Cebu province purchased 34 sets of chain saw worth P681,780 in 2021 for clearing operations in the aftermath of Typhoon Odette but they have not been registered with the Department of Environment and Natural Resources in violation of the law, the Commission on Audit (COA) said.
In its 2022 Annual Audit Report (AAR), COA said the failure of the Cebu provincial government to register and to secure the needed permit violates Section 5 of Republic Act No. 9175, the Chain Saw Act of 2002.
It said that RA 9175 provides that government agencies that use chain saws must secure the necessary permit from the DENR before operating the equipment. It also said the permits are needed to ensure that the chain saws will not be used in illegal logging or unauthorized clearing of forests.
State auditors said that the chain saws were paid for in cash and were later reimbursed out of the government's General Fund.
When asked for explanation, COA said that the Cebu Provincial Disaster Risk Reduction Management (PDRRM) Office reasoned that they did not apply for registration because the purpose of the chain saws was for clearing operations due to Typhoon Odette.
Cebu’s PDRRM cited RA 10121, the Philippine Disaster and Management Act, which reportedly provided an exemption for chain saws bought for disaster operations.
But COA said: "While the purpose of the purchase of these 34 units of chain saw is for disaster response, neither RA 9175 nor RA 10121 provides for the exception for registration.”
"The Audit Team understands the urgency of the clearing operations after the onslaught of Typhoon Odette which struck the Region in December 2021 but now that the situation has already settled, there are no more impediments to have the 34 units of chain saw registered with DENR so as to comply with the requirement of RA 9175 and contribute to the attainment of the objective of the State to regulate the ownership, possession, sale, importation and use of chain saws to prevent the same from being used in illegal logging and unauthorized clearing of forests," it said.
It reminded Cebu province to register and secure the permits for the chain saws from the DENR; otherwise, the responsible public officer might have to face penalties under Section 7 of R.A. No. 9175, which include removal from office and perpetual disqualification from holding public office.