Reporters:

J. Sarda
A. Olmedo
G. Bantilan
N. Gonzaga
W. Pontimayor
E. Bonsucan
REVISED FORESTRY CODE
R. Yap
V. Amorio (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, 1863-
The 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 POST-
INDEPENDENCE 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)
• 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)
• 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
- 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 Office of the

President
• 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
Doctrine of Exhaustion of
Administrative Remedies
 .

Doctrine of Exhaustion of Administrative

Remedies
• The 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.

• 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)

• 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:

§ 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, block-
board, 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."