PD 705 as amended by EO 277 (Secs.

78 thereof), Limited
Discussion. What the hell is the Forestry Code all about?
Being a city-slicker, I've never been familiar with environmental laws nor with anything that
has got something to do with our kalikasan. That's why when somebody came in the office
asking for help about PD 705, I was dumbfounded. And because I worked in a province, I
thought this law will always be in my way. So... I studied it and did a little research on it. But
my focus is on these two sections, to wit, section 78 and 68 thereof.

Sec. 78 provides:
"Any person who shall cut, gather, collect, remove timber or other forest products from any
forestland, 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 with the penalties
imposed under Articles 309 and 310 of the Revised Penal Code: Provided, That in the case
of partnership, 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 found."

What's peculiar about this law is that the penalty provided for the above mentioned affense
is the penalty provided by the RPC in the crimes of Theft and Qualified Theft.

This section has two separate and distinct offenses:

1. The cutting, gathering , collecting and removing of timber or other forest products from
any forest land, or timber from alienable or disposable public land, from private land
without any authority; and

2. Possession of timber or other forest laws and regulations without legal documents.

Basically, the 1st offense would cover the cutting, gathering..etc. of forest products in private
lands. The cutting, gathering, collecting or removing of said forest products includes
Mangroves and its species. Whatever its species are, I have no way of knowing. But I guess
one would need a botanist to determine if a tree is a relative of the mangrove tree or not. So
if you live near the sea and there are trees there, beware what you cut. Baka bawal po
putulin ang punong yan. For references, you might want to check R.A. 7161.

This section also punishes the transportation, movement or conveyance of forest products
without legal documents. Mere possession gives the presumption that you own the forest
products, therefore if you were caught transporting lumbers, which by the way is also
classified as forest products, without any papers or documents you're in big trouble.

Who are liable under this section?

1. cutter

2. gatherer

3. collector

4. remover

5. possessor or any or all persons who appear to be responsible for the commission of the
offense

6. partnership, associations, or corporations, the officers who ordered the cutting,

gathering, collection or possession of such forest products.

Who could arrest?

1. Forest officer or DENR employee

2. Phil. Constabulary or Integrated National Police

3. Brgy. Officials

How to prosecute: (section 80 of PD 705)

 Deliver within 6 hours from time of arrest and seizure the offender and confiscated
products.
 File the proper complaint with the appropriate official designated by law to conduct
preliminary investigation and file information in court.
We have limited cases or jurisprudence on PD 705, but the following cases might help:
 Merida vs. People, GR 158182 June 12, 2008
 DENR vs. Daraman, GR 125797 Feb. 15, 2007
  Aquino vs. Peole, GR 165448 July 27, 2009
 Taopa vs. People, GR 184098 Nov. 25, 2008
I am a nature lover. In fact, I would have considered being an environmental lawyer. But
given the small amount of knowledge I know about environmental laws, I'm bound to fail.
But.. Here's the catch, I'm willing to learn. And that I think - will get me anywhere.

Posted by Docendo Discimus at 12:51 AM

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2 comments:
1.

AnonymousJune 20, 2016 at 10:55 PM

Is selling a tree while still uncut covered by ra 705?then the buyer,on his own,without the
participation of the seller cut said tree
Reply

2.

AnonymousJune 20, 2016 at 10:56 PM

Is selling a tree while still uncut covered by ra 705?then the buyer,on his own,without the
participation of the seller cut said tree
Reply

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