Revised-forestry-code-report.pdf

Reporters: J. Sarda A. Olmedo G. Bantilan N. Gonzaga W. Pontimayor E. Bonsucan R. Yap V. Amorio

REVISED FORESTRY CODE (PD 705)

Philippine Geography, Climate and Population

• Total area of 300,000 square kilometres, and contains over 7,000 islands. . Most of the land is mountainous with volcanoes throughout the country.

• The climate is hot and moist year round, but is cooler in the highland areas. It is hottest from March to May.

• The population of the Philippines in 1995 was 70 million. This is projected to increase to 94.5 million by 2010 and to double in 30 years.

Forests The forest area of the Philippines is estimated to have declined from 12 million hectares in 1960 to a current level of about 5.7 million hectares (which includes less than 1 million hectares of virgin forest largely confined to very steep and inaccessible areas). It is difficult to obtain accurate land use data as all areas over 18 degrees of slope are classified as forest regardless of whether any tree cover is present. The official figure of forest area is about 33% of the land area. As indicated above, this is not supported by other data.

HISTORY OF FORESTRY LAWS The history of forest policy in the Philippines can be divided into 4 main periods: 1. A period of low exploitation during colonial, wartime and postwar eras; 2. A period of increased exploitation for development during the post- independence era; ; 3. A peak of logging and concession exploitation during the 1960s and 1980s; and 4. Forest service after EDSA 1986 to New millennium(Present)

1. A PERIOD OF LOW EXPLOITATION DURING COLONIAL, WARTIME AND POSTWAR ERAS; •

June 1863 –

The "Inspeccion General de Montes" was inaugurated under the Spanish Government pursuant to a Spanish Royal Decree under the Direccion General de Administracion Civil whose function was to determine, through data collection, the extent of the country's forest resources and oversee their proper utilization. ´ September 3, 1863The Forestry Service was allowed by the Superior Civil Government to intervene in all matters pertaining to cutting, extracting timber, resins, etc. and to open up virgin lands to give concessions over mountain lands and transact business related to lands and forests.

´ February 1874 The government authorized the free use of timber under the gratuitous license.

1. A PERIOD OF LOW EXPLOITATION DURING COLONIAL, WARTIME AND POSTWAR ERAS; •

August 13, 1898

The Land Law of the Philippine Islands was created to designate, inventory and mark the limits/boundary of the forests belonging to the state, which shall constitute the forest zones which shall be by the Governor-General under the General Dictorale of Civil Administration.

Following the take-over of the country by the United States in 1898, the American Congress enacted the first Forest Act in 1904. This was to form the basis of forestry legislation until 1975.

2. A PERIOD OF INCREASED EXPLOITATION FOR DEVELOPMENT DURING THE POSTINDEPENDENCE ERA • 1920-1960’s, PH was asia’s largest exporter of rainforest timber. ´ 1951-1952, it is important to note that because of the highly developed mechanical logging system in the PH, it was selected by the FAO of the UN as the site of a 6 month training course in mechanical logging where 40 delegates from Southeast Asian countries were represented ´ 1953-1957 Pres. Magsaysay pursued his “lands for landless” program and the National Rehabilitation and Resettlement Project (NRRP)

3. A PEAK OF LOGGING AND CONCESSION EXPLOITATION DURING THE 1960S AND 1980S; • June 18, 1960 The Reforestation Administration was created to reforest and afforest bare and denuded forest lands especially critical watersheds by virtue of Republic Act No. 2706. ´ November 01, 1972 The Bureau of Forest Development (BFD) was created by virtue of Presidential Decree No. 1 wherein the Bureau of Forestry, the Parks and Wildlife Office and the Reforestation Administration were merged.

3. A PEAK OF LOGGING AND CONCESSION EXPLOITATION DURING THE 1960S AND 1980S; •

May 19, 1975

The Bureau of Forest Development (BFD) was formally organized as a result of a merger of the Bureau of Forestry, Parks and Wildlife Office, Reforestation Administration and the Southern Cebu Reforestation Project as provided in the Presidential Decree No. 705 revising PD 389 (otherwise known as the "Forestry Reform Code of the Philippines"). ´ July 10, 1985 The Wood Industry Development Authority (WIDA) was created to regulate, control, supervise and develop the wood industry of the Philippines in all aspects. WIDA absorbed the functions of the Presidential Committee on Wood Industry Development and all the functions and powers of the BFD pertaining to forest utilization as provided by Executive Order No. 1039.

4. FOREST SERVICE AFTER EDSA 1986 TO NEW MILLENNIUM(PRESENT) •

June 10, 1987

The Forest Management Bureau (FMB) was created in virtue of Executive Order No. 192 known as the Reorganization Act of the DENR. FMB integrated and absorbed the powers and functions of the Bureau of Forest Development (BFD) and the Wood Industry Development Authority (WIDA) except those line functions and powers which were transferred to the Regional Field Offices. The Parks and Wildlife Division and the Marine Parks Program of the Bureau of Forest Development was absorbed by the newly created Protected Areas and Wildlife Bureau. Likewise, the Land Classification Teams of the Bureau of Forest Development was integrated to the National Mapping and Resource Information Authority an attached agency of the DENR.

4. FOREST SERVICE AFTER EDSA 1986 TO NEW MILLENNIUM(PRESENT)

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June 30, 1990

The Master Plan for Forestry Development was prepared to guide the long-term development of the forestry sector in the Philippines. October 29, 1991. ´ July 19, 1995 Community-based Forest Management was adopted as the National Strategy to ensure the sustainable development of the country's forestland resources and providing mechanisms for its implementation due to the enactment of Executive Order No. 263. ´ October 2003 The Revised Master Plan for Forestry Development was drafted as a result of the review and revision of the 1990 Master Plan for Forestry Development.

4. FOREST SERVICE AFTER EDSA 1986 TO NEW MILLENNIUM(PRESENT)

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May 11, 2005

The Forest Management Bureau was reconstituted into four (4) Divisions by virtue of Executive Order 366. ´ January 2015 The Philippine Master Plan for Climate Resilient Forestry Development was prepared taking into consideration the potential impacts of climate change to the forestry sector.

REVISED FORESTRY CODE (PD 705) PRESIDENTIAL DECREE No. 705 May 19, 1975

Section 2. Policies.

• (a)

The multiple uses of forest lands shall be oriented to the development and progress requirements of the country, the advancement of science and technology, and the public welfare;

´ (b) Land classification and survey shall be systematized and hastened; ´ (c) The establishment of wood-processing plants shall be encouraged and rationalized; and ´ (d) The protection, development and rehabilitation of forest lands shall be emphasized so as to ensure their continuity in productive condition.

DEFINITION OF TERMS; KINDS OF FOREST • Public Forest- a mass of lands of the public domain which has not been the subject of the present system of classification for the determination which lands are needed for forest purposes, and which are not

• Permanent forest or Forest Reserves- refers to those lands needed for forest purposes.

• Forest Lands- includes the public forest, permanent forest, and forest reservations.

• Forest Reservations- refers to forest lands which have been reserved by the President of the Philippines for any specific purpose/s.

• National Parks- refers to a forestland reservation essentially of primitive or wilderness character withdrawn from occupancy, set aside to preserve the scenery, natural objects, wild animals and plants etc.

• Game Refuge/ Bird Sanctuary- refers to a forestland designated for the protection of game animals, birds, and fish which are closed for hunting and fishing.

• Watershed Reservation- is a forestland reservation to protect or improve the conditions of the water yield thereof.

• Mangrove Forest- is forest occurring on tidal flat along the seacost, extending along streams where the water is brackish.

• Industrial Tree Plantation- is any tract of forestland extensively planted with timber crops to supply the raw material requirements processing plants and related industries.

• Tree Farm- tract of forestland extensively planted to trees of economic value for their fruits, flowers, leaves, barks, or extractives, but not for the wood thereof

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES -DENR • Shall be the primary government agency responsible for the conservation, management, development, and proper use of the country environment and natural resources, specifically forest and grazing lands, including those in the reservation and watershed areas…for the welfare of the present and future generations of Filipinos

• - Section 4, EO No. 192 dated June 10,1987

DENR SECRETARY

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Has 5 Undersecretary 7 Assistant Secretary 9 Varied Office Services Monitors MINES AND GEOSCIENCES BUREAU FOREST MANAGEMENT BUREAU LAND MANAGEMENT BUREAU BIODIVERSITY BUREAU ECOSYSTEMS RESEARCH AND DEV. BUREAU ENVIRONMENTAL MANAGEMENT BUREAU 16 REGIONAL ENVI AND NAT. RESOURCES

Ysmael vs. Deputy Executive Secretary October 18, 1990 • Public respondents herein, upon whose shoulders rests the task of implementing the policy to develop and conserve the countrys natural resources, have indicated an ongoing department evaluation of all timer license agreements, permits, and licenses…The Court ruled that the courts will not interfere in matters which are addressed to the sound discretion fo government agencies entrusted with the regulation of activities coming under the special technical knowledge and training of such agencies.

Ruzol vs. Sandiganbayan GR 186739- April 17, 2013 • The issue on whether or not the authority to monitor and regulate the transportation of salvaged forest product is solely with the DENR and no one else.

• HELD; the Court ruled that DENR is not the sole government agency vested with the authority to issue permits relevant to the transportation of salvaged forest products, LGUs may also exercise such authority.

Aquino vs Municipality of Malay Aklan GR No. 211356- Sept.29, 2014 • The Court through Justice Velasco, held that aside from complying with the provisions in the Forest Land Use Agreement for Tourism Purposes –FLAgT issued by the DENR in favor of Boracay West Cove, it was incumbent on petitioner to likewise comply with the no build zone restriction under Municipal Ordinance 2000-131, which was already in force before the FLAgT was entered into.

Forest Management Bureau (FMB)

Section 4. Creation of, and merger of all forestry agencies into, the Bureau of Forest Development. For the purpose of implementing the provisions of this Code, the Bureau of Forestry, the Reforestation Administration, the Southern Cebu Reforestation Development Project, and the Parks and Wildlife Office, including applicable appropriations, records, equipment, property and such personnel as may be necessary, are hereby merged into a single agency to be known as the Bureau of Forest Development, hereinafter referred to as the Bureau.

Jurisdiction of Bureau The Bureau shall have jurisdiction and authority over all forest land, grazing lands, and all forest reservations including watershed reservations presently administered by other government agencies or instrumentalities. (Par. 1,Sect. 5 PD 705)

Responsibilities: (par. 2-3, Sect. 5 PD. 705) • • • • • • • •

protection, development, management, regeneration, and reforestation of forest lands; regulation and supervision of the operation of licensees, lessees and permittees for the taking or use of forest products therefrom or the occupancy or use thereof; implementation of multiple use and sustained yield management in forest lands; protection, development and preservation of national parks, marine parks, game refuges and wildlife; implementation of measures and programs to prevent kaingin and managed occupancy of forest and grazing lands; collaboration with other bureaus, the effective, efficient and economic classification of lands of the public domain; enforcement of forestry, reforestation, parks, game and wildlife laws, rules, and regulations. regulate the establishment and operation of sawmills, veneer and plywood mills and other wood processing plants and conduct studies of domestic and world markets of forest products.

Lagua vs Cusi (GR No. L-44649, April 15, 1988)

The power of the FMB does not include the power to determine whether the closure of a logging road is legal or illegal (easement). They are also not allowed to grant damages. That is a matter that may be threshed out in a judicial proceeding. Therefore, not every activities inside a forest area is subject to the jurisdiction of the Bureau.

Review of FMB Director’s Decisions Section 7. Supervision and Control. The Bureau shall be directly under the control and supervision of the Secretary of the Department of Natural Resources, hereinafter referred to as the Department Head. FMB Director

DENR Secretary • Moto propio or upon appeal • Decision is final & executory after 30 days from receipt by the aggrieved party unless appealed to OP • May not be reviewed by court except through a special civil action for certiorari

Office of the President

Doctrine of Exhaustion of Administrative Remedies

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• The

Doctrine of Exhaustion of Administrative Remedies

doctrine of exhaustion of administrative remedies is a cornerstone of our judicial system. The thrust of the rule is that courts must allow administrative agencies to carry out their functions and discharge their responsibilities within the specialized areas of their respective competence. (Universal Robina Corporation v. Laguna Lake Development Authority, G.R. No. 191427, May 30, 2011, citing Caballes v. Perez-Sison, G.R. No. 131759, March 23, 2004, 426 SCRA 98)

Doctrine of Exhaustion of Administrative Remedies This Court in a long line of cases has consistently held that before a party is allowed to seek the intervention of the court, it is a pre-condition that he should have availed of all the means of administrative processes afforded him. Hence, if a remedy within the administrative machinery can still be resorted to by giving the administrative officer concerned every opportunity to decide on a matter that comes within his jurisdiction then such remedy should be exhausted first before courts judicial power can be sought. The premature invocation of courts intervention is fatal to ones cause of action. (Paat vs. Court of Appeals, G.R. No. 111107. January 10, 1997)

Practical and Legal Reasons: • This doctrine of exhaustion of administrative remedies was not without its practical and legal reasons, for one thing, availment of administrative remedy entails lesser expenses and provides for a speedier disposition of controversies. It is no less true to state that the courts of justice for reasons of comity and convenience will shy away from a dispute until the system of administrative redress has been completed and complied with so as to give the administrative agency concerned every opportunity to correct its error and to dispose of the case. (Paat vs. Court of Appeals, G.R. No. 111107. January 10, 1997)

• • • • • • • • • • •

Exceptions: (1) when there is a violation of due process (2) when the issue involved is purely a legal question (3) when the administrative action is patently illegal amounting to lack or excess of jurisdiction (4) when there is estoppel on the part of the administrative agency concerned (5) when there is irreparable injury (6) when the respondent is a department secretary whose acts as an alter ego of the President bears the implied and assumed approval of the latter (7) when to require exhaustion of administrative remedies would be unreasonable (8) when it would amount to a nullification of a claim (9) when the subject matter is a private land in land case proceedings (10) when the rule does not provide a plain, speedy and adequate remedy, and (11) when there are circumstances indicating the urgency of judicial intervention. (Paat vs. Court of Appeals, G.R. No. 111107. January 10, 1997

Doctrine of Exhaustion of Administrative Remedies vs. Doctrine of Primary Jurisdiction Corollary to the doctrine of exhaustion of administrative remedies is the doctrine of primary jurisdiction; that is, courts cannot or will not determine a controversy involving a question which is within the jurisdiction of the administrative tribunal prior to the resolution of that question by the administrative tribunal, where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact.(Republic vs. Lacap, G.R. No. 158253, March 2, 2007, 517 SCRA 255.)

Finality of Administrative Decisions

Ysmael vs. Deputy Executive Secretary (G.R. No. 79538, October 18, 1990) It is an established doctrine in this jurisdiction that the decisions and orders of administrative agencies have upon their finality, the force and binding effect of a final judgment within the purview of the doctrine of res judicata. These decisions and orders are as conclusive upon the rights of the affected parties as though the same had been rendered by a court of general jurisdiction. The rule of res judicata thus forbids the reopening of a matter once determined by competent authority acting within their exclusive jurisdiction.

I. Public forests are not capable of private appropriation.

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Public forestlands, unless declassified and released by positive act of the government so that they may form part of the disposable agricultural lands of the public domain, are not capable of private appropriation. Under Section 6 of The Public Land Act, the prerogative of classifying and reclassifying lands of public domain, belongs to the executive branch of the govt.

Republic vs. Court of Appeals and Cerantes (GR No. L-56984, Sept. 30, 1987) “It is already a settled rule that forests lands or forest reserves are not capable of private appropriation and possession thereof, however long, cannot convert them into private property unless such lands are reclassified and considered disposable and alienable by the Director of Forestry, but even then, possession of the land by the applicants prior to the reclassification of the land as disposable and alienable cannot be credited as part of the thirty-year requirement under Section 48(b) of the Public Land Act.”

J. Mangrove swamps are in the category of forest lands.

• The classification of mangrove swamps as forestlands is descriptive of its legal nature or status.

• Not subject to adverse possession and consequent ownership. • Director of Forest Development has the authority to determine whether forestland is more valuable for agricultural rather than forestry uses.

Yngson vs. Secretary of Agriculture (GR No. L36847, July 20, 1983) “Until timber or forestlands are released as disposable and alienable, neither the Lands Management Bureau nor the Bureau of Fisheries and Aquatic Resources has authority to lease, grant, sell, or otherwise dispose of these lands for homesteads, sales patents, leases for grazing or other purposes, fishpond leases, and other modes of utilization.”

Director of Forestry vs. Villareal (GR No. L-46048, Nov. 29, 1988) “The mere existence of a survey plan of mangrove swamps approved by the Director of Lands would not have the effect of converting the mangrove swamps, as forestland, into agricultural land. The Direct of Lands has no authority to dispose of the same under the Public Land Act.” It is the Director of Forest Development who has the authority to determine whether forestland is more valuable for agricultural rather than forestry uses, as a basis for its declaration as agricultural land and release for private ownership.

Can an owner had the right to scale, measure, and seal the timber cut by by another and collect forestry charges thereon? (International Hardwood vs UP, GR No. 521518, Aug. 13, 1991)

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The Philippines relinquished and conveyed its rights over the area to UP. Thus, UP became the owner of the land, subject only to existing concession. Since there is an express proviso on existing concessions, this means that the right of Hardwood as a timber licensee must not be affected, impaired, or diminished; it must be respected BUT insofar as the Government is concerned, all its rights as grantor of the license were effectively assigned, ceded and conveyed to U.P Having been effectively segregated and removed from the public domain or from a public forest and, in effect, converted into a registered private woodland, the authority and jurisdiction of the Bureau of Forestry over it were likewise terminated. BIR also lost authority to measure the timber cut from the subject area and to collect forestry charges and other fees thereon because of this full transfer.

Principle of Inter-generational responsibility Oposa vs Factoran (July 30, 1993)

• Petitioner (minors) assert that they represent their generation as well as generations to come. The Supreme Court ruled that they can, for themselves, for others of their generation, and for the succeeding generation, file a class suit. Their personality to sue in behalf of succeeding generations is based on the concept of intergenerational responsibility insofar as the right to a balanced and healthful ecology is concerned.

• Such a right considers the “rhythm and harmony of nature” which indispensably include, inter alia, the judicious disposition, utilization, management, renewal and conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, offshore areas and other natural resources to the end that their exploration, development, and utilization be equitably accessible to the present as well as the future generations.

• Every generation has a responsibility to the next to preserve that rhythm and harmony for the full enjoyment of a balanced and healthful ecology. The minor’s assertion of their right to a sound environment constitutes at the same time, the performance of their obligation to ensure the protection of that right for the generations to come.

• Sect. 16, Art. II (1987 Constitution). ”The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”

• No violation of the non-impairment clause of the Constitution. A license is not a contract, property, or a property right protected by the Constitution. It can be withdrawn or cancelled in the exercise of the police power of the State.

License Agreement, License or Lease or Permit

Section 20 of PD 705 Revised Forestry Code • License

agreement, license, lease or permit. No person may utilize, exploit, occupy, possess or conduct any activity within any forest land, or establish and operate any wood-processing plant, unless he has been authorized to do so under a license agreement, lease, license, or permit.

Ysmael vs Deputy Executive Secretary (Oct. 28, 1990)

• Timber licenses, permits and license agreements are the principal instruments by which the State regulates the utilization and disposition of forest resources to the end that public welfare is promoted. And it can hardly be gainsaid that they merely evidence a privilege granted by the State to qualified entities, and do not vest in the latter a permanent or irrevocable right to the particular concession area and the forest products therein. They may be validly amended, modified, replaced or rescinded by the Chief Executive when national interests so require. Thus, they are not deemed contracts within the purview of the due process of law clause.

Tan vs Director of Forestry (GR No. L-24548, Oct. 27, 1983) FACTS

• Tan in this case won a bidding for a logging license over a certain tract of public forest land. • However, various appeals were made from this bidding. • During the pendency of the grant, a change of Secretary of Agriculture and Natural Resources was made.

• The Latter revoked the authority of Director of Forestry to grant Timber License Agreement. • However, on that same day the authority was revoked, a grant was made to Tan by the Acting Director of Forestry.

ISSUE: Whether the Director of Forestry gravely abused its discretion in revoking the license

RULING:

• A timber license is an instrument by which the State regulates the utilization and disposition of forest resources to the end that public welfare is promoted. A timber license is not a contract within the purview of the due process clause; it is only a license or privilege, which can be validly withdrawn whenever dictated by public interest or public welfare.

• This

Court had rigorously adhered to the principle of conserving forest resources, as corollary to which the alleged right to them of private individuals or entities was meticulously inquired into and more often than not rejected. We do so again" (Director of Forestry vs. Benedicto). We reiterate our fidelity to the basic policy of conserving the national patrimony as ordained by the Constitution.

as amended by Executive Order 277

Executive Order No. 277 was issued by former President Corazon Aquino, amending Section 68 of Presidential Decree No. 705 otherwise known as the Revised Forestry Code of the Philippines for the purpose of:

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penalizing possession of timber or other forest products without legal documents required by existing forest laws; authorizing the confiscation of illegally cut, gathered, removed, and possessed forest products; and granting rewards to informers of violations of forestry laws, rules and regulations.

Section 68. Cutting, Gathering and/or collecting Timber, or Other Forest Products Without License. Any person who shall cut, gather, collect, removed 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 with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided, That in the 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 found."

Offenses punished under Section 68 of P.D. 705 as amended

1. Cutting, gathering, collecting and removing timber or other forest products from any forest land, or timber from alienable or disposable public and, or from private land without any authority; and 2. Possession of timber or other forest products without the legal documents required under existing forest laws and regulations.

Section 68-A. Administrative Authority of the Department Head or His Duly Authorzed Representative to Order Confiscation. In all cases of violations of this Code or other forest laws, rules and regulations, the Department Head or his duly authorized representative, may order the confiscation of any forest products illegally cut, gathered, removed or possessed or abandoned, and all conveyances used either by land, water or air in the commission of the offense and to dispose of the same in accordance with pertinent laws, regulations or policies on the matter.

Section 68-B. Rewards to Informants.

Any person who shall provide any information leading to the apprehension and conviction of any offender for any violation of this Code or other forest laws, rules and regulations, or confiscation of forest products shall be given a reward in the amount of twenty per centum (20%) of the proceeds of the confiscated forest products

Section 69. Unlawful occupation or destruction of forest lands. Any person who enters and occupies or possesses, or makes kaingin for his own private use or for others any forest land without authority under a license agreement, lease, license or permit, or in any manner destroys such forest land or part thereof, or causes any damage to the timber stand and other products and forest growths found therein, or who assists, aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land shall, upon conviction, be fined in an amount of not less than five hundred pesos (P500.00) nor more than twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6) months nor more than two (2) years for each such offense, and be liable to the payment of ten (10) times the rental fees and other charges which would have been accrued had the occupation and use of the land been authorized under a license agreement, lease, license or permit: Provided, That in the case of an offender found guilty of making kaingin, the penalty shall be imprisoned for not less than two (2) nor more than (4) years and a fine equal to eight (8) times the regular forest charges due on the forest products destroyed, without prejudice to the payment of the full cost of restoration of the occupied area as determined by the Bureau. The Court shall further order the eviction of the offender from the land and the forfeiture to the Government of all improvements made and all vehicles, domestic animals and equipment of any kind used in the commission of the offense. If not suitable for use by the Bureau, said vehicles shall be sold at public auction, the proceeds of which shall accrue to the Development Fund of the Bureau.

In case the offender is a government official or employee, he shall, in addition to the above penalties, be deemed automatically dismissed from office and permanently disqualified from holding any elective or appointive position.

Section 70. Pasturing Livestock. Imprisonment for not less than six (6) months nor more than two (2) years and a fine equal to ten (10) times the regular rentals due, in addition to the confiscation of such livestock and all improvement introduced in the area in favor of the government, shall be imposed upon any

person, who shall, without authority under a lease or permit, graze or 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 occupation of national parks system and recreation areas and vandalism therein. Any person who shall, without permit, occupy for any length of time any portion of the national parks system or shall, in any manner, cut, destroy, damage or remove timber or any species of vegetation or forest cover and other natural resources found therein, or shall mutilate, deface or destroy objects of natural beauty or of scenic value within areas in the national parks system, shall be fined not less than two hundred (P200.00) pesos or more than five hundred

(P500.00) pesos exclusive of the value of the thing damaged; Provided, That if the area requires rehabilitation or restoration as determined by the Director, the offender shall also be required to restore or compensate for the restoration of the damage; Provided, Further, That any person who, 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 shall be subject to the same penalty; Provided, Finally, That the Court shall order eviction of the offender from the land and the forfeiture in favor of the Government of all timber or any species of vegetation and other natural resources collected or removed, and any construction or improvement made thereon by the offender. If the offender is an association or corporation, the president or manager shall be directly responsible and liable for the act of his employees or laborers. In the event that an official of a city or municipal government is primarily responsible for detecting and convicting the violator of the provisions of this Section, fifty per centum (50%) of the fine collected shall accrue to such municipality or city for the development of local parks.

Section 72. Destruction of wildlife resources.

Any person violating the provisions of Section 55 of this Code, or the regulations promulgated thereunder, shall be fined not less than one hundred (P100.00) pesos for each such violation and in addition shall be denied a permit for a period of three (3) years from the date of the violation.

Section 73. Survey by unauthorized person.

Imprisonment for not less than two (2) nor more than four (4) years, in addition to the 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. Misclassification and survey by government official or employee. Any public officer or employee who knowingly surveys, classifies, or recommends the release of forest lands as alienable and disposable lands contrary to the criteria and standards established in this Code, or the rules and regulations promulgated hereunder, shall, after an appropriate administrative proceeding, be dismissed from the service with prejudice to re-employment, and upon conviction by a court of competent jurisdiction, suffer an imprisonment of not less than one (1) year and a 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 79. Sale of wood products. No person shall sell or offer 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. A duly accredited representative of the Bureau shall certify to the compliance by the licensees with grading rules. 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.

Section 80. Arrest; Institution of criminal actions.

A forest officer or employee of the Bureau shall arrest even without warrant any person who has committed or is committing in his presence any of the offenses defined in this Chapter.

He shall also seize and confiscate, in favor of the Government, the tools and equipment used in committing the offense, and the forest products cut, gathered or taken by the offender in the process of committing the offense.

The arresting forest officer or employee shall thereafter deliver within six (6) hours from the time of arrest and seizure, the offender and the confiscated forest products, tools and equipment to, and file the proper complaint with, the appropriate official designated by law to conduct preliminary investigations and file informations in court.

If the arrest and seizure are made in the forests, far from the authorities designated by law to conduct preliminary investigations, the delivery to, and filing of the complaint with, the latter shall be done within a reasonable time sufficient for ordinary travel from the place of arrest to the place of delivery. The seized products, materials and equipment shall be immediately disposed of in accordance with forestry administrative orders promulgated by the Department Head.

The Department Head may deputize any member or unit of the Philippine Constabulary, police agency, barangay or barrio official, or any qualified person to protect the forest and exercise the power or authority provided for in the preceding paragraph.

Reports and complaints regarding the commission of any of the offenses defined in this Chapter, not committed in the presence of any forest officer or employee, or any of the deputized officers or officials, shall immediately be investigated by the forest officer assigned in the area where the offense was allegedly committed, who shall thereupon receive the evidence supporting the report or complaint. If there is prima facie evidence to support the complaint or report, the investigating forest officer shall file the necessary complaint with the appropriate official authorized by law to conduct a preliminary investigation of criminal cases and file an information in Court.

Mustang Lumber vs Court of Appeals Mustang Lumber Inc., was found in possession, without the required legal documents, of truckloads of: 1.) almaciga and lauan; and 2. ) approximately 200,000 board ft. of lumber and shorts of various species including almaciga and supa. Mustang moved to quash the information on the ground that the subject matter is “lumber” which is neither “timber” nor “other forest products” under Section 68 of PD 705.

RULING: While “lumber” is not specifically mentioned in Section 68, the Court held that it is nevertheless included in the term “timber.” The Revised Forestry Code contains no definition of either timber or lumber. While the former is included in forest products as defined in paragraph (q) of Section 3, the latter is found in paragraph (a) of the same section in the definition of Processing plant; which reads: “(aa) Processing plant is any mechanical set-up, machine or combination of machine used for the processing of logs and other forest raw materials into lumber, veneer, plywood, wallboard, blockboard, paper board, pulp, paper or other finished wood products.”

This simply means that lumber is a processed log or processed forest raw material. Clearly, the Code uses the term lumber in its ordinary or common usage. In the 1993 copyright edition of Webster's Third New International Dictionary, lumber is defined, inter alia, as timber or logs after being prepared for the market.Simply put, lumber is a processed log or timber.

The seizure of petitioner's truck and its cargo consisting of lauan and almaciga which were not accompanied with the required invoices and transport documents, was held to be a valid exercise of the power vested upon a forest officer by Section 80 of PD 705. The search was conducted on a moving vehicle which could be lawfully conducted without a search warrant.

People vs Que Two distinct offenses under Section 68 of PD 705 as amended by EO 277: 1. Cutting, gathering, collecting, and removing timber or other forest products from any forest land, or timber from alienable or disposable public and, or from private land without any authority; and 2. Possession of timber or other forest products without the legal documents required under existing forest laws and regulations.

Villarin vs People The Information charged petitioners with the second offense which is consummated by the mere possession of forest products without the proper documents. As a special law, the nature of the offense is malum prohibitum and as such, criminal intent is not an essential element. "However, the prosecution must prove that petitioners had the intent to possess (animus possidendi)" the timber. "Possession, under the law, includes not only actual possession, but also constructive possession. Actual possession exists when the [object of the crime] is in the immediate physical control of the accused. On the other hand, constructive possession exists when the [object of the crime] is under the dominion and control of the accused or when he has the right to exercise dominion and control over the place where it is found."