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Forestry Laws-Lecture.ppt

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JohnMarkParacad1

This document provides information on Philippine forestry laws, including: - The country's forest cover has declined significantly from 36.3% in 1970 to 18% in 2001. - Region 2 has the second largest forest cover of any region, totaling over 1 million hectares across various provinces. - Presidential Decree No. 705 (Revised Forestry Code) establishes penalties for illegal logging and other forestry violations. Cutting trees without permission can be punished as theft under the Revised Penal Code. - The Forestry Code prohibits various activities that damage forests, such as kaingin making (slash and burn farming), uncontrolled grazing, and destroying protected areas. Penalties include

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FORESTRY LAWS ATTY. JOHN MARK N. PARACAD LEGAL DIVISION,DENR REGION 02 PARALEGAL TRAINING FOR THE BANTAY-GUBAT OF THE FOREST PROTECTION PROGRAM CFFQI Training Center, Cabarroguis, Quirino July 11, 2017
 The Philippines has a total land area of 30 million hectares National Forestry Situationer  53 percent or 15.88 million hectares are forestlands  47 percent or 14.12 million hectares are alienable and disposable lands
Forest Statistics 1980s ─ 100,000 has./year 1960s ─ 300,000 has./year 1940s ─ 100,000 has./year 1800s ─ 50,000 has./year DEFORESTATION RATE 1990 ─ 6.7 M has. with 984,100 has. virgin forest 1980 ─ 7.4 M has. 1970 ─ 10.4 M has. 1934 ─ 17 M has. with 11 M has. virgin forest FOREST COVER 1990 ─ 62 M 1970 ─ 35 M 1935 ─ 15 M POPULATION 1988 ─ 17.4 M are forest occupants 1997 ─ 5.59 M has. with 800,000 has. virgin forest
Forest land area alarmingly went down from 36.3 % or 1/3 of RP’s land area in 1970 to 18 % in 2001. NATIONAL FOREST DATA
 2nd to Region IV B among 17 Regions in the country having the most forest cover. BATANES 5,462 Hectares CAGAYAN 424,213 Hectares ISABELA 411,804 Hectares NUEVA VIZCAYA 175,923 Hectares QUIRINO 132,443 Hectares TOTAL 1,149,845 Hectares IMPROVED FOREST COVER REGION 2
REGION 2 FORESTRY UPDATE 736.25 669.49 473.08 524.15 722.96 372.68299.4 3798.01 0 500 1000 1500 2000 2500 3000 3500 4000 2 0 1 0 2 0 1 1 2 0 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 T O T A L Cubic Meters Year VOLUME OF APPREHENSION REGION 2 637.14 573.89 373.13 233.57 1463.61 127.77 125.24 3534.35 0 500 1000 1500 2000 2500 3000 3500 4000 2 0 1 0 2 0 1 1 2 0 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 T O T A L Cubic Meters Year VOLUME OF CONFISCATION
The Constitution provides for the protection and advancement of the right of the people to a balanced and healthy environment in accord with the rhythm and harmony of nature (Art. 2, Sec. 16). It also provides to protect the Filipino from disasters like floods or landslides, and from threats to environmental and economic security like wood and water shortage, biodiversity loss, air pollution and drought. 1987 Philippine Constitution
EXECUTIVE ORDER 192 (approved June 1987) provides for the reorganization of the DENR The DENR is the primary government agency responsible for the conservation, management development, and proper use of the country’s environment and natural resources. EO 192 3. ENABLING LAWS OUTLINING THE MANDATE OF DENR
PENAL PROVISIONS Presidential Decree No. 705 otherwise known as the “Revised Forestry Code of the Philippines” as amended by Executive Order No. 277, Series of 1987
“SEC. 77. CUTTING, GATHERING, COLLECTING AND/OR REMOVING TIMBER, OR OTHER FOREST 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 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 (theft) and 310 (qualified theft) 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.”
SECTION 77-A ADMINISTRATIVE AUTHORITY OF THE DEPARTMENT HEAD OR HIS DULY AUTHORIZED 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. [As added by EO No. 277]
It must be noted that the afore-quoted law even prohibits private land owners from cutting, collecting, gathering and removing naturally growing timber within their private land without any authority under a license agreement, lease, license, or permit issued by the DENR.
There are, however, three ways or modes of committing it. These are: 1. Cutting, gathering, collecting or removing of timber or other forest products from any forest land without authority. the cutting, gathering, collecting or removing is without authority the timber or other forest products is cut, gathered, collected or removed from any forest land there must be cutting, gathering, collecting or removing of timber or other forest products Element 1 Element 2 Element 3
2. Cutting, gathering, collecting or removing of timber from alienable or disposable public land or from private land the cutting, gathering, collecting or removal of timber is without authority the timber is cut, gathered, collected or removed from (i) alienable or disposable public land or (ii) from private land there must be cutting, gathering, collecting or removing of timber Element 1 Element 2 Element 3 The cutting of timber even from private or titled lands requires a license or permit (for those naturally grown trees).
3. Possession of timber or other forest products without the legal documents as required under existing forest laws and regulations His possession of timber or other forest products is without the legal documents as required under existing forest laws and regulations The accused possessed timber or other forest products Element 1 Element 2 In this mode, the source of timber or other forest products is not specified. The provisions is silent as to the source, under this mode, can only imply that all types of land are covered. The intent of the law is to punish the mere act of possessing timber and other forest products without legal documents, whatever may be the source. Accordingly, unlawful possession of timber or forest products comes from public forest land, alienable and disposable land, or even private land.
Persons Liable cutter gatherer collector remover possessor or any and all persons who appear to be responsible for the commission of the offense (owners of conveyances and owners of tools and implements) in case of partnership, associations, or corporations, the OFFICERS who ORDERED the cutting, gathering, collection or possession.
The basis of the penalty for illegal logging, as theft and qualified theft, is the value of the timber or forest products subject of the offense. The penalty is imprisonment from arresto menor to reclusion temporal. The duration of the penalties are shown in the following table. BASIS AND PENALTIES FOR ILLEGAL LOGGING
2 yrs. 4 mos. & 1 day to 6 yrs. Prision Correccional in its medium and maximum periods P 5 or less 8 yrs. & 1 day to 12 yrs. Reclusion Temporal in its medium and maximum periods More than P5.00 up to P50.00 8 yrs.& 1 day to 14 yrs. & 8 mos. Reclusion Temporal in its medium and maximum periods More than P50.00 up to P200.00 8 yrs. & 1 day to 12 yrs. Prision Mayor in its medium and maximum periods More than P200.00 up to P6,000.00 10 yrs. & 1 day to 12 yrs. Prision Mayor in its maximum period to Reclusion Temporal in its minimum period More than P6,000.00 up to P12,000.00 14 yrs. 8 mos. & 1 day to 20 yrs. Reclusion Temporal in its medium and maximum periods More than P12,000.00 up to P22,000.00 18 yrs. 2 mos. & 21 days to 20 yrs (1 yr for each add’l P10,000.00 but total penalty shall not exceed 20 yrs) Reclusion Temporal in its medium and maximum periods More than P22,000.00 DURATION PENALTY VALUE Penalties for Illegal Logging
SECTION 78 UNLAWFUL OCCUPATION OR DESTRUCTION OF FOREST LANDS AND GRAZING LANDS Kaingin Making is severely penalized (2-4 years imprisonment plus fine) If convicted, damages is 10x value of accruing forest charges and value of forest damage SECTION 79 PASTURING LIVESTOCK
SECTION 80 ILLEGAL OCCUPATION OF NATIONAL PARKS SYSTEM AND RECREATION AREAS AND VANDALISM THEREIN Penalty is fine only therefore not really a deterrent But SECTION 20 of RA 7586 (NIPAS ACT) punishes squatting in protected areas with imprisonment, hence it is better to file a criminal complaint using this provision Also same situation with Caves Act -Suggestion- use the latter laws rather than PD 705 provisions
SECTION 81 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. Note: Use Section 27, 28 of RA 9147 (Wildlife Act) since this provision has antiquated penalty
(Section 12 of DAO No. 2000-21 & Section 3 of P.D. 953) No cutting of trees within 20 meters on both sides of the road unless such trees have been determined to pose danger to life and property. No cutting of trees on a strip 20 meters wide on both sides of creeks or river bordering or traversing private land, for stream bank protection. In areas covered by the logging ban/moratorium, no round logs or lumber shall be transported outside the province where the PLTP/SPLTP is located unless authorized by the Secretary. Selective cutting shall be undertaken in areas 18% in slope or more. 1 4 3 2 Prohibitions 5 No cutting of mangrove species (RA 7161)
Supreme Court Decisions on Violations of the Penal Provisions of PD 705
Aquino vs. People of the Philippines July 27, 2009 FACTS On May 19, 1993, RED Batcagan (CAR) issued a permit allowing the cutting of 14 dead Benguet Pine trees within the Teacher’s Camp in Baguio City. On July 23, 1993, some of the forest rangers proceeded at the teacher’s camp because they received information that pine trees were being cut without proper authority. There they found petitioner FRs Ernesto Aquino and Michael Cuteng who were supervising the cutting of the trees. The forest rangers found that the trees cut exceeded the number of trees allowed by the permit. ISSUE IS AQUINO GUILTY OF VIOLATING PD 705?
Aquino vs. People of the Philippines July 27, 2009 RULING NO. He was not the one who cut, gathered or collected. He merely supervised. Also, he was not in possession of the cut trees because the lumber was used by the Teacher’s camp for repairs. His liability, may be, at best, purely administrative.
QUESTIONS: 1. Can a person be held liable for cutting trees in a private lot? 2. Can a private individual file a case of violation of PD 705?
Merida v. People of the Philippines June 12, 2008 FACTS Tansiongco discovered that Merida cut a narra tree in his private land, the Mayod Property. Tansiongco reported the matter to the punong barangay who summoned petitioner to a meeting. During that meeting, Merida made extrajudicial admissions that he did cut the tree but claimed that he did so with the permission of Vicar Calix, who, he alleges, bought the Mayod Property from Tansiongco. Tansiongco again reported the matter, this time with the DENR. Merida made the same extrajudicial admissions. Tansiongco filed a complaint with the Provincial Prosecutor charging Merida with violation of Section 68 of PD No. 705. The Pro secutor found probable cause and filed the information with the trial court. The trial court found Merida guilty as charged. The Court of Appeals affirmed the trial court’s judment. .
Merida v. People of the Philippines June 12, 2008 ISSUES (1) Whether the trial court acquired jurisdiction over the case considering that it was filed by a private individual and not by a DENR forest officer. (2) Whether Merida is guilty of violating Section 68 of PD No. 705
1. Yes, the court has jurisdiction upon complaint of private invidual involving violation of Section 68 of PD 705 as amended. - Tansiongco was not precluded, either under Section 80 of PD 705 or the Revised Rules, from filing a complaint before the Provincial Prosecutor for petitioner's alleged violation of Section 68 of PD 705, as amended. 2. Yes, because he cut timber in the Mayod Property without DENR permit.
RELATED CASES FACTORAN VS. CA (December 13, 1999) RULING: The DENR is not compelled to criminally prosecute and can just confiscate lumber. The Secretary’s authority to confiscate forest products under Section 68 of PD No. 705 is “distinct from and independent of the confiscation of forest products in a criminal action provided for in Section 68 of PD No. 705.” In a former case, the Court has held that “precisely because of the need to make forestry laws ‘more responsive to present situations and realities’ and in view of the ‘urgency of conserve the remaining resources of the country,’ that the government opted to add Section 68-A.
QUESTIONS: 1. If the forest products were not presented in court, can the accused be convicted? 2. Is the apprehended lumber the corpus delicti (body of the crime) of violation of PD 705? 3. How can you prove the value of the lumber?
Villarin vs People August 21, 2011 FACTS On December 31, 1995 in Pagalungan CDO, Granada saw a PUJ loaded with timber stop in his house, Driver Latayada and Boyatac accompanied by 4 others unloaded timber near the Batinay Bridge. On January 13, 1996, Casenas, a radio and TV personality of RMN-TV8, took footages of the timber hidden and covered by coconut leaves. Casenas also took footages of more logs inside a bodega at the other side of the bridge. In the following evening, the footages were shown in a news program on television. On the same day, members of the DENR Region 10 Strike Force Team measured the timber and determined that it totaled 4,326 board feet.
Villarin vs People August 21, 2011 FACTS Upon further investigation, it was learned that the timber was requisitioned by Villarin, who was then Barangay Captain of Pagulangan, Cagayan de Oro City. Villarin gave the specifications for the requisitioned timber. Thereafter, Boyatac informed Villarin that the timber was already delivered on December 31, 1995. In defense, Villarin alleged that the Barangay Council authorized the repairt of the bridge. He was merely pressured by the clamor of the people to make the bridge passable again. Villarin also alleged that the timber which was already used in the bridge was not presented, hence, the corpus delicti of the crime was not presented.
Villarin vs People August 21, 2011 RULING 1.Villarin was convicted. 2.The confiscated lumber is not the corpus delicti in illegal possession of lumber. The act punished is the possession of forest products without authority from the DENR 3.Value of the lumber must be proven as a fact. (in People vs Dator the SC held that there should be proof independent of the DENR valuation.
QUESTION: May an LGU pass an ordinance requiring the issuance of permit to possess/transport lumber within its AOR?
Ruzol vs. Sandigan Bayan April 17, 2013 - Ruzol, then mayor of Nakar, Quezon was charged of 221 counts of Article 177 (Usurpation of Authority) for issuing Permit To Transport Salvaged Products. Ruzol issued the same under authority of Section 16 RA 7160 (General Welfare Clause of the LGC) - The SC ruled that DENR has no exclusive authority to issue the permit to transport as the LGC may issue such within its AOR. - The authority should complement and not substitute the requirements of the DENR
Other Forestry Related Laws
REPUBLIC ACT 9147 Wildlife Resources Conservation and Protection Act
Scope of application: All wildlife WILDLIFE wild forms and varieties of flora and fauna, in all developmental stages, including those which are in captivity or are being bred or propagated.
Illegal Acts 1. Killing and destroying wildlife species, except: • For religious rituals • Due to communicable disease • To end misery of the wildlife • Prevent imminent danger • Authorized research or experiment
2. Inflicting injury which cripples and/or impair the reproductive system of the wildlife Illegal Acts
3. Effecting any of the following acts in critical habitat • Dumping of waste products • Squatting or occupying portions of the habitat • Mineral exploration and/or extraction • Burning • logging Illegal Acts
4. Introduction, reintroduction or restocking of wildlife 5. Trading of wildlife 6. Collecting, hunting or possessing wildlife, their by-products and derivatives 7. Gathering or destroying of active nests, nest trees, host plants and the like 8. Maltreating and/or inflicting injury 9. Transporting of wildlife Illegal Acts
DAO 2004-15 Establish list of threatened species and their categories
Critical Refers to species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future DAO 2004-15 Establish list of threatened species and their categories Mammals 7 species Birds 13 species Reptiles 4 species
DAO 2004-15 Establish list of threatened species and their categories Mammals 5 species Birds 13 species Reptiles 6 species Amphibians 4 species Endangered Refers to species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors continue operating
DAO 2004-15 Establish list of threatened species and their categories Mammals 17 species Birds 54 species Reptiles 4 species Amphibians 10 species Vulnerable Refers to species or subspecies that is not critically endangered but is under threat from adverse factors throughout their range and is likely to move to the endangered category in the near future
Threatened A general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of extinction Mammals 5 species Birds 1 species Reptiles 4 species Amphibians 1 species DAO 2004-15 Establish list of threatened species and their categories
Fines and Penalties VIOLATION WILDLIFE SPECIES CRITICAL ENDANGERE D VULNERABL E THREATENE D OTHERS a. Killing/ destroyin g wildlife 6 years & 1 day to 12 years imprisonm ent and/or 100T to 1M fine 4 years & 1 day to 6 years imprison- ment and/or 50T to 500T fine 2 years & 1 day to 4 years impri- sonment and/or 30T to 300T fine 1 year & 1 day to 2 yrs imprison- ment and/or 20T to 200T fine 6 mos. & 1 day to 1 yr impri- sonmen t and/or 10T to 100T fine b. Inflicting injury which cripples and/or impairs 4 years & 1 day to 6 years imprisonm ent and/or 50T to 500T 2 years & 1 day to 4 years imprison- ment and/or 30T 1 year & 1 day to 2 years impri- sonment and/or 20T 6 mos. & 1 day to 1 yr imprison- ment and/or 1 mo. & 1 day to 6 mos. impriso n-ment and/or
Fines and Penalties VIOLATION WILDLIFE SPECIES CRITICAL ENDANGERE D VULNERABL E THREATENE D OTHERS c. Dumping wastes, squatting, mineral exploration, extracting, burning, logging, quarrying 1 month to 8 years imprisonment and/or 5T to 5M fine d. Introduction , reintroducti on or restocking 1 month to 8 years imprisonment and/or 5T to 5M fine
Fines and Penalties VIOLATION WILDLIFE SPECIES CRITICAL ENDANGERED VULNERABLE THREATENED OTHERS e. Trading of wildlife 2 years & 1 day to 4 years imprisonme nt and/or 5T to 300T fine 1 year & 1 day to 2 years imprison- ment and/or 2T to 200T fine 6 mos. & 1 day to 1 year imprison- ment and/or 1T to 100T fine 1 mo. & 1 day to 6 mos. impri- sonment and/or 500 to 5T fine 10 days to 1 mo. impri- sonment and/or 200 to 20T fine f. Collecting, hunting or possessin g wildlife and/or by- products & derivatives 2 years & 1 day to 4 years imprisonme nt and/or 30T to 300T fine 1 year & 1 day to 2 years imprison- ment and/or 20T to 200T fine 6 mos. & 1 day to 1 year imprison- ment and/or 10T to 100T fine 1 mo. & 1 day to 6 mos. impri- sonment and/or 5T to 50T fine 10 days to 1 mo. impri- sonment and/or 1T to 5T fine
Fines and Penalties VIOLATION WILDLIFE SPECIES CRITICAL ENDANGERE D VULNERABL E THREATENE D OTHERS g. Gathering or destroying of active nests, nest trees and host plants 2 years & 1 day to 4 years imprisonm ent and/or 30T to 300T fine 1 year & 1 day to 2 yrs imprison- ment and/or 20T to 200T fine 6 mos. & 1 day to 1 year imprison- ment and/or 10T to 100T fine 1 mo. & 1 day to 6 mos. impri- sonment and/or 5T to 50T fine 10 days to 1 mo. impri- sonment and/or 1T to 5T fine h. Maltreating and/or inflicting injuries 6 mos. & 1 day to 1 year imprisonm ent and/or 50T to 100T fine 3 mos. & 1 day to 6 mos. impri- sonment and/or 20T to 50T fine 1 mo. & 1 day to 3 mos. impri- sonment and/or 5T to 20T fine 10 days to mo. to 1 mo. impri- sonment and/or 1T to 5T fine 5 days to 10 days impri- sonment and/or 200 to 1T
Fines and Penalties VIOLATION WILDLIFE SPECIES CRITICAL ENDANGE RED VULNERAB LE THREATEN ED OTHERS i. Transpor ting wildlife 6 mos. & 1 day to 1 year imprison ment and/or 50T to 100T fine 3 mos. & 1 day to 6 mos. impri- sonment and/or 20T to 50T fine 1 mo. & 1 day to 3 mos. impri- sonment and/or 5T to 20T fine 10 days to mo. to 1 mo. impri- sonment and/or 1T to 5T fine 5 days to 10 days impri- sonme nt and/or 200 to 1T
REPUBLIC ACT NO. 9072 “National Caves and Cave Resources Management and Protection Act” Approved on April 8, 2001
PROHIBITED ACTS
Destroying, removing or harming any cave resources and altering free movement of any animal or plant life into or out of any cave. 1
Gathering, possessing and trading cave resources without authority 2
Promotion to violate any of the prohibited acts are punishable by law 3
1) 2) PENALTIES 3) 4) 2-6 years imprisonment or fine from P 20T- P50T or both at the discretion of the court to any person found guilty 6-8 years imprisonment or fine from P 500T - P 1M to any person providing capital to accomplish the prohibited acts at the discretion of the court If the area requires rehabilitation, offender shall restore or compensate for the damage If the offender is a government employee, he/she shall likewise be removed from Office.
Ra 7586 -National Integrated Protected AREAS System Act
PROHIBITED ACTS • Hunting, destroying, disturbing or mere possession of any plants or animals or products derived from PA without permit • Dumping of any waste products detrimental to the PA or its resources • Use of any motorized equipment without permit from PAMB • Mutilating, defacing or destroying objects of natural beauty or those of interest to cultural communities
PROHIBITED ACTS • Damaging and leaving roads/trails in damaged condition • Squatting, mineral locating or occupying any land • Constructing or maintaining any kind of structure, fence or enclosures, conducting any business without a permit • Altering, removing, destroying or defacing boundary marks
PENALTIES • Fine of not less than 5,000 nor more that 500,000 pesos, exclusive of the value of the thing damaged • Or imprisonment of not less than 1 yr nor more than 6 yrs • If area requires rehabilitation, offender shall be required to restore of compensate the damage
The forest is a renewable resource that should be managed, developed and protected on a multi-sectoral approach, guided by the existing laws, rules and regulations, in order to sustainably produce the benefits it caters to the present and future generations.
Forestry Laws-Lecture.ppt
Forestry Laws-Lecture.ppt
Forestry Laws-Lecture.ppt
Forestry Laws-Lecture.ppt
Forestry Laws-Lecture.ppt

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Forestry Laws-Lecture.ppt

  • 1. FORESTRY LAWS ATTY. JOHN MARK N. PARACAD LEGAL DIVISION,DENR REGION 02 PARALEGAL TRAINING FOR THE BANTAY-GUBAT OF THE FOREST PROTECTION PROGRAM CFFQI Training Center, Cabarroguis, Quirino July 11, 2017
  • 2.  The Philippines has a total land area of 30 million hectares National Forestry Situationer  53 percent or 15.88 million hectares are forestlands  47 percent or 14.12 million hectares are alienable and disposable lands
  • 3. Forest Statistics 1980s ─ 100,000 has./year 1960s ─ 300,000 has./year 1940s ─ 100,000 has./year 1800s ─ 50,000 has./year DEFORESTATION RATE 1990 ─ 6.7 M has. with 984,100 has. virgin forest 1980 ─ 7.4 M has. 1970 ─ 10.4 M has. 1934 ─ 17 M has. with 11 M has. virgin forest FOREST COVER 1990 ─ 62 M 1970 ─ 35 M 1935 ─ 15 M POPULATION 1988 ─ 17.4 M are forest occupants 1997 ─ 5.59 M has. with 800,000 has. virgin forest
  • 4. Forest land area alarmingly went down from 36.3 % or 1/3 of RP’s land area in 1970 to 18 % in 2001. NATIONAL FOREST DATA
  • 5.  2nd to Region IV B among 17 Regions in the country having the most forest cover. BATANES 5,462 Hectares CAGAYAN 424,213 Hectares ISABELA 411,804 Hectares NUEVA VIZCAYA 175,923 Hectares QUIRINO 132,443 Hectares TOTAL 1,149,845 Hectares IMPROVED FOREST COVER REGION 2
  • 6. REGION 2 FORESTRY UPDATE 736.25 669.49 473.08 524.15 722.96 372.68299.4 3798.01 0 500 1000 1500 2000 2500 3000 3500 4000 2 0 1 0 2 0 1 1 2 0 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 T O T A L Cubic Meters Year VOLUME OF APPREHENSION REGION 2 637.14 573.89 373.13 233.57 1463.61 127.77 125.24 3534.35 0 500 1000 1500 2000 2500 3000 3500 4000 2 0 1 0 2 0 1 1 2 0 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 T O T A L Cubic Meters Year VOLUME OF CONFISCATION
  • 7. The Constitution provides for the protection and advancement of the right of the people to a balanced and healthy environment in accord with the rhythm and harmony of nature (Art. 2, Sec. 16). It also provides to protect the Filipino from disasters like floods or landslides, and from threats to environmental and economic security like wood and water shortage, biodiversity loss, air pollution and drought. 1987 Philippine Constitution
  • 8. EXECUTIVE ORDER 192 (approved June 1987) provides for the reorganization of the DENR The DENR is the primary government agency responsible for the conservation, management development, and proper use of the country’s environment and natural resources. EO 192 3. ENABLING LAWS OUTLINING THE MANDATE OF DENR
  • 9. PENAL PROVISIONS Presidential Decree No. 705 otherwise known as the “Revised Forestry Code of the Philippines” as amended by Executive Order No. 277, Series of 1987
  • 10. “SEC. 77. CUTTING, GATHERING, COLLECTING AND/OR REMOVING TIMBER, OR OTHER FOREST 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 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 (theft) and 310 (qualified theft) of the Revised Penal Code.
  • 11. 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.”
  • 12. SECTION 77-A ADMINISTRATIVE AUTHORITY OF THE DEPARTMENT HEAD OR HIS DULY AUTHORIZED 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. [As added by EO No. 277]
  • 13. It must be noted that the afore-quoted law even prohibits private land owners from cutting, collecting, gathering and removing naturally growing timber within their private land without any authority under a license agreement, lease, license, or permit issued by the DENR.
  • 14. There are, however, three ways or modes of committing it. These are: 1. Cutting, gathering, collecting or removing of timber or other forest products from any forest land without authority. the cutting, gathering, collecting or removing is without authority the timber or other forest products is cut, gathered, collected or removed from any forest land there must be cutting, gathering, collecting or removing of timber or other forest products Element 1 Element 2 Element 3
  • 15. 2. Cutting, gathering, collecting or removing of timber from alienable or disposable public land or from private land the cutting, gathering, collecting or removal of timber is without authority the timber is cut, gathered, collected or removed from (i) alienable or disposable public land or (ii) from private land there must be cutting, gathering, collecting or removing of timber Element 1 Element 2 Element 3 The cutting of timber even from private or titled lands requires a license or permit (for those naturally grown trees).
  • 16. 3. Possession of timber or other forest products without the legal documents as required under existing forest laws and regulations His possession of timber or other forest products is without the legal documents as required under existing forest laws and regulations The accused possessed timber or other forest products Element 1 Element 2 In this mode, the source of timber or other forest products is not specified. The provisions is silent as to the source, under this mode, can only imply that all types of land are covered. The intent of the law is to punish the mere act of possessing timber and other forest products without legal documents, whatever may be the source. Accordingly, unlawful possession of timber or forest products comes from public forest land, alienable and disposable land, or even private land.
  • 17. Persons Liable cutter gatherer collector remover possessor or any and all persons who appear to be responsible for the commission of the offense (owners of conveyances and owners of tools and implements) in case of partnership, associations, or corporations, the OFFICERS who ORDERED the cutting, gathering, collection or possession.
  • 18. The basis of the penalty for illegal logging, as theft and qualified theft, is the value of the timber or forest products subject of the offense. The penalty is imprisonment from arresto menor to reclusion temporal. The duration of the penalties are shown in the following table. BASIS AND PENALTIES FOR ILLEGAL LOGGING
  • 19. 2 yrs. 4 mos. & 1 day to 6 yrs. Prision Correccional in its medium and maximum periods P 5 or less 8 yrs. & 1 day to 12 yrs. Reclusion Temporal in its medium and maximum periods More than P5.00 up to P50.00 8 yrs.& 1 day to 14 yrs. & 8 mos. Reclusion Temporal in its medium and maximum periods More than P50.00 up to P200.00 8 yrs. & 1 day to 12 yrs. Prision Mayor in its medium and maximum periods More than P200.00 up to P6,000.00 10 yrs. & 1 day to 12 yrs. Prision Mayor in its maximum period to Reclusion Temporal in its minimum period More than P6,000.00 up to P12,000.00 14 yrs. 8 mos. & 1 day to 20 yrs. Reclusion Temporal in its medium and maximum periods More than P12,000.00 up to P22,000.00 18 yrs. 2 mos. & 21 days to 20 yrs (1 yr for each add’l P10,000.00 but total penalty shall not exceed 20 yrs) Reclusion Temporal in its medium and maximum periods More than P22,000.00 DURATION PENALTY VALUE Penalties for Illegal Logging
  • 20. SECTION 78 UNLAWFUL OCCUPATION OR DESTRUCTION OF FOREST LANDS AND GRAZING LANDS Kaingin Making is severely penalized (2-4 years imprisonment plus fine) If convicted, damages is 10x value of accruing forest charges and value of forest damage SECTION 79 PASTURING LIVESTOCK
  • 21. SECTION 80 ILLEGAL OCCUPATION OF NATIONAL PARKS SYSTEM AND RECREATION AREAS AND VANDALISM THEREIN Penalty is fine only therefore not really a deterrent But SECTION 20 of RA 7586 (NIPAS ACT) punishes squatting in protected areas with imprisonment, hence it is better to file a criminal complaint using this provision Also same situation with Caves Act -Suggestion- use the latter laws rather than PD 705 provisions
  • 22. SECTION 81 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. Note: Use Section 27, 28 of RA 9147 (Wildlife Act) since this provision has antiquated penalty
  • 23. (Section 12 of DAO No. 2000-21 & Section 3 of P.D. 953) No cutting of trees within 20 meters on both sides of the road unless such trees have been determined to pose danger to life and property. No cutting of trees on a strip 20 meters wide on both sides of creeks or river bordering or traversing private land, for stream bank protection. In areas covered by the logging ban/moratorium, no round logs or lumber shall be transported outside the province where the PLTP/SPLTP is located unless authorized by the Secretary. Selective cutting shall be undertaken in areas 18% in slope or more. 1 4 3 2 Prohibitions 5 No cutting of mangrove species (RA 7161)
  • 24. Supreme Court Decisions on Violations of the Penal Provisions of PD 705
  • 25. Aquino vs. People of the Philippines July 27, 2009 FACTS On May 19, 1993, RED Batcagan (CAR) issued a permit allowing the cutting of 14 dead Benguet Pine trees within the Teacher’s Camp in Baguio City. On July 23, 1993, some of the forest rangers proceeded at the teacher’s camp because they received information that pine trees were being cut without proper authority. There they found petitioner FRs Ernesto Aquino and Michael Cuteng who were supervising the cutting of the trees. The forest rangers found that the trees cut exceeded the number of trees allowed by the permit. ISSUE IS AQUINO GUILTY OF VIOLATING PD 705?
  • 26. Aquino vs. People of the Philippines July 27, 2009 RULING NO. He was not the one who cut, gathered or collected. He merely supervised. Also, he was not in possession of the cut trees because the lumber was used by the Teacher’s camp for repairs. His liability, may be, at best, purely administrative.
  • 27. QUESTIONS: 1. Can a person be held liable for cutting trees in a private lot? 2. Can a private individual file a case of violation of PD 705?
  • 28. Merida v. People of the Philippines June 12, 2008 FACTS Tansiongco discovered that Merida cut a narra tree in his private land, the Mayod Property. Tansiongco reported the matter to the punong barangay who summoned petitioner to a meeting. During that meeting, Merida made extrajudicial admissions that he did cut the tree but claimed that he did so with the permission of Vicar Calix, who, he alleges, bought the Mayod Property from Tansiongco. Tansiongco again reported the matter, this time with the DENR. Merida made the same extrajudicial admissions. Tansiongco filed a complaint with the Provincial Prosecutor charging Merida with violation of Section 68 of PD No. 705. The Pro secutor found probable cause and filed the information with the trial court. The trial court found Merida guilty as charged. The Court of Appeals affirmed the trial court’s judment. .
  • 29. Merida v. People of the Philippines June 12, 2008 ISSUES (1) Whether the trial court acquired jurisdiction over the case considering that it was filed by a private individual and not by a DENR forest officer. (2) Whether Merida is guilty of violating Section 68 of PD No. 705
  • 30. 1. Yes, the court has jurisdiction upon complaint of private invidual involving violation of Section 68 of PD 705 as amended. - Tansiongco was not precluded, either under Section 80 of PD 705 or the Revised Rules, from filing a complaint before the Provincial Prosecutor for petitioner's alleged violation of Section 68 of PD 705, as amended. 2. Yes, because he cut timber in the Mayod Property without DENR permit.
  • 31. RELATED CASES FACTORAN VS. CA (December 13, 1999) RULING: The DENR is not compelled to criminally prosecute and can just confiscate lumber. The Secretary’s authority to confiscate forest products under Section 68 of PD No. 705 is “distinct from and independent of the confiscation of forest products in a criminal action provided for in Section 68 of PD No. 705.” In a former case, the Court has held that “precisely because of the need to make forestry laws ‘more responsive to present situations and realities’ and in view of the ‘urgency of conserve the remaining resources of the country,’ that the government opted to add Section 68-A.
  • 32. QUESTIONS: 1. If the forest products were not presented in court, can the accused be convicted? 2. Is the apprehended lumber the corpus delicti (body of the crime) of violation of PD 705? 3. How can you prove the value of the lumber?
  • 33. Villarin vs People August 21, 2011 FACTS On December 31, 1995 in Pagalungan CDO, Granada saw a PUJ loaded with timber stop in his house, Driver Latayada and Boyatac accompanied by 4 others unloaded timber near the Batinay Bridge. On January 13, 1996, Casenas, a radio and TV personality of RMN-TV8, took footages of the timber hidden and covered by coconut leaves. Casenas also took footages of more logs inside a bodega at the other side of the bridge. In the following evening, the footages were shown in a news program on television. On the same day, members of the DENR Region 10 Strike Force Team measured the timber and determined that it totaled 4,326 board feet.
  • 34. Villarin vs People August 21, 2011 FACTS Upon further investigation, it was learned that the timber was requisitioned by Villarin, who was then Barangay Captain of Pagulangan, Cagayan de Oro City. Villarin gave the specifications for the requisitioned timber. Thereafter, Boyatac informed Villarin that the timber was already delivered on December 31, 1995. In defense, Villarin alleged that the Barangay Council authorized the repairt of the bridge. He was merely pressured by the clamor of the people to make the bridge passable again. Villarin also alleged that the timber which was already used in the bridge was not presented, hence, the corpus delicti of the crime was not presented.
  • 35. Villarin vs People August 21, 2011 RULING 1.Villarin was convicted. 2.The confiscated lumber is not the corpus delicti in illegal possession of lumber. The act punished is the possession of forest products without authority from the DENR 3.Value of the lumber must be proven as a fact. (in People vs Dator the SC held that there should be proof independent of the DENR valuation.
  • 36. QUESTION: May an LGU pass an ordinance requiring the issuance of permit to possess/transport lumber within its AOR?
  • 37. Ruzol vs. Sandigan Bayan April 17, 2013 - Ruzol, then mayor of Nakar, Quezon was charged of 221 counts of Article 177 (Usurpation of Authority) for issuing Permit To Transport Salvaged Products. Ruzol issued the same under authority of Section 16 RA 7160 (General Welfare Clause of the LGC) - The SC ruled that DENR has no exclusive authority to issue the permit to transport as the LGC may issue such within its AOR. - The authority should complement and not substitute the requirements of the DENR
  • 40. Scope of application: All wildlife WILDLIFE wild forms and varieties of flora and fauna, in all developmental stages, including those which are in captivity or are being bred or propagated.
  • 41. Illegal Acts 1. Killing and destroying wildlife species, except: • For religious rituals • Due to communicable disease • To end misery of the wildlife • Prevent imminent danger • Authorized research or experiment
  • 42. 2. Inflicting injury which cripples and/or impair the reproductive system of the wildlife Illegal Acts
  • 43. 3. Effecting any of the following acts in critical habitat • Dumping of waste products • Squatting or occupying portions of the habitat • Mineral exploration and/or extraction • Burning • logging Illegal Acts
  • 44. 4. Introduction, reintroduction or restocking of wildlife 5. Trading of wildlife 6. Collecting, hunting or possessing wildlife, their by-products and derivatives 7. Gathering or destroying of active nests, nest trees, host plants and the like 8. Maltreating and/or inflicting injury 9. Transporting of wildlife Illegal Acts
  • 45. DAO 2004-15 Establish list of threatened species and their categories
  • 46. Critical Refers to species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future DAO 2004-15 Establish list of threatened species and their categories Mammals 7 species Birds 13 species Reptiles 4 species
  • 47. DAO 2004-15 Establish list of threatened species and their categories Mammals 5 species Birds 13 species Reptiles 6 species Amphibians 4 species Endangered Refers to species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors continue operating
  • 48. DAO 2004-15 Establish list of threatened species and their categories Mammals 17 species Birds 54 species Reptiles 4 species Amphibians 10 species Vulnerable Refers to species or subspecies that is not critically endangered but is under threat from adverse factors throughout their range and is likely to move to the endangered category in the near future
  • 49. Threatened A general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of extinction Mammals 5 species Birds 1 species Reptiles 4 species Amphibians 1 species DAO 2004-15 Establish list of threatened species and their categories
  • 50. Fines and Penalties VIOLATION WILDLIFE SPECIES CRITICAL ENDANGERE D VULNERABL E THREATENE D OTHERS a. Killing/ destroyin g wildlife 6 years & 1 day to 12 years imprisonm ent and/or 100T to 1M fine 4 years & 1 day to 6 years imprison- ment and/or 50T to 500T fine 2 years & 1 day to 4 years impri- sonment and/or 30T to 300T fine 1 year & 1 day to 2 yrs imprison- ment and/or 20T to 200T fine 6 mos. & 1 day to 1 yr impri- sonmen t and/or 10T to 100T fine b. Inflicting injury which cripples and/or impairs 4 years & 1 day to 6 years imprisonm ent and/or 50T to 500T 2 years & 1 day to 4 years imprison- ment and/or 30T 1 year & 1 day to 2 years impri- sonment and/or 20T 6 mos. & 1 day to 1 yr imprison- ment and/or 1 mo. & 1 day to 6 mos. impriso n-ment and/or
  • 51. Fines and Penalties VIOLATION WILDLIFE SPECIES CRITICAL ENDANGERE D VULNERABL E THREATENE D OTHERS c. Dumping wastes, squatting, mineral exploration, extracting, burning, logging, quarrying 1 month to 8 years imprisonment and/or 5T to 5M fine d. Introduction , reintroducti on or restocking 1 month to 8 years imprisonment and/or 5T to 5M fine
  • 52. Fines and Penalties VIOLATION WILDLIFE SPECIES CRITICAL ENDANGERED VULNERABLE THREATENED OTHERS e. Trading of wildlife 2 years & 1 day to 4 years imprisonme nt and/or 5T to 300T fine 1 year & 1 day to 2 years imprison- ment and/or 2T to 200T fine 6 mos. & 1 day to 1 year imprison- ment and/or 1T to 100T fine 1 mo. & 1 day to 6 mos. impri- sonment and/or 500 to 5T fine 10 days to 1 mo. impri- sonment and/or 200 to 20T fine f. Collecting, hunting or possessin g wildlife and/or by- products & derivatives 2 years & 1 day to 4 years imprisonme nt and/or 30T to 300T fine 1 year & 1 day to 2 years imprison- ment and/or 20T to 200T fine 6 mos. & 1 day to 1 year imprison- ment and/or 10T to 100T fine 1 mo. & 1 day to 6 mos. impri- sonment and/or 5T to 50T fine 10 days to 1 mo. impri- sonment and/or 1T to 5T fine
  • 53. Fines and Penalties VIOLATION WILDLIFE SPECIES CRITICAL ENDANGERE D VULNERABL E THREATENE D OTHERS g. Gathering or destroying of active nests, nest trees and host plants 2 years & 1 day to 4 years imprisonm ent and/or 30T to 300T fine 1 year & 1 day to 2 yrs imprison- ment and/or 20T to 200T fine 6 mos. & 1 day to 1 year imprison- ment and/or 10T to 100T fine 1 mo. & 1 day to 6 mos. impri- sonment and/or 5T to 50T fine 10 days to 1 mo. impri- sonment and/or 1T to 5T fine h. Maltreating and/or inflicting injuries 6 mos. & 1 day to 1 year imprisonm ent and/or 50T to 100T fine 3 mos. & 1 day to 6 mos. impri- sonment and/or 20T to 50T fine 1 mo. & 1 day to 3 mos. impri- sonment and/or 5T to 20T fine 10 days to mo. to 1 mo. impri- sonment and/or 1T to 5T fine 5 days to 10 days impri- sonment and/or 200 to 1T
  • 54. Fines and Penalties VIOLATION WILDLIFE SPECIES CRITICAL ENDANGE RED VULNERAB LE THREATEN ED OTHERS i. Transpor ting wildlife 6 mos. & 1 day to 1 year imprison ment and/or 50T to 100T fine 3 mos. & 1 day to 6 mos. impri- sonment and/or 20T to 50T fine 1 mo. & 1 day to 3 mos. impri- sonment and/or 5T to 20T fine 10 days to mo. to 1 mo. impri- sonment and/or 1T to 5T fine 5 days to 10 days impri- sonme nt and/or 200 to 1T
  • 55. REPUBLIC ACT NO. 9072 “National Caves and Cave Resources Management and Protection Act” Approved on April 8, 2001
  • 57. Destroying, removing or harming any cave resources and altering free movement of any animal or plant life into or out of any cave. 1
  • 58. Gathering, possessing and trading cave resources without authority 2
  • 59. Promotion to violate any of the prohibited acts are punishable by law 3
  • 60. 1) 2) PENALTIES 3) 4) 2-6 years imprisonment or fine from P 20T- P50T or both at the discretion of the court to any person found guilty 6-8 years imprisonment or fine from P 500T - P 1M to any person providing capital to accomplish the prohibited acts at the discretion of the court If the area requires rehabilitation, offender shall restore or compensate for the damage If the offender is a government employee, he/she shall likewise be removed from Office.
  • 61. Ra 7586 -National Integrated Protected AREAS System Act
  • 62. PROHIBITED ACTS • Hunting, destroying, disturbing or mere possession of any plants or animals or products derived from PA without permit • Dumping of any waste products detrimental to the PA or its resources • Use of any motorized equipment without permit from PAMB • Mutilating, defacing or destroying objects of natural beauty or those of interest to cultural communities
  • 63. PROHIBITED ACTS • Damaging and leaving roads/trails in damaged condition • Squatting, mineral locating or occupying any land • Constructing or maintaining any kind of structure, fence or enclosures, conducting any business without a permit • Altering, removing, destroying or defacing boundary marks
  • 64. PENALTIES • Fine of not less than 5,000 nor more that 500,000 pesos, exclusive of the value of the thing damaged • Or imprisonment of not less than 1 yr nor more than 6 yrs • If area requires rehabilitation, offender shall be required to restore of compensate the damage
  • 65. The forest is a renewable resource that should be managed, developed and protected on a multi-sectoral approach, guided by the existing laws, rules and regulations, in order to sustainably produce the benefits it caters to the present and future generations.