Department of Environment and Natural Resources Region 7, Central Visayas

FORESTRY LAWS
By:

Forester Luisito T. Babaran, LLB, Ph.D. Sr. Forest Management Specialist Chief, Special Land Use Section DENR-7, Banilad, Mandaue City (032) 3469104/3466101/09265071224

National Forestry Situationer

The Philippines has a total land area of 30 million hectares 53 percent or 15.88 million hectares are forestlands

47 percent or 14.12 million hectares are alienable and disposable lands

Forest Statistics
FOREST COVER
1934 1970 1980 1990 1997 1935 1970 1990 1988 17 M has. with 11 M has. virgin forest 10.4 M has. 7.4 M has. 6.7 M has. with 984,100 has. virgin forest 5.59 M has. with 800,000 has. virgin forest

POPULATION
15 M 35 M 62 M 17.4 M

DEFORESTATION RATE
1800s 1940s 1960s 1980s 50,000 has./year 100,000 has./year 300,000 has./year 100,000 has./year

are forest occupants with 8.5 M occupied in forestland

Status of Philippine Mangroves

1918 1997

450,000 hectares

(Brown and Fisher, 1920)

only 112,400 hectares (24.97%) remains!!!

(Phil. Forestry Statistics, 1998)

! loss is largely due to fishpond conversion of mangroves ! reclamation for residential, commercial & industrial purposes and excessive harvesting of trees for fuel

1987 Philippine Constitution

The constitution provides for the protection and advancement of the right of the people to a balanced and healthy environment in accord with the rhythm and harmony of nature (Art. 2, Sec. 16). It also provides to protect the Filipino from disasters like floods or landslides, and from threats to environmental and economic security like wood and water shortage, biodiversity loss, air pollution and drought.

Presidential Decree No. 705,

otherwise known as the Revised Forestry Code of the Philippines as amended by Executive Order No. 277, Series of 1987, provides:

SEC. 77. Cutting, Gathering and/or collecting timber, or other forest products without license. Any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and disposable 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 with the penalties imposed under Articles 309 (theft) and 310 (qualified theft) of the Revised Penal Code: Provided, that in case of partnerships, associations, or corporations, the officers who ordered the cutting, gathering, collection or possession shall be liable, and if such officers are aliens, they shall in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation.

The Court shall further order the confiscation in favor of the government of the timber or any forest products cut, gathered, collected, removed, or possessed, as well as the machinery, equipment, implements and tools illegally used in the area where the timber or forest products are founds.

It must be noted that the afore-quoted law even prohibits private land owners from cutting, collecting, gathering and removing naturally growing timber within their private land without any authority under a license agreement, lease, license, or permit issued by the DENR.

There are, however, three ways or modes of committing it. These are:
1. Cutting, gathering, collecting or removing of timber or other forest products from any forest land without authority.

Element 1

Element 2 the timber or other forest products is cut, gathered, collected or removed from any forest land

Element 3

there must be cutting, gathering, collecting or removing of timber or other forest products

the cutting, gathering, collecting or removing is without authority

2. Cutting, gathering, collecting or removing of timber from alienable or disposable public land or from private land Element 1 Element 2 the timber is cut, gathered, collected or removed from (i) alienable or disposable public land or (ii) from private land Element 3

there must be cutting, gathering, collecting or removing of timber

the cutting, gathering, collecting or removal of timber is without authority

The cutting of timber even from private or titled lands requires a license or permit (for those naturally grown trees).

3. Possession of timber or other forest products without the legal documents as required under existing forest laws and regulations Element 1 Element 2 His possession of timber or other forest products is without the legal documents as required under existing forest laws and regulations

The accused possessed timber or other forest products

In this mode, the source of timber or other forest products is not specified. The provisions is silent as to the source, under this mode, can only imply that all types of land are covered. The intent of the law is to punish the mere act of possessing timber and other forest products without legal documents, whatever may be the source. Accordingly, unlawful possession of timber or forest products comes from public forest land, alienable and disposable land, or even private land.

Persons Liable
cutter gatherer collector remover possessor or any and all persons who appear to be responsible for the commission of the offense (owners of conveyances and owners of tools and implements) in case of partnership, associations, or corporations, the OFFICERS who ORDERED the cutting, gathering, collection or possession.

BASIS AND PENALTIES FOR ILLEGAL LOGGING

The basis of the penalty for illegal logging, as theft and qualified theft, is the value of the timber or forest products subject of the offense. The penalty is imprisonment from arresto menor to reclusion temporal. The duration of the penalties are shown in the following table.

Penalties for Illegal Logging

VALUE
More than P22,000.00

PENALTY
Reclusion Temporal in its medium and maximum periods Reclusion Temporal in its medium and maximum periods Prision Mayor in its maximum period to Reclusion Temporal in its minimum period Prision Mayor in its medium and maximum periods Reclusion Temporal in its medium and maximum periods Reclusion Temporal in its medium and maximum periods Prision Correccional in its medium and maximum periods

DURATION
18 yrs. 2 mos. & 21 days to 20 yrs (1 yr for each addl P10,000.00 but total penalty shall not exceed 20 yrs) 14 yrs. 8 mos. & 1 day to 20 yrs. 10 yrs. & 1 day to 12 yrs.

More than P12,000.00 up to P22,000.00 More than P6,000.00 up to P12,000.00 More than P200.00 up to P6,000.00 More than P50.00 up to P200.00

8 yrs. & 1 day to 12 yrs. 8 yrs.& 1 day to 14 yrs. & 8 mos. 8 yrs. & 1 day to 12 yrs.

More than P5.00 up to P50.00

P 5 or less

2 yrs. 4 mos. & 1 day to 6 yrs.

PERMITS ISSUED IN CUTTING TREES:

In timberland areas, tree cutting is legalized under: 1. Naturally-grown a) Timber License Agreement (TLA) Timber License Agreement (TLA) is the most popularly known authority granted by the government for the extraction of timber. It is a long term license which entitles the grantee to cut, remove, and utilize timber in public forest for a duration of 10 to 25 yrs. The government receives a fixed license fee and does not share in the timber produced. Integrated Annual Operations Plan (IAOP)

In timberland areas, tree cutting is legalized under:

2. Plantations a) IFMA/SIFMA (DENR Adm. Order No. 99-53) Comprehensive Development and Management Plan (CDMP) Harvesting Plan ECC Permit to Harvest b) CBFMA (DENR Adm. Order No. 2000-29) Affirmed Community Resource Management Framework (CRMF) Annual Work Plan (AWP) ECC Resource Use Plan (RUP)

In private lands, tree cutting is legalized under:

1. Naturally-grown a) Private Land Timber Permit [PLTP] (DENR Adm. Order No. 2000-21) Letter of application Authenticated copy of land title/CLOA with approved sketch map Development plan for 10 hectares or larger with at least 50% of the area covered with forest trees Endorsement from LGU Inventory fee Environmental Compliance Certificate (ECC)

In private lands, tree cutting is legalized under:

2. Premium species a) Special Private Land Timber Permit [SPLTP] (DENR Adm. Order No. 2000-21) Letter of application Authenticated copy of land title/CLOA with approved sketch map Development plan for 10 hectares or larger with at least 50% of the area covered with forest trees Endorsement from LGU Inventory fee Environmental Compliance Certificate (ECC)

LIST OF PREMIUM SPECIES [SPLTP]

Akle Ipil Banuyo Lumbayao Supa Batikuling Betis

Bolong-eta Manggis Teak Almaciga Dao Kalantas (lanipga) Molave (tugas)

Apanit Ebony Kamagong (mabolo) Sangilo Lanete (bulbolan) Narra Tindalo (bayong)

In private lands, tree cutting is legalized under:

3. Plantation species Certificate of Tree Plantation Ownership (CTPO) No cutting permit is needed except for premium species which require special permit from the Secretary

Prohibitions
(Section 12 of DAO No. 2000-21 & Section 3 of P.D. 953)

No cutting of trees within 20 meters on both sides of the road unless such trees have been determined to pose danger to life and property. No cutting of trees on a strip 20 meters wide on both sides of creeks or river bordering or traversing private land, for stream bank protection. In areas covered by the logging ban/moratorium, no round logs or lumber shall be transported outside the province where the PLTP/SPLTP is located unless authorized by the Secretary. Selective cutting shall be undertaken in areas 18% in slope or more. No cutting of mangrove species (RA 7161)

4 5

DOCUMENTS REQUIRED FOR THE TRANSPORT OF TIMBER AND OTHER FOREST PRODUCTS
1. from timberland: a) Naturally-grown Logs/Timber Certificate of Timber/Lumber Origin Auxiliary Invoices Tally Sheets Sales or commercial invoices Log Supply Contract Certificate of Transport Agreements

DOCUMENTS REQUIRED FOR THE TRANSPORT OF TIMBER AND OTHER FOREST PRODUCTS
1. from timberland: a) Naturally-grown Logs/Timber Certificate of Timber/Lumber Origin Auxiliary Invoices Tally Sheets Sales or commercial invoices Log Supply Contract Certificate of Transport Agreements

DOCUMENTS REQUIRED FOR THE TRANSPORT OF TIMBER AND OTHER FOREST PRODUCTS
1. from timberland: a) Naturally-grown

Lumber Certificate of Timber/Lumber Origin Tally Sheets Lumber Sales Invoices Delivery Receipt Certificate of Transport Agreements

DOCUMENTS REQUIRED FOR THE TRANSPORT OF TIMBER AND OTHER FOREST PRODUCTS
1. from timberland: a) Naturally-grown

Minor Forest Products Certificate of Minor Forest Products Origin Auxiliary Invoices Delivery Receipt Certificate of Transport Agreements Supply Agreement/Contract

DOCUMENTS REQUIRED FOR THE TRANSPORT OF TIMBER AND OTHER FOREST PRODUCTS
1. from timberland: b) Plantations

IFMA/SIFMA (DAO 99-53) Certificate of Timber/Lumber Origin Tally Sheets

DOCUMENTS REQUIRED FOR THE TRANSPORT OF TIMBER AND OTHER FOREST PRODUCTS
1. from timberland: b) Plantations

CBFMA (DAO 2000-29) Certificate of Timber/Lumber Origin Tally Sheets

DOCUMENTS REQUIRED FOR THE TRANSPORT OF TIMBER AND OTHER FOREST PRODUCTS
2. from private lands:

Naturally-grown/premium species (DAO 2000-21)

Certificate of Timber/Lumber Origin Auxiliary Invoices Tally Sheets Official Receipt of Payment of Forest Charges

DOCUMENTS REQUIRED FOR THE TRANSPORT OF TIMBER AND OTHER FOREST PRODUCTS
2. from private lands:

Plantations, except premium species (MC 99-20)

Self Monitoring Form (SMF) Certificate of Tree Plantation Ownership (CTPO) SPA in cases where the person transporting is not the owner itself
Example: Gmelina, Mahogany, Eucaplytus, Mangium, etc.

DOCUMENTS REQUIRED FOR THE TRANSPORT OF TIMBER AND OTHER FOREST PRODUCTS
2. from private lands:

Finished/semi-finished forest products

Sales Invoice Delivery Receipt Certificate of Legitimacy

Finished products whole end-product ready for use without need of further manufacture. Ex. Doors, door jambs, picture frames, tool handles, wooden shoes, toothpicks, chopsticks, boxes (assembled), plywood, toys,

DOCUMENTS REQUIRED FOR THE TRANSPORT OF TIMBER AND OTHER FOREST PRODUCTS
2. from private lands:

Minor forest products

Certificate of Verification Delivery Receipt Sales Invoice

DOCUMENTS REQUIRED FOR THE TRANSPORT OF TIMBER AND OTHER FOREST PRODUCTS
2. Imported logs, lumber and unprocessed rattan canes/poles being transhipped from the local port of entry to final domestic destination

Certificate of Transshipment

DOCUMENTS REQUIRED FOR THE TRANSPORT OF TIMBER AND OTHER FOREST PRODUCTS
4. Plantation species from lumber dealer transported to another lumber dealer, wood processor or furniture manufacturer, enduser (outside province)

Certificate of Verification

DOCUMENTS REQUIRED FOR THE TRANSPORT OF TIMBER AND OTHER FOREST PRODUCTS
5. Lumber and lumber products transported from source to buyer/end-user within the confines of the province

Sales Invoice Delivery Receipt

PROCEDURES ON THE ISSUANCE OF CLEARANCE OF FOREST PRODUCTS

1. Transport documents required should be presented to the DENR officers duly assigned at the designated landing points upon arrival. 2. Discharge permit shall be issued by the DENR officers assigned at landing points, if all accompanying forestry documents are found authentic and in order.

PROCEDURES ON THE ISSUANCE OF CLEARANCE OF FOREST PRODUCTS

3. A corresponding tally, duly reflected in the Actual Tally Inspection Sheet of the various specifications of the forest products (species, quantity/volume, dimensions, etc.) conducted and signed by the duly authorized DENR officer and confirmed to by the shipper or his duly authorized representative or the consignee or his duly authorized representative. 4. A Clearance to Transport Forest Products shall be issued by the PENRO/CENRO or his duly authorized representative, upon submission of items 2 and 3 including the transport documents required and if all are found authentic and in order.

Persons authorized to make apprehensions and effect seizure (DENR Adm. Order No. 97-32)
1. Forest Officers (officials and employees of the DENR charged with the enforcement of forestry laws, rules and regulations. 2. Deputies (other government officials and private citizens duly deputized by the DENR Secretary or his duly authorized representative. 3. Members of law enforcement agencies. 4. Private citizens as provided by law.

WHY SHOULD FOREST PRODUCTS BE CONSIDERED ILLEGAL?

a.

Any forest products that are removed, cut, collected, processed and transported: Without the requisite authorization or permit; With incomplete required supporting documents; With genuine authorizations or permits and/or supporting documentation that have an expired validity, have been cancelled or that contain forged entries;

b. c.

WHY SHOULD FOREST PRODUCTS BE CONSIDERED ILLEGAL?

d. With spurious (fake) authorizations, permits and/or supporting documentation.

e. The quantity or volume of a shipment or stock of forest products exceeds what is authorized, documented, manifested or declared by 5% or more for timber and 2% or more for lumber f. Upon discovery of a misdeclaration on the quantity and species being verified pursuant thereto

MODUS OPERANDI OF ILLEGAL LOGGERS

RECYCLED DOCUMENTS illegal loggers in connivance with some DENR personnel will use their supporting documents/permits more than once which is contrary to law. PALAMAN or EXCESS the logs being shipped is more than what had been stated in the document. This can only be done with the connivance of DENR scalers who conduct the scaling or measurement of these logs

MODUS OPERANDI OF ILLEGAL LOGGERS

TAMPERED DOCUMENTS some entries in the documents are being tampered in order to recycle the document or transport more than what had been duly authorized. DIFFERENT ORIGIN in areas where concessions are suspended or cancelled, shippers would secure the necessary document from other places where concessions are granted

MODUS OPERANDI OF ILLEGAL LOGGERS

TABLED DOCUMENT the illegal cut logs are being smuggled to an area where the spurious documents are processed by some scrupulous DENR personnel. SANDWICH OR COVERED LOGS illegal cut logs are being packed with coco-lumber in such a way that only the coco-lumber can be seen while the illegal lumbers are covered.

MODUS OPERANDI OF ILLEGAL LOGGERS

CONTAINERIZED LOGS illegally cut logs are loaded on a containers van and declared as some other cargoes;

What to Do of the Apprehending Officer?

Upon interception of conveyance loaded with forest products, determine if transport thereof is covered with appropriate DENR transport documents. If with valid (legal/authentic and genuine transport documents), mark documents as verified/inspected and conveyance proceeds to consignee/destination.

What to Do of the Apprehending Officer?

If found without valid or questionable documents, apprehend the conveyance and its cargo (forest products): notify the nearest DENR office and turn over the seized forest products to the CENRO/PENRO/RED for proper investigation and disposition.

What to Do of the Apprehending Officer?

Immediately after seizure of the forest products together with the tools, conveyances and instrument used in the commission of the offense, He shall execute his sworn statement/ affidavit surrounding the facts of the case. He shall also take the affidavits or statements of witnesses

ON-SITE-REPORT UPON APPREHENSION

time, date and place of apprehensions full name and address of the offender(s) on-site full names of all persons accompanying or providing on-site assistance to the apprehending officer or individual circumstances that led to the apprehension (e.g., discovery of abandoned items, spot check by monitoring team, verification of absent, lacking, forged or spurious documentation)

ON-SITE-REPORT UPON APPREHENSION

names of local government officials present and/or of other persons(s) witnessing the apprehension preliminary description of the items(s) being apprehended place, time and date of origin an intended destination, consignors and consignees of the items being apprehended such other data or information and comments, observations and recommendations as may be available or pertinent on-site

Other Forestry Related Laws:

Republic Act No. 7161 (Forest Charges Law dated 02 July 1991)
An act incorporating certain sections of the National Internal Revenue Code of 1977, as amended, to Presidential Decree No. 705, as amended, and providing amendments thereto by increasing the forest charges on timber and other forest products. This act prohibits the cutting of mangrove trees. All mangrove species whose cutting shall be banned, x x x Section 4 thereof.

Mangrove is a type of forest growing along tidal mudflats and along shallow water coastal areas extending inland along rivers, streams and their tributaries where the water is generally brackish. The mangrove ecosystem is dominated by mangrove trees as the primary producer interacting with associated aquatic fauna, social and physical factors of the coastal environment.

ECOLOGICAL AND ECONOMIC BENEFITS/FUNCTIONS OF MANGROVE

Mangroves provide nursery grounds for fish, prawns and crabs, and support fisheries production in coastal waters.

Mangroves produce leaf litter and detrimental matter, which are valuable sources of food for animals in estuaries and coastal waters.

Mangroves protect the environment by protecting coastal areas and communities from strong surges, waves, tidal currents and typhoons.

Mangroves produce organic biomass (carbon) and reduce organic pollution in nearshore areas by trapping or absorption.

Mangroves serve as recreational grounds for bird watching and observation of other wildlife.

Mangroves are a good source of wood and timber and nipa shingles for housing materials, firewood and charcoal and of poles for fish traps. Mangrove seeds and propagules can be harvested and sold. Fish, crustaceans and mollusks can also be harvested from mangroves. Aquaculture and commercial fisheries also depend on mangroves for juvenile and mature fish species.

mangroves are sources of tannin, alcohol and medicine.

Chainsaw Act of 2002 (Rep. Act No. 9175)

All chainsaw owners shall apply for registration within 3 months from the effectivity of this Order (Sec. 4). The IRR was issued on 03 July 2003, the effectivity therefore was 04 October 2003.

All persons, partnerships, corporations who own or are otherwise in possession of chainsaws must be register with the CENRO who shall issue the corresponding Certificate of Registration. A serialized sticker will be attached to the chainsaw indicating the certificate of registration number, date if registration and expiry date (Sec. 7).

THE FOLLOWING CHAINSAWS SHALL BE SUBJECT TO CONFISCATION:

(Section 13 of DAO No. 2003-24)

13.1

Chainsaws that are sold, purchased, resold, transferred, distributed, leased, rented, lent or possessed without proper permit or authority from the Department. Chainsaws that are possessed and actually used to cut trees and timber in forest land or elsewhere without valid Certificate of Registration.

13.2

(contn.) The following chainsaws shall be subject to

13.3

Chainsaws that are used as tools or implement in cutting, gathering, collecting, removing and/or possessing timber or forest products without legal documents.

VIOLATION & PENALTIES/FINES

Section Description of Imprisonment Violation 7 1

Fines, Confiscations, or Forfeiture Selling, Minimum (not Fine not less than Purchasing, less than 4 P15,0000.00 but Reselling, years, 2 not more than Transferring, months and 1 P30,000.00; distributing or day) imprisonment of Possessing a Maximum (not or fine or both at Chainsaw the discretion of more than 6 without the court years) proper permit

VIOLATION & PENALTIES/FINES

Section Description of Imprisonment Violation 7 2

Fines, Confiscations, or Forfeiture Unlawful Minimum (not Fine not less than importation or less than 1 P1,0000.00 but manufacturing month) not more than of chainsaw Maximum (not P4,000.00 more than 6 months)

VIOLATION & PENALTIES/FINES

Section Description of Imprisonment Violation 7 3 Tampering of Engine Serial Number

Fines, Confiscations, or Forfeiture Minimum (not Fine not less than less than 1 P1,0000.00 but month) not more than Maximum (not P4,000.00 more than 6 months)

VIOLATION & PENALTIES/FINES

Section Description of Imprisonment Violation 7 4 Actual unlawful use of chainsaw

Fines, Confiscations, or Forfeiture Minimum (not Fine not less than less than 6 P30,0000.00 but years and 1 not more than day) P50,000.00; Maximum (not imprisonment or fine or both at the more than 8 discretion of the years) court

REWARD
(Section 15 of DAO No. 2003-24)

Any person who voluntarily gives information leading to the recovery or confiscation of an illegally possessed or unregistered chainsaw and the resultant conviction of persons charged thereof, shall be entitled to a reward equivalent to twenty percent (20%) of the value of the chainsaw unit(s) confiscated.

Our forest resources may be effectively conserved and protected through the vigilant enforcement and implementation of our forestry laws, rules and regulations. In order for the DENR to be effective in its campaign against forest products smuggling, the support from other law enforcement agencies, local government units, is a MUST. Without such needed cooperation, support and assistance, DENR may invariably fail in its fight against forest products smuggling.

HELP CONSERVED OUR REMAINING FOREST. . . .

Daghang Salamat . . .

End of Presentation

Sal ama t Kaa yo