BASIC PROVISION OF LAW ON ILLEGAL LOGGING

PRESIDENTIAL DECREE NO. 705, ISSUED ON 19 MAY 1975, OTHERWISE KNOWN AS THE REVISED
FORESTRY CODE OF THE PHILIPPINES

DEFINITIONS
 TIMBER – piece of wood with an average diameter of 15 cm & at least 1.5 meters long, except all
mangroves.
 SQUARED TIMBER – timber squared using ax or other mechanical hard tools in the forest; unfit for
use.
 MANUFACTURED TIMBER – All timber other than squared & squared timber e.g houseposts, ship
keels, mine props, ties, bancas, etc.
 FIREWOOD – Trees of parts thereof used for household fuel, generations, except mangroves species.
 FUELWOOD – trees or parts thereof used for industrial or commercial fuel generations.
 WOOD WASTE OF TIMBER – wood generated incidental to harvesting such as log trims, tree tops,
branches, buttresses, culls, splits, crooks, etc.
 FOREST PRODUCTS – timber, firewood, bark, tree top, resin, gum, wood, oil, honey, beewax, nipa,
rattan, or other forest growth such as grass, shrubs, & flowering plant, the associated water, fish, game,
scenic, historical, recreational & geologic resources in the forestlands.
 PROCESSING PLANT – any mechanical set-up, device, machine or combination of machines used for
the conversion of logs & other forest raw materials into lumber, veneer, plywood, fiberboard,
blockboard, paperboard, pulp paper, or ther finished wood products.
 LEASE – a privilege granted to a person to occupy & possess (with rental) any forest land of the public
domain.
 LICENSE – a privilege granted to a person to utilize forest resources within forest land, WITHOUT any
RIGHT of OCCUPATION and POSSESSION of the same, or establish & operate a wood processing
plan, or conduct any activity involving the utilization of Fresources.
 LICENSE AGREEMENT- a privilege granted to… WITH the RIGTH of POSSESSION &
OCCUPATION…. With the obligation to develop/protect/rehabilitate the same in accordance w/ the
agreement.
 PERMIT – a short-term privilege or authority granted to a person to utilize any limited forest resources
or undertake a limited activity…WITHOUT the RIGHT of OCCUPATION & POSSESSION.
 FOREST OFFICER- any official or employee of the DENR appointed or delegated by law or by
competent authority to execute, implement or enforce the provisions of PD 705 & other related laws.

SECTION 77 OF PD 705, AS AMENDED, PROVIDES:

“Section 77. Cutting, Gathering, and or Collecting timber or other Forest Products without license. Any
person who shall : cut, gather, collect, remove timber or other forest products from any forest land, or
TIMBER from Alienable & Disposable public land, or from private land WITHOUT ANY AUTHORITY, or
POSSESS timber other forest products WITHOUT the LEGAL documents as required under existing forest
laws and regulations, shall be punished with the penalties imposed under Article 309 and 310 of the Revised
Penal Code,Provided, that in case of partnership, associations, or corporations, the officers who ordered the
cutting, gathering, collection or possession shall be liable, and if such officers are aliens, they shall, in addition
to the penalty, be deported without further proceedings on the part of the Commission on Immigration and
Deportation.
“The court shall further order the confiscation in favor of the government of the timber or any
forest products cut, gathered, collected, removed, as well as the machinery, equipment, implements and tools
illegally used in the area where the timber or forest products are found.”

OFFENSES PUNISHABLE UNDER SECTION 77 OF PD 705, AS AMENDED.

1. Cutting, gathering, collecting or removing of TIMBER or other FOREST PRODUCTS from any FOREST
LAND land without authority.
2. Cutting, gathering, collecting or removing of TIMBER from ALIENABLE or DISPOSABLE PUBLIC LAND or
from PRIVATE LAND.
Possession of TIMBER or other FOREST PRODUCTS without legal documents as required under the existing
forest laws and regulations.

PERSONS LIABLE
• The CUTTER
• The GATHERER
• The COLLECTOR
• The REMOVER
• The POSSESSOR
• The OFFICERS of Association or Partnership or Corporation
EXAMPLE OF AUTHORITY TO CUT

KIND OF LAND STATUS SPECIES ISSUING

PERMIT OFFICER

1. TLA Forest Land Natural Grown DENR Secretary

Trees, etc. or his rep

2. TPSA Forest Land Natural Grown DENR Secretary

Trees, etc. or his rep

3. PLTP Private Land Natural Grown CENR/PENRO/

Trees, etc. RED/Secretary

4. SPLTP Private Land Narra & Other DENR Secretary

Premium Only
Species

4. SP Civil/Military reservations Narra & Other DENR Secretary

or resettlement/Forest Premium Only
areas Species

5. COV Private Land Planted Trees CENRO

except
Premium

6. WOOD Forest & Private Lands All kinds CENR/PENRO/

RECOVERY (damages RED/
PERMIT trees) SECRETARY
PREMIUM SPECIES
(per DAO No. 78, S-1987 & DAO No. 19, S-1995)
• Narra Batikuling
• Molave Betis
• Dao Bolong - eta
• Kamagong Teak
• Ipil Tindalo
• Akle Manggis
• Apanit Almaciga
• Banuyo Lanete
• Ebony Lambayao
• Kalantas Sangilo
• Supa

DOCUMENTS REQUIRED FOR THE TRANSPORT OF LOGS/TIMBER

• Certificate of Timber Origin (CTO)
• Auxiliary Invoices
• Sales or Commercial Invoices
• Log Supply Contract or LSPA
• Scale or Tally Sheet (logs marked with Forest Officer’s marking hatchet & Timber Licensee’s
Registered Log Mark
• Certificate of Transport Agreement (CTA)

VALIDITY OF CTO
Timber/Logs transported or shipped without the accompanying CTO shall be presumed as coming from illegal
source(s) & shall be subject to confiscation. CTO shall be issued on a per shipment basis & valid only for a
period of FIFTEEN (15) days including saturdays, sundays & holidays. Renewal or extension shall be secured
from nearest DENR Office.

TRANSPORT OF LUMBER (Domestic Transport)

• Original Copy of Certificate of Lumber Origin (CLO)
• Lumber Sales Invoice (in case of limber sale)
• Tally Sheets
• Delivery Receipts
• CTA (or Clearance from CENRO in case the owner of the vehicle is also the owner of the lumber)
TRANSPORT OF LUMBER (EXPORT)
• Original copy of Certificate of Lumber Origin (CLO)
• Log Sale Invoices (in case of sale of logs from which the lumber were produced)
• Lumber sale Invoices (in case of lumber sale)
• Tally Sheets
• Delivery Receipts
• Certificate of Inspection
• CTA (unless dispensed with)
TRANSPORT OF MINOR FOREST PRODUCTS (MFP)
• Original Copy of the Certificate of Origin of MFP
• Auxiliary Invoices
• Delivery Receipts
• Certificate of Transport Agreement (CTA)

DOCUMENTS TO SUPPORT CUTTING/TRANSPORT OF PLANTED TREES & OTHER NON-TIMBER

PRODUCTS TAKEN FROM ISF AREAS
FOR PERMIT TO HARVEST:
 Application for Harvesting (with format)
 Joint Inventory Statement by CENRO SFDO & LGU CDA (if ISF Project is devolved to LGU) supported
with Inventory/Tally Sheets/Stand & Stock Table
 Others e.g. Barangay Certification, Photographs
FOR TRANSPORT : (all in original form)
 Permit to Harvest (issued by CENRO)
 Certificate of Origin (CTO) issued by CENRO
 Certificate of Transport Agreement (CTA) ???
 Tally Sheets (if lumber/woods)

TOPICS & PRINCIPLES TO CONSIDER IN THE PROSECUTION OF ILLEGAL LOGGING CASES

1. The need to identify the Offense covered;
2. The persons authorized to enforce the law;
3. Arrest and Apprehension of the Offenders;
4. Search and Seizure;
5. Preliminary investigation; and
6. Prosecution of the offender in court

PERSONS AUTHORIZED TO CONFISCATE/SEIZE

1. Forest Officer or Employee of the Forest Management Bureau (DENR)
2. Personnel of the PNP
3. Any Agency, Barangay or barrio official or any qualified person to be deputized by the DENR;
4. Special Force of the AFP organized in every region to enforce forest laws under the MOA by Secretaries of
DND & DENR
5. DENR Officers and other authorized personnel of DENR subject however, that their authority is within their
respective jurisdiction.
6. Such Other persons and officers that may be designated by the Department Head in the exercise of his
administrative authority.

AUTHORITY OF FOREST OFFICERS (Sec. 45, PD 705)

• “When the performance of their official duties, forest officers or other government officials or
employees duly authorized by the Department Head or Director, shall have free entry into areas
covered by a license agreement, lease or permit.”
• “Forest Officers are authorized to administer oaths and take acknowledgment in official matters
connected with the functions of their office, and to take testimonies in official investigations
conducted under authority of this Code and the implementing rules and regulations”

ARREST WITHOUT WARRANT

 When in his presence, the person to be arrested has committed, is actually committing or
attempting to commit an offense;
 When an offense is in fact being committed and he has knowledge of the fact indicating that the
person to be arrested has committed it; and
 When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily being transferred from one confinement
to another.

SEARCH & SEIZURE

Section 2, Article 3 of the Bill of Rights of the present
“The right of the people to be secured in their persons, houses, papers, & effects against unreasonable
searches & seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall be issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complaint and the witnesses he may produce, and particularly
describing the place to be searched and the persons and things to be seized.”

WARRANTLESS SEARCH
• When the warrantless search is an incidental to a lawful arrest: i.e. search of the premises where the
arrest is made in order to find and seize things connected with or by which the crime is committed,
weapons and other things and/or prevent the offenders’ escape from custody;
• Warrantless search for moving vehicles containing contraband;
• Warrantless search for evidence of crime in plain view of searching officer;
• Seizure of goods in which the duties have not been paid; and
• Search and Seizure conducted pursuant to waiver of such right by person affected.

SEARCH & SEIZURE

(WITH WAIVER OF RIGHT)
In a Search & Seizure conducted to a waiver of right by the person affected, it must appear that:
1. The RIGHT exists;
2. The PERSON involved has knowledge, actual or constructive, of the existence of such crime; and
3. The said PERSON has the actual intention to relinquish the RIGHT.
(The fact that the accused failed to object to the entry into his house does not amount to permission to make a
search therein)

GENERAL GUIDELINES IN THE ADMINISTRATIVE CONFISCATION/SEIZURE OF ILLEGALLY CUT

TIMBER OR FOREST PRODUCTS, CONVEYANCES, TOOLS & IMPLEMENTS & CRIMINAL
PROSECUTION
• Immediately after seizure of forest products together with the tools, conveyances & instrument
used in the commission of the offense, the apprehending forest officers shall execute his sworn
statement/affidavit surrounding the facts of the case. He shall also take the affidavits or
statements of witnesses.
• Conduct the scaling/measurement of seized forest products; assess the gross volume without
the benefit of deducting the natural defects.
• If apprehension is made by PC/INP, EEIB, Coast Guard & other government law enforcement
agencies, the apprehending agency shall notify the nearest DENR Office and TURN OVER the
seized forest products to the CENRO/PENRO/RED for proper investigation and disposition.

TEMPORARY RELEASE OF CONVEYANCE MAY BE ALLOWED

Temporary release of conveyance(s) can be made AFTER one month from confiscation & the case has
not been resolved, upon application to be filed with the DENR Secretary & only upon compliance with
the following:
1. Posting of CASH BOND EQUAL to the value of the conveyance or a GSIS Surety Bond double
the value of the conveyance as determined by the COA;
2. Guarantee from a responsible public official that the conveyance will be produced whenever
required by the DENR during the pendency of the case.

NEEDED DOCUMENTARY & TESTIMONIAL EVIDENCE

• Sworn Statement of at least two (2) Apprehending Officers supported with photographs;
• Coordinated Map of the Area describing the exact location where the illegal act took place;
• Scale and Tally Sheets;
• Value of the Forest Products apprehended;
• Apprehension/Seizure Reciept;
• Others e.g. Affidavits of credible witnesses

SCALE & PENALTY

VALUE PENALTY

P 6,000.00 to P 12,000.00 2 years and 11 months to 6

years of imprisonment

P 12,000.00 to P22,000.00 6 years and 1 day to 10 years

For every P 10,000.00 in 1 year, but the total shall not

excess of P 22,000.00 exceed 20 years
Note : The penalty for possessing illegally obtained timber with a value of P 22,000.00 is a minimum of 17
years to a maximum of 20 years imprisonment. If the value exceed this amount, an additional one year of
imprisonment will be imposed for every P 10,000.00

UNLAWFUL OCCUPATION OR DESTRUCTION OF FOREST LANDS

• Any person who enter and occupy or possess, or make kaingin for his own private use or for others,
into any forest lands without authority, in any manner destroy such forest lands or part thereof, or cause
any damages to timber stand & other products and forest growth, or assist or aid any person to do so,
or set a fire, upon conviction, shall be fined in an amount not less than P500.00 or more than P
20,000.00 and imprisonment of not less than 6 months or more than 2 years and be liable to the
payment of 10 times the rental fees & other forest charges. For kaingin, the penalty, if convicted, is 2-10
yrs imprisonment & a fine equal to 8 times of the regular forest charges without prejudice to filing of
other charges.(Intentional burning of any forest is punishable as arson & carries with it a minimum
penalty of 12 years imprisonment to a maximum of life imprisonment per PD 1613, 1979)

FORESTRY LAWS
• PD 389 - The Forestry Reform Code of the Philippines
• PD 705 – Revised Forestry Code of the Philippines (Revising PD 389)
• PD 865 – amends Section 32 of PD 705, December 29, 1975.
• PD 1559 – amends Section 3, 11, 14, 17, 20, 22, 26 & 30 of PD 705, June 11,
1978
• EO 277 – amends Section 68 of PD 705, adding the term “POSSESSION” & adding
Section 68-A & 68-B, July 25, 1987.

VOLUME COMPUTATION

LUMBER/SQUARED Volume (in Board Feet)

TIMBER/FLICHES
=Thickness (in inches) X Width (in
inches) X Length (in Feet)/ 12

ROUND TIMBER/LOGS Volume (cu.meter) =

(FALLEN)
.7854 X (Ave. Dia.in cm)2 X Length
(meter)

One Cubic Meter is equal Note : Volume of Standing trees,

to 424 Bd Ft. Dipterocarp & Non-Dipterocarp
Species have different formula
Republic 8550
Philippine Fisheries Code

Sec. 3 Application of its Provisions

a. All Philippine waters including other waters over which the Philippines has sovereignty and jurisdiction, and
the country’s 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf;
b. All aquatic and fishery resources whether inland, coastal or offshore fishing areas, including but not limited
to fishponds, fish pens/cages; and
c. All lands devoted to aquaculture, or businesses and activities relating to fishery, whether private or public
lands

Rule 3.1 Jurisdiction

The Department, through the BFAR, in cooperation with concerned national agencies, shall have the responsibility
and jurisdiction in the management, conservation, development, protection, utilization, and disposition of all fisheries
and aquatic resources of the country, except municipal waters. However, in municipal waters the DA-BFAR
may coordinate with and assist the LGUs, FARMCs, and other government agencies concerned in the
development, conservation, protection, utilization and management of fisheries and aquatic resources.

Municipal Waters
• Municipal Waters – include not only streams, lakes, inland bodies of water and tidal waters within the
municipality which are not included within the protected area as defined under Republic Act No. 7586 (The
NIPAS Law), public forest, timber lands, forest reserves or fishery reserves, but also marine waters included
between 2 lines drawn perpendicular to the general coastline from points where the boundary lines of the
municipality touch the sea at low tide and a third line parallel with the general coastline including offshore
islands and 15 km. from such coastline. Where 2 municipalities are so situated on opposite shores that
there is less than 30 km. of marine waters between them, the third line shall be equally distant from opposite
shore of the respective municipalities

Small scale commercial fishing

- Fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT
Medium scale commercial fishing
- Fishing utilizing active gears and vessels of 20.1 GT to 150 GT
Large scale commercial fishing
- Fishing utilizing active gears and vessels of more than 100 GT
Passive Fishing Gear
- is characterized by the absence of gear movements and/or the pursuit of the target species; such as, but not
limited to, hook and line, fish pots, traps and gill nets across the path of the fish
Active Fishing Gear
- a fishing device characterized by gear movements, and/or the pursuit of the target species by towing, lifting, and
pushing the gears, surroundings, covering, dredging, pumping and scaring the target species to impoundments;
such as, but not limited to, trawl, purse seines, Danish seines, bag nets, drift gill net and tuna long line

Article 1
MUNICIPAL FISHERIES
Sec. 16 Jurisdiction of Municipality/City Government
The municipal/city government shall have the jurisdiction over municipal waters as defined in this Code. The
municipal/city government, in consultation with the FARMC shall be responsible for the management, conservation,
development, protection, utilization, and disposition of all fish and fishery/aquatic resources within their respective
municipal waters
The municipal/city government may, in consultation with the FARMC, enact appropriate ordinances for this purpose
and in accordance with the National Fisheries Policy. The ordinances enacted shall be reviewed pursuant to
Republic Act NO. 7160 by the Sanggunian of the province which has jurisdiction over the same.

Sec. 18 Users of the Municipal Waters

All fishery related activities in municipal waters, as defined in this Code, shall be utilized by municipal fisher folk and
their cooperatives/organization who are listed as such in the registry of municipal fisher folk.
The municipal or city government, however, may, through its local chief executive and acting pursuant to an
appropriate ordinance, authorize or permit small and medium commercial fishing vessels to operate within the 10.1
km. to 15 km. area from the shoreline in municipal waters as defined herein, provided that all the following are met:

 No commercial fishing in municipal waters with depth less than 7 fathoms as certified by the
appropriate agency.
 Fishing activities utilizing methods and gears that are determined to be consistent With national
policies set by the Department.
 Prior consultation, through public Hearing, with the M/CFARMC has been conducted.
 The applicant vessel and the shipowner, employer, captain and crew have been Certified by the
appropriate agency as not having violated this Code, environmental Laws and related laws.

Article 3
AQUACULTURE FISHERIES
Sec. 45 Disposition of Public Lands for Fishery Purposes
Public lands such as tidal swamps, mangroves, marshes, foreshore lands and ponds suitable for fishery operations
shall not be disposed or alienated. Upon effectivity of this Code, Fishpond Lease Agreement (FLA) may be issued
for public lands that may be declared available for fishpond development primarily to qualified fisherfolk
cooperatives/associations:
Provided, that upon the expiration of existing FLAs the current lessees shall be given priority and be entitled to an
extension of 25 years in the utilization of their respective leased areas. FLAs shall be granted to any Filipino citizen
with preference, primarily to qualified fisher folk cooperatives/associations as well as small and medium enterprises
as defined under Republic Act 8289

Sec. 46 Lease of Fishponds

Fishpond leased to qualified persons and fisher folk organizations/cooperatives shall be subject to the following
conditions:
a) Areas leased for fishpond purposes shall be:
 no more than 50 hectares for individuals
 250 hectares for corporations or fisherfolk organizations
b) The lease shall be for a period of 25 years and renewable for another 25 years: Provided, that in case of the
death of the lessee, his spouse and/or children, as his heirs, shall have preemptive rights to the unexpired
term of his FLA subject to the same terms and conditions provided herein and provide that the said heirs are
qualified;
c) Lease rate shall be determined by DA: All fees collected shall be remitted to the National Fisheries
Research and Development Institute and other qualified research institutions to be used for aquaculture
research development;
d) The are leased shall be developed and producing on a commercial scale within 3 years from approval of the
lease contract: Provided, however that all areas not fully producing within 5 years from the date of approval
of the lease contract shall automatically revert to the public domain for reforestation;
e) The fishpond shall not be subleased, in whole or in part, and failure to comply with this provision shall mean
cancellation of FLA;
f) The transfer or assignment of rights to FLA shall be allowed only upon prior written approval of the
Department;
g) The lessee shall undertake reforestation for river banks, bays, streams and seashore fronting the dike of his
fishpond subject to the rules and regulations to be promulgated thereon; and
h) The lessee shall provide facilities that will minimize environmental pollution, i. e. ponds, reservoirs, etc.:
Provided, that failure to comply with this provision shall mean cancellation of FLA.

Forestry Code
ORGANIZATION AND JURISDICTION OF THE BUREAU
• SEC. 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, herein-after referred to as the Bureau.
• SEC. 5. 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.
• It shall be responsible for the protection, development, management, regeneration, and reforestation
of forest lands; the regulation and supervision of the operation of licensees, lessees and permittees of the
taking or use of forest products therefrom or the occupancy or use thereof; the implementation of multiple
use and sustained yield management in forest lands; the protection, development and preservation
of national parks, marine parks, game refuges and wildlife; the implementation of measures and
programs to prevent kaingin and managed occupancy of forest and grazing lands; in collaboration with
other bureaus, the effective, efficient and economic classification of lands of the public domain; and
the enforcement of forestry, reforestation, parks, game and wildlife laws, rules and regulations.
• The Bureau shall 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.

OFFENSES PUNISHABLE UNDER SECTION 77 OF PD 705, AS AMENDED.

1. Cutting, gathering, collecting or removing of TIMBER or other FOREST PRODUCTS from any FOREST LAND
land without authority.
2. Cutting, gathering, collecting or removing of TIMBER from ALIENABLE or DISPOSABLE PUBLIC LAND or from
PRIVATE LAND.
Possession of TIMBER or other FOREST PRODUCTS without legal documents as required under the existing
forest laws and regulations.