FORESTRY RELATED LAWS

PROHIBITED ACTS AND PENALTIES

APO KITAN
YO! NAGENJOY
NU AWAN
ILLEGAL
 Presidential Decree No. 705
Section 68 (renumbered as Section 77)
 Cutting, gathering, collecting, removing TIMBER OR
OTHER FOREST PRODUCTS from any
FORESTLAND without authority, or
 Cutting, gathering, collecting, removing TIMBER from
alienable or disposable public land, or from private
land without authority, or
 Possess TIMBER OR OTHER FOREST PRODUCT
without the legal documents
 CORRESPONDING PENALTY FOR
VIOLATION OF SECTION 68 (77)

 Penalty for QUALIFIED THEFT (Article

309 of the RPC, in relation to Article 310 of
RPC)
- two degrees higher than the penalty for
ordinary theft
 VALUE OF PENALTY FOR
PROPERTY ORDINARY
STOLEN THEFT (ART. 309)
More than Php 200 to Php 6 months and 1 day to 4
6,000 years and 2 months
(pris. Corr.min and med)

More than Php 6,000 to 2 years, 4 months and 1

Php 12,000 day to 6 years
(pris. Corr. Med and max)

More than Php 12,000 to 6 years and 1 day to 10

Php 22,000 years
(pris. Mayor min and
med)
More than Php 22,000 10 years and 1 day to 12
years
(prision mayor max)
 VALUE OF PENALTY FOR PENALTY FOR
FOREST ORDINARY QUALIFIED
PRODUCTS THEFT (ART. 309) THEFT (ART. 310)
More than Php 200 to Php 6 months and 1 day to 4 12 years and 1 day to 17
6,000 years and 2 months years and 4 months (rec.
(pris. Corr.min and med) temp. min and med)

More than Php 6,000 to 2 years, 4 months and 1 14 years, 8 months and 1
Php 12,000 day to 6 years day to 20 years
(pris. Corr. Med and max) (rec temp med and max)

More than Php 12,000 to 6 years and 1 day to 10 20 years and 1 day to 33
Php 22,000 years years and 4 months
(pris. Mayor min and (reclusion perpetua min
med) and med)
More than Php 22,000 10 years and 1 day to 12 33 years, 4 months to 40
years years
(prision mayor max) (reclusion perpetua max)
In prosecuting criminal cases
involving violations of PD 705 and
other forestry laws, the Rules of
procedure for Environmental Cases
(A.M. No. 09-6-8-SC) should apply
Under DAO 32, Series of 1997 (pursuant to
Section 68-A [renumbered as 77-A] of PD 705)
ACTS PUNISHABLE:
REMOVING, CUTTING COLLECTING,
PROCESSING and/or TRANSPORTING forest
products
a) Without the requisite authorization or permit;
b) With incomplete required supporting documents;
c) With genuine authorizations or permits and/or
supporting documentation that have an expired
validity, have been cancelled or that contain forged
entries;
d) With spurious (fake) authorizations, permits and/or
supporting documentation
The required documents MUST
accompany the forest products AT
ALL TIMES
PENALTY:
CONFISCATION of the forest
product/s, conveyance, tools,
equipments and other implements
used
 Section 69 (renumbered as Sec. 78)
ACTS PUNISHABLE:
1. Kaingin in forest or pasture land;
PENALTY (FIRST OFFENSE):
a) IMPRISONMENT for not less than two (2) nor
more than four (4) years and a
b) FINE equal to eight (8) times the regular forest
charges due on the forest products destroyed
SECOND OFFENSE: Maximum of imposable
penalty
THIRD OFFENSE: Double the maximum
2. Destruction of forest land or grazing land or
part thereof, or

3. Causing any damage to the timber stand and other

products and forest growth found therein;

4. Assisting, aiding or abetting any other person to do

the aforementioned acts;

5. Setting a fire, or negligently permitting a fire to be

set in any forest land or grazing land;

6. Refusal to vacate the area when ordered to do so.

PENALTIES:

a) Fine of Php 500 to Php 20,000; and

b) Imprisonment for not less than six (6) months
nor more than two (2) years for each offense,
and
c) Payment of ten (10) times the rental fees and
other charges which would have accrued had the
occupation and use of the land been authorized
under a license agreement, lease, license permit
d) Eviction from the premises
 Section 70 (renumbered as Sec. 70)
ACTS PUNISHABLE:
• Grazing or causing to graze livestock without
authority from any permit or lease in:
- forest lands
- grazing lands and
- alienable and disposable lands which have
not yet been disposed of in accordance with
the Public Land Act
 PENALTIES FOR VIOLATION OF
SECTION 70 (79):

1. Imprisonment for six (6) months to two (2)

years; and
2. Fine equal to ten (10) times the regular
rentals due; and
3. Confiscation of such livestock and all
improvements introduces in the area in favor
of the government
 Section 71 (renumbered as Section 80)
ACTS PUNISHABLE:
1. ILLEGAL OCCUPATION for any length of time of
any portion of the national parks system;
2. CUTTING, DESTRUCTION, DAMAGING OR
REMOVING timber or any species of vegetation or
forest cover and other natural resources found therein;
3. MUTILATION, DEFACEMENT OR DESTRUCTION
of objects of natural beauty or of scenic value within
areas in the national parks system;
4. HURTING, UNAUTHORIZRED CAPTURING OR
KILLING of any kind of bird, fish or wild animal life
within the area in the national parks system
PENALTIES:
a) FINE of Php500 to Php20,000 exclusive of the
value of the thing damaged;
b) RESTORATION OR COMPENSATION
FOR THE RESTORATION of the damage if
the area requires rehabilitation or restoration;
c) EVICTION of the offender from the land;
d) FORFEITURE in favor of the government of
all timber or any species or vegetation and
other natural resources collected or removed,
and any construction or improvement made
thereon by the offender
AND LOOKING FORWARD TO
OUR CONTINUOUS
PARTNERSHIP IN
PROTECTING OUR NATURAL
RESOURCES AGAINST
ILLEGAL ACTIVITIES……

GOD BLESS US ALL

REPUBLIC ACT No. 9175
CHAINSAW ACT
 REGISTRATION OF CHAINSAW
• Owners of chainsaw must register with the DENR
through any of its CENRO who shall issue the
corresponding Certificate of Registration if such
person/s, partnership or corporations are qualified.

• Certificate of Registration shall serve as the permit to

own, posses and/or use the registered chainsaw.

• Registered chainsaws maybe leased, rented or lent for a

legal purpose, subject to the approval of the CENRO
concerned.
 REPUBLIC ACT No. 9175
(Chainsaw Act)
PUNISHABLE ACT PENALTY
1. Selling, Purchasing, IMPROSENMENT of four (4)
Reselling, Transferring, years, two (2) months and one (1)
Distributing or Possessing day to six (6) years; or
a Chainsaw without a FINE of not less than ₱15,000.0 -
PROPER PERMIT ₱30,000.0; or
BOTH;
CONFISCATION of the chainsaw/s
in favor of the government
 REPUBLIC ACT No. 9175
(Chainsaw Act)
PUNISHABLE ACT PENALTY

2. Unlawful Importation or IMPRISONMENT of one (1) month

Manufacturing of – six (6) months; and
Chainsaw FINE ₱1,000.0 - ₱4,000.0.

3. Tampering of Engine IMPRISONMENT of one (1) month

Serial Number – six (6) months; and
FINE of not less than ₱1,000.0 -
₱4,000.0
 REPUBLIC ACT No. 9175
(Chainsaw Act)
PUNISHABLE ACT PENALTY

4. Unauthorized possession IMPRISONMENT of six (6) years

of chainsaw and and one (1) day – eight (8) years; and
unauthorized se thereof to
cut trees and timber in FINE of not less than ₱30,000.0 -
forest land or elsewhere ₱50,000.0; or

BOTH;

CONFISCATION of the chainsaw

in favor of the government.
Person Authorized to own, possess and use chainsaws

Holder of as subsisting Timber License Agreement, Production

Sharing Agreement, Co-production Sharing Agreement, or Private
Land Timber Permit/Special Private Land Timber Permit,
Community-based Forest Management Agreement (CBFMA),
Integrated Forest Management Agreement (IFMA), Socialized
Industrial Forest Management Agreement (IFMA), or other similar
tenurial instruments;

Orchard or fruit tree farmer;

Industrial tree farmer;

Person Authorized to own, possess and use chainsaws

Licensed wood processor and the chainsaw shall be used for the
cutting of timber that has been legally sold to said applicant;

Any one who shows satisfactory proof that the possession and/or
use of chainsaw is for legal purpose;

Agencies of the government, government-owned and controlled

corporations (GOCCs) that use chainsaws in some aspects of their
functions;
 Requirements for Registration

1. Duly accomplished form;

2. Detailed specification of the chainsaw (brand, model, engine

capacity, serial number, date of purchase, name of dealer);

3. Purpose of use, areas/location where it is to be used, name of

owner;

4. Proof of ownership (sales invoice, deed of sale, etc. );

5. Registration Fee of ₱500.0;

 Requirements for Registration

1. Copy of Tenurial instrument;

2. Copy of CTPO;
3. Certification of Brgy. Captain concerned that applicant is an
orchard or tree farmers;
4. Copy of approved Wood Processing Plant Permit;

5. Certification from Head of Office that the chainsaw are

owned/possessed by the Office and used for legal purpose
(specify);

6. Copy of the Business Permit from the LGU or Affidavit that the
chainsaw is needed in applicant’s work/profession and will be used
for legal purpose.
 AUTHORITY/PERMIT TO CUT AND
TRANSPORT DOCUMENTS REQUIRED
BY FOREST LAWS AND REGULATIONS
 Authority to Cut, Gather, Authority or Permit to
Subject REFERENCE
Collect and Remove Transport
Planted trees Tree Cutting/Harvesting 1. Certificate of Lumber Memorandum
within public Permit [with approved Origin (CLO); dated February 5,
2. Certificate of Timber
forest/ Community resource 2013 from
Origin (CTO);
timberland Management Framework - Tally sheets, Delivery ASEC/Chief of
covered by (CRMF); Resource Use Receipts, Forest Charges, Staff
tenurial Plan/Permit (RUP)] CTA if necessary.
instruments
Non-timber 1. Certificate of Verification DAO 1994-07
derived from (COV) Dated February
private lands - Brgy. Certification; 17, 1994
- Inspection Report of
Forest
Officer;
- Tally sheet
Finished, 1. Delivery Receipts/Sales DAO 1994-07
Semi-finished Invoice (BIR Registered)
or knock down - to be accompanied by
forest products tally sheets
 Authority to Cut, Gather, Authority or Permit to
Subject REFERENCE
Collect and Remove Transport
Planted trees CTPO – Certificate of Self-Monitoring Form (SMF) Department
within Titled or Tree Plantation Ownership  Certified photocopy of the Memorandum
Tax Declared CTPO; Circular 9DMC)
A&D lands  Tally Sheets No. 20, series of
except premium  Certificate of Transport 1990
species Agreement, if necessary ;
 SPA, if the Transporter is
not the owner himself

Planted trees Certificate of Verification DAO No. 79-1990

within titled or (COV) (Deregulation of
tax declared  Brgy. Certification; tree harvesting of
A&D lands  Inspection Report of Forest timber planted in
(non-premium Officer; private lands to
species)  Tally sheet; give incentives to
 Certificate of Transport tree farmers and
Agreement if necessary; promote planting
 SPA, if the transporter is not of trees by owners
the owner himself. of private lands)
 Authority to Cut, Gather, Authority or Permit to
Subject REFERENCE
Collect and Remove Transport
Naturally- PLTP/SPLTP (Special/ 1. Certificate of Lumber DAO 2000-21
grown trees Private Land Timber Origin (CLO); (Guidelines in the
and planted Permit) issuance of
premium ** subject to clearance PLTP/SPLTP)
hardwood from the USEC
species in 2. Certificate of Timber DAO 1994-07
private lands PREMIUM SPECIES: Origin (CTO) (Revised
Narra, Supa, Lumbayao, - Tally sheets, Delivery guidelines in the
Molave, Tindalo, Mangis, Receipts, Forest Charges, issuance of
CTA if necessary
Dao, Banuyo, Betis, Certificate of
Kamagong, Bolong-eta, Logs, Timber,
Apalit, Lanete, Kalantas, Lumber and Non-
Akle, Teak, Sangilo Timber Forest
Products)
 Requirements of Tree Cutting Permit
1. Request letter from applicant;
2. Inspection Report of CENRO Technical Personnel
(CSW);
3. Tally sheet of the Inventoried trees;
4. Stand and stock table;
5. All reports must be subscribed by CENRO;
6. Pictures: First and last trees inventoried and
marked on the ground and panoramic view, other
relevant photos;
7. Indorsement from LGU concerned.
 ….for Infrastructure Development

1. Copy of Project Development Plan;

2. ECC as the case maybe;
3. Sketch Map/Chart Map of trees to be cut in relation to
the proposed project;
4. Compute forest charges of naturally grown trees;
5. Consent of affected private land owners;
6. Justifications as to the benefits and impacts of the
project vis-à-vis Social, Economic and Environmental
Impact;
7. CERTIFCATION that no outstanding nor anticipated
issues from ay sector against the tree cutting.