Other Forest Products:

Bamboo
Ratan
Resins

Ratan from Private Land – Transfer Permit for Minor Forest Product to show proof that it is harvested to
private lands

Charcoal from Private Lands

R&R for apprehended Forest Products and the Conveyance Use/Transport of Products

Product is within the private land no intention to transport – if it is not more than 3 trees are cut no
need to secure permit (Real Life)

- If there is evidence to prove the cutting without permit or caught in the act the DENR will
investigate. Prescription is equivalent to Qualified Theft/Simple Theft

Permit to cut is different to Permit to transport

1. What is the presumption between Mineral Land and Timber Lands

- It is timberland
2. What is the presumption of unclassified lands
- It is presumed to be public forest lands
*Mangrove swamps are classified as public forest land
3. What if the trees cut was converted into furniture and was transported?
- if what is transported are furniture, the transporter should have an official receipt from the
store of origin to determine the legal source of the materials used in the said furniture. The
store of origin should also be registered in the DENR.
- When the furniture are transported for the purpose of changing the domicile of the owner, he
should also secure a certification from the DENR that the said furniture are old or has been in
the household of the owner from some time
4. Enumerate 80 Environmental Laws
5. Who are authorized to apprehend the transported forest products?
- Under PD705 and DAO 9732, forest officers/rangers, law enforcement agencies, deputized
volunteers, citizen’s arrest
6. How to apprehend?
- Stop the vehicle and ask for Original transport permit. If no permit it shall be apprehended not
confiscated. (Under DAO9732)
*Original Transport permit at all times should accompany the forest products

- Once apprehended it will be brought to the nearest DENR office and will issue a seizure order
and if found guilty the DENR shall issue a confiscation order.
 *Conveyance used on the transport of the forest products, whether rented or not shall also be
apprehended.
*The only defence of the owner of the leased transport shall be the proof of leased contract
stating that the vehicle shall be used for another purpose other than transporting of products.
*Once the products are confiscated, it shall be sold through Public Auction. However, lately the
products are donated to DepEd for making chairs

PD 705 sec. 77 – Malum Prohibitum (intention not essential)

-No cutting, gathering, removing, harvesting and collecting timber or other forest products from
public and private lands

E.O. 277
- Mere possession of timber is against the law.

7. What is the mandate of the DENR?

- To manage the exploration, development, utilization and conservation of the Philippine’s
natural resource.
8. What are the Bureaus of the DENR?
- FMB, EMB, ERDB, LMB, BMB, MGB
9. What is the difference between line and staff bureaus?
-The DENR secretary has only supervisory power on the line bureaus while staff bureaus have
supervision and control

10. Who enforces the environmental laws? – DENR

11. Under the Transport permit, only 110 forest products are to be transported however 111
forest products are counted to be transported. What is the implication?
- Under R&R, 5% timber valuation and 2% valuation of lumber is allowed as excess of the
transport permit. However if it still exceeds the whole forest product to be transported shall be
apprehended
*Lumber is a processed timber

12. A truck was apprehended by the DENR due to no valid transport permit was presented. During
the hearing, the lawyer of the transporter showed an Original valid transport permit. If you are
the hearing officer will you allow the presented permit?
-No, under the law Original Transport permit at all times should accompany the forest products.
Although there was really transport permit but during the apprehension it was not present then
it cannot anymore be used or presented during the hearing.
RA 9175 (Chainsaw Act)
-All chainsaw in the Philippines except Palawan shall be registered to the DENR. Chainsaws in
Palawan shall be registered in PCSD (Palawan Council for Sustainable Development). Even
chainsaws owned by LGUs

*Chainsaws registered by the DENR cannot be used in cutting coconut except accredited by
the PCA

E.O 23
-prohibits the cutting of natural growing trees

E.O 26. (National Greening Program

13. What are the modes of disposition of Natural Resources?

- Under the constitution, direct utilization, co-production, production sharing and co-
management agreement are ways of disposition of Natural Resources

14. What are other prohibited acts in violation of PD 705?

- Under the law (PD 953), the cutting, damaging and pruning of trees in public places (parks and
plaza)

15. What is the law governing the Protected Areas?

- NIPAS Act
*NIPAS act is a law reclassifying a land
*If the 12 step requirement of the NIPAS act is satisfied the land shall be classified as Natural
Parks

16. What will happen to a titled land if the land was classified as a protected area?
-if land was titled before the proclamation of it as a protected area, the land shall still be titled
as it has now a vested right. Unless, the titled owner willing to sell the land to the government.

17. What is the difference between endangered, critical, and threatened, species?
Endangered - any species that is in danger of extinction throughout all or a significant
portion of its range;

Threatened - any species that is likely to become an endangered species within the foreseeable
future throughout all or a significant portion of its range.
In simple terms
Endangered species are at the brink of extinction now.
Threatened species are likely to be at the brink in the near future.

18. What is CITES?

-CITES is a multilateral treaty to protect endangered plants and animals. It was drafted as a
result of a resolution adopted in 1963 at a meeting of members of the International Union for
Conservation of Nature.

19. Is a treasure a natural resource?

Other Notes:
*Other Forest Products:
Bamboo
Ratan
Resins

*Ratan and Charcoal from Private Land – there is a need of a Transfer Permit for Minor Forest Product
to show proof that it is harvested to private lands

R&R for apprehended Forest Products and the Conveyance Use/Transport of Products

*Product is within the private land no intention to transport – if it is not more than 3 trees are cut no
need to secure permit (Real Life)

- If there is evidence to prove the cutting without permit or caught in the act the DENR will
investigate. Prescription is equivalent to Qualified Theft/Simple Theft

*Permit to cut is different to Permit to transport