BRIEF SALIENT PROVISIONS PUNISHABLE ACTS PENALTIES

DESCRIPTION
OF THE LAW

PD 705 Revised Section. 2 POLICIES Section 68. Cutting,  Individuals - Qualified

Forestry  Multiple Uses of Forests Oriented Towards National gathering and/or Theft as defined and
Code of the Progress, Scientific Advancement and Public Welfare collecting timber or other punished under Articles
Philippines -  Systematic Land Classification and Survey products without license 309 and 310 of the Revised
Revising  Establishment Of Rational Wood Processing Penal Code
Presidential  Protection, Development and Rehabilitation Of Forests Elements of the Offense:  In the case of
Decree no. 1. Any person who shall PARTNERSHIP,
389, Sections 4 And 5. IMPLEMENTING AGENCIES CUT, GATHER, COLLECT, ASSOCIATION or
otherwise  Department of Environment and Natural Resources REMOVE timber or other CORPORATION, the
known as the (DENR) Through The Bureau Of Forest Development forest products from officers who ordered the
Forestry Now Called The Forest Management Bureau. - Any forest land, cutting, gathering or
Reform Code - Alienable/Disposable collecting shall be liable,
of the Section 5. JURISDICTION OF DENR Land and if such officers are
Philippines  All Forest Lands, Grazing Lands, Forest Reserves and - Private land aliens, they shall, in
Watersheds Without any AUTHORITY addition to the penalty, be
 Issuance of Forest Permits, Leases and Licenses deported without further
 Operation of Sawmills and Wood Processing Plants 2. Possess timber or other proceedings on the part of
forest products without the Commission on
Section 15. TOPOGRAPHY the legal documents as Immigration and
 Lands 18% Or More In Slope Cannot Be Alienable and required under existing Deportation.
Disposable Lands forest laws and
regulations
 Reversion To Forest Land For Those Already Declared
Alienable Or Disposable before the PD 705, unless titled Section 69. Unlawful Upon conviction,
already occupation or destruction  FINE
 Lands 50% or more in slope cannot be grazing lands of forest lands. - not less than five
hundred pesos
Section 16. AREAS NEED FOR FOREST PROTECTION Elements of the Offense (P500.00) nor more
1. Any person who than twenty thousand
- Enters and occupies pesos (P20,000.00) and
 Even if below 18% in slope, these lands cannot be - Possesses
Alienable/ Disposable - Makes kaingin for  IMPRISONMENT
- Less than 250 has. That are not contiguous his own private use - imprisoned for not less
- Isolated forest patches or for others than six (6) months nor
- Reforested areas - Any forest land or more than two (2)
- Areas in forest concessions that have good residual grazing land without years for each such
stockings authority under a offense, and be
- Ridge tops and plateaus license agreement,
- Appropriate as RROWs lease, license or  liable to the payment of
- 20-meter-wide mangrove permit ten (10) times the rental
- National Parks, historical sites, etc. fees and other charges
- Reserves and sanctuaries 2. Any person who in any which would have been
manner accrued had the occupation
Sections 19 and 20. UTILIZATION AND MANAGEMENT - Destroys such forest and use of the land been
 Multiple uses land or grazing land authorized under a license
 Timber License Agreements or part thereof agreement, lease, license
 Permits, Leases, and Licenses for grazing, operate - Causes any damage or permit
wood processing facilities, occupy, possess, use or to the timber stand
exploit forest and their products and other products
and forest growth * an offender found guilty of
Section 22. TIMBER PRODUCTION found therein making kaingin, the penalty
 Timber inventory - Assists, aids, or shall be imprisoned for not
 Inventory before utilization of forest lands abets any other less than two (2) nor more
 Cutting cycle and annual allowable cut person to do so than (4) years and a fine
 TLAs or forest privilege good for 25 years plus 25 - Sets a fire or equal to eight (8) times the
more. But forest lands “shall not be held in negligently permits a regular forest charges due on
perpetuity fire to be set in any the forest products
forest land or destroyed, without prejudice
Sections 29 to 32. WOOD PROCESSING MUST BE grazing land to the payment of the full
RATIONAL - Refuses to vacate cost of restoration of the
the area when occupied area as determined
Sections 33-36. REFORESTATION ordered to do so by the Bureau.
 PUBLIC LANDS * The Court shall further
- Bare or grass lands order the eviction of the
- Open tract lands with forest patches offender from the land and
- Denuded forest lands the forfeiture to the
- Inadequately stocked forest growth Government of all
- With pasture leases improvements made and all
- River banks and easements, RROWs, swamps and vehicles, domestic animals
deltas and equipment of any kind
used in the commission of the
 PRIVATE LANDS offense. If not suitable for use
- Portions that need to be planted with based on PD by the Bureau, said vehicles
953 (tree planting along rivers ad subdivisions) and shall be sold at public auction,
PD 1153, etc. the proceeds of which shall
accrue to the Development
Sections 37 to 54. FOREST PROTECTION Fund of the Bureau.
 All forest lands must be protected
 Control of concession areas against kaingin, squatting, In case the offender is a
insect infestation, etc. government official or
employee, he shall, in
Sections 54 to 57. SPECIAL USES addition to the above
 Pasture penalties, be deemed
 Wildlife conservation automatically dismissed from
 Recreation office and permanently
 Others like lease for sawmills disqualified from holding any
 RROWs, camps, bathing, etc. elective or appointive
position.
Sections 58 to 63. QUALIFICATIONS OF
CONCESSIONAIRES Section 70. Pasturing IMPRISONMENT for not less
 Use of forest lands to be DIFFUSED to as many Livestock. than six (6) months nor more
qualified users Any person who shall, than two (2) years and
WITHOUT AUTHORITY
 Filipino equity preferred 60% owned by them)
under a lease or permit to FINE equal to ten (10) times
 Financial and Technical capabilities
- graze the regular rentals due,
 Rule: Forest rights Non-transferrable except - cause to graze CONFISCATION of such
under certain instances livestock in forest livestock and all
lands, grazing lands improvement introduced in
and Alienable and the area in favor of the
Disposable lands government, shall be imposed
which have not as upon any person, who shall,
yet been disposed of without authority under a
in accordance with lease or permit, graze or
the Public Land Act cause to graze livestock in
forest lands, grazing lands
and alienable and disposable
lands which have not as yet
been disposed of in
accordance with the Public
Land Act; Provided, That in
case the offender is a
corporation, partnership or
association, the officers and
directors thereof shall be
liable.

Section 71. Illegal fined not less than two

occupation of national hundred (P200.00) pesos or
parks system and more than five hundred
recreation areas and (P500.00) pesos exclusive of
vandalism therein. the value of the thing
damaged; Provided, That if
- Any person who the area requires
shall, without rehabilitation or restoration
permit, occupy for as determined by the
any length of time Director, the offender shall
any portion of the also be required to restore or
national parks compensate for the
system or shall, in restoration of the damage;
 any manner, cut, That the Court shall order
destroy, damage or eviction of the offender from
remove timber or the land and the forfeiture in
any species of favor of the Government of
vegetation or forest all timber or any species of
cover and other vegetation and other natural
natural resources resources collected or
found therein, or removed, and any
shall mutilate, construction or improvement
deface or destroy made thereon by the
objects of natural offender. If the offender is an
beauty or of scenic association or corporation,
value within areas in the president or manager
the national parks shall be directly responsible
system and liable for the act of his
- any person who, employees or laborers.
without proper
permit shall hunt,
capture or kill any
kind of bird, fish or
wild animal life
within any area in
the national parks
system
Section 72. Destruction of FINE
wildlife resources. not less than one hundred
(P100.00) pesos for each such
violation and

DENIAL of a permit for a

period of three (3) years from
the date of the violation.
Section 73. Survey by IMPRISONMENT
unauthorized person for not less than two (2) nor
more than four (4) years,

CONFISCATION of the
implements used in the
violation of this section
including the cancellation of
the license, if any, shall be
imposed upon any person
who shall, without permit to
survey from the Director,
enter any forest lands,
whether covered by a license
agreement, lease, license, or
permit, or not, and conduct
or undertake a survey for
whatever purpose.

Section 74. after an appropriate

Misclassification and administrative proceeding,
survey by government
official or employee. DISMISSAL from the service
with prejudice to re-
employment, and

UPON CONVICTION by a
court of competent
jurisdiction,

IMPRISONMENT of not less

than one (1) year
 FINE of not less than one
thousand, (P1,000.00) pesos.

The survey, classification or

release of forest lands shall be
null and void.
Section 75. Tax IMPRISONMENT
declaration on real for a period of not less than
property. two (2) nor more than four
(4) years and

PERPETUAL
DISQUALIFICATION from
holding an elective or
appointive office, shall be
imposed upon any public
officer or employee who shall
issue a tax declaration on real
property without a
certification from the Director
of Forest Development and
the Director of Lands or their
duly designated
representatives that the area
declared for taxation is
alienable and disposable
lands, unless the property is
titled or has been occupied
and possessed by members of
the national cultural
minorities prior to July 4,
1955.
Section 76. Coercion and IMPRISONMENT
influence. of not less than one (1) year
Any person who coerces, and
influences, abets or
persuades the public FINE
officer or employee of five hundred (P500.00)
referred to in the two pesos for every hectare or a
preceding sections to fraction thereof so
commit any of the acts improperly surveyed,
mentioned therein classified or released.

Section 77. Unlawful IMPRISONMENT

possession of implements for a period of not less than
and devices used by forest (2) nor more than four (4)
officers. years and

FINE
of not less than one thousand
pesos (P1,000.00), nor more
than ten thousand
(P10,000.00) pesos in

CONFISCATION of such
implements and devices, and
the automatic cancellation of
the license agreement, lease,
license or permit, if the
offender is a holder thereof,
shall be imposed upon any
person who shall, without
authority from the Director or
his authorized representative,
make, manufacture, or has in
his possession any
government marking, hatchet
or other marking implement,
or any marker, poster, or
other devices officially used
by officers of the Bureau for
the marking or identification
of timber or other products,
or any duplicate, counterfeit,
or imitation thereof, or make
or apply a government mark
on timber or any other forest
products by means of any
authentic or counterfeit
device, or alter, deface, or
remove government marks or
signs, from trees, logs,
stumps, firewoods or other
forest products, or destroy,
deface, remove or disfigure
any such mark, sign, poster or
warning notices set by the
Bureau to designate the
boundaries of cutting areas,
municipal or city forest or
pasture, classified timber
land, forest reserve, and
areas under the national park
system or to make any false
mark or imitation of any mark
or sign herein indicated;
Provided, That if the offender
is a corporation, partnership
or association, the officers

Section 78. Payment,
collection and remittance
of forest charges.
Any person who fails to
pay the amount due and
payable under the
provisions of this Code, the
National Internal Revenue
Code, or the rules and
regulations promulgated
thereunder
Any person who fails or
refuses to remit to the
proper authorities said
forest charges collectible
pursuant to the provisions
of this Code or the
National Internal Revenue
Code, or who delays,
obstructs or prevents the
same, or who orders,
causes or effects the
transfer or diversion of the
funds for purposes other
than those specified in this
Code, for each such
offense
and directors thereof shall be
liable.
liable to the payment of a
SURCHARGE of twenty-five
per centum (25%) of the
amount due and payable.
Upon conviction,
FINE
of not exceeding one hundred
thousand pesos
(P100,000.00) and/or
IMPRISONMENT
for a period of not exceeding
six (6) years in the discretion
of the Court. If the offender is
a government official or
employee, he shall, in
addition, be dismissed from
the service with prejudice to
reinstatement and with
disqualification from holding
any elective or appointive
office.
 If the offender is a
corporation, partnership or
association, the officers and
directors thereof shall be
liable
Section 79. Sale of wood No person shall sell or offer
products. for sale any log, lumber,
plywood or other
manufactured wood products
in the international or
domestic market unless he
complies with grading rules
and established or to be
established by the
Government.

Failure to adhere to the

established grading rules and
standards, or any act of
falsification of the volume of
logs, lumber, or other forest
products shall be a sufficient
cause for the suspension of
the export, sawmill, or other
license or permit authorizing
the manufacture or sale of
such products for a period of
not less than two (2) years.

Every dealer in lumber and

other building material
covered by this Code shall
issue an invoice for each sale
of such material and such
invoice shall state that the
kind, standard and size of
material sold to each
purchaser in exactly the same
as described in the invoice.
Any violation of this Section
shall be sufficient ground for
the suspension of the dealer's
license for a period of not less
than two (2) years and, in
addition thereto, the dealer
shall be punished for each
such offense by a fine of not
less than two hundred pesos
(P200.00) or the total value of
the invoice, whichever is
greater.