FORESTRY LAWS and POLICIES:

Highlights, Issues and Challenges

By: Atty. Grizelda Gerthie Mayo-Anda

Environmental Legal Assistance Center, Inc.
(ELAC)
(slide credit: PTFCF/Lory Tan)
(slide credit: PTFCF/Lory Tan)
(slide credit: PTFCF/Lory Tan)
(slide credit: PTFCF/Lory Tan)
Mangrove Debarking
or Tanbarking in
Canipaan, Rizal,
Southern Palawan
Rich and influential businessmen employ local
community members as paid laborers in mangrove
tan-barking activities.
 Shift in the
Wildlife
Trade
From the usual Parrots
and Mynahs comes a
significant rise in the
demand of high value
species such as
Hornbills and White-
breasted sea eagles.
Birds seized by ELAC
with police personnel on
April 21, 2005 & Sept.
23 2004, respectively
 Shift in the Wildlife Trade

.. Seized on March 20, 2006

Forest Crimes come with:

- means (capital, financial institutions, corrupt

government systems)
- motive (need, greed, power) and
- opportunity (weak forest management, inadequate
domestic regulatory capacity, lack of trade controls).

There are different roles for different players national governments,

forestry agencies, regional/international criminal justice regime, civil
society, importing country governments and industry, and donor
governments and international organizations to reduce means, reduce
motive and foreclose opportunity for forest crimes.

[Mr. William Magrath, World Bank, Southeast Asian regional workshop on

improvement forest law compliance and governance was held in Manila, Philippines
during 11-13 September 2007, co-sponsored by the Food and Agriculture Organization
of the United Nations (FAO) and the International Tropical Timber Organization (ITTO)]
 Forest Destruction
200,000 hectares annually
One of the highest in the
world
P11.9 billion yearly loss
Completely denuded by
2025
(slide credit: Tanggol Kalikasan/Atty. Lolly Sheen)
 Causes
Logging (legal and
illegal)
Mining &
Geothermal
operations
Dam construction
Agriculture
Rapid population
growth/Upland
Migration
Conversion for
development
projects (slide credit: Tanggol Kalikasan/Atty. Lolly
Sheen)
Landsat Image
Prepared by:
Conservation International-Phils
Landsat Image
Prepared by:
Conservation International-Phils
Landsat Image
Prepared by:
Conservation International-Phils
Landsat Image
Prepared by:
Conservation International-Phils
 Development Plan
(based on Medium Term Development Plan)
Massive reforestration program
Promote timber production and
agro-forestry in production areas
Delineation of 8.4 M hectares of
forestlands for agroforestry and
other environmentally sustainable
activities
 Development Plan
Establish 15 wildlife farms and zoos
(MTDP 2004-2010, NEDA)
Promote investments in permanent
production forests issue the
following tenurial instruments:
CBFMA 1.8 million has.
IFMA 36,365 has.
SIFMA 39,350 has.
LEGAL LOGGING

TIMBER LICENSE AGREEMENTS (TLA)

- 14 to expire 2011 (from 137 TLAs in 1987),
and covering some 566,589 hectares
- 6 are active (with 3 located in Aurora-
Quezon)

INDUSTRIAL FOREST MANAGEMENT

AGREEMENT ( IFMA)
- 195 nationwide, covering 704,328 hectares

SOCIALIZED IFMA (SIFMA)

- 1,635 nationwide, covering 41,872 has
 Development Plan
Pursue area development for corporate and
community-based activities covering:

300,000 has. CBFMA (Community-Based Forest

Management Agreement)
262,000 has. IFMA (Industrial Forest Mgt. Agreement)
37,530 has. SIFMA (Socialized IFMA)
14,000 has. TLA (Timber License Agreements)
55,000 has. FLGLA (Forest Land Grazing Lease
Agreement )
 Development Plan
Focus on structural mitigation as natural
disaster prevention (ex. Flood control
projects) as protection forests
Open up more forestlands that are denuded
or no longer suitable development
KEY FORESTRY LAWS
Presidential Decree No. 705 , also known as the
Forestry Code of the Philippines, as amended
RA 9175 or the Chainsaw Act of 2002

Forestry-Relevant Laws
Republic Act No. 7586 or the National Integrated
Protected Areas System (NIPAS)
RA 9072 or the law on the Management and
Protection of National Caves and Cave Resources
RA 9147 or the law on the Conservation and
Protection of Wildlife Resources

 National Integrated Protected Areas

System (NIPAS): RA 7586

RA 7586 is a
landmark legislation
that recognized the
importance of the
integrated protected
areas system as a
powerful mechanism
for the conservation of
Philippine biodiversity.
Wildlife Resources Conservation and
Protection Act (RA 9147)
Wildlife Resources
Conservation and
Protection Act
provides for
guidelines and
procedures on the
protection,
management and use
of wildlife resources;
covers and
bioprospecting.
 National Forestry Policies
Community-Based Forest Management
Program (CBFMP)
EO No. 318 - Promoting Sustainable
Forest Management in the Philippines
1997 National Biodiversity Strategy and
Action Plan (NBSAP)
2002 Philippine Biodiversity Conservation
Priorities Program = strengthen Protected
Area System and prioritize 132 sites
Revised Forestry Master Plan
Master Plan for Forestry Development (MPFD)
The Master Plan for Forestry Development is
a 25-year (1991-2015) nationwide blueprint
for forestry sector development. The general
goal of the plan is to transform the forestry
sector into a condition whereby all forest
resources will be under efficient and effective
management. It is envisioned that the MPFD
will steer the forestry sector and draw the
support for development.
 MPFD Specific Objectives

conserve and protect the forest ecosystem

and its resources
meet demands for forest products by placing
all of the countrys production forest under
sustainable management
generate employment and contribute to the
countrys economic development
promote equitable access to forest resources.
 Key Strategy: CBFMA
Community-Based Forest Management strategy
(CBFM) - governments national strategy to
ensure sustainable development of the countrys
forest resources (Executive Order No. 263, July
1995)
CBFM aims to provide mechanisms for the
effective management of forestlands and coastal
areas through responsible development,
protection, conservation and utilization of forest
resources by organized and empowered local
communities.
As of 2000, there were 4,885 CBFM projects
within the country covering a total area of 5.4
million has. and benefiting 477,984 families.

(DENR)
CIENDA-SAN VICENTE CBRM AREA (Baybay, Leyte)

Buffer Zone
Protected
Area

LEYTE
Restricted

Controlled

Traditional
Multipurpose Area
 Other Forms of Authority on
Forest Management/Use
CADT/CALT Ancestral Domain
Sustainable Development and Protection
Plan (ADSDPP)
Deed of Donation
Notice of Award
Prohibitions and Penalties
 DETERMINING ELEMENTS OF THE
FORESTRY OFFENSES
BASED ON RESOURCES (land, forest
products)
PERMIT, LICENSE OR AUTHORITY IS
NECESSARY
ACT OF CUTTING, GATHERING,
COLLECTING, REMOVING AND
POSSESSING
BASED ON ACTIVITY
IF PERMIT OR LICENSE IS NECESSARY,
ABSENCE OF SUCH LICENSE OR PERMIT
 TABLE OF PENALTIES
Revised Forestry Code (Presidential Decree 705)
Penalty
Subject
CHAPTER
IV Imprisonment Other Provisions
Description of
Minimum Maximum Fines, Confiscation, or Forfeiture
Violations
Cutting, gathering
and/or collecting
Art. 309-310 Revised
Section 78 timber or other forest Confiscation of timber products and conveyances
Penal Code
products without
license
Fine not less than P500.00 or more than P20,000 and
liable to payment of ten (10) times the rental fees and
Unlawful occupation Not other charges; Eviction of offender; Forfeiture of all
Not less than
or destruction of more improvements made and all vehicles, domestic
Section 79 six (6)
forest lands and than two animals and equipment used in the commission of the
months
grazing lands (2) years offence; Automatic dismissal and permanent
disqualification from holding elective or appointive
position if government employee
Fine equal to more than eight (8) times regular forest
charges of forest destroyed; Maximum penalty o
Not
repeat offenders; Double maximum penalty to
Not less than more
Kaingin offenders who commit offence for the third time;
two (2) years than four
Forfeiture of all improvements made and all vehicles,
(4) years
domestic animals and equipment used in the
commission of the offence
Not
Not less than Fine equal to ten (10) times the regular rental dues;
more
Section 80 Pasturing Livestock six (6) Confiscation of livestock and improvements
than two
months introduced in the area
(2) years
 Modes of Illegal Logging
Acts Subject Source Basis of
Punished Offense
Cutting, Timber, Forest land Without
Gathering, Forest (public) authority
Collecting, Product
Removing
Cutting, Timber Alienable & Without
Gathering, Disposable authority
Collecting, Public Land,
Removing Private Land

Possession Timber, All Without legal

Forest documents
Products
Illegal cutting
of trees inside
the small scale
mining area,
Barangay
Calategas,
Narra,
Palawan
Small-Scale Mining Site in Espanola
Small-Scale Mining Site in Espanola
 Timber, Forest Product, Lumber
Timber a piece of wood having an average diameter of
at least 15 centimeters and a length of at least 1.5
meters, except all mangrove species which in all cases
shall be considered as timber regardless of size
Forest product timber, pulpwood, firewood, bark, tree,
top, resin, gum, wood, oil, honey, beexwax, nipa, rattan
or other forest growth such as grass, shrub and flowering
plant, the associated water, fish, game, scenic, historical,
recreational and geologic resources in forest lands
(section 3q, PD 705)
Lumber should be deemed included in the definition of
forest product (Mustang Lumber, Inc. vs. CA, 257 SCRA
430 [1996])
 Fruit Trees and Trees in Public
Places
Act No. 2812 - cutting of fruit trees in the public
or communal forests requires special permit
from the DENR
PD 953 prohibits cutting, destroying, damaging
or injuring of growing planted trees of any kind
along public roads, plazas, parks other than
national parks, school premises or in any other
public ground or place, or on banks of river or
creeks, or along roads in land subdivisions
 Persons Liable for Illegal Logging
Any person who cuts, gathers, collects,
removes or possesses timber and/or forest
products without authority or legal
documents.
Officers of partnerships, associations or
corporations who ordered the commission
of the illegal acts
 Things to Note
A copy of the required legal documents
must accompany the activity and transport
of timber, lumber, forest products at all
times.
As regards land, ownership is immaterial.
As regards conveyances, lack or absence
of knowledge of owner is irrelevant.
 Penalty
Subject
CHAPTER Imprisonment Other Provisions
IV
Description of
Minimum Maximum Fines, Confiscation, or Forfeiture
Violations

Illegal occupation of
national parks system
Fine not less than P500.00 and not more than
and recreation areas
P20,000 exclusive of the value of the damaged thing;
and vandalism therein
Area to be rehabilitated or restored to be determined
Section 81 (includes capture or
by the Director; Eviction of offender; Confiscation of
kill any kind of bird,
natural resources removed, construction or
fish, or wild animal life
improvements
without proper
permit)

Destruction of wildlife Fine not less than P100.00 for each vilation; Denied a
Section 82
resources permit for three (3) years from date of violation

Not
Not more Confiscation of implements used in the violation;
Survey by more
Section 83 than two (2) Denied a permit for three (3) years from date of
unauthorized persons than four
years violation
(4) years

Misclassification and Dismissed from service without prejudice to re-

re-
Not less than
Section 84 survey by government employment; Fine not less than P1,ooo.oo; Survey nul
one (1) year
official or employee and oid

Tax declaration on real

Not
property (issued by the
Not less than more Perpetual disqualification from holding an elective and
Section 85 public officer without
two (2) years than four appointive office
certification from the
(4) years
Director)

(Referred to Sec. 74 & 75) Fine of P500.00 for every

Coercion and Not less than hectare or fraction thereof improperly surveyed,
Section 86
Influence one (1) year classified or released; All other cases, fine not more
than P5,000.00
 Penalty
Subject
CHAPTER Imprisonment Other Provisions
IV
Description of
Minimum Maximum Fines, Confiscation, or Forfeiture
Violations

Payment, collection
Section 87 and remittance of
forest charges

Failure to pay amount Payment of surcharge of twenty-

twenty-five percentum (25%)
due amount due and payable

Not
Failure or refusal to
exceedin Fine not exceeding P100,000.00; If government
remit, delays,
g six (6) official or employeein addition, dismissal from service
obstructs or prevents,
years with prejudice to reinstatemet and with
causes or effects the
discretio disqualification from holding an elective or appointive
transfer or diversion of
n of the office
funds
court

Sale of wood products

(non-
(non-compliance with Suspension of dealer
dealers license for a period of not less
Section 88 grading rules, than two (2) years; Fine not less than P200.oo or the
falsification of total value of the invoice, whichever is greater
information)
 Republic Act 9175 (Chainsaw Act)
Penalty
Subject
CHAPTER Imprisonment Other Provisions
IV
Description of
Minimum Maximum Fines, Confiscation, or Forfeiture
Violations

Section 7

Selling, Purchasing,
Re-
Re-selling,
Four (4)
Transferring, Fine not less than P15,000.00 but not more than
years, two (2) Six (6)
1 Distributing or P30,000.00; Imprisonment or fine or both at the
months and years
Possessing a Chainsaw discretion of the court; Confiscation of chainsaw
one (1) day
Without a Proper
Permit
Not
Unlawful Importation Not less than more
Fine not less than P1,000.00 but not more than
2 or Manufacturing of one (1) than six
P4,000.00
Chainsaw month (6)
months
Not
Not less than more
Tamperingof Engine Fine not less than P1,000.00 but not more than
3 one (1) than six
Serial Number P4,000.00
month (6)
months

Fine not less than P30,000.00 but not more than

Six (6) years P50,000.00; Imprisonment or fine or both at the
Actual Unlawful Use of Eight (8)
4 and one (1) discretion of the court without prejudice on
Chainsaw years
day prosecution for separate offense simultaneously
committed; Confiscation of chainsaw
DENR AO 97-32
(October 10, 1997)

1997 Rules for the administrative

adjudication of illegal forest products and
the machinery, equipment, tools &
conveyances used in connection forestry
crimes
 Administrative Authority and Disposition
Authority to seize, forfeit and dispose
confiscated forest products and
conveyances (Section 78-A, PD 705; Paat,
et al. vs. CA, et al., Jan. 10, 1997)
Forest Products Subject to Disposition
Procedures in Public Disposition
Public auction of forest products
Negotiated sale
Donation of forest products subject of
litigation
Basis for Release of Conveyances
Use of Administrative Remedies
CANCELLATION OF PERMITS OR LICENSE
SEEK CANCELLATION OF ITS PERMITS OR LICENSE, IF
THERE IS A PERMIT OR LICENSE
BLACK LIST THE OFFENDER, IF THERE IS NO LICENSE OR
PERMIT ISSUED

REHABILITATION OR RESTORATION
SEEK REHABILITATION OR RESTORATION AT THE
EXPENSE OF THE OFFENDER OR
ASK FOR POSTING OF A BOND TO ENSURE
RESTORATION OR REHABILATATION

CONFISCATION OF EQUIPMENT AND OTHER PARAPHERNALIA

CEASE AND DESIST ORDER (CDO) AND DEMOLITION: Eg.

illegal fishpond development
Illegal Fishpond Development in Quezon, Palawan
Illegal Fishpond Development in Puerto Princesa
Multisectoral
demolition of
illegal
fishpond dikes
 Other Remedies under DENR
Imposition of administrative fine for
operating without an Environmental
Compliance Certificate (ECC)
Suspension/cancellation of ECC, closure
of business
Administrative confiscation of illegally cut,
gathered, removed or possessed forest
products and chainsaws
ISSUES, CONCERNS,
CHALLENGES
Institutional and Jurisdictional
Issues
Monitoring and Enforcement Capacity:
1 forester: 4,000 hectares of forest
Limited Budget for Program
Implementation, especially research and
monitoring
 Legal Instruments used for
Illegal Logging
Stewardship contracts
Industrial Forest Management Agreements
(IFMAs)
Deed of Donation for public infrastructure
projects
Notice of Award issued by the Natural
Resources Development Corporation
(NRDC)
 Antiquated Forestry Code
1975 law (PD 705)
Definition of forests?
Forest boundaries?
Management of Natural Forests?
Context of Climate Change and Global
Warming
PROCEDURAL ISSUES
 Delivery of arrested persons in
cases of warrantless arrests
When arrests are made on
weekends or holidays
In cases where the courts are far
from the place of arrest
Where there is no inquest
prosecutor
 Reminders
Delivery of a person to judicial authorities
means the filing of a complaint or
information before the court
Article 125, RPC
A private individual who conducts a
citizens arrest and fails to comply with the
requirement is liable for arbitrary
detention.
 Reminders
The hours during which the courts are
closed are not to be counted (People vs.
Acasio, 60 Phil 1030).
The means of communication, hour of
arrest and other circumstances, such as
the time of surrender, should be
considered in determining the applicable
period of delivery (People vs. Acosta, 54
O.G. 4739).
 Harassment suits, countersuits,
SLAPP suits
Planting of evidence: Search must be made in
the presence of lawful occupant, member of
his/her family, or two witnesses
Robbery or theft: Detailed receipt of the seized
property must be given
Uncounseled confession: Occupant/owner must
NOT be asked to sign the receipt (note: People vs.
Gutang, 335 SCRA 479, 2000)
Civil suit for damages: Indicate accurate
description of the condition and quantity of items
seized
Criminal cases vs. those who resist or
hinder arrest or assaults law enforcers
Section 45, PD 705: Authority of Forest Officers
Article 148, RPC: Direct assault (applies to
persons in authority or agents their agents, eg.
Bantay Gubat)
Article 149, RPC: Indirect assault (applies to
persons coming to the aid of persons in authority
or their agents, eg. Private individuals)
Article 151, RPC: Resistance and disobedience
to a person in authority or his agents (applies to
persons in authority and their agents)
 RE: SLAPP or Strategic Litigation
against Public Participation
Use of metalegal remedies
Media
Multisectoral investigations
Community mobilizations
Petitions
Dialogue
 Custody of seized articles
REMINDERS
Before the filing of the complaint or information:
DENR-CENRO or local PNP in the area (based
on MOA of National Law Enforcement
Coordinating Committee or NALECC); Police
Evidence custodian (DOJ manual for
prosecutors)
After the filing of complaint or information: the
court through the clerk of court, or government
or private agencies with appropriate facilities
For those who refuse to take custody: file a case
for dereliction of duty (Article 218, RPC)
 Liability of Custodians
Since the law is silent, custodians need to
exercise ordinary diligence like a good father of
a family, taking into consideration the nature of
the articles and circumstances of persons, time
and place (Baer Sr. & Co. vs. Compana Maritima, 6
Phil 218)
If seized articles or vessels are lost due to
inexcusable negligence amounting to malice or
fraud, custodians are liable for malversation of
public property (Article 217, RPC).
 Release of Seized Equipment,
Conveyances, Tools and Paraphernalia
Affidavit of Undertaking: Prosecutors and law enforcers
are advised to oppose orders from the judge releasing
seized items since these are critical evidence and their
integrity should be preserved.
REPLEVIN will not prosper if the property is in custodia
legis (Pagkalinawan vs. Gomez, 21 SCRA 1275). An
item is in custodia legis when it is shown that it has
been, and is subjected to, the official custody of a judicial
or executive officer, including those seized under a valid
warrantless search and seizure (Bagalihog vs.
Fernandez, 198 SCRA 614).
Countermeasure vs. Writ of Replevin: Omnibus Motion
to Dismiss and Quash Writ of Replevin
 Community Members participating in forest
enforcement activities
A total of more than 160 confiscated chainsaws (as of 2007)
 Jurisprudence
Property lawfully seized or held, i.e., seized in accordance
with the rule against warrantless searches and seizure or its
accepted exceptions, are considered in custodia legis. Only
when property is lawfully taken by virtue of legal process is it
considered in the custody of the law, and not otherwise.
(Bagalihog v. Fernandez, 198 SCRA 614).

Replevin does not lie for properties in custodia legis (Chua v.

Court of Appeals, 222 SCRA 85; Bagalihog v. Fernandez,
supra)

The fact that the articles seized are in the custody of law
enforcement authorities and not of the court that issue the
search warrant does not mean that the property is not in the
courts custody. The law enforcement officers are not
exercising control over the property in their own authority but
by virtue of the power of the court (Viazons Ent. Corp. v.
Court of Appeals, et. Al., 155 SCRA 186).
People of the Philippines vs. CFI of Quezon,
Godofredo Arrozal and Luis Flores ( GR
46772, 1992)
Elements of QUALIFIED THEFT OF LOGS:
The elements of the crime of qualified theft of
logs are: 1. That the accused cut, gathered,
collected or removed timber or other forest
products; 2. That the timber of other forest
products cut, gathered, collected or removed
belongs to the government or to any private
individual; and 3. That the cutting, gathering,
collecting or removing was without authority
under a license agreement, lease, license, or
permit granted by the state.
AUTHORITY OF FOREST OFFICER; INSTANCES WHEN
FOREST OFFICER MAY COMMENCE A PROSECUTION FOR
VIOLATION OF PD 705

Section 80 of Presidential Decree 705 covers two specific

instances when a forestry officer may commence a prosecution for
the violation of the Revised Forestry Code of the Philippines. The
first authorizes a forestry officer or employee of the Bureau of
Forestry to arrest without a warrant, any person who has
committed or is committing, in his presence, any of the offences
described in the decree. The second covers a situation when an
offense described in the decree is not committed in the presence
of the forest officer or employee and the commission is brought to
his attention by a report or a complaint. In both cases, however,
the forest officer or employee shall investigate the offender and file
a complaint with the appropriate official authorized by law to
conduct a preliminary investigation and file the necessary
information in court.
MUSTANG LUMBER vs. CA, Fulgencio
Factoran, Vince Robles (GR 104988; June
18, 1996)
Section 68-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
C & M TIMBER CORPORATION vs. HON. ANGEL C.
ALCALA, ANTONIO T. CARPIO, HON. RENATO C.
CORONA (G.R. No. 11108 June 13 1997)

Timber licenses, permits and license agreements are the

principal instruments by which the State regulates the
utilization and disposition of forest resources to the end
that public welfare is promoted. And it can hardly be
gainsaid that they merely evidence a privilege granted by
the State to qualified entities and do not vest in the latter a
permanent or irrevocable right to the particular concession
area and the forest products therein. They may be validly
amended, modified, replaced or rescinded by the Chief
Executive when national interests so require. Thus, they
are not deemed contracts within the purview of the due
process of law clause [See Sections 3(33) and 20 of P.D.
No. 705, as amended. Also, Tan vs. Director of Forestry,
G.R. No. L-24548, October 27, 1983, 125 SCRA 302].
 Some Ways Forward
Sustainable Forest Management Act
(bill pending in Congress)
Assessment and Performance Audit of
TLAs, IFMAs, SIFMAs
Establishment of Forest Boundaries
Reviewing CLWUPs vis--vis Forest
Land Use Plans
Capacity Building of CBFMA POs
 Other Ways Forward
Maximizing the opportunities under the new
SC Rules on Environmental Cases
Critical Engagement with Government
Use existing legal tools
Implementing the Access Principles
Principle 10 of the Rio Declaration on Environment
and Development calls for public access to
information
Freedom of Information Act (bill in Congress)
Need to improve monitoring, data gathering and
data storing capability of government agencies,
especially the DENR (possible information and
communication program)
A 50-year old tree has a value
of $193,250 (approximately Php9M)
(Prof TM Das of Univ. of Calcutta)
$62,000 for oxygen, air
pollution control and soil
pollution control (Php 3M)
$37,500 for water (P1.8M)
$31,250 for organic
fertilizers (P1.5M)
$31,200 for recycles (P1.5M)
$31,250 for wildlife habitat
(P1.5M)
(source: Conservation International)