Primer

on
Illegal Logging
1\

Published by:

LEGAL AFFAIRS OFFICE

Department of Environment and Natural Resources
3rd Floor, DENR Building, Visayas Avenue, Diliman, Quezon City
 FOREWORD

In a historic agreement signed on August 29, 1990, the Depart-

ment of Environment and Natural Resources (DENR) and the Depart-
ment of Justice (DOJ) have agreed for the first time to put up a common
stand against the pernicious evils of illegal logging. Thus, was born the
S.PECIAL TASK FORCE ON ILLEGAL LOGGING composed of DOJ
prosecutors and DENR lawyers in all the regions all over the country.
Upon its organization, the Special Task Force was immediately con-
fronted with the "seriousproblem of having to go through a maze of
regulations, issuances, circulars and administrative orders issued by the
Forest Management Bureau and the DENR to implement the basic laws
on illegal logging.
This PRIMER was, therefore, prepared and compiled by the DENR
Legal Affairs Office to address the problem. The PRIMER incorporates
all the basic laws, the pertinent rules and regulations, issuances, circulars
and administrative orders relating to illegal logging including a brief
discussion of the principles of criminal procedure and guidelines in the
administrative confiscation and disposition of illegal forest products and
conveyances.
We hope that those who have a stake in the success of the cam paign
against illegal logging especially the DENR people in the field, the REDs,
PENROs, CENROs, DENR Lawyers, DOJ prosecutors and judges will
find this PRIMER a handy and useful tool.

ssistant Secretary
for Legal Affairs
Co-Chairman, Special Task Force
 TABLE OF CONTENTS

PAGE
CHAPTER I

DEFINITIONS· WORDS AND PHRASES 1

CHAPTERll

I BASIC PROVISION OF LAW ON ILLEGAL LOGGING:

A. Section 68 of Presidential Decree No. 705 4

(Forestry Reform Code of the Philippines),
as amended

B. Offenses punishable under Section 68 of 5

PD 705, as amended by E.O. No. 277,
Series of 1987.

C. Persons liable 7

D. Penalties Imposed

E. Authority to cut, gather, collect or remove

timber or Forest Products

F. Transport of Timber or other forest products 11

II LEGAL DOCUMENTS REQUIRED BY FOREST LAWS

AND REGULATIONS

l. Documents required for the shipment 12

(transport) of logs/timber.

2. Transport of Lumber (Domestic Transport) 13

3. Transport of Lumber (Export) 14

4. Minor Forest Products (Domestic Transport) 15

5. Minor Forest Products (Export)

 e. "Pulpwood" shall mean any wood ofwhatever form or size commercially
used for the manufacture of any type of pulp.
f.
"Chipwood" shall mean basic wood materials, other than those used
as firewood, fuelwood or raw materials for the manufacture of solid
wood products, which are suitable for conversion into chips by
means of either a chipping machine or hand tools in the bulk
processing and manufacture of paper, chipboard, fiberboard,
hardboard, and other fiber products.
g. "Fuelwood" shall mean trees or parts thereof used for industrial or
commercial fuel generation.
h.
"Wood waste of timber" shall mean wood generated incidental to
harvesting timber such as log trims, tree tops, branches buttresses,
culls, splits, crooks, and the like.
i.
"Forest Product" mean timber, pulpwood, firewood, bark, tree top,
resin, gum, wood, oil, honey, beewax, nipa, rattan, or other forest
growth such as grass, shrub, and flowering plant, the associated
water, fish, game, scenic, historical, recreational and geologic resources
in the forest lands.
j. "Destination" shall be deemed to be the place where the forest
products are unloaded from common carriers or towed by water
which place shall be outside the geographical boundaries of the
areas covered by the forestry license.
k. "Reshipment" shall be .understood to mean the removal of forest
products from the original destination as appearing on the auxiliary
invoice.
1.
"Processing Plant" is any mechanical set-up, device, machine or
combination of machines used for the conversion oflogs and other
forest raw materials into lumber, veneer, plywood, fiberboard,
blockboard, paper board, pulp, paperorotherfinished wood products.
2 3
m. "Lease" is a privilege granted by the State to a person to occupy and
possess in consideration of specified rental, a~y fores: ~and of t~e
public domain in order to undertake any authonzed activity therem.
n. "License" is a privilege granted by the State to a person to util.ize
forest resources within any forestland, without any right of occupation
and possession over the same, tothe exclusion of othe~s,. or ~stabl~sh
and operate a wood processing plant, or conduct any activity involving
the utilization of any forest resources.
o. "License Agreement" is a privilege granted by the State to a person
to utilize forest resources within any forest land with the right of
possession and occupation thereof to the exclusion of others, except
the government, but with the corresponding obligation to develop,
protect and rehabilitate the same in accordance with the terms and
conditions set forth in said agreement.
"Permit" is a short-term privilege or authority granted by the State
p.
to a person to utilize any limited forest resource.s or undertak~ a
limited activity within any forest land without any nght of occupation
and possession therein.
q. "Annual Allmuoble Cut" is the volume of materials whether of wood
or other forest products that is authorized to be cut yearly from a
forest.
r. "Forest Officer" means any official or employee of the Bureau who
has been appointed or delegated by law or by competent authority
to execute, implement or enforce the provisions of the Revised
Forestry Reform Code, other related laws, as well as their implementing
regulations.
s. "Person" includes natural as well as juridical person.
t. "Illegally cut, gathered. transported; declared; classified. and possessed
lumber, logs and other forest products" are those which were cut,
gathered, transported, declared, classified or possessed without
authority, permit or license in accordance with forest laws, rules and
regulations.
 $

B. Offenses punishable under Section 68 ofP.D. 705, as

CHAPTER II amended by E.O. No. 277, Series of 1987:

1) Cutting, gathering, collecting or removing of T~mber

or other Forest Products from any forest land WIthout
1. BASIC PROVISION OF LAW ON ILLEGAL LOGGING:
authority.

ELEMENTS:
A. Section 68 of Presidential Decree No. 705 (Forestry there must be cutting, gathering, collecting or
a)
Reform Code of the Philippines), as amended. removing of timber or other forest products;

b)
the timber orotherforestproducts is cut, gathered,
collected or removed from any forest land;
Executive Order No. 277, series of 1987, provides:
c)
the cutting, gathering, collecting or removing
"Section 1. Section 68 of Presidential Decree (P.D.JNo. 705, without authority.
as amended, is hereby amended to read as follows:
Cutting, gathering, collecting or removing of ti~ber
"Section 68. Cutting, Gathering and or collecting timber or 2)
fl'bm alienable or disposable pu bHcland orfrom pnvate
other Forest Products without license. Any person who shall cut
land.
gather, collect, :emove timbe~ or other forest products from an;
forest land, or timber from alienable or disposable public land, or
ELEMENTS:
fromprwate land without any authority, or possess timber or other
fo~es~ products without the legal documents as required under there must be cutting, gathering, collecting or
a)
existing forest laws and regulations, shall be punished with the removing of timber;
penalties imposed under Articles 309 and 310 of the Revised Penal
Code; P~ovided, that in the case of partnership, associations, or
the timber is cut, gathered, collected or removed
corporations, the officers who ordered the cutting.gathering, collection b)
from alienable or disposable public land or from
or poss.ession .s~all be liable, and if such officers are aliens, they
shall, l~ addition to the penalty, be deported without further Ilrivate land;
proceedings on the part of the Commission on Immigration and
the cutting, gathering, collecting or removing is
Deportation. c)
without authority.
"The Court shall further order the confiscation in favor of the
Posse:;1>1Ull
of .1mber or other forest Ilroducts without
government of the timber or any forest products cut, gathered, 3)
the legal documents as required under existing forest
~ollected, removed, orpossessed, as well as the machinery, equipment,
implements and tools illegally used in the area where the timber or laws and regulations.
forest products are found."

5
4
 ELEMENTS: C) Persons liable:

a) possession of timber or other forest products; 1) the cutter

2) the gatherer
b) the possession is without the legal documents 3) the collector
as required under existing forest laws. 4) the remover b
5) possessor or any and all persons who appear to . e
responsible for the commission of offense defined III
Section 68 ofP .D. No. 705 as amended by E.O. No. 277,
In offense No.1, Section 68 ofP.D. 705, as amended by E.O. No.
277, Series of1987, prohibits the cutting, gathering, collecting or removing Series of 1987. .
6) in case of partnerships, associ~tions, or ~orporatlO~s,
of timber or any forest products from any forest land without authority. / the officerswho ordered the cutting, gathenng, collection
or possession.
In offense No.2, the act prohibited is the cutting, gathering and
removing of timber only from alienable or disposable public land or from
private property.
C) Penalties imposed:

Section 68 ofP.D. 705, as amended byE.O. No. 277, Series of 1987, 1) the offenders shall be punished with the pena~ties
is silent on the question as to whether or not one could cut, gather, collect, imposed under Articles 309 and 310 of the Revised
and remove other forest products from alienable or disposable public land Penal Code;
or from private land and escape liability therefrom.
2) if the person liable is an offic~r of a ?artnershi?,
association or corporation, and IS an allen, shall, III
The basic provision oflaw is silent and, indeed, one may cut, gather, addition to the penalty above.imposed, be ~e~Ol1;ed,
collect and remove other forest products (other than timber) from alienable without further proceeding, by the CommlsslOn on
or disposable public land or from private land, yet he may be liable under Immigration and Deportation. (Sec. 68 ofP.D. 705 as
offense No.3 (possession). amended by E.O. 277)

Offense No.3 penalizes one in possession of timber or other forest E) Authority to cut. gather. collect or remove timber or
products without the legal documents as required under existing forest
Forest Products:
laws and regulations. The basic provision of law does not distinguish as
to whether or not timber or other forest products being possessed are Authority to cut, gather, colect or remove timber or ot~er forest
derived from forest land, from alienable or disposable public land and/ products from any forest land, or timber from alienable or dlS~?sable
or from private land. What is material in offense No.3 is that the public land or from private land might be in the form of anyh is dulv
possession of the timber or other forest products is without the legal agreement or permit issued by the Secretary of the DENR or by IS U Y
documents as required by forest laws and regulations. authorized representative.

6 7
 F
Some of the powers and functions of the Department Secretary has
been delegated to specific officers of the Department under DENR
Administrative Order No. 20as amended by DENRAdministrative Order
No. 38, Series of 1990.
EXAMPLES OF AUTHORITY TO CUT, GATHER, COLLECT,
REMOVE TIMBER OR OTHER FOREST PRODUCTS.
a)
Timber License Agreement (TLA) and other existing license
permits:
These permits were issued by the DENR, pursuant to
P.D. 705 and the old constitution and continue to be in full
force and effect until their expiry dates subject to the same
terms and conditions as originally granted and approved
unless Congress may provide otherwise. (Sec. 3, Executive
Order No. 278, Series of 1987.)
b)
Timber Production Sharing Agreement (TPSA)
All licensed issued by the DENR to utilize timber
resources from forest areas, in lieu of TLA, in compliance
with Sec. 2, Article XIIofthe New Constitution as implemented
under EO 278, series of 1987. (DENR Administrative Order
No. 78, Series of 1990.)
c)
Private Land Timber Permits (PLTP)
A license granted by the DENR to landowners
themselves to cut, gather, collect, remove timber found
(natural grown) within their private lands. For purposes of
PLTP, Private Lands refer to lands covered by either
administrative or judicial title or FREE PATENT
HOMESTEAD and SALES PATENT and TORRENS TITLE
obtained under the Land Registration Act (Act No. 496, as
8
amended). Realty Tax Declarations are not acceptable pr~of
of ownership (DENR Administrative Order No. 121, Senes
of 1989)
d) Special Permits:
1) Permit to cut narraand other premium hardwood
in the forest areas, civil/military reservations or resettlement
areas:
A written authority from the Secretary ofDENR to cut
narraand other premium or hardwood from allowable clearings
within civil or military reservations/resettlement or
resettlement areas; and in allowable clearings (skidways,
roadways, cableways, log landings) inside forest lands covered
by timber license/permits limited to fifteen (15%) pe~cent for
skidding/truck logging and yarding based on the lo~~ng a~ea
under operation (Par. 2.2 & 2.3 or DENR Administrative
Order No. 78, Series of 1987).
Premium Hardwood refers to narra, molave, dao,
kamagong, ipil, acacia, akle, apawit, banuyo, batikuling,
hetis, bolangeta, teak, tindalo, and manggis (Par. 1, DENR
Administrative No. 78, Series of 1987).
2) Permitto cut narraand other premium hardwood
found (natural grown) in private lands:
This authority is called a Special Private Land Timber
Permit (SPL TP) issued to land owners themselves by the
Secretary of DENR to cut, gather, collect, o~ rem~ve ~arra
and other premium hardwood species found In their private
land (DENR Memo Circular No. 22, Series of 1990)
9
 For this purpose, Private Lands, in addition to the
definition under DENR Administrative Order No. 121, Series
of 1989, also includes titled lands and alienable and disposable
lands with approved applications for homested, free and
emancipation patents as defined in Par. 2.1 of DENR
Administrative Order No. 78, Series 1989.
3) For Firewood, Pulp Wood or Timber produce
from Ipil-Ipil (Ieucaenia spp.), Falcata (Albizza Falcataria
and other tree species planted in private lands.
No permit is required in cutting, harvesting, transporting
and sale of firewood, pulpwood ortimber produced from Ipil-
Ipil, Falcata, orothertree species PLANTED in private lands
or tax-declared alienable and disposable lands with a
corresponding application for patent or acquired through
court proceedings.
Instead of permit, ONLY A CERTIFICATION, which
will accompany shipmentfrom the Community Environment
and Natural Resouces Officer (CENRO) concerned to. the
effect that said forest products came from private titled land
or tax-declared alienable and disposable land (Min. Adm.
Order No.4, Series of 1987, amended by: DENR Adm.
Orders No. 86, (1988); 26 (1990) and 79 (1990).
EXCEPTIONS: (Forest products ortimberfrom tree species
planted in private lands or tax-declared A & D)
1) N arra or other premium hardwood (permit should be
secured under DENR Adm. Order No. 78 (;1.987)and
Memo Cir. No. 22 (1990).
10
2) BENGUET PINE
If planted in private land or tax-declared A & D lands
permits shall be secured under PLTP (DENR Adm.
Order No. 121 (1989 last Par. DENR Adm. Order No.
79, Series of 1990).
3) MANGROVES
Iffound within public lands - permit should be secured
under DENR Adm. Order No. 15 (1990).
If found in private or titled lands - permits should be
secured under PLTP under DENR Adm. Order
No. 121 (1989) (Par. 4, Memo Cir. No. 22 (1990).
F) Transport of Timber or other forest Products:
Transportation of timber or otherforest productswtthout autbority
or without the legal documents required under forest laws and regulatiOns
is punishable under Sec. 68 ofP.D. No. 705 as amended by E.O. No. 277,
series of 1987.
Although the act of transporting timber or other forest products
without authority or without the legal documents required under forest
laws and regulations is not specifically enumerated as one of the off~nses
punishable underSee, 68 ofP.D. 705 as ame~de~ by E.O. 27~, Senes of
1987 it is believed that said act of transporting 1S embraced in Offense
No.3, that is, possession of timber or othl>" rr"'est pr~ducts without the
legal documents required uy {ole::'Llaw" and regulations.
11
II) LEGAL DOCUMENTS REQUIRED BYFOREST LAWSAND B) Sanctions on Shipments ofLogjTimber Without
REGULATIONS CTO

Timber/Logs transported or shipped without the

1) A) Documents required fortheshipment (transport)
of logs/ti,mber:
1) Certificate of Timber Origin
2) Auxiliary Invoices
3) Sales or Commercial Invoices
4) Log Supply Contract or LSPA
5) Logs must be scaled and marked with Forest
Officer's marking hatchet and Timber
Licensee's Registered Private Log Mark
(Par. 7, DENR Adm. Order No. 34, Series
of 1988)
6) Certificate of Transport Agreement (Sec. 3
DENR Adm. Order No. 59, Series of 1990)
(Note:)
The Certi!icate ofTransport ofAgreement
can be dispensed with:
l.
if the owner of CONVEYANCE is the same
owner of the timber or other forest product to
be transported/shipped
2)
2. . if immediately prior to loading of any forest
product, the conveyance owner notifies the
Community Environn. entand Natural Resources
Officer (CENRO) coi.cemed of the planned
~hipment, in which case, the CENRO shall
Issue instead a CLEARANCE FOR THE
TRANSPORT OF FOREST PRODUCTS.
(DENR Administrative Order No. 59-a, series
of 1990.)
accompanying CTO shall be presumed as coming from
illegal sources and shall be subject to confiscation and
disposition in accordance with Executive Order No.
277 and other laws, regulations on the matter. The
offender shall be subj ect to prosecution (Par. 9, DENR
Adm. Order No. 34, Series of 1988)
C) Validity of CTO
The CTO shall be issued on a one-shipment basis. The
CTO shall be valid only for a period of fifteen (15) days
(including Saturdays, Sundays and Holidays) from
date of issuance or after loading in case of export, or
in case of domestic transport, upon discharge at the
point of destination, which ever serve first. In Case
of expiration, before reaching the point of destination,
renewal or extension thereof should be secured from
the nearest DENR Office (DENR Adm. Order No. 34,
Series of 1988).
Transport of Lumber (Domestic Transport)
a) Original Copy of Certificate of Lumber Origin
(CLO)
b) Lumber Sales Invoice (in case of lumber sale)
c) Tally Sheets
Delivery Rec~:pt (BFD Circular No.8, Series of
d)
1983)

12 13
 e) Certificate of Transport Agreement unless doors and other builder woodworks, picture
dispensed with under DENR Adm. Order No. frames, tool handles, decorative articles, wooden
59-A, Series of 1990. shoes, toothpicks, chopsticks, etc., coming from
local or imported logs are allowed to be exported
(DENR Adm. Order No. 05, Series of 1990)
3) Transport of Lumber (Export)

a) Original Copy of Certificate of Lumber Origin ) /

4) Minor Forest Products (Domestic Transport)
(CLO)
a) Original Copy of the Certificate of Origin of
J j
Minor Forest products
b) Log Sale Invoices (in case of sale of logs from
which the lumber were produced)
b) Auxiliary Invoices
c) Lumber Sale Invoices (in case of lumber sale)
c) Delivery Receipt (required under BFD Circular
d) Tally Sheets No.8, Series of 1983)

e) Delivery Receipts d) Certificate of Transport Agreement (unless

disposed with)
f) Certificate ofInspection (as required under BFD
Circular No.8, series of 1983)
5) Minor Forest Products (Export)
g) Certificate of Transport Agreement (unless
dispensed with) a) Original Copy of Certificate of Origin of Minor
Forest Products

(Note:) Export Ban on Lumber b) Auxiliary Invoices

As of May 15, 1989 exportation of Lumber is c) Delivery Receipt

banned under DENRAdm. Order No. 19, Series
of 1989. d) Certificate of Inspection (required under BFD
Circular No.8, series of 1983)
Exempted From the Ban:
e) Certificate of Transport Agreement (unless
Lumber Products, wood manufacturers disposed with)
and other wood fi nished products which are
further manufactured from lumber or wood,
including but not limited to wooden furniture
and toys, packing cases and parquet floors,

14 15
 CHAPTER III
CRIMINAL PROSECUTION
A) 1.
For purposes of prosecuting violations of Section 68 of P.D.
705asamendedbyE.O. No. 277, Seriesof1987, the title shall
be the same as those in ordinary criminal complaint/
information but shall be docketed as, to wit: FOR VIOLATION
OF SECTION 68 OF P.D. 705 AS AMENDED BY E.O. 277,
SERIES OF 1987.
2. The criminal complaint/information shall befiled, preliminary
investigated and prosecuted in accordance with the
Memorandum ofAgreement, dated August 29, 1990, between
the Department of Environment and Natural Resources and
the Department of Justice.
B) WHAT DOCUMENTS WARRANT CRIMINAL PROSECUTION
OF OFFENSES DEFINED IN SECTION 68 OF P.D. NO. 705
AS AMENDED BY E.O. NO. 277, SERIES OF 1987.
1. Documents common to Offense Nos. 1 & 2 (please refer to
paragraph I-B, Chapter II of this Primer, pp. 3-4)
In the absence of any license, permit or special permit,
it is presumed that the cutting, gathering, collecting or
removing of timber or other forest products from any forest
land or timber from private land or alienable or disposable
public land is illegal.
2. Documents for Offense No.3 (please refer to I-B, Chapter II
of this Primer, p. 4).
16
In the absence of Certificate of Timber Origin (in case
of timber or other forest products) and Certificate of Lumber
Origin (in case of lumber) accompanying the transport,
possession or shipment, it is pressumed that said timber,
forest product or lumber being transported, possessed or
shipped came from illegal source. [BFD Circular No.8
(1983); DENR Administrative Order No. 34 (1988); DENR
Administrative Order No. 96 (1989).]
C) PRINCIPLES INVOLVED IN CRIMINAL PROSECUTION
In the prosecution of illegal logging cases, the following topics and
principles must have to be considered as they are likely to be raised in
court by the defense lawyers:
1. The need to identify the offense covered;
2. The persons authorized to enforce the law;
3. Arrest and apprehension of the offenders;
4. Search and seizure;
5. Preliminary investigation; and
6. Prosecution of the offender in court.
1. The need to identify the offense covered
Illegal logging case is likely to be dismissed or the accused is
acquitted because the investigator ta~ked to b~ild-up th7 .case,. or th:
prosecutor who will pursue the case III court IS not familiar with th
offense charged and its elements.
The offenses covered in an illegal logging case and the elements are
enumerated in paragraph I (B), Chapter II of this Primer.
17
 2. Persons involved or authorized to enforce the law
. The persons authorized to enforce the law (re: law on illegal
logging) are the DENR Secretary or his duly authorized representative
and such other authorized person and/or officers enumerated in Par:
I(C), Chapter IV of this Primer.
3. Arrest and apprehension
. In cri~inal cases, it is necessary that the offender should be taken
into custody in order that he may be bound to answer for the commission
of an offense.
As a general rule, any person who commits a crime is subject to
arrest. No VIOlenceor unnecessary force shall be used in making the arrest
and t~e person to be arrested shall not be subjected to further restraint
than ISnecessary :or his detention. If the offender resists, the arresting
officer may be required under the circumstances to overcome the resistance.
Generally, arrest and detention shall be made only by virtue of a
warrant ", However a peace officer or a private person may also arrest a
person Without warrant in the following instances:
1. When in his presence, the person to be arrested has committed
is actually committing or is attempting to commit an offense;
2. When an offense is in fact being committed and he has
knowledge ofthe fact indicating that the person to be arrested
has committed it; and
3.
When the person to be arrested is a prisoner who has escaped
~rom a penal establishment or place where he is serving final
Judgment or temporarily being transferred from one
confinement to another.
18
In the first two instances, the person arrested without warrant
shall be surrendered or delivered to the nearest police station or jail and
shall be proceeded against in accordance with Rule 121, Section 7 of the
new rules on criminal procedures.
Prior to the amendment, the law required only "reasonable ground
to believe" on the part of the person affecting the arrest without warrant.
Now, the rule requires "personal knowledge" by the person affecting the
arrest without warrant.
Other instances where an offense is committed in the "presence"
ofthe arresting officer or person without warrant are; 1. when the officer
or person sees the acts constituting the offense although he is at a
distance; 2. when the officer or person hears the disturbance and he
proceeds at once to the scene where the lack of seeing is made up for by
hearing.
It must also be considered that an officer or person has the
authority to break open the outer or other doors of a dwelling of a person
in order to effect an arrest either by virtue of a warrant or is lawfully
authorized to make such arrest in instances without warrant, if he is
refused admittance thereto after he has announced his authority and
purpose.
Offenders and/ or persons liable and subject to arrest with warrant
or in instances without warrant, with respect to acts punishable under
Section 68 of P.D. 705, as amended by E.O. 277, series of 1987, are: l.
the cutter; 2. the gatherer; 3. the collector; 4. the receiver; and
5. the possessor or any persons who appear to be responsible to the
commission of the offence. In case of partnerships, association, or
corporation, the officer who orders the cutting, gathering, collection, or
possession shall be subject to arrest.
19
 4. Search and seizure
. !he Philippine ~onstitution guarantees one's right against arbitrary
intrusion by persons into the privacy of one's home or his person.
. Section 2, Article 3 of the Bill of Rights of the present Constitution
provides:
"The right of the people to be secured in their persons,
houses, papers, and effects against unreasonable searches
and seizures of whatever nature and for any purpose shall
be inv~olable, and no search warrant or warrant of arrest
shall issue except upon probable cause to be determined
personally by the judge after examination under oath or
affirmation of t~e complaint and the witnesses he may
produce, and particularly describing the place to be searched
and the persons and things to be seized."
Consequently, the general rule is that the search and seizure shall
only be made by virtue of a valid warrant. Search warrant or warrant
of arrest shall only be issued upon probable cause to be determined
personally by the judge after examination under oath or affirmation of
the c?~plainant and the witnesses he may produce and particularly
describing the place to be searched and the persons or things to be seized.
Exceptions to the general rule wherein instances of warrantless
search case be lawfully made are:
1. ~hen the warrantless search is an incident to a lawful arrest:
i.e. search of the premises where the arrest is 'l1ade in order
~ofind a~d seize things connected with or bywhich the crime
1S committsd, weapons and other things and/or prevent the
offenders' escape from custody;
20
2. warrantless search for moving vehicles containing contraband;
3. warrantless search for evidence of a crime in plain view of
the searching officer;
4. seizure of goods in which the duties have not been paid; and
5. search and seizure conducted pursuant to a waiver of such
right by the person affected.
It must be noted that with respect to warrantless search of moving
vehicles for contraband, there must be probable cause for the search,
otherwise it would be illegal.
As regards to search and seizure conducted to a waiver of the right
by the person affected, it must appear that: 1. the right exists; 2. the
person involved has knowledge, actual or constructive, of the existence
of such crime; and 3. the said person has the actual intention to relinquish
the right. The fact that the accused failed to object to the entry into his
house does not amount to a permission to make a search therein.
5. Preliminary investigation
Preliminary investigation is an inquiry or proceeding for the
purpose of determining whether or not there is a prima facie case to be
filed in court.
In illegal logging cases, the DOJ prosecutors enumerated in the
DENR-DOJ Joint Circular, dated November 13, 1990, can conduct
preliminary investigation.
A preliminary investigation is not a constitutional right but it is
merely a statutory right that it may be denied by law and therefore, cannot
be part of due process.
21
 . ~owever, if t.he law provides for a preliminary investigation, a right
to
CHAPTER IV
. It exists
.. and denial
'. of the same is a denial of due process . Prell' mmary
.
mv~stigatlOn of Crimes cognizable by the regional trial courts is a matter
of right.
I. Confiscation of Timber or Forest Products

A) Judicial Confiscation:

The court shall further order the confiscation in favor of the

government of the timber or any forest products' cut, gathered, collected,
removed or possessed, as well as the machinery, equipment implements
and tools illegally used in the area where the timber or forest products
are found (2nd par. Sec. 68 of P.D. 705 as amended).

Judicial confiscation presupposes that an illegal logging case has

been filed in court and confiscation has been ordered as part of the
judgement or decision of the court.

B) Administrative Authority of the DENR Secretary

Executive Order No. 277, Series of 1977 provides:

"Section 2. Presidential Decree No. 705, as

amended is hereby further amended by adding Section
68-A and 68-B which reads as follows:

"Section 68-A Administrative Authority of the

Department Head or His DulyAuthoriud Representative
to order Confiscation. In all cases of violation of this
code or other forest laws, rules and regulations, the
DEPARTMENT HEAD or his duly authorized
representative may order the confiscation of any forest
products illegally cut, gathered, removed, orpossessed or

22 23
 abandoned and all conveyances used either by land, water
or air in the commission of the offense and to dispose of
the same in accordance with pertinent laws, regulation
or policies on the matter. "
C) Other Persons Authorized to Confiscate/Seize
1) Forest Officer or Employee of the Bureau (refers
to the Forest Management Bureau) Section 80 of
P.D. 705 as amended by P.D. 1775;
2) Personnel of Philippine Constabulary/Integrated
National Police (Sec. 80, P.D. 705 as amended by
P.D.1775;
3) Any agency, barangay or barrio official or any
qualified person to be deputized by the Department
Head (par. 3, Sec 80, P.D. 705 as amended by P.D.
1775);
4) Special Force ofthe Armed Forces ofthe Philippines
organized in every region to enforce forest laws
under the MOA by Secretaries of DND & DENR
(Sec. 80-A. P.D. 705, P.D. 1559);
5)
DENR Officers and other authorized personnel of
DENR subject however, that their authority is
within their respective jurisdiction. COENR)
<
Administrative Order Nos. 20 «988), 36 (1988)
and 38 (1990).
6)
Such other persons and officers that may be
designated by the Department Hsad in the exercise
of his administrative authority.
24
D) SUBJECT OF ADMINISTRATNECONFISCATION/
SEIZURE:
1) Illegally cut, gathered, collected, removed or
possessed timber or other forest products;
2) All conveyances, either by land, water or air, used
in the commission of the offense (Section 68-A,
P.D. 705, as amended byE.O. 277, Series of1987).
The term conveyance includes any type or class of
vehicle, craft, whether motorized or not, used
either in land, water, or air, or a combination
thereof or any mode of transportation used in the
movement of any forest products including all its
implements and accessories (Section 1, DENR
Administrative Order No. 59, Series of 1990).
3) All tools and equipments used in committing the
offense shall be confiscated and seized and forfeited
in favor of the government.
E) GENERAL GUIDELINES IN ADMINISTRATIVE
CONFISCATION/SEIZURE OF ILLEGALLY CUT
TIMBER OR FOREST PRODUCTS.
CONVEYANCES, TOOLS AND IMPLEMENTS AND
CRIMINAL PROSECUTION OF THE VIOLATION
OF SECTION 68 OF P .D. NO. 705 AS AMENDED
BY E.O. NO. 277 SERIES OF 1987:
1) Immediately after seizure of the forest products
together with the tools, conveyances and instrument
used in the commission of the offense, the
apprehending forest officer shall execute his sworn
statement/affidavit surrounding the facts of the
25
 case. He shall also take the affidavits or statements
of witnesses. [Forms of Affidavits are attached as
Appendices "A" and "B"in DENR Adm. Order No.
36 (1988)J
2) The scaling or measurement of the seized forest
products shall be conducted immediately and the
assessment thereof shall be based on the gross
volume without benefit of deduction for natural
defects, after which the corresponding seizure
receipt shall be issued by the signing DENR
officer(s). All logs confiscated and are to be sold
shall be marked with the marking hatchet at both
ends.
3) In cases where the apprehension are made by the
PC /INP, EIIB, Coast Guard and other government
law enforcement agencies, the apprehending agency
shall notify the nearest DENR office and turn over
the seized forest products to the CENRO /PENRO /
RED as the case may be for proper investigation
a~d disposition. In the same manner, forest products
seIzed/confiscated by the DENR Central Office
personnel shall likewise be turned over to the
CENRO /PENRO /RED concerned for further
investigation and proper disposition in accordance
with the procedure herein provided.
4) In cases where the apprehension is made by the
field DENR officer, the forest products and the
conveyance used shall be deposited to the nearest
CENRO /PENRO /RED office, as the case may be,
for safekeeping, wherever it is most convenient. If
the transfer of the seized forest products to the
above places is not immediately feasible, the same
26
shall be placed under the custody of any licensed
sawmill operator orthe nearest local public official
such as the Barangay Captain, Municipal/City
Mayor, Provincial Governor or the PC /INP; at the
discretion of the confiscating officer taking into
account the safety ofthe confiscated forest products.
All "LA holders shall, upon request, provide
transportation facilities for the transfer of the
confiscated/seized forest products from the place
of apprehension to the place of custody. In any
case, the custody of the forest products shall be
duly acknowledged and receipted by the official
taking custody thereof.
5) All expenses incurred by the CENRO /PENRO /
RED in the hauling and transportation of the
forest products from the place of apprehension to
the depository area as mentioned above shall be
reimbursed by the office in the amount equivalent
to not more than ten (10) percent ofthe proceeds
of sales through public bidding of the confiscated
forest products as administrative costs.
6) Filing of Complaint. - The forest officer shall
forthwith file the complaint with the Fiscal's Office
in the form prescribed by said office or if the Office
of the Fiscal is too far from the place where the
offense is committed, the criminal complaint shall
be filed with the Municipal Trial Court of the
locality in the form attached as Appendix "C"
under DENR Adm. Order No. 36 (1988), against
any and all person who appear to be responsible
for the commission of the offense penalized under
Section 68 of P.D. 705, as amended by Executive
27
 Order No. 277. In case ofpartners hips, associations,
or corporations, the complaint shall be filed against
the officers who ordered the cutting, gathering,
collection or possession of the forest products.
7) Referral of Complaint. - Immediately after the
complaint is filed, the forest officer shall transmit
copy of complaint and all supporting documents
to the Regional Office for proper handling and
disposition, copy furnished the Assistant Secretary
for Legal Affairs.
8) Prosecution of Offenses. - The prosecution of
cases filed under these regulations shall be the
primary responsibility of the Regional Office
concerned subject to the supervision and control
of the Assistant Secretary for Legal Affairs.
F) DISPOSITION OF ADMINISTRATIVELY
CONFISCATED/SEIZED FOREST PRODUCTS/
CONVEYANCE, TOOLS AND EQUIPMENTS:
1) CONFISCATED/SEIZED FOREST PRODUCTS:
a) Generally. the Regional Executive Director
(RED), Community Environment and
Natural Resources Office (CENRO) or the
Provincial Environment and Natural
Resources Office (PENRO), as the case
maybe, shall without delay, sell at public
auction and/or dispose all confiscated
products in accordance with existing laws,
rules and regulation particularly paragraph
No.5 to 12 ofDENRAdministrative Order
No. 36, Series of 1988;DENR Memorandum
2)
28
Order No. 12, Series of 1990 and D.ENR
Memorandum Circular No. 19, Senes of
1990).
b) Exception: Confiscated/Seized Forest
Products that can not be disposed and/or
sold at public auction:
Those that are subject of judicial
proceedings until ?rop~~ authority i.s
obtained for their disposition from C?Ul t
where the case is pending (representations
shall be made with the proper court for the
immediate disposition thereof throug.h
public auction to avoid loss of economic
value during pendency of the case. The
proceeds of the sale shall be deposited as
the court directs and the same shall be
awarded by the latter to whoever shall be
entitled thereto based on the final court
decision. [paragraph 5-b (ii), ~ENR
Administrative Order No. 36, senes of
1988.]
those earmarked for donation to other
agencies or charitable and similar
institution;
- those determined by the DENR for
its own infrastracture needs [paragraph
5-a (i-iii»).
CONFISCATED/SEIZED TOOLS AND
EQUIPMENTS:
29
 a) Supplies and equipments acquired by the 1. Posting of cash bond equal to the
Departmentthrough confiscation/forfeiture value of the conveyance or a GSIS
are considered government properties and Surety Bond double the value of the
henceforth must be entered in the books conveyance as determined by the COA;
of accounts (paragraph I, DENR
Memorandum Order No. 12,Series of 1990). 2. Guarantee from a responsible public
official that the conveyance will be
3) CONFISCATED/SEIZED CONVEYANCES: produced whenever required by the
DENR during the pendency of the
a) All seized/confiscated conveyances shall case (Sec. 10, DENR Administrative
be declared forfeited in favor of the Order No. 59, series of 1990.)
Government in accordance with Sec. 68-A
of P.D. No. 705 as amended by E.O. No.
277, series of 1987 which can be used
c) STRICTLY NO temporary release of
at the discretion of the DENR in forest
conveyance on the following circumstances:
protection and development activities or be
disposed through public bidding by the 1. The transport of forest products is
Secretary or the Regional Offices as the
not covered by transport agreement
case maybe (Sec. 9, DENRAdministrative
(or if such document purported to be
Order No. 59, series of 1990.)
a transport agreement is fictitious or
invalid). (Exception: In the case
However, for purposes of complying
of owner of conveyance is the same
with due process, the Secretary, RED /
owner of forest products to be
PENRO/CENRO or their duly authorized
transported or where a Certification
representatives shall give the owner or his
by the CENRO is only required under
representatives a WRITTEN NOTICE of
DENR Administrative Order No. 59-
the seizure by requiring said owner or
A, series of 1990.
representative to submit sworn statements
or affidavits within three (3) days from
2. The owner or his duly authorized
receipt of such written notice (DENR
representative has previous derogatory
Administrative Order No. 75, series of1990.)
record involving the same or similar
irregularity in the DENR;
b)
Temporary release of conveyances can be
The irregularity is so patent than an
made after one (1) month from confiscation
ordinary prudent man exercising due
and .the. case has not been resolved, upon
diligence could not have detected the
a~phcation to be filed with the Secretary
with the following requirements: same (Sec. 10, DENRAdministrative
Order No. 59, series of 1990.)

30 31
 Acknowledgements are herewith given to:

d) The confiscation of conveyance is without Hon. Secretary Fulgencio S. Factoran, Jr.

prejudice to any criminal action to be filed
against the owner thereof or any person
who used the conveyance in the commission
of the offense.
Note: DENR Administrative order No.4, series of 1991,
amended DAO No. 39, series of 1990, and it
provides:
Hon. Secretary Franklin M. Drilon
Hon. Undersecretary Silvestre H. Bello III
Hon. Assistant Secretary Romulo D. San Juan
Provincial Prosecutor Dennis Villa Ignacio
Director Jose Antonio C. Elum
for their inspiration and encouragement;

"1. As provided for in the Section 4 of DENR
Administrative Order No. 59, series of 1990,
forest officers and/or natural resources
officers, or deputized officers of the DENR
are authorized only to seize conveyance subject
to pertinent policies and guidelines.
"2. Only the Secretary can confiscate/forfeit or
release said conveyances, subject to the same
guidelines.
The other members of the DENR-DOJ Special Task Force:
Director Lope D. Reyes
Atty. Vicent Robles
Mr. Marcial Amaro
State Prosecutor Claro A. Arevalo
State Prosecutor Alvin C. Go
State Prosecutor Ramon R. Garcia
And the members of the Central Committee Secretariat:

"3. Whenever a seizure is made under these Atty. Romulo A. Redula

rules, the forest officers or natural resources Atty. Arthur P. Castillo
officers concerned shall submit a report Mr. Alberto P. Mondragon
thereofwithin three (3) days to the Office of Mr. Osorio G. Flores
the Assistant Director, Forest Management Mr. Redentor T. Guzman
Bureau, for evaluation, instead of directly Ms. Myrna C. Balatayo
submitting the same to the Secretary as Ms. N oemi M. Buganan
provided for in Section 6 of DAO 59, series Ms. Rowena M. Rosales
of 1990." Ms. Rosario A. Cruz

for the assistance and cooperation they have given in th~

preparation and compilatio~ 1.1l1i.§..!rimer on Illegal Loggzng.

Atty, ~~
Chief, R sech and Legal Opinion Division
Legal Service
Member, EN -DOJ Central Committee Secretariat

32