PRESIDENTIAL DECREE NO. 705

THE REVISED FORESTRY CODE

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 is illegal logging?

What are the offenses punished?

Acts Punished

(Mode)

Subject Source Basis of

Offense1. 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.

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.

What is “Timber”?

at least 1.5 meters long

at least 15cm diameter

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.

What is “Squared Timber” or “Lumber”?

Lumber or Squared Timber

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 DURATIONMore than P22,000 Reclusion Temporal in

its medium and maximum periods (Maximum)

18yrs. 2mos. & 21days to 20yrs.

(1yr for each additional P10,000 but total penalty shall not exceed 20yrs.)

More than P12,000 up to P22,000

Reclusion Temporal in its medium and maximum periods.

14yrs. 8mos. & 1day

to 20yrs.

More than P6,000 up to P12,000

Prision Mayor in its maximum period to Reclusion Temporal in its medium period.

10yrs. & 1day

to 12yrs.

More than P200

up to P6,000

Prision Mayor in its medium and maximum periods.

8yrs. & 1day

to 12yrs.

VALUE PENALTY DURATIONP5 or less Prision Correctional in

its medium and maximum periods.

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

Fine: P500 to P20,000 Imprisonment: 6mos

to 2yrs Payment of rent:

10times the rental fees and other charges

- 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

ACTS PUNISHED PENALTY- Making kaingin for his own private use or for others

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. 69 – Cont.

Sec. 70. Pasturing Livestock Without Authority

ACTS PUNISHED PENALTY

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

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 PENALTY

- 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

Fine: P200 to P500

Restoration of the Damaged Area

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ILLEGAL LOGGING!

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