Mailene A.

Caparroso on Natural Resources Agreement Nature Terms and condition period of 25 years renewable for another 25 years

Law Remarks shall provide tenurial security and incentives to develop, utilize and manage specific portions of forest lands.

production sharing agreement between the Community Based Forest Department of Management Environment Natural Agreement Resources and the participating peoples organization Forest Land Grazing Management Agreement production sharing agreement between a qualified person, association and/or corporation and the government to develop, manage and utilize grazing lands. (DENR Administrative Order No. 99-36) tool to motivate upland dwellers to efficiently use the watersheds through conservation farming that follows agroforestry principles.

Certificate of Stewardship Contract (CSC)

Integrated Social

essentially

Mailene A. Caparroso on Natural Resources Forestry (ISF) combines program watershed management and community development by engaging forest occupants within geothermal reservation areas in reforestation and in the overall management of forest areas (De Jesus and Nieva, 2003). Low Income Upland Communities Project (LIUCP) initi al attempt to address, in an integrated approach, the governments two priority development concerns viz. the restoration and the sustainable development of the countrys upland poorest of its rural population, the upland communities. Requires the Participants shall development be given long and term tenure over maintenance of a parcel of permanent mangrove forest mangrove forest or a combination on the of a two. stewardship area in return for the exclusive right to harvest from the area on a

Law

Mangrove Stewardship Certificate

Mailene A. Caparroso on Natural Resources sustainable basis. Integrated Forest Management Agreement This is an 25 years agreement renewable for entered into by another 25 and between years. DENR and a qualified applicant wherein the DENR grant to the latter the exclusive right to develop, manage, utilized aspecified area of forest land and forest resources for a period 25 years renewable for another 25 years. agreement entered into by and between a natural or juridical person and the DENR wherein the latter grants to the former the right to develop, utilize and manage a small tract of forestland consistent with the principle of sustainable development.

Law

Socialized Industrial Forest Management Agreement.

Forest land production Grazing sharing Management agreement Agreement between a qualified person, association and/or

Mailene A. Caparroso on Natural Resources corporation and the government to develop, manage and utilize grazing lands.

Law

Foreshore Lease Agreement

25 years renewable for another 25 years.

Special Land Use Management Agreement

privilege granted by the State to a person to occupy, possess and manage in consideration of specified return, any public forest lands for a specific use or purpose

Timber License Agreement

Digested Cases

Mailene A. Caparroso on Natural Resources CALUB vs. CA (April 7, 2000)

Law

FACTS: Felipe Calub and Ricardo Valencia, who were officers of the Department of Environment and Natural Resources seized two motor vehicles for transporting illegally cut lumber. The owner Constancio Abuganda and the driver Pio Gabon failed to present proper documents and/or licenses. Thus, the apprehending team seized and impounded the vehicles and its load of lumber at the DENRPENR (Department of Environment and Natural Resources-Provincial Environment and Natural Resources) Office in Catbalogan. The latter filed a case against DENR officers for the recovery of the possession of the motor vehicle. ISSUE: Whether or not DENR officers should be held liable for the confiscation of two motor vehicles for transporting illegally cut lumbers. HELD: The acts for which petitioners are being called to account were performed by them in the discharge of their official duties. A suit against them is a suit against the state. It cannot prosper without the consent of the state. EPIFANIO LALICAN, petitioner, vs. HON. FILOMENO A. VERGARA, Presiding Judge, RTC Branch 52, Puerto Princesa City and PEOPLE OF THE PHILIPPINES, respondents. [G.R. No. 108619. July 31, 1997] FACTS: On July 23, 1991, an information for violation of Section 68 of P.D. No. 705, as amended by Executive Order No. 277, was filed by the City Prosecutor of Puerto Princesa City against petitioner Epifanio Lalican,[1] Ruben Benitez, Allan Pulgar and Jose Roblo before the Regional Trial Court. On August 23, 1991, petitioner Lalican filed a motion to quash the information on the ground that the facts charged did not constitute an offense. Contending that Sec. 68 of P.D. No. 705 refers to "timber and other forest products" and not to "lumber," and asserting that "timber" becomes "lumber" only after it is sawed into beams, planks or boards, petitioner alleged that said decree "does not apply to 'lumber.'" He added that the law is "vague and standardless" as it does not specify the authority or the legal documents required by existing forest laws and regulations. Hence, petitioner asserted that the information should be quashed as it violated his constitutional rights to due process and equal protection of the law. The prosecution opposed the motion to quash on the ground that it is not for the courts to determine the wisdom of the law nor to set out the policy of the legislature which deemed it proper that the word "timber" should include "lumber" which is a "product or

Mailene A. Caparroso Law on Natural Resources derivative after the timber is cut." Mover, the prosecution underscored the facts that when apprehended, the accused presented Private Land Timber Permit No. 030140 dated February 10, 1991 which had expired; that while the certificate of origin indicated Brgy. Sta. Cruz, the product actually came from Sitio Cadiz, and that the two jeeps bearing the product were not equipped with certificates of transport agreement. Added to this was the fact that, if the product were indeed lumber, then the accused could have presented a certificate of lumber origin, lumber sale invoices in case of sale, tally sheets and delivery receipts for transportation from one point to another. The lower court rendered a decision for the dismissal of the case but the supreme court held that Certiorari is not the proper remedy where a motion to quash an information is denied. But with respect to the constitutionality of Sec. 68 of P.D. No. 705 which petitioner would have this Court consider,[24] this Court has always desisted from delving on constitutional issues. Thus, even if all the requisites for judicial review of a constitutional matter are present in a case,[25]this Court will not pass upon a constitutional question unless it is the lis mota of the case or if the case can be disposed of on some other grounds, such as the application of the statute or general law.Wherefore the lower court should enjoined to proceed with dispatch in the prosecution of Criminal Case No. 9543. ISSUE: Whether or not a charge of illegal possession of "lumber" is excluded from the crime of illegal possession of "timber" as defined in Sec. 68 of Presidential Decree No. 705 (The Forestry Reform Code of the Philippines), as amended, to warrant the quashal of an information charging the former offense or a "nonexistent crime." HELD: To exclude possession of "lumber" from the acts penalized in Sec. 68 would certainly emasculate the law itself. A law should not be so construed as to allow the doing of an act which is prohibited by law, nor so interpreted as to afford an opportunity to defeat compliance with its terms, create an inconsistency, or contravene the plain words of the law.[10] After all, the phrase "forest products" is broad enough to encompass lumber which, to reiterate, is manufactured timber. Hence, to mention lumber in Sec. 68 would merely result in tautology.
ROLDAN, JR. vs. HON. MADRONA, et al. [G.R. No. 152989. September 4, 2002] FACTS: Manuel Jorge Roldan is the owner of a parcel of land

consisting of about 60,000 square meters covered by Transfer Certificate of Title No. TP-331 which he bought from a certain

Mailene A. Caparroso on Natural Resources Ildefonso O. Maglasang.

Law

On August 9, 2001, petitioner applied for a Private Land Timber Permit (PLTP) from the Department of Environment and Natural Resources for him to cut some trees for a proposed road and poultry farm in his property. He also paid all the fees required by the various government agencies. While waiting for the permit to be issued, petitioner was allegedly informed by some employees from the Department of Environment and Natural Resources (DENR) that he could proceed with the cutting of trees even though his application was still awaiting approval. The representatives of the Community Environment and Natural Resources Office (CENRO) of the Department of Environment and Natural Resources and personnel from the Intelligence Service, Armed Forces of the Philippines (ISAFP) of Tacloban City raided petitioners place, allegedly without a search warrant. An inventory of the cut trees was conducted. The logs were not confiscated but were entrusted to a barangay kagawad since there was allegedly no search warrant at that time. About two days later, the CENRO representatives came back with members of the media and ISAFP charging illegal logging but they failed to get the logs, again for alleged lack of search warrant. Several days thereafter, the CENRO group and ISAFP returned, this time armed with a search warrant and proceeded to confiscate 872 pieces of sawn lumber/flitches (8,506 board feet) and three felled timber logs with a total market value of P235,454.68 at P27.00 per board foot. Consequently, on September 21, 2001, a complaint for violation of Section 68 of PD 705 as amended was filed against herein petitioner by CENRO before the City Prosecutor of Ormoc City. Thereafter, the City Prosecutor issued a resolution dated November 16, 2001 finding probable cause to convict petitioner for violation of Section 68 of PD 705 as amended. Whether or not a person who cuts trees for his own use within his property without the necessary permit from the DENR and without transporting the same outside said property, be criminally charged for violating PD 705.
ISSUE:

HELD: SEC. 68. Cutting, Gathering and/or collecting Timber, or Other Forest Products WithoutLicense.- Any person who shall cut, gather, collect, remove 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

Mailene A. Caparroso Law on Natural Resources regulations, shall be punished with the penalties imposed under Articles 309 and 310 of the Revised Penal Code: Provided, That in 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. It is a settled rule that the fundamental duty of the Court is to apply the law regardless of who may be affected, even if the law is harsh - dura lex sed lex. The remedy is elsewhere clemency from the executive or an amendment of the law by the legislature.

Nature Alienable and

Planting /Cutting/Gathering

Type of Permit

Mailene A. Caparroso on Natural Resources disposable land Public

Law

Public Forest

Forest Reserves

Community Based Forest Management Agreement

Integrated Management Agreement

Forest

Private land

List of Puunishable Acts in the Utilization of Forest

Mailene A. Caparroso on Natural Resources

Law

Resources
1.) PRESIDENTIAL DECREE No. 953 REQUIRING THE PLANTING OF TREES IN CERTAIN PLACES AND PENALIZING UNAUTHORIZED CUTTING, DESTRUCTION, DAMAGING AND INJURING OF CERTAIN TREES, PLANTS AND VEGETATION Section 1. The following shall plant trees: 1. Every person who owns land adjoining a river or creek, shall plant trees extending at least five meters on his land adjoining the edge of the bank of the river or creek, except when such land, due to its permanent improvement, cannot be planted with trees; 2. Every owner of an existing subdivision shall plant trees in the open spaces required to be reserved for the common use and enjoyment of the owners of the lots therein as well as along all roads and service streets. The subdivision owner shall consult the Bureau of Forest Development as to the appropriate species of trees to be planted and the manner of planting them; and 3. Every holder of a license agreement, lease, license or permit from the Government, involving occupation and utilization of forest or grazing land with a river or creek therein, shall plant trees extending at least twenty (20) meters from each edge of the bank of the river or creek. The persons hereinabove required to plant trees shall take good care of them, and, from time to time, remove any tree planted by them in their respective areas which has grown very old, is diseased, or is defective, and replant with trees their respective areas whenever necessary. Section 2. Every owner of land subdivided into residential/commercial/industrial lots after the effectivity of this Decree shall reserve, develop and maintain not less than thirty percent (30%) of the total area of the subdivision, exclusive of roads, service streets and alleys, as open space for parks and recreational areas. No plan for a subdivision shall be approved by the Land Registration Commission or any office or agency of the government unless at least thirty percent (30%) of the total area of the subdivision, exclusive of roads, service streets and alleys, is reserved as open space for parks and recreational areas and the owner thereof

Mailene A. Caparroso Law on Natural Resources undertakes to develop such open space, within three (3) years from the approval of the subdivision plan, in accordance with the development plan approved by the Bureau of Forest Development and to maintain such parks and recreational areas. Section 3. Any person who cuts, destroys, damages or injures, naturally growing or planted trees of any kind, flowering or ornamental plants and shrubs, or plants of scenic, aesthetic and ecological values, along public roads, in plazas, parks other than national parks, school premises or in any other public ground or place, or on banks of rivers or creeks, or along roads in land subdivisions or areas therein for the common use of the owners of lots therein, or any species of vegetation or forest cover found therein shall, be punished with imprisonment for not less than six months and not more than two years, or a fine of not less than five hundred pesos and not more than five thousand pesos, or with both such imprisonment and fine at the discretion of the court, except when the cutting, destroying, damaging or injuring is necessary for public safety or the pruning thereof is necessary to enhance beauty, and only upon the approval of the duly authorized representative of the head of agency or political subdivision having jurisdiction therein, or of the Director of Forest Development in the case of trees on banks of rivers and creeks, or of the owner of the land subdivision in the case of trees along roads and in other areas therein for the common use of owners of lots therein. If the offender is a corporation, partnership or association, the penalty shall be imposed upon the officer or officers thereof responsible for the offense, and if such officer or officers are aliens, in addition to the penalty herein prescribed, he or they shall be deported without further proceedings before the Commission on Immigration and Deportation. Nothing in this Decree shall prevent the cancellation of a license agreement, lease, license or permit from the Government, if such cancellation is prescribed therein or in Government regulations for such offense. Section 4. Any person who shall violate any provision of Section one hereof, or any regulation promulgated thereunder, shall be punished with imprisonment for not less than six months but not more than two years, or with a fine of not less than five hundred pesos but not more than five thousand pesos, or with both such imprisonment than fine at the discretion of the court. If the offender is a public officer or employee, he shall, in addition, be dismissed from the public service and disqualified perpetually to hold public office. Section 5. Any person who shall violate the provision of Section 2 hereof, or any regulation promulgated thereunder, shall be punished with imprisonment for not less than two (2) years but not more than five (5) years, or with a fine equivalent to the value, at

Mailene A. Caparroso Law on Natural Resources current valuation, of the area representing thirty percent (30%) of the total area of the subdivision, or both such fine and imprisonment at the discretion of the Court. 2.) PRESIDENTIAL DECREE No. 705 May 19, 1975 REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE FORESTRY REFORM CODE OF THE PHILIPPINES CRIMINAL OFFENSES AND PENALTIES Section 68. Cutting, gathering and/or collecting timber or other products without license. Any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable and disposable public lands, or from private lands, without any authority under a license agreement, lease, license or permit, shall be guilty of qualified theft as defined and punished under Articles 309 and 310 of the Revised Penal Code; Provided, That in the case of partnership, association or corporation, the officers who ordered the cutting, gathering or collecting 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 forest products to cut, gathered, collected or removed, and the machinery, equipment, implements and tools used therein, and the forfeiture of his improvements in the area. The same penalty plus cancellation of his license agreement, lease, license or permit and perpetual disqualification from acquiring any such privilege shall be imposed upon any licensee, lessee, or permittee who cuts timber from the licensed or leased area of another, without prejudice to whatever civil action the latter may bring against the offender. 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

Mailene A. Caparroso Law on Natural Resources 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;

Mailene A. Caparroso Law on Natural Resources 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 75. Tax declaration on real property. Imprisonment for a period of not less than two (2) nor more than four (4) years and perpetual disqualification from holding an elective or appointive office, shall be imposed upon any public officer or employee who shall issue a tax declaration on real property without a certification from the Director of Forest Development and the Director of Lands or their duly designated representatives that the area declared for taxation is alienable and disposable lands, unless the property is

Mailene A. Caparroso Law on Natural Resources titled or has been occupied and possessed by members of the national cultural minorities prior to July 4, 1955. Section 76. Coercion and influence. Any person who coerces, influences, abets or persuades the public officer or employee referred to in the two preceding sections to commit any of the acts mentioned therein shall suffer imprisonment of not less than one (1) year and pay a fine of five hundred (P500.00) pesos for every hectare or a fraction thereof so improperly surveyed, classified or released. Section 77. Unlawful possession of implements and devices used by forest officers. Imprisonment for a period of not less than (2) nor more than four (4) years and a fine of not less than one thousand pesos (P1,000.00), nor more than ten thousand (P10,000.00) pesos in addition to the confiscation of such implements and devices, and the automatic cancellation of the license agreement, lease, license or permit, if the offender is a holder thereof, shall be imposed upon any person who shall, without authority from the Director or his authorized representative, make, manufacture, or has in his possession any government marking, hatchet or other marking implement, or any marker, poster, or other devices officially used by officers of the Bureau for the marking or identification of timber or other products, or any duplicate, counterfeit, or imitation thereof, or make or apply a government mark on timber or any other forest products by means of any authentic or counterfeit device, or alter, deface, or remove government marks or signs, from trees, logs, stumps, firewoods or other forest products, or destroy, deface, remove or disfigure any such mark, sign, poster or warning notices set by the Bureau to designate the boundaries of cutting areas, municipal or city forest or pasture, classified timber land, forest reserve, and areas under the national park system or to make any false mark or imitation of any mark or sign herein indicated; Provided, That if the offender is a corporation, partnership or association, the officers and directors thereof shall be liable. Section 78. Payment, collection and remittance of forest charges. Any person who fails to pay the amount due and payable under the provisions of this Code, the National Internal Revenue Code, or the rules and regulations promulgated thereunder, shall be liable to the payment of a surcharge of twenty-five per centum (25%) of the amount due and payable. Any person who fails or refuses to remit to the proper authorities said forest charges collectible pursuant to the provisions of this Code or the National Internal Revenue Code, or who delays, obstructs or prevents the same, or who orders, causes or effects the transfer or diversion of the funds for purposes other than those specified in this Code, for each such offense shall, upon conviction, be punished by a fine of not exceeding one hundred thousand

Mailene A. Caparroso Law on Natural Resources pesos (P100,000.00) and/or imprisonment for a period of not exceeding six (6) years in the discretion of the Court. If the offender is a government official or employee, he shall, in addition, be dismissed from the service with prejudice to reinstatement and with disqualification from holding any elective or appointive office. If the offender is a corporation, partnership or association, the officers and directors thereof shall be liable. Section 79. Sale of wood 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.