4.5.1 Forestry Laws

Lesson 4.5.
1 Forestry Laws
Presidential Decree (PD) 705

Revised Forestry Code, as
amended
Lesson 4.5.1 Forestry Laws
Lesson Goal
This lesson is intended to provide the

participants with basic knowledge on the
provisions on laws relative to the preservation
and protection of environment particularly the
Revised Forestry Code of the Philippines.
Lesson Objectives
After this lesson, the participants will be
able to:
1. Discuss the background of Philippine
Forestry Code;
2. Discuss the policy declared by the state;
3. Discuss the important terminologies;
and
4. Discuss the prohibited acts with the
corresponding penalties under the
Forestry Code.
Scope of Presentation
A. Background
B. Policy
C. Definition of Terms
D. Prohibited Acts
E. Penalties
I. Background
 Presidential Decree 705 Revised Forestry
Code as amended section 68, by Executive
Order 277
 Executive Order No. 23 issued on 01 February
2011
• moratorium on the cutting and harvesting
of timber
• creating the Anti-Illegal Logging Task
Force.
I. Background
 Executive Order No. 26 issued on 24 February
2011
• National Greening program (NGP)
 Executive Order No. 263 issued in 1995

• adopted the community based forest
management
Background (Cont.)
 Other relevant environmental laws
• Republic Act No. 7586 NIPAS Act
• Republic Act No. 9147 Wildlife Resources
Conservation
• PD No. 1586 Philippine EIS System
• Republic Act No. 6969 Toxic Substances and
Hazardous and Nuclear Wastes Control
• Republic Act No. 8749 Philippine Clean Air
Act
• Republic No. 8371 The Indigenous. Peoples'
Rights Act
II. Policies
1. Multiple uses of forest lands - oriented to
the development and progress
requirements of the country
2. Systematized and hastened land

classification and survey
3. Establishment of wood-processing plants

shall be encouraged and rationalized
4. Emphasized protection, development and

rehabilitation of forest lands
III. Definition of Terms

ALIENABLE and DISPOSABLE PUBLIC LAND
- lands of the public domain declared as
not needed for forest purposes
FOREST PRODUCT
- resources in forest lands
FORESTLANDS
- lands as needed for forest purposes
TIMBER
- wood (15 cm in diameter and at least 1.5
meters long)
- all mangrove species regardless of size
IV. Prohibited Acts

There are 3 kinds of violations under
Section 68 of PD 705 as amended by EO 277
Series of 1987.
“EO 277 - Amending section 68 of

Presidential Decree 705, as amended,
otherwise known as the Revised Forestry Code
of the Philippines, for the purpose of penalizing
possession of timber or other forest products
without the legal documents.”
Prohibited Acts: Section 68

Cut Timber or other forest products in
Gather forest lands without any permit
Collect
Remove
Cut Timber in public or private lands

Gather without a permit
Collect
Remove
Mere Timber or other forest products

possession without a permit
Persons Liable under Sect. 68

Cutter
Gatherer
Collector
Remover
Possessor
In the case of partnerships, associations, or
corporations: the officers who ordered the
cutting, gathering, collection or possession
V. Penalties: Section 68
Penalties:
 Articles 309 (Theft) and 310 (Qualified
Theft) of the Revised Penal Code:
 Penalty depends on the value of the
thing stolen;
• arresto menor to reclusion temporal
for theft
• 2 degrees higher for qualified theft

Penalties: Section 68 (Cont.)

1. Application and Graduation of penalties:
Penalty:
• Imprisonment with confiscation of
effects of the crime and conveyances
used in the commission of the crime
• The application is based on the value

of timber and/or forest product

2. Graduation of penalties based on the value:
Value Imprisonment
Over P200 to P6,000 8 years and 1 day to 12 years
Over P6,000 to P12,000 10 years and 1 day to 12 years

Over P12,000 to 14 years, 8 months and 1 day to 20 years
P22,000
Over P22,000 15 years, 2 months and 21 days to 20
years (1 year is added for every P10,000
in addition to P22,000 provided the
imprisonment will not exceed 20 years)

3. Confiscation of Effects and Conveyance
a. Covers both the effects and the

conveyance.
b. Two Modes: Judicial and Administrative


(Cont.)
a.. Judicial Confiscation
- in favor of the government:
1) timber or any forest products
2) machinery, equipment, implements and

tools illegally used in the area

(Cont.)
a. Administrative Confiscation --- The DENR

Head or his duly authorized representative,
may order the confiscation of:
1) any forest products
2) all conveyances used either by land,

water or air
Regulations on Certain Species

Species Type Management Status Applicable
Regulation
Narra Cutting/harvesting is DAO 93-58;
strictly regulated DENR MC No. 90-22
Almaciga Banned DAO 87-74
Kalantas, lanete, Allowed only on private DAO 87-78;
dao, betis lands DAO 92-46
Bolong-eta, Cutting in public forest Act No. 3572,
kamagong, when less than 60 cm November 26, 1929
lumbayao, ipil, in diameter measured
sangilo, manggis at four feet from the
supa ground
Regulations on Certain Species (Cont.)

Regulation
Tindalo, akle, Cutting in public forest Act No. 3572,
molave when less than 60 cm November 26,
in diameter measured 1929
at four feet from the
ground
Regulations on Certain Species (Cont.)

Regulation
Fruit trees (Incl: Permit to cut needed Act No. 2812 (1919)
macopa, yambo,
boboa, alupag,
batuan, mangostan,
pili, balobo, guyabas,
durian, baluno, bulala,
gumihan, marang,
nangka, lansones,
mabolo, alupag-amo,
pajo/pajutan
All mangrove species Cutting of all mangrove RA 7161
species is prohibited
OTHER PROHIBITED ACTS

Acts Imprisonmen Fines, Confiscation, or
t Forfeiture
Unlawful Minimum: Not Fine of not more than Php
occupation or less than 6 500.00 nor more than Php
destruction of mos. 20,000.00 and payment of ten
public lands and Maximum: Not times the rental fees and other
grazing lands more than 2 charges; eviction of offender;
(without permit) years forfeiture of improvements,
(formerly Sec. vehicles, domestic animals
69) and equipments

Imprisonment Fines, Confiscation, or
Forfeiture
Minimum: Not less Fine equal to ten times
Pasturing than 6 mos. the regular rental dues;
livestock Maximum: Not more confiscation of livestock
(formerly than 2 years and improvements
Sec. 70)
Kaingin Minimum: Not less than 2 Fine equal to eight times

years the regular forest charges
Maximum: Not more than due
4 years

Fines, Confiscation, or Forfeiture
Illegal occupation of
national parks Fine not less than Php 500.00 and not more
system and than Php 20,000.00 exclusive of the value of
recreation areas and the damaged thing; rehabilitation of the area;
vandalism including eviction of offender; confiscation of natural
capture or kill any resources removed, forfeiture of construction
kind of bird, fish or or improvements.
wild animal life
without proper permit

Fines, Confiscation, or Forfeiture
Destruction Fine not less than Php 100.00 for each
of Wildlife violation; denial of permit for 3 years
Resources from date of violation

Imprisonment
Fines,
Confiscation, or
Survey by Forfeiture
unauthorized Minimum: Not less Confiscation of
person of than 2 years implements used
forest lands Maximum: Not in the survey
(formerly Sec. more than 4 years
73)
Imprisonment Fines,
Misclassification Confiscation, or
by government Forfeiture
employee Not less than 1 Dismissal from
(forestland as year service; fine not less
alienable & than Php 1,000.00;
disposable) survey null and void
(formerly Sec. 74)

Tax declaration Imprisonment Fines,
on real property Confiscation, or
issued by public Forfeiture
officer or Minimum (Not Perpetual
employee less than 2 disqualification from
without years) holding an elective
certification from Maximum (Not and appointive and
the director of more than 4 appointive office
forestry (Sec. years)
84)

Imprisonment Fines,
Confiscation, or
Coercion Forfeiture
and Minimum (Not less Perpetual
influence than 2 years) disqualification from
Maximum (Not more holding an elective
than 4 years) and appointive and
appointive office
Summary
At the end of this lecture, we were able to;
 Discuss the background of Philippine

Forestry Code;
 Discuss the policy declared by the state;
 Discuss the important terminologies; and
 Discuss the prohibited acts with the

corresponding penalties under the
Forestry Code.
THANK YOU!

4.5.1 Forestry Laws

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

4.5.1 Forestry Laws

Uploaded by

Copyright:

Available Formats

Lesson 4.5.

Presidential Decree (PD) 705

This lesson is intended to provide the

 Executive Order No. 263 issued in 1995

2. Systematized and hastened land

3. Establishment of wood-processing plants

4. Emphasized protection, development and

III. Definition of Terms

IV. Prohibited Acts

“EO 277 - Amending section 68 of

Prohibited Acts: Section 68

Cut Timber in public or private lands

Mere Timber or other forest products

Persons Liable under Sect. 68

• 2 degrees higher for qualified theft

Penalties: Section 68 (Cont.)

• The application is based on the value

Penalties: Section 68 (Cont.)

Over P6,000 to P12,000 10 years and 1 day to 12 years

Penalties: Section 68 (Cont.)

a. Covers both the effects and the

b. Two Modes: Judicial and Administrative

3. Confiscation of Effects and Conveyance

a.. Judicial Confiscation

- in favor of the government:

1) timber or any forest products

2) machinery, equipment, implements and

3. Confiscation of Effects and Conveyance

a. Administrative Confiscation --- The DENR

1) any forest products

2) all conveyances used either by land,

Regulations on Certain Species

Regulations on Certain Species (Cont.)

Species Type Management Status Applicable

Regulations on Certain Species (Cont.)

OTHER PROHIBITED ACTS

OTHER PROHIBITED ACTS

Kaingin Minimum: Not less than 2 Fine equal to eight times

OTHER PROHIBITED ACTS

OTHER PROHIBITED ACTS

OTHER PROHIBITED ACTS

OTHER PROHIBITED ACTS

OTHER PROHIBITED ACTS

OTHER PROHIBITED ACTS

 Discuss the background of Philippine

 Discuss the policy declared by the state;

 Discuss the important terminologies; and

 Discuss the prohibited acts with the

You might also like