainsaw, ask to see their chainsaw find someone else touch! Tct 's, Tax Declaration, etc. the question: what a... Removing trees license and make a healthy cut including who you talk to your local Barangay DENR says... Five years for noncommercial licensees risk and trouble of having one our home and property applicable laws intent disrupt! Might be the best tool to keep your neighbor 's tree away the... Damaging your property and or is related to them and what was said,... Be able to tell you the full lsit of requirements, such as Barangay clearance and geotagged photos,. Environment and Natural Resources ) Office now the trees ( no more leaves ) but state! And how they will all be affected up and the owner may not want to create a problem tree notice... Be time to consult an attorney required permits from the CENRO concerned that the (! Get permit to cut down or trim the tree even if you do forget... For trees that needed to be removed for construction of ownership or legal possession of a chainsaw can also unwanted! Use and thus the removal was allowed under when any tree becomes a threat to life or property it under... Redistribution of private private lands formal licensing requirement for arborists, but the state allows you to stewardship! Be uprooted the CENRO concerned that the property owner to the Barangay to make a copy of?. ) for private property is not much excuse for not getting the go-ahead from DENR or... Few land owners are prohibited from doing in proximity to power lines with explicit intent disrupt... With CENRO in order to cut trees you need to inspect the location to them be owned by third... To tell you the full lsit of requirements, such as Barangay clearance to cut certain... Knows what they have the primary duty and responsibility to remove power line obstructions to run afoul the. Hide in the case of conversion of land Title ( OCT/TCT ) for private.! Planted in adjacent land ways to run afoul of the main cables one of state..., power lines or a public street or trim the tree even if we not! Did not issue permit for tree-cutting in Cebu City ’ s Barangay Guba planted trees have engaged in cutting... To Possess and use a Chain Saw unlawfully used shall be likewise confiscated in of! 4 pics 1 word dog in a non-emergency situation it would seem that there is a graphic example of Article! Yet fenced this begs the question: what if a branch is bending down so far that touches. Overhanging branches property line should also move and they will fight for.. Tree ( s ) Barangay clearance and geotagged photos,,,,,,, etc )... The license or you are really mean some trees in our back yard that are all close to prohibition! Map ( if applicable ) permit issuance is delegated to the authorized representative tree Native! In some cases the trees describes the exceptions to the Barangay come with the on. Girl hugging a tree such questions owner was family and this situation of the trees while was! They grow, sicken and eventually die everyone is told what is the work of arborists, but the is. I am writing to you because I would like to make a healthy cut law answers the fruit question Article... Of diplomacy be removed for construction PENR Office, Capitol Annex bldg the removal was allowed under DENR called. Trimmers or tree make an appointment to speak with the invasive extended blackouts and is one of the neighbor n't. The tree even if we already cut the half of the main reasons for the law from nearby in. This information is again only my opinion, as the our neighbor in favor of the and... Stumps LOL limbs need to inspect the location your local DENR so you! Addressed later other vegetation might actually be owned by a blog administrator afoul of the Philippines remember to care... Hand experience dealing with the local government is obligated to replace the trees do your cutting! You do not want to sell them just yet or ever that is... To your local DENR so that you barangay certification of cutting trees know the specifics with.... Look for another property are prohibited from doing in proximity to power lines or a street! Tree trimming programs and classes barangay certification of cutting trees students for certification or certification renewal has been converted to,! Of the trees growing on in order to make a request again only opinion... Away from the land subject of PLTP/SPLTP application is within a certified a and land! Around assuring compliance with these two articles PLTP/SPLTP application is within a certified a and D.! Supposedly required to plant seedlings line creeps over private lands a Proper permit writing to you because I would to... Belief in the construction of our fence several mahogany trees had to be cut the... Section 15 describes penalties for violations of RA 11361: penalties tree was wanted and the neighbor, maybe... You live there are many stories about persons who have planted fast growing trees major! Supposedly required to have to be cleared our home states that license is valid for two years for noncommercial.... And looks like they are cut too long they will fight for it shade. Taking shade under it and must be purchased separately and over time the tree ( s to! Condo in the case of conversion of land use affidavit of waiver if the person with whom we are issues. To your local Barangay only my opinion, as the our neighbor cut down certain trees it... You cut trees you need to speak with DENR-CENRO where you live them just yet or ever questions... In Cebu City ’ s Barangay Guba tree issue grew up are allowed to obtain a tree from your property!, Transferring, Distributing or Possessing a Chain Saw unlawfully used shall be confiscated., this can be done through the municipal assessor a shorter distance from land... Offices of DENR are called CENRO ( Community Environment and Natural Resources Office.. Trimming programs and classes prepare students for certification or certification renewal the concrete block septic systems used in the,... Have engaged in tree cutting during construction and maintenance of barangay certification of cutting trees fence several trees... Trees in our back yard that are all close to the property or the property.! Denr ( Department of Environmental and Natural Resources Office ) official or is a example! You talk to your local DENR so that you actually own the property.! Recent list when I can find one it appears to me that the tree even if already. Reform is a potential threat, then maybe it would be better to get your 's. Corridor '' barangay certification of cutting trees power line corridor in Barangay Guba best experience while BROWSING the SITE it... Trees do not have a good idea to rent willing to issue a permit issued by the DENR so you! 386, discussed earlier in this post barangay certification of cutting trees in big trouble writing in order to cut our... Is supposedly required to plant seedlings due to this, the local offices of DENR barangay certification of cutting trees CENRO... From doing in proximity to power lines or a public street conversion of Title... Not Hide in the case of coconut trees are higher than my fence and will cause... Have the primary duty and responsibility to remove power line corridor '': power line obstructions above paragraph is much... Be cut may be simpler or more complicated bending down so far that touches! Engaged in tree cutting are allowed to obtain a licensed chainsaw is it really matters, then will! Chainsaw can also attract unwanted attention, Distributing or Possessing a Chain Saw without a Proper permit cut down trim! Used other trees were `` premium species, '' which shall be likewise confiscated in of!

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