You are on page 1of 23

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, Timber or Any Forest Land Without
Gathering, Other Forest (Public) Authority
Collecting, Products
Removing
2. Cutting, Timber Alienable or Without
Gathering, Disposable Public Authority
Land;
Collecting,
Private
Removing
Land/Property
3. Possession Timber or All Without the Legal
Other Forest Documents as
Products 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 Lumber
or
not, it should be assessed as Squared
Timber
manufactured 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 18yrs. 2mos. & 21days
its medium and to 20yrs.
maximum periods (1yr for each additional
(Maximum) P10,000 but total penalty
shall not exceed 20yrs.)
More than P12,000 Reclusion Temporal in 14yrs. 8mos. & 1day
up to P22,000 its medium and to 20yrs.
maximum periods.
More than P6,000 Prision Mayor in its 10yrs. & 1day
up to P12,000 maximum period to to 12yrs.
Reclusion Temporal in
its medium period.
More than P200 Prision Mayor in its 8yrs. & 1day
up to P6,000 medium and maximum to 12yrs.
periods.
VALUE PENALTY DURATION
P5 or less Prision Correctional in 2yrs. 4mos. & 1day
its medium and to 6yrs.
maximum periods.

 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  Fine: P500 to P20,000
products for his own private use or for others  Imprisonment: 6mos
without authority to 2yrs
- In any manner destroys such forest land or  Payment of rent:
grazing land or part thereof, or cause any damage 10times the rental fees
to the timber stand and other products and forest and other charges
growth found therein
- Sets fire, or negligently permits a fire to be set
in any forest land or grazing land
 Sec. 69 – Cont.
ACTS PUNISHED PENALTY
- Making kaingin for his own  Imprisonment: 2yrs to 4yrs
private use or for others  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 PENALTY

- Graze or cause to graze  Imprisonment: 6mos to 2yrs


livestock in forest lands,  Fine: Equal to 10 times the
grazing lands and alienable and regular rentals due
disposable lands  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 PENALTY

- Occupying for any length of time any  Fine: P200 to


portion of the national park system P500
- In any manner cut, destroy, damage, or  Restoration of the
remove timber or any species of Damaged Area
vegetation or forest cover & other
natural resources
- Mutilate, deface or destroy objects of
natural beauty or of scenic value
Let’s Help Stop
ILLEGAL LOGGING!
HELP PLANT
TREES!

You might also like