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PRESIDENTIAL DECREE

NO. 705

THE REVISED
FORESTRY CODE

ILLEGAL
LOGGING

What is illegal logging?


Sec. 68. Cutting, Gathering And/or
Collecting Timber or Other Forest
Products Without License.
Any person who shall cut, gather, collect, remove timber
or other forest products from any forest land, or timber
from alienable or disposable public land, or from private
land without any authority, or possess timber or other
forest products without the legal documents as required
under existing forest laws and regulations, shall be
punished

What are the offenses


punished?
Acts Punished
Subject
Source
Basis of
(Mode)

Offense

1.

Cutting,
Gathering,
Collecting,
Removing

Timber or
Other Forest
Products

Any Forest Land


(Public)

Without
Authority

2.

Cutting,
Gathering,
Collecting,
Removing

Timber

Alienable or
Disposable Public
Land;
Private
Land/Property

Without
Authority

3.

Possession

Timber or
Other Forest
Products

All

Without the Legal


Documents as
required under
existing forest
laws.

What is Timber?
any piece of wood having an average diameter
of at least 15 centimeters and at least 1.5
meters long, except all mangrove species which
in all cases, shall be considered as timber
regardless of size.
at least 15cm
diameter

at least 1.5
meters long

What is Squared Timber or


Lumber?
Timber

timber squared with an ax or


other similar mechanical
hard tool in the forest and
which from the size of the
piece and the character of the
wood is obviously unfit for
use in that form. Such
timber should be invoiced or
otherwise manufactured; if
not, it should be assessed as
manufactured timber.

Lumber
or
Squared
Timber

What is meant by Forest


Product/s?
timber, pulpwood, firewood,
bark, tree top, resin, gum,
wood, oil, honey, beeswax,
nipa, rattan, or other forest
growth such as grass, shrub,
and flowering plant, the
associated water, fish, game,
scenic, historical,
recreational and geologic
resources in the forest lands.

What is meant by Authority?


the authority to cut, gather, collect or

remove timber or other forest products


from any forest land, or timber from
alienable or disposable public land or from
private land may be in the form of any
license agreement or permit issued by the
Secretary of the DENR or by his duly
authorized representatives.

Examples of Licenses or Permits:

Timber License Agreement (TLA)


Private Land Timber Permit (PLTP)
Special Private Land Timber Permit (SPLTP)
Gratuitous Timber License
Mangrove Cutting Permit (MCP)
Special Cutting Permit
Minor Forest Products License
Harvesting Permit

Examples of Special Permits:

Permit to cut narra and other premium


hardwood in the forest areas, civil/military
reservations or resettlement areas.

Permit to cut narra and other premium


hardwood found (natural growth) in private
lands.

What are the Legal Documents required in


the possession of Timber or Other Forest
Products?

Transport Documents
- Logs or Flitches
- Lumber
- Non-Timber (or Minor) Forest Products
Certificates of Origin
Certificate of Transport Agreement

Who are the persons liable?

the cutter
the gatherer
the collector
the remover
the possessor or any and all persons who
appear to be responsible for the commission
of offense defined in Sec. 68.
in case of partnerships, associations, or
corporations, the officers who ordered the
cutting, gathering, collection or possession.

What are the Penalties Imposed?

the offenders shall be


punished with the penalties
imposed under Arts. 309 &
310 of the Revised Penal
Code.
Art. 309 of RPC prescribes
the penalties for the crime
of THEFT.
Art. 310 defines the crime
of QUALIFIED THEFT.

VALUE

PENALTY

DURATION

More than P22,000 Reclusion Temporal in its 18yrs. 2mos. & 21days
medium and maximum
to 20yrs.
periods (Maximum)
(1yr for each additional
P10,000 but total penalty
shall not exceed 20yrs.)
More than P12,000 Reclusion Temporal in its 14yrs. 8mos. & 1day
up to P22,000
medium and maximum
to 20yrs.
periods.
More than P6,000
up to P12,000

Prision Mayor in its


10yrs. & 1day
maximum period to
to 12yrs.
Reclusion Temporal in its
medium period.

More than P200


up to P6,000

Prision Mayor in its


medium and maximum
periods.

8yrs. & 1day


to 12yrs.

VALUE
P5 or less

PENALTY
Prision Correctional in
its medium and
maximum periods.

DURATION
2yrs. 4mos. & 1day
to 6yrs.

In case the value does not exceed P5 and the


offender shall have acted under the impulse of
hunger, poverty or the difficulty of carrying a
livelihood for the support of himself or his
family, the penalty imposable is Arresto Menor
in its maximum period, or 21 days to 30 days.

Other offenses punished under


PD
705:

Sec. 69. Unlawful Occupation or Destruction


of Forest Lands and Grazing Lands
ACTS PUNISHED

PENALTY

- Enters and Occupies or Possesses forest


products for his own private use or for others
without authority

- In any manner destroys such forest land or


grazing land or part thereof, or cause any damage
to the timber stand and other products and forest
growth found therein

- Sets fire, or negligently permits a fire to be set


in any forest land or grazing land

Fine: P500 to P20,000


Imprisonment: 6mos
to 2yrs
Payment of rent:
10times the rental fees
and other charges

Sec. 69 Cont.
ACTS PUNISHED

- Making kaingin for his own


private use or for others

PENALTY

Imprisonment: 2yrs to 4yrs


Fine: Equal to 8 times the regular forest
charges due on the forest products
destroyed
Payment of the full cost of restoration of
the occupied area

Provided, further:
That the maximum penalty prescribed shall be imposed upon the
offender who repeats the same offense.
Double the maximum of the penalty upon the offender who commits the
same offense for the third time.

Sec. 70. Pasturing Livestock Without Authority


ACTS PUNISHED
- Graze or cause to graze
livestock in forest lands,
grazing lands and alienable and
disposable lands

PENALTY

Imprisonment: 6mos to 2yrs


Fine: Equal to 10 times the
regular rentals due
Confiscation of such
livestock and all
improvement in the area

Sec. 71. Illegal Occupation of National Park


System and Recreation Areas and Vandalism
Therein

ACTS PUNISHED
-

Occupying for any length of time any


portion of the national park system
In any manner cut, destroy, damage, or
remove timber or any species of
vegetation or forest cover & other
natural resources
Mutilate, deface or destroy objects of
natural beauty or of scenic value

PENALTY

Fine: P200 to
P500
Restoration of the
Damaged Area

Lets Help Stop

ILLEGAL LOGGING!

HELP PLANT

TREES!