VIOLATIONS UNDER P.D.

705, AS
AMENDED
&
SALIENT POINTS OF EXECUTIVE
ORDER NO. 23

FOR. DIRIE P. MACABANING

PRESIDENTIAL DECREE No. 705
“Revised Forestry Code”
May 19, 1975
Prohibited Acts and Elements
Section 77 – 87
 Section 77
1. Cutting, gathering, collecting or removing of timber
or other forest products from any forest land without
authority.

Elements:

a) there must be cutting, gathering, collecting or

removing of timber or other forest products;
b) the timber or other forest product is cut,
gathered, collected or removed from any
forest land; and
c) the cutting, gathering, collecting or removing is
without authority.
 Section 77
2.Cutting, gathering, collecting or removing
of timber from alienable or disposable public land
or from private land.

Elements:

a) there must be cutting, gathering,

collecting or removing of timber;
b) the timber is cut, gathered, collected or
removed from alienable or disposable
public or from private land; and
c) the cutting, gathering, collecting or
removing is without authority.
 Section 77
3. Possession of timber and other
forest products without legal
documents

Elements:
a) timber and/or other forest products
are found in possession of a person;
b) such person doest not have legal
documents.
Note:
1.ORIGINAL permit or transport
documents must ACCOMPANY
forest products (being moved
or transported) at ALL TIMES
(Section 2a ,DAO 97-32);
2.Apprehending Officers must
turn over the forest products to
DENR ( Rule 12 Rules of
Procedure for Environmental
Cases; April 29, 2010)
 Section 78
Unlawful occupation and destruction of forest lands
Elements:
a) Any person enters any forestlands
b) That person has no authority under a license agreement,
lease, license or permit;
c) That person do any of the following acts:
1. occupies or possesses or makes kaingin for his own
benefit or for others ;
2. in any manner destroys such forestlands ;
3. in any manner cause any damage to the timber stand, or
other products and forest growth found therein;
4. assists, aids, abets any other person to do so;
5. sets fire or negligently permits fire to be set therein;
6. refuses to vacate the area when ordered to do so.
 Section 79

Pasturing livestock without permit in forest lands

and alienable and disposable lands not yet disposed
of.

Elements:
a) The offender graze or cause to graze livestock in
forest lands, grazing lands and alienable and
disposable land not yet been disposed in
accordance with Public Land Act;
b) The offender is without authority under a lease
or permit.
 Section 80

Illegal occupation of National Parks System and

recreation areas and vandalism therein

Elements:
a) The offender in any manner cut, destroy,
damage or remove timber or any species of
vegetation or forest cover and other natural
resources found in the National Park system
and recreation area;
b) Such acts as above mentioned is without
any permit.
 Section 81

Destruction of Wildlife Resources

Element:
a) The offender violates the measures
adopted by the Department to
conserve wildlife.
 Section 82

Survey by Unauthorized Person

Elements:
a) A person enters any forestlands and
conduct or undertake a survey for
whatever purpose ;
b) Such survey is without permit
 Section 83

Misclassification and Survey by Government

Official or Employee

Elements:
a) A public officer or employee knowingly surveys,
classifies, or recommends the release of forest
lands as alienable and disposable lands ;
b) Such classification or recommendation is contrary
to the criteria and standards established or with
the existing rules and regulations on the matter.
 Section 84

Tax Declaration on Real Property

Elements:
a) A public officer or employee issues a tax declaration
on real property;
b) Such issuance is without a certification that the
land is alienable and disposable.
Exception: unless the property is titled or has been
occupied and possessed by members of the national
cultural minorities prior to July 4, 1955.
 Section 85

1. Coercing a public officer or employee to

commit violations of Section 83 and 84

Elements:
a) The offender coerces, influences, abets or
persuades a public officer or employee
referred to in Sections 74 and 75 ;
b) The public officer or employee was coerced,
influenced abetted or persuaded to violate
Section 83 and 84 of this Decree.
 Section 86

1. Unlawful Possession of Implements and Devices

Used by Forest Officers

Elements:
a) The offender:
(i) makes or manufacture government marking,
hatchet or other marking implement, or any marker,
poster, or other devices of the same kind; or
(ii) The offender is in possession of any government
marking, hatchet or other marking implement, or
any marker, poster, or other devices of the same
kind; or
 Section 86

3. The offender makes or manufacture, or in

possession of duplicate, counterfeit, or
imitated government marking, hatchet or
other marking implement, or any marker,
poster, or other devices of the same kind;

4. The offender makes or apply a government

mark on timber or any other forest products
by means of any authentic or counterfeit
device, or alter, deface, or remove
government marks or signs; or
 Section 86
5. The offender destroy, deface, remove or disfigure
any mark, sign, poster or warning notices set by the
Bureau which notices are used to designate the
boundaries of cutting areas, municipal or city forest
or pasture, classified timber land, forest reserve,
and areas under the national park system; or

6. The offender makes any false mark or imitate any

mark or sign which are used to designate the
boundaries of cutting areas, municipal or city forest
or pasture, classified timber land, forest reserve,
and areas under the national park system.
 Section 87

1. Payment, Collection and Remittance of

Forest Charges .

Element:

a) The offender fails to pay the amount due

and payable under the provisions of this Code,
the National Internal Revenue Code, or the
rules and regulations promulgated.
 Section 87

b) The offender:
i. Fails or refuses to remit to the proper
authorities said forest charges collectible
pursuant to the provisions of this Code or
the National Internal Revenue Code
ii. Delays, obstructs or prevents the
same,
iii. Orders, causes or effects the transfer
or diversion of the funds for purposes
other than those specified in this Code.
 EXECUTIVE ORDER NO. 23
February 1, 2011

Declaring a Moratorium on the Cutting

and Harvesting of Timber in the Natural
and Residual Forests and Creating the
Anti-illegal Logging Task Force
The DENR is prohibited from:
1. Issuing new logging stewardship
contracts/agreements;
2. Renewing tree cutting permits (with
exceptions)

Some exceptions:
Road right of way, Site preparation, Silvi-
cultural treatments and similar activities,
Indigenous practices; provided, All logs derived
therefrom shall be turned over to DENR
END