PHILIPPINE ENVIRONMENTAL POLICY Goals (Sec 2) : (a) recognize, discharge and fulfill the responsibilities of each generation as trustee and guardian of the environment for succeeding generations, (b) assure the people of a safe, decent, healthful, productive and aesthetic environment, (c) encourage the widest exploitation of the environment without degrading it, or endangering human life, health and safety or creating conditions adverse to agriculture, commerce and industry, (d) preserve important historic and cultural aspects of the Philippine heritage, (e) attain a rational and orderly balance between population and resource use, and (f) improve the utilization of renewable and nonrenewable resources. Environmental Impact Statements(Sec 3) Pursuant to the above enunciated policies and goals, all agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detail statement on (a) the environmental impact of the proposed action, project or undertaking (b) any adverse environmental effect which cannot be avoided should the proposal be implemented; (c) alternative to the proposed action; (d) a determination that the short-term uses of the resources of the environment are consistent with the maintenance and enhancement of the long-term productivity of the same; and (e) whenever a proposal involve the use of depletable or non-renewable resources, a finding must be made that such use and commitment are warranted. Before an environmental impact statement is issued by a lead agency, all agencies having jurisdiction over, or special expertise on, the subject matter involved shall comment on the draft environmental impact statement made by the lead agency within thirty (30) days from receipt of the same. 2. PHILIPPINE ENVIRONMENTAL CODE TITLE I Purposes.( Sec 2) (a) to achieve and maintain such levels of air quality as to protect public health; and (b) to prevent to the greatest extent practicable, injury and/or damage to plant and animal life and property, and

promote the social and economic development of the country. Sec 8-11 Regulation and Enforcement Standards Air Quality & noise standards Authority concerned National Pollution Control Commission Functions >the monitoring and surveillance of air pollutants >permitting of air pollution control facilities >promulgation of appropriate rules and regulations Implementation of community noise standards shall implement emission standards for motor vehicles and may deputize other appropriate law enforcement agencies for the purpose handling, transport, production, storage, use and disposal of radioactive materials

Aircraft Noise Vehicular Emissions

Civil Aeronautics Administration Land Transportation Commission

Radioactive Emissions

Phil. Atomic Energy Commission

Sec 12-13 Monitoring Agency concerned National Pollution Control Commission PAGASA Functions establish to the greatest extent practicable an air quality monitoring network monitor regularly meteorological factors affecting environmental conditions in order to effectively guide air pollution monitoring activities

Air Quality Monitoring

Weather Modification

Sec 14 Purpose (a) classification of Philippine waters; (b) establishment of water quality standards; (c) protection and improvement of the quality of the Philippine water resources, and

mine tailings Enforcement & coordination . in coordination with the appropriate agencies of the government. and (b) to encourage the prudent use and conservation of land resources in order to prevent and imbalance between the nation's needs and such resources. toxic and other substances such as radioactive materials. utilization. according to their best usage reclassify a body of water based on the intended beneficial use and take such steps as may be necessary to upgrade the quality of said water take such measures as may be necessary to upgrade the quality of such water to meet the prescribed water quality standards prescribe quality and effluent standards consistent with the guidelines set by the National Environmental Protection Council and the classification of waters prescribed in the preceding sections. Classification of Phil Waters Reclassification of Waters Based on Intended Beneficial Use Upgrading of Water Quality government agencies concerned Quality Standards The National Pollution Control Commission Water Quality Monitoring and Surveillance National Environmental Protection Council and other substances that may pollute any body of water of the Philippines resulting from normal operations of industries. water-borne sources >and other human activities as well as those resulting from accidental spills and discharge shall be regulated by appropriate government agencies pursuant to their respective charters and enabling legislations establish to the greatest extent practicable a water quality surveillance and monitoring network with sufficient stations and sampling schedules to meet the needs of the country TITLE III Land Use Management Purpose (sec 22) (a) to provide a rational. utilization and disposition of land and its resources in order to derive therefrom maximum benefits. shall formulate and recommend to the National Environmental Protection Council a land use scheme) TITLE IV NATURAL RESOURCES MANAGEMENT AND CONSERVATION Sec 19 & Sec 21 Protection & improvement of water quality Agency concerned National Environmental Protection Council Functions > production. heavy metals. fertilizers. and oils. discharge and dumping of untreated wastewater. storage and distribution of hazardous. (The Human Settlements Commission. and the disposal. pesticides.(d) responsibilities for surveillance and mitigation of pollution incidents TITLE II Sec 15-18 Water Quality Management Agency concerned National Pollution Control Comm National Pollution Control Comm Functions classify Philippine waters. orderly and efficient acquisition.

storm surge. (Section 35) undertake an energy development program encouraging the utilization of invariant sources such as solar. (Section 26) establish a system of rational exploitation and conservation of wildlife resources and shall encourage citizen participation in the maintenance and/or enhancement of their continuous productivity. typhoon. and other tropical natural phenomena in order to bring about any significant effect to mitigate or prevent their destructive effects. (Section 36) prescribe measures for the conservation and improvement of the quality of Philippine water resources and provide for the prevention. (Section 30) promote intensified and concerted Astronomical Services Administration Fisheries and Aquatic Resources Energy Development Energy Development Board Conservation and Utilization of Surface and Ground Waters Wildlife DENR national government through the National Water Resources Council in coordination with other appropriate government agencies research efforts on weather modification. Purpose. The purposes of this Title are: (a) to set guidelines for waste management with a view to ensuring its effectiveness. wind and tidal energy. educational economic and social efforts to prevent Flood Control and Natural Calamities Philippine Atmospheric. and (b) to provide general measures through which the aforesaid policy may be carried out effectively. (a) to provide the basic policy on the management and conservation of the country's natural resources to obtain the optimum benefits therefrom and to preserve the same for the future generations. (b) to encourage.Purposes (Section 25). control and abatement of water pollution. (Section 40) Mineral Resources DENR Forestry and Soil Conservation DENR TITLE V WASTE MANAGEMENT Section 42. promote and stimulate technological. (Section 39) undertake a system of gainful exploitation and rational and efficient utilization of mineral resources and shall encourage citizen participation in this endeavor. (Section 28) undertake a system of rational exploitation of forest resources and shall encourage citizen participation therein to keep the country's forest resources at maximum productivity at all time. Chapter 1 –Chapter 3 Government agency concerned DENR Functions shall establish a system of rational exploitation of fisheries and aquatic resources within the Philippine territory and shall encourage citizen participation therein to maintain and/or enhance the optimum and continuous productivity of the same. tsunami. earthquake. Geophysical and .

The Department of Local Government and Community Development shall promulgate guidelines for the formulation and establishment of waste management programs. or for any other purpose. or any statistically sound timber estimate. The Department Head may reserve and establish any portion of the public forest or forest reserve as site or experimental forest for use of the Forest Research Institute. including government-owned or controlled corporations. (Section 24) Duration of license agreement or license to harvest timber in forest lands. license. dumping of solid wastes or other materials into the sea or any navigable waters shall be permitted in case of immediate or imminent danger to life and property. There is hereby established an Environmental Impact Statement System founded and based on the environmental impact statement required. and modify boundaries of existing ones. including shorelines and river banks. ESTABLISHING AN ENVIRONMENTAL IMPACT STATEMENT SYSTEM. under Section 4 of Presidential Decree No. (Section 2) [All Environmental Impact Statements shall be submitted to the National Environmental Protection Council for review and evaluation. of all agencies and instrumentalities of the national government. occupy. Chapter I Organization and Jurisdiction Bureau The Bureau of Forest Development shall have jurisdiction and authority over all forest land. comprehensive and effective waste management. (Sec 20) A. or the alteration/modification of any part thereof shall be regulated by the local governments concerned in coordination with the National Pollution Control Commission. or permit. grazing lands. The duration of the privilege to harvest timber in any particular forest land under a license agreement or license shall be fixed and determined in . (Section 3)] 4. The State hereby adopts the following policies (Sec 2) (a) The multiple uses of forest lands shall be oriented to the development and progress requirements of the country. 1151. both domestic and foreign. INCLUDING OTHER ENVIRONMENTAL MANAGEMENT RELATED MEASURES AND FOR OTHER PURPOSES Environmental Impact Statement System. or establish and operate any wood-processing plant Exception: unless he has been authorized to do so under a license agreement. (Section 18) Chapter III Utilization and Management General rule: No person may utilize. for preservation as critical watersheds. However. possess or conduct any activity within any forest land. for every proposed project and undertaking which significantly affect the quality of the environment.environmental damage and unnecessary loss of valuable resources of the nation through recovery. (Section 47) The dumping or disposal of solid wastes into the sea and any body of water in the Philippines.Timber General Rule: No harvest of timber in any forest land shall be allowed Exception: unless it has been the subject of at least a five per cent (5%) timber inventory. and the public welfare. and (d) The protection. development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition. where these wastes are likely to be washed into the water is prohibited. as well as private corporations. forest reserve and forest reservation for the national park system. and all forest reservations including watershed reservations presently administered by other government agencies or instrumentalities. (Section 55) 3. government agencies and other entities. (c) The establishment of wood-processing plants shall be encouraged and rationalized. REVISED FORESTRY CODE OF THE PHILIPPINES Policies. made not earlier than five (5) years prior to the issuance of a license agreement or license allowing such utilization. efficient. cities and municipalities. (b) Land classification and survey shall be systematized and hastened. the advancement of science and technology. recycling and reuse of wastes and waste products. Chapter I Enforcement and Guidelines Preparation and implementation of waste management program shall be required of all provinces. firms and entities. (Sec 5) Chapter II Classification and Survey Reservations in forest lands and off-shore areas. and (c) to provide measures to guide and encourage appropriate government agencies in establishing sound. (Section 43) The installation and establishment of incineration or composting plants. The President of the Philippines may establish within any lands of the public domain. Such information and literature shall be given the widest dissemination possible. subject to the rules and regulations of the Philippine Coast Guard and the National Pollution Control Commission (Section 49) The Council shall keep itself informed of current environmental developments by obtaining information and literature from foreign sources through the Department of Foreign Affairs. exploit. lease.

civil reservation. not exceeding twenty-five (25) years. private lands. (Section 39) Timber inventory in other lands containing standing or felled timber. shall be allowed Exception: unless a one hundred per cent (100%) timber inventory has been conducted thereon. General rule: Henceforth.accordance with the annual allowable cut therein. Provided. (Section 40) Minerals Mineral reservations which are not the subject of mining operations or where operations have been suspended for more than five (5) years shall be placed under forest management by the Bureau. without the approval of the government agencies having administrative jurisdiction over the same. cultural minorities and other occupants and residents in forest lands. (Section 30) C. That it shall be a condition of the lease that such persons organize themselves into a cooperative to ensure the orderly management thereof. squatters. renewable for another period not exceeding twenty-five (25) years. further. Provided. Where roads are utilized by more than one commercial forest user. the yield capacity of harvestable timber. In order to coincide and conform to government plans. That the size of the area that may be granted under each category shall in each case depend upon the capacity of the lessee to develop or convert the area into productive condition within the term of the lease. holders of license agreements. and all other lands. including those under the jurisdiction of other government agencies. unless otherwise reserved for other purposes. (Section 52) Wildlife . B. and shall not therefore be allowed except through a license agreement. Prior thereto the Bureau may authorize the public use thereof. with a minimum area of One Thousand (1. shall be regulated in order to prevent them from being used as shelters for excessive and unauthorized harvests in forest lands. All roads and infrastructure constructed by holders of license agreements. Wood-Processing The President of the Philippines. and the capacity of healthy residuals for a second growth. may establish wood industry import-export centers in selected locations: Provided. (Sec 29) General Rule: No new processing plant shall be established Exception: unless adequate raw material is available on a sustained-yield basis in the area where the raw materials will come from. in collaboration with proper government agencies. That logs imported for such centers shall be subject to such precaution as may be imposed by the Bureau. renewable for a period. licenses. programs. no person shall enter into forest lands and cultivate the same without lease or permit. lease or permit. Forest Protection The utilization of timber in alienable and disposable lands. if it will not be detrimental to forest conservation measures. (Section 48) Mineral reservations where mining operations have been terminated due to the exhaustion of its minerals shall revert to the category of forest land. upon the recommendations of the National Economic Development Authority and the Department Head. over timber or forest lands of the public domain categorized in Section 33 hereof. General rule: No harvest of standing or felled timber in alienable and disposable lands. necessary to utilize all the remaining commercial quantity or harvestable timber either from the unlogged or logged-over area. licenses. and all lands containing standing or felled timber. standards. Scattered areas of less than One Hundred (100) hectares each may be leased for the establishment of tree farms to different qualified persons upon a showing that if developed as an integrated unit these areas can be economically exploited: Provided. and specifications. (Section 34) D. for the establishment of an industrial tree plantation or a tree farm may be granted by the Department Head upon recommendation of the Director to any person qualified to develop and exploit natural resources. Reforestation Industrial Tree Plantations and Tree Farms. including those under the jurisdiction of other government agencies. the established cutting cycle thereof. (Section 27) The maximum period of any privilege to harvest timber is twenty-five (25) years. private lands. civil reservations. leases and permits shall not undertake road or infrastructure construction or installation in forest lands without the prior approval of the Director. the Bureau shall prescribe the terms and conditions of joint use including the equitable sharing of construction and/or maintenance costs. or in alienable and disposable lands. civil reservations and other government lands. That no lease shall be granted within critical watersheds. The Bureau shall conduct a one hundred per cent (100%) timber inventory in alienable and disposable lands and civil reservations immediately upon classification or reservation thereof. (Sec 48) Census of kaingineros. leases and permits belong to the State and the use and administration thereof shall be transferred to the government immediately upon the expiration or termination thereof. and of the use of these roads by other parties and the collection of such fees as may be deemed necessary. license. A lease for a period of twenty-five (25) years. insects and/or diseases detrimental to the forests. to prevent the introduction of pests. and the establishment and operation of saw-mills and other woodprocessing plants.000) hectares for industrial tree plantation and One Hundred (100) hectares for tree farm.

No actual implementation of such activities shall be allowed without the required Environmental Compliance Certificate (ECC) under the Philippine Environment Impact Assessment (EIA) system. SALE. there is no evidence that such transfer or conveyance is being made for purposes of speculation. the Secretary may recommend the transfer of such disestablished area to other government agencies to serve other priority programs of national interest. The transferor shall forever be barred from acquiring another license agreement. or permittee may transfer. Wildlife sanctuary. Disestablishment as Protected Area When in the opinion of the DENR a certain protected area should be withdrawn or disestablished. or permittee may transfer. Condition(s) imposed: The licensee. lease or permit only if he has not violated any forestry law. license. all persons who own or are otherwise in possession of chain saws must register the same with the Department. rule or regulation. e. lessee. killed. health. license. and shall include subordinate officers. g. Natural monument. the Department shall be allowed to collect reasonable registration fees for the effective implementation of this Act. d. exchange. lease or permit. without the necessity of permit. sell or convey his license agreement.Within a period of three (3) months from the effectivity hereof. exchange. or any of his rights or interests therein. AND FOR OTHER PURPOSES Environmental Impact Assessment Proposals for activities which are outside the scope of the management plan for protected areas shall be subject to an environmental impact assessment as required by law before they are adopted. (Section 12) The following categories of protected areas are hereby established (Section 3) a. PENALIZING VIOLATIONS THEREOF AND FOR OTHER PURPOSES Registration of Chain Saws. duly approved by the Department of Budget and Management. through any of its Community Environment and Natural Resources Office. . said area shall revert to the category of public forest unless otherwise classified by Congress: Provided. lessee.General rule: Wildlife may be destroyed. The proponent shall be liable for any damage due to lack of caution or indiscretion. there is hereby created a division in the regional offices of the Department to be called the Protected Areas and Wildlife Division in regions where protected areas have been established. safety and property. Protected landscapes and seascapes. or any of his rights or interests therein. For this purpose. Other categories established by law. the transferee has all the qualifications and none of the disqualifications to hold a license agreement. and employees as may be proposed by the Secretary. the proponent shall plan and carry them out in such manner as will minimize any adverse effects and take preventive and remedial action when appropriate. 5. or any of his assets used in connection therewith. in turn. (Section 55) Qualifications General rule: no licensee. eaten or otherwise disposed of. or any of his assets used in connection therewith. That after disestablishment by Congress. clerks. however. Thereafter. and the convenience of the people. c. Disestablishment of a protected area under the System or modification of its boundary shall take effect pursuant to an act of Congress. lease or permit. license. Strict nature reserve. IMPORTATION AND USE OF CHAIN SAWS. AN ACT REGULATING THE OWNERSHIP. POSSESSION. f. lease or permit. AN ACT TO MANAGE AND PROTECT CAVES AND CAVE RESOURCES AND FOR OTHER PURPOSES . for the protection of life. AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL INTEGRATED PROTECTED AREAS SYSTEM. lessee. DEFINING ITS SCOPE AND COVERAGE. license. and the transferee shall assume all the obligations of the transferor. Resource reserve. advise Congress. conventions or international agreements which the Philippine Government is a signatory. Exception: However. which shall issue the corresponding registration certificate or permit if it finds such persons to be qualified hereunder. (Section 7) Administration and Management of the System The National Integrated Protected Area System is hereby placed under the control and administration of the Department of Environment and Natural Resources. The Service thus established shall manage protected areas and promote the permanent preservation. sell or convey his license agreement. which shall be under the supervision of a Regional Technical Director. and appropriated for by Congress. lease or permit. and the results thereof shall be taken into consideration in the decision-making process. it shall. has been faithfully complying with the terms and conditions of the license agreement. h. b. license. Every permit to possess and/or use a chain saw for legitimate purpose shall be valid for two (2) years upon issuance: Provided. the Director may regulate the killing and destruction of wildlife in forest lands in order to maintain an ecological balance of flora and fauna. (Section 10 ) 7. That permits to possess and use chainsaw issued to non-commercial orchard and fruit tree farmers shall be valid for a period of five (5) years upon issuance. Exception: Unless authorized by the Department Head no licensee. or its boundaries modified as warranted by a study and sanctioned by the majority of the members of the respective boards for the protected area as herein established in Section 11. (Section 6) 6. In instances where such activities are allowed to be undertaken. Natural park. or permittee shall be allowed to transfer or convey his license agreement. and. lease or permit. Natural biotic areas. to the greatest extent possible of their natural conditions. consumed. license. For this purpose.

is amended to read as follows: SECTION. (SEC. AND FOR OTHER PURPOSES Strategic Environmental Plan. the Undersecretary for Special Concerns of the Department of Agriculture. pursuant to Section 11 of Executive Order No. the National Historical Institute and concerned local government units (LGUs) for specific caves.These areas. dated 18 May 1995. shall define a special kind of zonation to fulfill the material and cultural needs of the tribes using consultative processes and cultural mapping of the ancestral lands. local or foreign. Provided that bio prospecting activities conducted within the month of August 1997 shall require the clearances/endorsements from local community concerned and the necessary permits issued by appropriate agencies incorporating the appropriate provisions of E. These shall be treated in the same graded system of control and prohibition as in the others abovementioned except for strong emphasis in cultural considerations.O shall remain valid throughout the duration of the agreements. the Governor of Palawan. 1997 SUBJECT : Amendment of Section 15. Transitory Provisions. comprise both land and sea areas. AN ACT ADOPTING THE STRATEGIC ENVIRONMENT PLAN FOR PALAWAN. and shall serve to guide the local government of Palawan and the government agencies concerned in the formulation and implementation of plans. or any other government agency and any person/institution. Provided finally. the National Museum.The areas covered by the ECAN hall be classified into three (3) main components. 13) ADMINISTRATIVE MACHINERY FOR THE IMPLEMENTATION OF THE SEP The governance. DOH. CREATING THE ADMINISTRATIVE MACHINERY TO ITS IMPLEMENTATION. assess the implementation of the SEP.this area includes the whole coastline up to the open sea. It may be further subdivided into smaller management components. 7611 or the Strategic Environmental Plan for Palawan Act. CONVERTING THE PALAWAN INTEGRATED AREA DEVELOPMENT PROJECT OFFICE TO ITS SUPPORT STAFF.2 "The DENR. identify adverse environmental trends and crisis areas. hereinafter referred to as the Council. the Deputy Director General of the National Economic and Development Authority. . which shall be under the Office of the President. PROVIDING FUNDS THEREFOR. 247 and already incorporating applicable and appropriate provisions of the E. The SEP. DA. (SEC. Transitory Provisions of DAO 96-20. (Section 4) 8. further. subject to annual review by the IACBGR and revision.Implementing Agency The DENR shall be the lead agency tasked to implement the provisions of this Act in coordination with the Department of Tourism (DOT). the Palawan Council for Sustainable Development shall be the lead implementing agency pursuant to Republic Act No. 96-20 Also Known as the Implementing Rules and Regulations on the Prospecting of Biological and Genetic Resources This Order is promulgated in the interest of setting a definite timeframe for the negotiation and entry into force of Research Agreements for all bio prospecting research projects. Provided. programs and projects affecting said province. except that in the Province of Palawan. SEP shall establish an Environmental Monitoring and Evaluation System (EMES) which shall ensure a systematic and reliable means of data generation for the various concerns of the SEP. contracts or agreements. 15. .( SEC. hereinafter referred to as SEP. (2) Coastal/marine area . and suggest measures to make the SEP more responsible to the changing needs. TRANSITORY PROVISIONS 15.In order to monitor achievement of its goals. 97-27 July 31. 247. of Department Administrative Order No. traditionally occupied by cultural minorities. and such other members from the public or private sectors as the majority of the council may deem necessary. 15. if necessary. the Mayor of Puerto Princesa City. SUPPORT MECHANISM Environmental Monitoring and Evaluation System (EMES) . that existing agreements which took effect after the approval of E. also known as the Implementing Rules and Regulations on the prospecting of Biological and Genetic Resources. that 356 no bioprospecting activity shall be allowed without the required Academic or Commercial Research Agreement after 31 August 1997.A comprehensive framework for the sustainable development of Palawan compatible with protecting and enhancing the natural resources and endangered environment of the province is hereby adopted. implementation and policy direction of the Strategic Environmental Plan shall be exercised by the herein created Palawan Council for Sustainable Development (PCSD). the Executive Director of the Palawan council for Sustainable Development Staff as provided in Section 20 of this Act.O. (1) Terrestrial .the terrestrial component shall consist of the mountainous as well as ecologically important low hills and lowland areas of the whole province. the President of the Mayor's League of Palawan. (3) Tribal Ancestral lands . 8 ) .1 All existing contracts or agreements involving bio prospecting entered into by and between the DENR. DA or other government agencies authorized by law to grant permits to collect biological and generic materials shall immediately conduct a review of all existing collection permits issued prior to approval of DAO 96-20. It shall be composed of the Members of the House of the Representatives representing the province of Palawan. 4) Main Components. recommend solutions. that all permits involving bio prospecting researches/activities shall expire on 31 August 1997. the Undersecretary of Environment and Natural Resources. therefore. DOST. This is characterized by active fisheries and tourism activities. Such framework shall be known as the Strategic Environmental Plan for Palawan.DENR Administrative Order No. Section 15. the President of the Provincial Chapter of the Liga ng mga Barangay. Provided. (SEC. 247.O. It shall measure changes in environmental status. shall remain valid and effective until 31 August 1997 only. 16) 355 9.

PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLE. 7611. This Act shall also apply to exotic species which are subject to trade. APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Scope of Application. pasture. and which are necessary to ensure their economic. Right to Claim Parts of Reservations 8. all aquatic resources including but not limited to all fishes. Right in Case of Displacement 5. jurisdiction herein conferred is vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. burial grounds. and lands which may no longer be exclusively occupied by ICCs/IPs but from which their traditionally had access to for their subsistence and traditional activities. that permits issued by the DENR. families and clans who are members of the ICCs/IPs since time immemorial. (Section 11) 11. forests. communally or individually since time immemorial. * Section 56. Wildlife species may be exported to or imported from another country as may be authorized by the Secretary or the designated representative. including. swidden farms and tree lots. residential. Right to Develop Lands and Natural Resources 3. the proponent shall apply for an Academic or commercial Research Agreement. 10. rice terraces or paddies. deceit. stealth. b) Ancestral Lands . social and cultural welfare. coastal areas. waterbirds and all amphibians and dugong. continuously to the present except when interrupted by war. AND FOR OTHER PURPOSES Composition of Ancestral Lands/Domains. deceit. (Section 4) CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES General rule: No person or entity shall be allowed possession of wildlife Exception: unless such person or entity can prove financial and technical capability and facility to maintain said wildlife (Section 8) Exportation and/or Importation of Wildlife. as the case may be. occupied or possessed by ICCs/IPs. items (a) and (b) of this Act. otherwise known as the National Integrated Protected Areas System (NIPAS) Act.Subject to Section 56 hereof. to the present except when interrupted by war. corporations. revise and regularly update the list of species under their respective jurisdiction. agricultural. The Department of Agriculture (DA) shall have jurisdiction over all declared aquatic critical habitats. are cultured. residential lots. all turtles and tortoises and wetland species. CREATING A NATIONAL COMMISSION OF INDIGENOUS PEOPLE. worship areas. bodies of water. themselves or through their ancestors. 3. aquatic plants. or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations. under claims of individual or traditional group ownership. Existing Property Rights Regimes. shall be recognized and respected. but not limited to. (Section 6) a) Ancestral Domains . Right to Regulate Entry of Migrants 6. In the Province of Palawan. and other lands individually owned whether alienable and disposable or otherwise.The Department of Environment and Natural Resources (DENR) shall have jurisdiction over all terrestrial plant and animal species. AN ACT TO RECOGNIZE. possessed and utilized by individuals. refers to land occupied.inland waters.Thereafter. (Section 3) Jurisdiction of the Department of Environment and Natural Resources and the Department of Agriculture. held under a claim of ownership. mineral and other natural resources.Property rights within the ancestral domains already existing and/or vested upon effectivity of this Act. DA or any authorized government agency as part of existing agreements mentioned in Sentence 4 Section 15. force majeure or displacement by force.continuously. including but not limited to crocodiles. APPROPRIATING FUNDS THEREFOR. refer to all areas generally belonging to ICCs/IPs comprising lands. That the recipient of the wildlife is technically and financially capable to maintain it. and critical habitats. hunting grounds.Subject to Section 56 hereof. Rights to Ancestral Domains (Section 7): 1. invertebrates and all marine mammals. subject to strict compliance with the provisions of this Act and rules and regulations promulgated pursuant thereto: Provided. stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals. except dugong. . Provided further. Rights of Ownership 2.1 of this Order shall remain valid and effective for the period stated therein but not beyond 31 August 1998 and may be renewed upon recommendation by the IACBGR".Ancestral lands and domains shall consist of all areas generally belonging to ICCs/IPs as referred under Sec. Right to Safe and Clean Air and Water 7. including protected areas under Republic Act No. It shall include ancestral land. force majeure or displacement by force. private forests. . AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES AND THEIR HABITATS. particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators. 7586. Right to Stay in the Territories 4. and natural resources therein. by themselves or through their predecessors-in-interest. The secretaries of the DENR and the DA shall review. The provisions of this Act shall be enforceable for all wildlife species found in all areas of the country. Right to Resolve Conflict . and by joint administrative order. ESTABLISHING IMPLEMENTING MECHANISMS. . maintained and/or bred in captivity or propagated in the country.

the ICCs/IPs concerned shall have a decisive role in all the activities pertinent thereto. Self-delineation shall be guiding principle in the identification and delineation of ancestral domains. 6. Commission concerned National Commission on Indigenous Cultural Communities /Indigenous Peoples (NCCP). (Section 51) Delineation Process. Preparation of Maps .or is transferred for an unconscionable consideration or price. . but to which they have traditionally had access for their subsistence and traditional activities.to carry out the policies herein set forth. (Section 52) . d. and 10. The Government shall take the necessary steps to identify lands which the ICCs/IPs concerned traditionally occupy and guarantee effective protection of their rights of ownership and possession thereto. through its regional offices. Ancestral Domains Delineated Prior to this Act .A complete copy of the preliminary census and a report of . complete with technical descriptions. terraces and the like. there shall be created the National Commission on ICCs/IPs (NCIP). Pictures and descriptive histories of traditional landmarks such as mountains. if any. rivers. hills.The process of delineating a specific perimeter may be initiated by the NCIP with the consent of the ICC/IP concerned.On the basis of such investigation and the findings of fact based thereon. including pacts and agreements concerning boundaries entered into by the ICCs/IPs concerned with other ICCs/IPs. Report of Investigation and Other Documents . Delineation Paper . . 8. e. 2. however. Pictures and descriptive histories of traditional communal forests and hunting grounds. or through a Petition for Delineation filed with the NCIP. Historical accounts. Proof required .The official delineation of ancestral domain boundaries including census of all community members therein. Genealogical surveys. the Ancestral Domains Office of the NCIP shall prepare a perimeter map. c. b. burial grounds. f. series of 1993. Written accounts of the ICCs/IPs political structure and institution. For this purpose. and a description of the natural features and landmarks embraced therein. which certification shall be a condition precedent to the filing of a petition with the NCIP. Petition for Delineation . and other documents directly or indirectly attesting to the possession or occupation of the area since time immemorial by such ICCs/IPs in the concept of owners which shall be any one (1) of the following authentic documents: 1.The NCIP. 5. Anthropological data. a certification shall be issued by the Council of Elders/Leaders who participated in the attempt to settle the dispute that the same has not been resolved. shall have jurisdiction over all claims and disputes involving rights of ICCs/IPs. Right to transfer land/property 2. Written accounts of the ICCs/IPs customs and traditions.The identification and delineation of ancestral domains shall be done in accordance with the following procedures: a. Provided. As such. The Sworn Statement of the Elders as to the Scope of the territories and agreements/pacts made with neighboring ICCs/IPs.In cases where it is shown that the transfer of land/property rights by virtue of any agreement or devise. Write-ups of names and places derived from the native dialect of the community. the transferor ICC/IP shall have the right to redeem the same within a period not exceeding fifteen (15) years from the date of transfer. 7. will be essential to the determination of these traditional territories. by a majority of the members of the ICCs/IPs. (Section 38) Function(s): Jurisdiction of the NCIP.The provisions hereunder shall not apply to ancestral domains/lands already delineated according to DENR Administrative Order No. 2. to a non-member of the concerned ICCs/IPs is tainted by the vitiated consent of the ICCs/IPs. (Section 66) Delineation and Recognition of Ancestral Domains. Delineation will be done in coordination with the community concerned and shall at all times include genuine involvement and participation by the members of the communities concerned. That no such dispute shall be brought to the NCIP unless the parties have exhausted all remedies provided under their customary laws. 9. nor to ancestral lands and domains delineated under any other community/ancestral domain program prior to the enactment of his law. 3. ridges. sacred places and old villages. particularly of ICCs/IPs who are still nomadic and/or shifting cultivators. creeks.Rights to Ancestral Lands (Section 8) 1. shall be immediately undertaken by the Ancestral Domains Office upon filing of the application by the ICCs/IPs concerned. Survey plans and sketch maps. plans and programs to promote and protect the rights and well-being of the ICCs/IPs and the recognition of their ancestral domains as well as their rights thereto. 4.Proof of Ancestral Domain Claims shall include the testimony of elders or community under oath. ICCs/IPs enactment of this law shall have the right to apply for the issuance of a Certificate of Ancestral Domain Title (CADT) over the area without going through the process outlined hereunder. which shall be the primary government agency responsible for the formulation and implementation of policies. Pictures showing long term occupation such as those of old improvements. Right to Redemption. Measures shall be taken in appropriate cases to safeguard the rights of the ICCs/IPs concerned to land which may no longer be exclusively occupied by them.

plantation. DEVELOPMENT.A copy of each document. garden. (Sec. Issuance of CADT . (b) Public lands covered by existing mining rights which are not active mining areas. plant nursery. copy furnished all concerned. UTILIZATION. such as when there is a need to preserve strategic raw materials for industries critical to national development. h. m. 13. or certain minerals for scientific. and shall be published in a newspaper of general circulation once a week for two (2) consecutive weeks to allow other claimants to file opposition thereto within fifteen (15) days from the date of such publication: Provided. A ten per centum (10%) share of all royalties and revenues to be derived by the government from the development and utilization of the mineral resources within mineral reservations as provided under this Act shall accrue to the Mines and Geosciences Bureau to be allotted for special projects and other administrative expenses related to the . That in case of rejection. 7076 shall be given preferential right to apply for a small-scale mining agreement for a maximum aggregate area of twenty-five percent (25%) of such mineral reservation. AND CONSERVATION Mineral Reservations When the national interest so requires. designed to achieve an orderly. without prejudice to its full adjudication according to the selection below. further. That in cases where there are conflicting claims. and environmental connected with small-scale mining activities. cemetery or burial site.The NCIP shall register issued certificates of ancestral domain titles and certificates of ancestral lands titles before the Register of Deeds in the place where the property is situated. water reservoir or a separate parcel of land with an area of ten thousand square meters (10. 4) Future People's Small-scale Mining Areas. the Ancestral Domains Office shall cause the contending parties to meet and assist them in coming up with a preliminary resolution of the conflict. What is small-scale mining? "Small-scale mining" refers to mining activities which rely heavily on manual labor using simple implement and methods and do not use explosives or heavy mining equipment (Sec. The secretaries of the Department of Agrarian Reform. shall be prepared by the Ancestral Domains Office of the NCIP. That in areas where no such newspaper exists. and (c) Private lands. (Sec. That a small scale-mining cooperative covered by Republic Act No. Department of the Interior and Local Government. That mere posting shall be deemed sufficient if both newspaper and radio station are not available. and Department of Justice.The Chairperson of the NCIP shall certify that the area covered is an ancestral domain.ICCs/IPs whose ancestral domains have been officially delineated and determined by the NCIP shall be issued a CADT in the name of the community concerned. That the Ancestral Domains Office shall reject any claim that is deemed patently false or fraudulent after inspection and verification: Provided. j. i. and k. 12. Such notification shall terminate any legal basis for the jurisdiction previously claimed. AN ACT CREATING A PEOPLE'S SMALLSCALE MINING PROGRAM AND FOR OTHER PURPOSES. hereinafter called the Department. subject to valid existing mining/quarrying rights as provided under Section 112 Chapter XX hereof. AN ACT INSTITUTING A NEW SYSTEM OF MINERAL RESOURCES EXPLORATION. the Ancestral Domains Office shall give the applicant due notice. cultural or ecological value. in coordination with other concerned government agencies. g. the Ancestral Domains Office shall require the submission of additional evidence: Provided. the Commissioner of the National Development Corporation. A copy of the document shall also be posted at the local. stockyard.) or less. provincial and regional offices of the NCIP. Department of Environment and Natural Resources. and of the inspection process. except those with substantial improvements or in bona fide and regular use as a yard. economic. Registration of CADTs . Notice and Publication .Within fifteen (15) days from publication. further. 3) Department concerned For the purpose of carrying out the declared policy provided in Section 2 hereof. Turnover of Areas Within Ancestral Domains Managed by Other Government Agencies . subject to certain rights and conditions. 6) The following lands. when suitable for small-scale mining. broadcasting in a radio station will be a valid substitute: Provided.000 sq. technical. the Ancestral Domains Office shall prepare a report to the NCIP endorsing a favorable action upon a claim that is deemed to have sufficient proof. containing a list of all those identified in the census. and any other government agency claiming jurisdiction over the area shall be notified thereof. systematic and rational scheme for the small-scale development and utilization of mineral resources in certain mineral areas in order to address the social.investigation. may be declared by the Board as people's small scale mining areas: (a) Public lands not subject to any existing right. Mining operations in existing mineral reservations and such other reservations as may thereafter be established. However.) from such cemetery or burial site. Endorsement to NCIP . the President may establish mineral reservations upon the recommendation of the Director through the Secretary. The denial shall be appealable to the NCIP: Provided. shall be undertaken by the Department or through a contractor: Provided. All submerged lands within the contiguous zone and in the exclusive economic zone of the Philippines are hereby declared to be mineral reservations. there is hereby established a People's Small-scale Mining Program to be implemented by the Secretary of the Department of Environment and Natural Resources. if the proof is deemed insufficient. containing the grounds for denial. furthermore. including a translation in the native language of the ICCs/IPs concerned shall be posted in a prominent place therein for at least fifteen (15) days. or land situated within one hundred meters (100 m.

The Director may deputize. game refuge and bird sanctuaries as defined by law and in areas expressly prohibited under the National Integrated Protected Areas System (NIPAS) under Republic Act No. parks. c. Region XI. barangay. bridges. with the Environmental Management Bureau (EMB). (Philippine Environment Policy). Only agencies and instrumentalities of the NG. national parks provincial/municipal forests. People‘s organizations and non-governmental organizations shall be allowed and encouraged to participate in ensuring that contractors/permittees shall observe all the requirements of environmental protection. not being an agency or instrumentality of the NG. hence moot and academic.exploration and development of other mineral reservations mentioned in Section 6 hereof. Any conflict that may arise under this provision shall be heard and resolved by the panel of arbitrators. b. all mineral resources in public or private lands. In areas expressedly prohibited by law. waterways. said royalty forming a trust fund for the socioeconomic development of the community concerned. In areas covered by small-scale miners as defined by law unless with prior consent of the small-scale miners. The Director shall recommend to the Secretary the granting of mineral agreements to duly qualified persons and shall monitor the compliance by the contractor of the terms and conditions of the mineral agreements. when necessary. City of Davao Facts: Davao filed an application for a Certificate of NonCoverage (CNC) for its proposed project. archeological and historic sites. but the SC decided to still discuss issues to educate the bench and bar. in which case a royalty payment upon the utilization of minerals shall be agreed upon by the parties. any member or unit of the Philippine National Police. non-governmental and people‘s organizations and other concerned sectors of the community: Provided. 7586. and prior consultation with the local government units. PD 1151. through the EMB. 25. mossy forests. the Davao City Artica Sports Dome. The EMB denied the application after finding that the proposed project was within an environmentally critical area and ruled that. (Section 9) Areas Open to Mining Operations (Section 18) Subject to any existing rights or reservations and prior agreements of all parties. pursuant to Sec 2. mining. Davao filed a petition for mandamus and injunction with the RTC of Dava alleging that its proposed project was neither an environmentally critical project nor within an environmentally critical area. In areas covered by valid and existing mining rights. greenbelts. PD 1586 (Environmental Impact Statement System). shall be open to mineral agreements or financial or technical assistance agreement applications. mangrove forests. Hence. An LGU. cemeteries. including GOCCs. railroads. is deemed excluded under the principle of expressio unius est exclusio alterius. firms and entities are mandated to go through the EIA process for their proposed projects which have significant effect on the quality of the environment. The Bureau may confiscate surety. Near or under public or private buildings. metallurgical. dams or other infrastructure projects. LGU a body politic and corporate endowed with powers to be exercised by it in conformity with law. highways. Old growth or virgin forests. as well as private corporations. including timber or forestlands as defined in existing laws. Ruling: YES. In military and other government reservations. It performs dual functions: (1) Governmental functions are those that concern the health. thus outside the scope of the EIS system. (Section 5) Authority of the Bureau The Bureau (Mines and Geosciences Bureau under the Department of Environment and Natural Resources) shall have direct charge in the administration and disposition of mineral lands and mineral resources and shall undertake geological. Davao already expressed agreement that it must secure an ECC for proposed project. public or private works including plantations or valuable crops. reservoirs. and f. before it can proceed with the construction of its project. it was the ministerial duty of the DENR. MR: denied Issue: WON Davao is required to comply with the EIS law. except upon prior written clearance by the government agency concerned. Davao must undergo the environmental impact assessment (EIA) process to secure an Environmental Compliance Certificate (ECC). except upon written consent of the government agency or private entity concerned. series of 1992 and other laws. Davao cannot claim exemption from coverage of PD 1586. LGUs not required by PDs 1586 & 1511 to comply with the EIS law. an environmental clearance certificate shall be required based on an environmental impact assessment and procedures under the Philippine Environmental Impact Assessment System including Sections 26 and 27 of the Local Government Code of 1991 which require national government agencies to maintain ecological balance. d. duly registered non-governmental organization (NGO) or any qualified person to police all mining activities. safety and the advancement of the public good or welfare as affecting the public . Environmental Impact Assessment (EIA) Except during the exploration period of a mineral agreement or financial or technical assistance agreement or an exploration permit. e. RTC: for Davao. Areas Closed to Mining Applications (Section 19) Mineral agreement or financial or technical assistance agreement applications shall not be allowed: a. and other researches as well as geological and mineral exploration surveys. chemical. (Section 70) CASES: Republic v. That a completed ecological profile of the proposed mining area shall also constitute part of the environmental impact assessment. performance and guaranty bonds posted through an order to be promulgated by the Director. Department Administrative Order No. to issue a CNC in favor of respondent upon submission of the required documents. proclaimed watershed forest reserves. wilderness areas. in relation to Sec 4.

fishery. which are the twin goals of sustainable development. Moreover. 8975. on December 18. As a body politic endowed with governmental functions. in any manner. which lies outside the Manila RTC‘s territorial jurisdiction. 2003 DOCTRINE The jurisdiction of Regional Trial Courts to issue injunctive writs is limited to acts committed or about to be committed within their judicial region. forest or other natural resource development project of the government. Bangus Fry Fisherfolk vs Lanzanas july 10. stevedoring and arrastre contracts. an LGU has the duty to ensure the quality of the environment. They also asserted that the Manila RTC has no jurisdiction to enjoin theconstruction of the mooring facility in Oriental Mindoro. preliminary injunction. The LGUs. Presidential Decree No. i. *other issue: Davao must be granted ECC.‖ Obviously. the question of whether the Manila RTC has jurisdiction over the complaint considering that its injunctive writ is not enforceable in Oriental Mindoro is academic. reserves the power to issue such writs exclusively with this Court. or pursuing any lawful activity necessary for such execution.1818‖) prohibited courts from issuing injunctive writs against government infrastructure projects like the mooring facility in the present case. The transfer included mining claims held by Banahaw Mining in its own right as claim .1818‖) prohibited courts from issuing injunctive writs against government infrastructure projects FACTS On 30 June 1997. Banahaw Mining was issued a Mines Temporary Permit authorizing it to extract and dispose of precious minerals found within its mining claims since a portion of Banahaw Mining's mining claims was located in petitioner PICOP's logging concession in Agusan Del Sur. cannot therefore be deemed as outside the scope of the EIS system. or any public utilityoperated by the government. Sec 4 of PD 1586 clearly states that ―no person. claiming to be fisher folks from Minolo. be construed as a contractual undertaking assuring PICOP of exclusive possession and enjoyment of its concession areas. implementation or operation. or preliminary mandatory injunction in any case. which took effect on 26 November 2000. to prohibit any person or persons. The Sangguniang Bayan of Puerto Galera has declared MinoloCove. rendering the complaint without cause of action. LGUs are not excluded from the coverage of PD 1586. PICOP vs Base metals dec 6. 1996. This can only be possible if we adopt a comprehensive and integrated environmental protection program where all the sectors of the community are involved. in mutual recognition of each other's right to the area concerned. FACTS Central Mindanao Mining and Development Corporation entered into a Mines Operating Agreement with Banahaw Mining andDevelopment Corporation. 1818 (―PD No. On 21 July 1997. Such an interpretation would result in the complete abdication by the State in favor of PICOP of the sovereign power to control and supervise the exploration. 1818 and later under RA No. LGUs are juridical persons. neither the Manila RTC nor the Oriental Mindoro RTC canissue an injunctive writ to stop the construction of the mooring facility. While the MPSA were pending. ―Section 1. Sec 16 LGC: duty of the LGUs to promote the people‘s right to a balanced ecology. San Isidro. Banahaw Mining.e. Pursuant to the terms of the Agreement. or the operation of such public utility. Only this Court can do so under PD No. hence. 8975‖). respondents moved to dismiss the complaint.an eco-tourist zone. 2006 DOCTRINE The Presidential Warranty cannot. Undoubtedly therefore. sought reconsideration of the ECC issuance. for the cancellation of the ECC and for the issuance of a writ of injunction to stop the construction of the mooring facility. petitioner PICOP allowed Banahaw Mining an access/right of way to its mining claims Banahaw Mining thereafter converted its mining claims to applications for Mineral Production Sharing Agreements. Moreover. Thus. development and utilization of the natural resources in the area. Banahaw Mining and petitioner PICOP entered into a Memorandum of Agreement. State policy: achieve a balance between socio-economic development and environmental protection. issued an Environmental Clearance in favor of Respondent National Power Corporation (―NAPOCOR‖). These respondents claimed that petitioners failed to exhaust administrative remedies. a mangrove area and breeding ground for bangus fry. LGU is an agency of the NG (2) Proprietary functions are those that seek to obtain special corporate benefits or earn pecuniary profit and intended for private advantage and benefit. whereby. as part of the machinery of the government. Department of Environment and NaturalResources (―DENR‖). Presidential Decree No. it becomes the ministerial duty of the DENR to issue the CNC. Branch 7. which is the very same objective of PD 1586. The state and its political subdivisions. partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an ECC issued by the President or his duly authorized representative. No court in the Philippines shall have jurisdiction to issue any restraining order. 1818 and delineates more clearly the coverage of the prohibition. or continuing theexecution or implementation of any such project. dispute. ISSUE Whether or not the writ of preliminary injunction is proper Held: The jurisdiction of Regional Trial Courts to issue injunctive writs is limited to acts committed or about to be committed within their judicial region. Republic Act No. 1818 (―PD No. On April 29. before filing their answers. Banahaw Mining filed applications for Mining Lease Contracts over the mining claims with the Bureau of Mines.. superseded PD No. petitioners filed a complaint with the Regional Trial Court of Manila. the government and the private sectors. LGU agent of the community in the administration of local affairs. entity or governmental official from proceeding with. and provides penalties for its violation. decided to sell/assign its rights and interests over thirty-seven mining claims in favor of private respondent Base Metals Mineral Resources Corporation (Base Metals for brevity).‖ The CC defines a person as either natural or juridical. 1988. including among others public utilities for the transport of the goods or commodities. or a mining. however. denied petitioners‘ plea on 15 July1997.Director Principe. 8975 (―RA No. Petitioners. On 28 August 1997. Puerto Galera.generally. or controversy involving gan infrastructure project. it has duly proven thatthe dome will not be constructed in an environmentally critical area.

collected. 158182. and remove timber in its concession area. AUGUSTUS L. However. THE APPROVAL OF THE APPLICATION AND ISSUANCE OF THE MPSA OF BASE METALS WILL VIOLATE THE CONSTITUTIONAL MANDATE AGAINST IMPAIRMENT OF OBLIGATION IN A CONTRACT The Court of Appeals upheld the decision of the MAB. collect[ing] and remov[ing]" a lone narra tree inside a private land in Mayod. or removing of timber or other forest products from any forest land without any authority. gathering. Gathering and/or Collecting Timber. Branch 81 (trial court) with violation of Section 68 of PD 705. XIII an Adverse Claim and/or Opposition to private respondent Base Metals' application on the following grounds: I. Merida (G. gathering. or corporations. collect. 1997. gathering. Sec. gathered. OMIPON. Marcos merely confirmed the timber license granted to PICOP and warranted the latter's peaceful and adequate possession and enjoyment of its concession areas. occurring within the concession. the government would have effectively surrendered its police power to control and supervise the exploration. ruling that the Presidential Warranty of September 25. this power is in relation to the administrative jurisdiction of the DENR. An examination of the Presidential Warranty at once reveals that it simply reassures PICOP of the government's commitment to uphold the terms and conditions of its timber license and guarantees PICOP's peaceful and adequate possession and enjoyment of the areas which are the basic sources of raw materials for its wood processing complex. eight (8) months and one (1) day to twenty (20) years of reclusion temporal and ordered the seized lumber forfeited in Tansiongco's favor. CMMCI. without any authority. ISSUE W/n sec 28 of PD 705 prohibiting the cutting gathering and collecting of timber and other forest products apply to Petitioner. the trial court held petitioner liable for violation of Section 68 of PD 705. Respondent "Complainant is correct in pointing out that based on Pres. If that were so.R. or Other Forest Products without License. as claim owner. occupation and exploration of the concession areas covered. collect. ISSUE: W/n the impairment of contracts apply? HELD No.owner. immediately approved the assignment made by Banahaw Mining in favor of private respondent Base Metals. or removing of timberfrom alienable or disposable public land. The Presidential Warranty cannot. removed. provides: SECTION 68. With this finding and petitioner's lack of DENR permit to cut the tree. development and utilization of the country's natural resources. Cutting. The court shall further order the confiscation in favor of the government of the timber or any forest products cut. Tansiongco (Tansiongco) claims ownership The RTC handed judgment rapidly. as amended. Romblon (Mayod Property) over which private complainant Oscar M. shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided. the officers who ordered the cutting. (2) the cutting. thereby recognizing private respondent Base Metals as the new operator of its claims. June 12. be deported without further proceedings on the part of the Commission on Immigration and Deportation. implements and tools illegally used in the area where the timber or forest products are found. Thus. or possessed as well as the machinery. Section 68 penalizes three categories of acts: (1) the cutting. the Supreme Court ruled that cutting a tree in private land for timber without a permit from the DENR was punishable under this provision. gather. associations. equipment. one of the 12 acts penalized under PD 705. The Presidential Warranty did not convert PICOP's timber license into a contract because it did not create any obligation on the part of the government in favor of PICOP. the non-impairment clause finds no application. or possess timber or other forest products without the legal documents as required under existing forest laws and regulations. Upon being informed of the development. Caraga Regional Office No. development and utilization of the natural resources in the area. Order No. No. collecting. The guaranty is merely a collateral inducement. That in the case of partnerships. petitioner PICOP filed with the Mines Geo-Sciences Bureau (MGB). In its Decision dated 24 November 2000. Decree No. On November 18. for "cut [ting]. as well as those covered by its mining operating agreement with CMMCI. or from private land without any authority and (3) the possession of timber or other forest products without the legal documents. Romblon. Merida vs People June 12 2008 DOCTRINE In People v. as amended. . as amended. the trial court found petitioner guilty as charged. collecting. in any manner. The trial court dismissed petitioner's defense of denial in view of his repeated extrajudicial admissions that he cut the narra tree in the Mayod Property with Calix's permission. remove timber or other forest products from any forest land. and if such officers are aliens. Magdiwang. the DENR Secretary or his duly authorized representative has the power to confiscate any illegally obtained or gathered forest products and all conveyances used in the commission of the offense and to dispose of the same in accordance with pertinent laws. Such an interpretation would result in the complete abdication by the State in favor of PICOP of the sovereign power to control and supervise the exploration. HELD Petitioner is Liable for Cutting Timber in Private Property without Permit Section 68. 1968 issued by then President Ferdinand E. as complainant himself likewise pointed out. sentenced him to fourteen (14) years. in addition to the penalty. or from private land. 2008). be construed as a contractual undertaking assuring PICOP of exclusive possession and enjoyment of its concession areas. gather[ing]. The warranty covers only the right to cut. or Timber from alienable or disposable public land. they shall. collection or possession shall be liable. MOMONGAN. FACTS The government hailed Petitioner before the Regional Trial Court of Romblon. Ipil. Neither did the Presidential Warranty grant PICOP the exclusive possession. 68-A and Adm. Petitioner versus JUDGE RAFAEL B. such as mineral resources. It was only given upon the request of the Board of Investments to establish the boundaries of PICOP's timber license agreement. Any person who shall cut. 705. and does not extend to the utilization of other resources. 59.

subject to the approval of the Secretary of Finance." Moreover. The only subject of this incentive is a ban against importation of wood. is clearly an interference with the exclusive jurisdiction of the Bureau of Customs over seizure and forfeiture cases. "to seek redress of its right which has been clearly violated by the importation of safety matches ." Naturally. the exclusive original jurisdiction over seizure and forfeiture cases and. . and direct recourse of petitioner to the Regional Trial Court to compel the Commissioner of Customs to enforce the ban is devoid of any legal basis. (Which) is a denial to the petitioner of the protection and incentive granted it by Section 36 (l) of the Forestry Code . The Commissioner of Customs has the power to "promulgate all rules and regulations necessary to enforce the provisions of this (Tariff and Customs) Code . from the time the seizure was made before a complaint was filed. Order No. . No doubt. Southern Leyte. 59. Under Sec. 89-48836. The enforcement of the importation ban under Sec. wood products or woodderivated products which is to be enforced by the Bureau of Customs since it has.'"Petitioner is of the opinion that under the circumstances. Section 12 thereof categorically states that '[t]he confiscation of the conveyance under these regulations shall be without prejudice to any criminal action which shall be filed. resort to the courts is warranted. There being no mandatory duty on the part of respondent Judge to turn over the truck. Southern Leyte for appropriate disposition. FACTS In the extrant case. Decree No. the apprehending policemen had enough time to turn over the logs and the truck to the nearest DENR field office for proper action and disposition since the duty to turn over the truck to the nearest DENR field office rests on the officials apprehending the illegal logs. 705 and Adm. Now it follows that to allow the regular court to direct the Commissioner to impound the imported matches. . . Order No. PTFI claims that what was brought before the trial court was a civil case for injunction. The confiscation proceedings under Adm."We do not find that when respondent Judge released the truck after he conducted the preliminary investigation and satisfied himself that there was no reason to continue keeping the truck. . he should not be visited with disciplinary sanction when he did not refer the same to the DENR field office in San Juan. PTFI seeks to set aside the 8 February 1990 order of respondent court and prays for the continuation of the hearing in Civil Case No. par. this would have simplified matters and prevented the present situation from occurring wherein one government official files a complaint against another.. During this period. in fact. Provident tree farms vs Batario mar 28 1994 DOCTRINE: Cases before the BOC must be fully fleshed out before it prior to elevating the issues to a regular court in keeping with the exhaustion of administrative remedies. PTFI asserts the inapplicability of the procedures outlined in R. 36. . an usurpation of the prerogative and an encroachment on the jurisdiction of the Bureau of Customs. if the apprehension is not made by DENR field offices. under the Tariff and Customs Code. . the reliefs directed against the Bureau of Customs as well as the prayer for injunction against importation of matches by private respondent AJIC may not be granted without the court arrogating upon itself the exclusive jurisdiction of the Bureau of Customs. . for the purpose of securing compliance with Sec. it is the duty of the Collector of Customs to exercise jurisdiction over prohibited importations. ownership is not an element of the crime. which is an additional penalty imposed in the event of conviction.e. does not at all diminish the jurisdiction of the Bureau of Customs over the subject matter. 1995. An order of a judge to impound. . (l). 59. deputized military personnel and officials of other agencies apprehending illegal logs and other forest products and their conveyances shall notify the nearest DENR field offices and turn over said forest products and conveyances for proper action and disposition. if true. PTFI's correspondence with the Bureau of Customs contesting the legality of match importations may already take the nature of an administrative proceeding the pendency of which would preclude the court from interfering with it under the doctrine of primary jurisdiction.A. as petitioner insisted. citing Commissioner of Customs v. i. seize or forfeit must inevitably be based on his determination and declaration of the invalidity of the importation. 4 of Adm. Alikpala Petitioner asserts his complaint on a statutory privilege or incentive granted under Sec. hence. of the Revised Forestry Code. 36 (l) of the Forestry Code and for damages. (w) here the statute does not require any particular method of procedure to be followed by an administrative agency. respondent Judge should have turned over the truck to the Community Environment and Natural Resources Office (CENRO) of San Juan. (l). Order No. of the Revised Forestry Code is within the exclusive realm of the Bureau of Customs. "restraining the entry of safety matches into the country . the truck can be seized again either by filing a motion for reinvestigation and motion to include the truck owner/driver as co-accused. People vs CFI Feb 13 1992 DOCTRINE: Mere possession of lumber is punishable. 1125 relative to incidents before the Court of Tax Appeals because the instant action is not a protest case where the aggrieved party is not an importer. it has been held that ". par. ISSUE W/n the BOC holds jurisdiction in the matter of wood product importation HELD Petitioner‘s position is inconceivable! The claim of petitioner that no procedure is outlined for the enforcement of the import ban under the Tariff and Customs Code. which complainant has done as manifested before the lower-court or by enforcing Adm. Despite the order of release. No. Order No. . . A period of about two weeks lapsed. . he violated Pres. 59. against the owner thereof or any person who used the conveyance in the commission of the offense. The enforcement of statutory rights is not foreclosed by the absence of a statutory procedure. In other words. It then argues that since it could not avail of the remedies afforded by the Tariff and Customs Code." But over and above the foregoing. . the agency may adopt any reasonable method to carry out its functions. 596 is different from the confiscation under the Revised Penal Code. The release of the truck did not render nugatory the administrative authority of the DENR Secretary.‖ March 23. . 36.

August 30. 1988.205. unlawfully and feloniously enter the privately-owned land of one Felicitacion Pujalte. gather. the information substantially alleged all the elements of the crime of qualified theft of logs as described in Section 68 of P. consisting of about 541. defined and punished under Section 68 of Presidential Decree No. People v. Sergio Guzman filed with the Department of Environment and Natural Resources (DENR) an application to cut down 14 dead Benguet pine trees within the Teachers‘ Camp in Baguio City.D. otherwise known as the Revised Forestry Code of the Philippines. 2009 Facts On behalf of Teachers‘ Camp." Nevertheless. 103 Phil." Since only the state can grant the lease. gathering and/or collecting timber or other products without license. 705 The SC thereby granted the position and reversed the trial court‘s order of dismissing the information. lease license or permit. illegally cut. without the consent of the said owner and without any authority under a license agreement. the above-named accused. The trial court erred in dismissing the case on the ground of lack of jurisdiction over the subject matter because the information was filed not pursuant to the complaint of any forest officer as prescribed in Section 80 of P. take. Sabado T. at Barangay Mahabang Lalim. L-55132. or permit granted by the state. Executive Director of the DENR. meet the essential elements of the offense defined in the law (People v. ISSUE W/N the theft of logs was committed in contravention of PD 705 HELD The SCs agrees with the petitioner. Batcagan. and 5.D. license agreement or permit for utilization of forest resources. 2 [a] Rules of Court). conducted an inspection of the trees to be cut. Macario Prudente. sixty (60) logs of different species. shall be guilty of qualified theft as defined and punished under Articles 309 and 310 of the Revised Penal Code. . On the first issue. before the issuance of the permit. take. contrary to the allegation of the private respondents and the opinion of the trial court. 29th and 30th days of July 1976. lease. The elements of the crime of qualified theft of logs are: 1) that the accused cut. collecting or removing was without authority under a license agreement. That the cut timber shall be utilized as lumber and fuel-wood by the permittee. Segovia. Philippines. conspiring and confederating together and mutually helping one another. and within the jurisdiction of this Honorable Court. Sec. license. Sec. the People alleged that. Cutting.O. 3. license. the permittee shall plant one hundred forty (140) pine seedlings in an appropriate place within the area. with total value of FIFTY THOUSAND TWO HUNDRED FIVE PESOS and FIFTY TWO CENTAVOS (P50. lease. Thus. No. without the consent of said owner and without any authority under a license agreement. license or permit.52) including government charges. Province of Quezon. When an accused invokes in a motion to quash the ground that the facts charged do not constitute an offense (Rule 117. 705. were to be used for the repairs of Teachers‘ Camp. collect or remove timber or other forest products from any forest land.D. sixty (60) logs of different species. 68. lease. said information expressly stated that the accused "illegally cut. This PERMIT is non-transferable and shall expire ten (10) days from issuance hereof or as soon as the herein authorized volume is exhausted whichever comes first. did then and there willfully. . the first-named accused being the administrator of the Infanta Logging Corporation. issued a permit allowing the cutting of 14 trees under the following terms and conditions: 2. 705.— Any person who shall cut. in information which read: That on or about the 28th. steal and carry away there from. and once inside. license or permit. That non-compliance with any of the above conditions or violations of forestry laws and regulations shall render this permit null and void without prejudice to the imposition of penalties in accordance with existing laws and regulations. Violation of any of the conditions set hereof is punishable under Section 68 of PD 705 as amended by E. In the absence of plantable area in the property. The trees. gathering. 2) that the timber or other forest products cut. lease. the sufficiency of the Information hinges on the question of whether the facts alleged. the failure of the information to allege the true owner of the forest products is not material. is tantamount to alleging that the taking of the logs was without the consent of the state. gathered. Godofredo Arrozal and Luis Flores. with intent to gain. Aquino vs People of the Philippines July 27. steal and carry away therefrom. While it was admitted that the information did not precisely allege that the taking of the logs in question was "without the consent of the state. and 3) that the cutting. . lease. then the allegation in the information that the asportation of the logs was "without any authority" under a license agreement. Ownership is not an essential element of the offense as defined in Section 60 of P. it was sufficient that it alleged that the taking was without any authority or license from the government. 165 SCRA 57).FACTS Charges were levied against private respondents for the crime of qualified theft of logs. including timber.[4] . if hypothetically admitted. without any authority under a license agreement. 4. or from private lands. titled in the name of her deceased father. license or permit. a team composed of members from the Community Environment and Natural Resources Office (CENRO) and Michael Cuteng (Cuteng). 6026. No. Abad. collected or removed belongs to the government or to any private individual. Thereafter. which had a total volume of 13. On 19 May 1993.37 cubic meters. gather.48 cubic meters. . together with twenty (20) other John Does whose identities are still unknown. . gathered. or timber from alienable or disposable public lands. 705. a forest ranger of the Forest Section of the Office of the City Architect and Parks Superintendent of Baguio City. 1162 [1958]. As replacement. 277. Municipality of General Nakar. gather. to the damage and prejudice of the said owner in the aforesaid amount. Series of 1987. under Original Certificate of Title No. . the same is required to plant within forest area duly designated by CENRO concerned which shall be properly maintained and protected to ensure/enhance growth and development of the planted seedlings. collected or removed timber or other forest products.

collecting and removing timber or other forest products from any forest land. collected or removed the pine trees within the contemplation of Section 68 of PD 705. or corporation who ordered the cutting. WHEREFORE. Petitioner could not likewise be convicted of conspiracy to commit the offense because all his co-accused were acquitted of the charges against them. be deported without further proceedings on the part of the Commission on Immigration and Deportation. Cuteng. Nacatab. They proceeded to the site where they found Ernesto Aquino (petitioner).25. and slabs that were seen inside the lumberyard of the petitioner in Valenzuela. or from private land without any authority. that in the case of partnerships. He was not the one who cut. or timber from alienable or disposable public land. 705[5] (PD 705) was filed against petitioner. Masing. the team members saw coming out from the lumberyard the petitioner's truck. gather. The Solicitor General alleges that the petition should be denied because petitioner only raises questions of facts and not questions of law. gather. without any authority.[13] The provision clearly punishes anyone who shall cut. 17534. this could only make petitioner administratively liable for his acts. associations. As the Court of Appeals ruled. gathering. There are two distinct and separate offenses punished under Section 68 of PD 705. Timber is the punishable act FACTS The authorities got wind of a suspicious stockpile of narra flitches. or from private land. The Ruling of this Court The petition has merit. Pablo Guinawan. 705. Section 68 of PD 705 provides: Section 68. association. and the forest charges were P11. a forest ranger from CENRO. Antonio Abellera. or corporations. the SAID organized a team of foresters and policemen and sent it to conduct surveillance at the said lumberyard.20. gathered. and Santiago. they shall. Moises Sobrepeña. collection or possession shall be liable. They also found sawyers Benedicto Santiago (Santiago) and Mike Masing (Masing) on the site. The market value of the trees cut without permit was P182. Issue The only issue in this case is whether petitioner is guilty beyond reasonable doubt of violation of Section 68 of PD 705. petitioner could have informed his superiors if he was really intimidated by Santiago. CCK-322.[11] The resolution of the issue must rest solely on what the law provides on the given set of circumstances. We SET ASIDE the 5 June 1997 Decision and 24 September 2004 Resolution of the Court of Appeals in CA-G. During the sting operation. Forest Rangers Ramil Windo. and Forester Paul Apilis received information that pine trees were being cut at Teachers‘ Camp without proper authority.R. collect or remove timber or other forest products from any forest land. petitioner was charged by CENRO to supervise the implementation of the permit. we GRANT the petition. A question of law arises when there is doubt as to what the law is on a certain state of facts.833. who were also supervising the cutting of the trees.On 23 July 1993. Petitioner Ernesto Aquino is ACQUITTED of the charge of violation of Section 68 of Presidential Decree No. or timber from alienable or disposable public land. the same must not involve an examination of the probative value of the evidence presented by the litigants. In this case. shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided. gathering. the officers who ordered the cutting. Gathering and/or Collecting Timber or Other Forest Products Without License. or possess timber or other forest products without the legal documents as required under existing forest laws and regulations. Cutting. Petitioner may have been remiss in his duties when he failed to restrain the sawyers from cutting trees more than what was covered by the permit. with Plate No. collect. The volume of the trees cut with permit was 13. Mustang Lumber vs CA June 18. Neither could petitioner be liable under the last paragraph of Section 68 of PD 705 as he is not an officer of a partnership. the team seized the truck together with its cargo and impounded them at the DENR compound at Visayas Avenue. while there is a question of fact when the doubt arises as to the truth or falsity of the alleged facts. CR No. shorts. out of which only 12 were covered by the permit.[10] For questions to be one of law. or collection. Metro Manila.447. Since the driver could not produce the required invoices and transport documents. Daniel Salamo. We do not agree. without any authority. An Information for violation of Section 68 of Presidential Decree No.58 cubic meters while the volume of the trees cut without permit was 16. The forest rangers found 23 tree stumps. It is not enough to convict him under Section 68 of PD 705. petitioner challenges his conviction under Section 68 of PD 705.-Any person who shall cut. and Cuteng supervising the cutting of the trees. or from private land. gathering. in addition to the penalty. The team was not able to gain entry into the premises because of the refusal of the owner. remove timber or other forest products from any forest land. If at all. Readily.[12] In this case. Quezon City. and if such officers are aliens. He was not in possession of the cut trees because the lumber was used by Teachers‘ Camp for repairs. 1996 DOCTRINE: Possession of lumber is not a crime under PD 705. or timber from alienable or disposable public land. loaded with lauan and almaciga lumber of assorted sizes and dimensions. or is in possession of the pine trees. .55 cubic meters. together with Clemente Salinas (Salinas) and Andrew Nacatab (Nacatab). to wit:(1) Cutting. and (2) Possession of timber or other forest products without the legal documents required under existing forest laws and regulations.

an employee of A & E Construction. No. were owned by Petitioner Alejandro Tan. assisted by counsel. Respondent Judge granted the motion reasoning that the subject matter of the information in the CRIMINAL CASE is LUMBER. 1987 issued by the Bureau of Internal Revenue office in Romblon. one of the licensed lumber dealers in the island. and matters aliunde will not be considered. The Issues . were also charged for the same violation in connection with the October 30. presented to the forest guards. testified that the seized pieces of lumber were bought by Tan‘s Cajidiocan Trading. possession thereof without the required legal documents is not prohibited and penalized under the said section. however. 1990.‖ In another Information.[9] The cases were thence jointly tried.00. at around 6:30 o‘clock in the evening. as amended.m. conspiring. unlawfully and feloniously have in their possession and under their custody and control 13 pieces narra lumber about 171 board feet and 41 pieces tanguile lumber about 834 board feet valued at P8. is not penalized in Section 68 of P. this time in Barangay Cambajao. for possession of lumber. together with Ismael Ramilo. NRD-4-092590-0469 and directing the petitioner to explain in writing within fifteen days why its lumber-dealer's permit should not be cancelled. as amended by EO No. Both motor vehicles. did then and there willfully. Philippine currency. the said accused. a search of a moving vehicle The trial court. accused Ri Chuy Po filed in the CRIMINAL CASE a Motion to Quash and/or to Suspend Proceedings based on the following grounds: (a) the information does not charge an offense. Section 3. Prisco Marin. about 6:30 p. and even granting arguendo that lumber falls within the purview of the said section. on either of the two occasions. and hence. In both instances. On the same date. was submitted. and within the jurisdiction of this Honorable Court. caretaker and timekeeper of A & E Construction. On 7 July 1991. and (b) Civil Case No. the same may not be used in evidence against him for they were taken by virtue of an illegal seizure. Sibuyan Island. Romblon. from Matzhou Development Corporation (―Matzhou‖) which thus delivered to the former Auxiliary Invoice No. The truck was driven by Petitioner Fred Moreno. which is neither "timber" nor "other forest product" under Section 68 of P. No. where he was shown the auxiliary invoice covering the subject. about 8:00 p. He added that he had inspected the lumber in question in the compound of A & E Construction or Cajidiocan Trading. inter alia. upon demand. Section 6. Forest Guards Panadero and Rabino apprehended another dump truck with Plate No. that the information state the acts or omissions complained of as constituting the offense. all the accused.. Tan vs people of the Philippines The Facts On October 26. set aside Secretary Factoran's order of 3 May 1990 ordering the confiscation of the seized articles in favor of the Government for the reason that since the articles were seized pursuant to the search warrant issued by Executive Judge Osorio they should have been returned to him in compliance with the directive in the warrant. Under paragraph (a). in the Poblacion. confederating and mutually helping one another. the FIRST CIVIL CASE. which involves the legality of the seizure. 1990. as opposed to timber . The situation fell under one of the settled and accepted exceptions where warrantless search and seizure is justified. pursuant to Section 14. It has been said that "the test for the correctness of this ground is the sufficiency of the averments in the information. each pleaded not guilty.m. if hypothetically admitted. as well as the construction firm. 705. municipality of Cajidiocan. On April 26. that is. raises a prejudicial question ISSUE: Whether the complaint charges an offense HELD No. 277.D. papers or documents showing legal possession of the lumber." Anent the sufficiency of the information. as amended. None. 1989. on October 30. In resolving the said case. 90-53648 of Branch 35 of the RTC of Manila.724. Additionally. were charged by First Assistant Provincial Prosecutor Felix R. constitute the elements of the offense. counsel for the petitioner sent another letter to Robles informing the latter that the petitioner had already secured the required documents and was ready to submit them. Said truck was driven by Crispin Cabudol. DEK-646 loaded with tanguile lumber.[8] Tan and Ramilo. information may be quashed on the ground that the facts alleged therein do not constitute an offense. no documents showing legal possession of the lumber were. Rule 110 of the Rules of Court requires. who claimed to have been the officer-in-charge (OIC) of the Bureau of Forest Development of Sibuyan. the director of forestry had granted Matzhou a Tree Recovery Permit covering the entire island of Sibuyan. with intent of gain and without the legal documents as required under existing forest laws and regulations. 324-V-91 on the ground that it does not charge an offense.[10] During the trial. Tan and Moreno. According to Marin. the defense did not contest the above factual circumstances except to deny that the forest guards demanded. 1989. together with Crispin Cabudol. in an Information[7] which reads: ―That on or about the 26th day of October. 1989.. which was moving out from the petitioner's lumberyard in Valenzuela. 1989 incident. Rule 119 of the Rules of Court. The petitioner proposed to quash the information in Criminal Case No. the trial court held that the warrantless search and seizure on 1 April 1990 of the petitioner's truck. then pending before the Court of Appeals. 763850[11] dated March 19. Secretary Factoran issued an order suspending immediately the petitioner's lumber-dealer's permit No. province of Romblon.D. whether the facts alleged.[6] PD No. Metro Manila. also an employee of A & E Construction. Philippines. Rule 117 of the Rules of Court. thus.On 23 April 1990. On March 16. to the damage and prejudice of the government in the aforestated amount. Rocero with violation of Section 68. in the town proper of Cajidiocan. 705. loaded with large volumes of lumber without covering document showing the legitimacy of its source or origin did not offend the constitutional mandate that search and seizure must be supported by a valid warrant. the pieces of lumber were confiscated. Forest Guards Joseph Panadero and Eduardo Rabino intercepted a dump truck loaded with narra and white lauan lumber. were arraigned on the basis of the aforementioned Informations. however. Again. 705. viz .

in addition to the penalty. associations or corporations. Besides. among others. however. the review of which is not within the ambit of this Court‘s functions. and even grass. gathered.[23] Main Issue: Under PD 705 and EO 277. particularly in this case where the findings of the trial court were affirmed by the appellate court and where petitioners failed to show any misappreciation of the evidence presented. removed. bark.[24] in which this Court expressly ruled that ―lumber is included in the term timber. words and phrases used in a statute should be given their plain. honey. remove timber or other forest products from any forest land. the inclusion of any of these enumerated items in EO 277 ―is absolutely of no concern‖ to petitioners. the officers who ordered the cutting. lumber is a processed log or timber. or other Forest Products Without License. Many of the errors raised. . involve factual questions. shrub. or possessed. No. E. makes no distinction between raw or processed timber. as amended. Clearly. Cutting. The question of whether lumber is excluded from the coverage of Section 68 of PD 705. the latter is found in paragraph (aa) of the same section in the definition of ‗Processing plant. as amended. gathering. without license. plywood.‖ thus. gather. therefore. Ubi lex non distinguit nec nos distinguire debemus. without compliance with established grading rules and standards. vs. we shall rule on the following legal issues: (1) the constitutionality of Section 68 of EO 277.[20] We shall therefore limit our review only to questions of law. Gathering and/or Collecting Timber. 705. Section 68 of P. lumber is not timber or a forest product. As expressly defined under Section 3(q) of PD 705.Any person who shall cut. The Court‘s Ruling The petition is not meritorious. 68. They are not asserting a legal right for which they are entitled to a judicial determination at this time. or timber from alienable or disposable public land. courts should not construe lumber as timber. paper or other finished wood products. In the 1993 copyright edition of Webster‘s Third New International Dictionary. as ‗timber or logs after being prepared for the market. Accordingly. is prohibited.‖ Petitioners aver that the above provision is violative of substantive due process. machine or combination of machine used for the processing of logs and other forest raw materials into lumber.[22] A statute is always presumed to be constitutional. paper board. shrub. and one who attacks it on the ground of unconstitutionality must convincingly prove its invalidity.‘ Simply put.‖[26] . Inc. they shall. The Court shall further order the confiscation in favor of the government of the timber or any forest products cut. 68. includes. As explicitly provided in Section 68 of both PD 705 and EO 277 (the law that amended the former). veneer. as amended.‖[25] We quote at length the Court‘s discussion: ―The Revised Forestry Code contains no definition of either timber or lumber. collect. as well as the machinery.‘ which reads: (aa) Processing plant is any mechanical set-up. beeswax. ‗the associated water‘ or fish‖ and penalizes failure to present such required documents. ‗the associated water‘ or fish. That in the case of partnerships. as amended. pulp. honey. 277 The impugned legal provision reads: ―Sec. the Code uses the term lumber in its ordinary or common usage. shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided. One of the essential requisites for a successful judicial inquiry into the constitutionality of a law is the existence of an actual case or controversy involving a conflict of legal rights susceptible of judicial determination.D. It is settled that in the absence of legislative intent to the contrary. they did not present any convincing evidence of a clear and unequivocal breach of the Constitution that would justify the nullification of said provision. wallboard. has been settled in Mustang Lumber. equipment. While the former is included in forest products as defined in paragraph (q) of Section 3. Is Lumber Considered Timber or Forest Product? Petitioners contend that possession of manufactured lumber is not punishable under the Forestry Reform Code. or from private land without any authority. under Section 3(q) of PD 705. And insofar as possession of timber without the required legal documents is concerned. lumber is defined. bark. This simply means that lumber is a processed log or processed forest raw material. blackboard. or possess timber or other forest products without the legal documents as required under existing forest laws and regulations. beeswax. collecting and/or possession. Neither do we. of timber and other forest products are prohibited. inter alia. and common usage meaning. Petitioners submit that the forest laws and regulations sufficiently differentiate between timber and lumber. implements and tools illegally used in the area where the timber or forest products are found. collection or possession shall be liable and if such officers are aliens. ―firewood. (2) the treatment by the lower courts of lumber as timber and/or forest product within the contemplation of PD 705. Preliminary Issue: Constitutionality of Sec. collected. Court of Appeals. and even grass. It is only in Section 79 of the same law where the sale of lumber.O. be deported without further proceedings on the part of the Commission on Immigration and Deportation. because it requires the possession of certain legal documents to justify ―mere possession‖ of forest products which. ordinary. petitioners were not ―charged with the [unlawful] possession of ‗firewood.Petitioners now ask this Court to likewise pass upon their foregoing submissions. flowering plant. gathering. and (3) the alleged retroactive application of EO 277.[21] As Respondent Court of Appeals correctly pointed out. only the cutting.

EO 277. is manufactured timber. and took effect fifteen days after publication. the phrase ‗forest products‘ is broad enough to encompass lumber which. we find no error in the holding of both lower courts. the petition is DENIED for utter lack of merit. The questioned Decision of the Court of Appeals is hereby AFFIRMED. or more than two and a half years prior to the apprehension and seizure that gave rise to this case. No evidence was presented to overcome this veritable doubt. x x x After all. as evidenced by the auxiliary invoice. It was only during the course of the trial. Petitioners‘ unlawful possession of the subject lumber occurred in October 1989. (4) tally sheet. the supposed sale of the subject lumber by Matzhou to Cajidiocan Trading. Vergara. in turn. to mention lumber in the aforesaid section would simply result in tautology. to reiterate.[31] WHEREFORE.[30] None of these documents were proffered in court or elsewhere. as amended. Costs against petitioners. In addition. (3) delivery receipt.Mustang was recently reiterated in Lalican vs. assuming that indeed they were the very same lumber.‖ Indeed. Clearly. that the alleged ownership thereof by Cajidiocan Trading was brought out. which specifically included ―possession‖ of timber and other forest products within the contemplation of PD 705. while the amendatory law was issued only on July 25. owned by Petitioner Tan. petitioners are liable for violation of Section 68 of the Forestry Reform Code. Second. and (5) certificate of transport agreement. . occurred in March 1987. had already been issued and in effect more than two years previous thereto. 1987. under American jurisprudence. Petitioner Ramilo and the drivers openly claimed that the lumber and the trucks belonged to A & E Construction which was. In fact. through the testimony of Prisco Marin (characterized by the appellate court as ―anything but credible‖). Corollary Issue: No Retroactive Application of EO 277 Petitioners insist that EO 277 is not applicable to them. First. Third and most important. Nothing will prevent the indictment of petitioners for violation of EO 277 at the time they were caught by the forest guards in flagrante delicto. The prohibited act is a malum prohibitum. This strained reasoning deserves scant consideration. (2) sales invoice. especially for use in buildings. It is highly doubtful if the lumber bought at the earlier date was the very same lumber confiscated in October 1989. forest laws and regulations also require the following documents: (1) certificate of lumber origin. lumber has been legally accepted as a term referring to the manufactured product of logs[28] or to timber sawed or split into marketable form. at no time during the apprehensions did petitioners claim that the lumber belonged to Cajidiocan Trading.[27] where we also said that ‗[t]o exclude possession of ‗lumber‘ from the acts penalized in Sec. because the seized lumber had been lawfully possessed by Cajidiocan Trading since March 1987. 68 would certainly emasculate the law itself. and absence of malice or criminal intent will not save the day for them.[29] Consistent with Mustang.