COMMONLY VIOLATED

ENVIRONMENTAL LAWS AND

POLICIES

Forester DINDO M. SETENTA

Faculty, Forestry Department
College of Agriculture, Fisheries, and Natural Resources
University of Eastern Philippines

Presented during Training on Forest Management, Protection, and Prohibited Acts

Conducted by Provincial Environment and Natural Resources Office (PGENRO) Province of Northern Samar.
June 22, 2023, UEP
 CONTENTS:

❑State of Philippine Forest

❑Common Forestry and Environmental Laws
❑Criminal Procedure in Environmental Law Violations
❑DAO 97-32 (1997 Rules for the Administrative
Adjudication of Illegal Forest Products and the
Machinery, Equipment, Tools and Conveyances Used in
Connection Therewith
 1987 Philippine Constitution (Article II, Section 16)

“The state shall protect and

advance the right of the people to a
balanced and healthful ecology in
accordance with the rhythm and
harmony of nature.”
  1987 Philippine Constitution (Article XII, Section 2)

“All lands of public domain, water, minerals

coals, petroleum and other mineral oils, all forms
of potential energy, fisheries, forests and other
natural resources are owned by the State. The
exploration, development and utilization of
natural resources shall be under the full control
and supervision of the State.”
WHAT IS A FOREST?
Land with an area of more than 0.5 hectare and tree
crown cover (or equivalent stocking level) of more
than 10%. The trees should be able to reach a
minimum height of 5 meters at maturity in situ. It
consists either of closed forest formations where
trees of various storeys and undergrowth cover a
high proportion of the ground or open formations
with a continuous vegetation cover in which tree
crown cover exceeds 10%.
 TWO MAJOR CLASSIFICATION OF FOREST
LANDS

The first are the protection forests. These are the

protected areas and the proclaimed watersheds. They
are called “set-asides” or protection forests because
they have been legislated or proclaimed for the public
good.
The second are the production forests. These
forests are to be sustainably managed primarily for
the utilization of the resources therein such as
timber and non-timber forest products. In the 1987
Constitution, they fall under the category of forest
or timberlands.
I. STATE OF PHILIPPINE FOREST
- Total Land Area of the Philippines – 30 million has.
- Philippine forests - 7.2 M has or - 24% of land area
- Open forests - 56% - Plantations - 4%
- Closed canopy - 38% - Mangrove - 2%
Statistics on Forest Destruction
▪ 300,000 has. annually
▪ P11.9 B loss yearly
▪ Completely denuded by 2025

There is one (1) forester = 4,000 has of forest

 Deforestation: Causes,Threats, and
Impact
Deforestation is the largest and most direct threat to the
sustainability of our terrestrial habitats. It is caused by the
following activities:
▪ Mining ▪ Charcoal making
▪ Logging ▪ Over-extraction of non-
▪ Forest conversion timber forest products
▪ Kaingin ▪ Irresponsible tourism
Mining
Mining is one of the most forest-
destructive activities. It requires forest
clearing and the construction of
infrastructures.
Areas opened up by mining activities
become prone to excessive soil erosion.
When a mining operation stops, it
leaves behind a wasteland. It may take
several decades and billion of pesos to
completely rehabilitate an area
degraded by mining.
Logging (Legal or Illegal)
The case of Negros Island exemplifies the
worst logging operation in the country. A
century ago, in 1875, Negros had more
than 95% forest cover. By 1988, the forest
cover had been reduced to 4% mainly
due to commercial logging.
Based on Haribon’s Policy Paper on Rain
forest restoration, more than third of the
country’s land area was allocated to 471
logging companies in the 60s and 70s.
Deforestation during those years reached
an all-time high as 300,000 hectares of
forest were wiped out yearly.
Forest Conversion
Recent studies indicate the country had reached
the limits of its arable lands in the early 60s and 70s.
This lead to expansion of palm oil and agricultural
lands into the forest areas.
Forest and marine areas are sometimes reclaimed
for commercial, residential and industrial used. Most
wetlands such as marshes, mangroves and
estuaries have been converted to fishponds or
drained and reclaimed to build housing projects.
Since 1918, around 78% mangrove forests have
been converted to fishponds. As a result, many
endemic freshwater fish and other lifeforms are
threatened to extinction as in the case of the
Sinarapan in Lake Buhi, and the Taal Sea snakes in
Taal Lake.
Kaingin
Some kaingineros clear
natural forests to plant upland
rice to take advantage of the
open area. However,
converted forest areas do not
provide high agricultural yield
due to soil nutrients depletion.
Thus, farmers are forced to
open more areas hoping for a
better harvest.
Charcoal-Making
According to Food and Agriculture
Organization (FAO), fuelwood
collection may not be a major cause of
deforestation, but excessive fuelwood
collection in some areas causes forest
degradation.
Forest are among the sources of
fuelwood in the country. With the rising
price of gasoline, petroleum gas and
kerosene, the demand for fuelwood
can seriously impact on the remaining
forests.
Over-extraction of non-
Timber Forest Products
Over-extraction of non-timber forest
products has led to their scarcity. For
example, nito, rattan, buri, bamboo, and
other vines are extracted for handicraft
like basket and plate weaving, furniture
and fixtures; almaciga, balau and salong
for resin; lagundi, kalingag and other
herbal plants. Nowadays, rattan, which
used to be very common, can only be
found at a high altitudes of the forest. Collection of resin from tree
Irresponsible Tourism
With tourism boom, resorts and facilities for diving and other
water sports have increased. If resort owners, tour
operators, tourist and local government units are not
properly oriented on the importance of balancing nature
conservation and tourism, exploitation of forests and marine
areas is likely to grow severe.
Camping in forested areas may cause forest fire and
dumping of garbage on the floor by some irresponsible
mountain trekkers and hikers.
Ecosystem services provided by
forest biodiversity

• the non-material benefits the

community obtain from
ecosystems through recreation,
CULTURAL spiritual enrichment, scientific
SERVICES discovery, and aesthetic
experience, including, e.g.,
knowledge systems, social
relations, and aesthetic values.

(Source: Millennium Ecosystem Assessment / GreenFacts, 2005)

 • the products obtained
from forests, including,
for example, genetic
PROVISIONIN resources, timber, food
G SERVICES and fiber,
pharmaceuticals,
biochemical, energy
and fresh water.
 • the benefits obtained
from ecosystem
processes, including, for
example, the purification
REGULATING of water and air, crop
SERVICES pollination, the
regulation of climate,
water, and pest and
disease control.
 • are ecosystem services that are
necessary for the production of
all other ecosystem services.
Some examples include primary
biomass production, production
SUPPORTING of atmospheric oxygen, soil
formation and retention, nutrient
SERVICES cycling, water cycling, and
provisioning of habitat.
Biodiversity is the basis and the
“engine” for all these ecosystem
services.
II. COMMON FORESTRY AND
ENVIRONMENTAL LAWS
 APPLICABLE ENVIRONMENTAL LAWS AND
POLICIES IN THE PHILIPPINES

All environmental laws may be imposed in any forest areas

including those that concern the protection, conservation,
utilization, and development of forests, other land-based natural
resources, wildlife, bodies of water such as the seas, oceans,
lakes, rivers and tributaries, protection, conservation and
utilization of water, marine life, and aquatic resources, pollution
control, waste, and regulation of activities that would affect the
environment, and other applicable laws.
 SUMMARY OF APPLICABLE LAWS AND POLICIES
Number Title Description

PD 705 Revised The primary law governing the management,

Forestry Code utilization, development, and protection of forest
lands
RA 9175 Chainsaw Act Regulation on the acquisition, use, and possession of
Chainsaw
RA 9147 Wildlife Primary Law governing the protection and
Conservation conservation of wild flora and fauna found in the
and Protection Philippines, including protected areas and established
Act critical habitats. It also governs exotic species
RA 7586 NIPAS Act Main law which provides for the establishment and
management of protected areas
SUMMARY OF APPLICABLE LAWS AND POLICIES (CONT.)

RA 7942 Philippine Mining Governs the exploration, development,

Act of 1995 utilization, and exploitation of mineral
resources. The main law that regulates all
mining activities
RA 7076 People’s Small- Applies to small-scale mining operations and
Scale Mining Act of activities
1991
RA 9072 National Caves and Primary law to conserve, protect, and manage
Cave Resources caves and cave resources as part of the
Management and country’s natural wealth
Protection Act
Act 3572 Protection of Governs the cutting of Tindalo, Akle or Molave
Special Trees
SUMMARY OF APPLICABLE LAWS AND POLICIES (CONT.)

RA 8749 Philippines Clean Provides the comprehensive air pollution control

Air Act of 1999 policy
RA 9275 Philippine Clean This law applies to water quality management in
Water Act of 2004 all water bodies
RA 9003 Ecological Solid Under this law, the state adopts a systematic,
Waste comprehensive and ecological solid waste
Management Act management program. Its main feature is
of 2000 segregation at source
PD 1586 Philippine Governs the issuance of Environmental
Environmental Compliance Certificate (ECC) on all
Impact Statement environmentally-critical projects or those projects
System which will be implemented in environmentally
critical areas
❑Presidential Decree No. 705 as amended by E.O. No.
277 (Revised Forestry Code of the Philippines) - May
19, 1975

➢It remains to be the basic forestry law governing forests in the Philippines.
➢It provides for a system of land classification; and
➢Basis for utilization and management (including reforestation and forest
protection) based on sustained use management, and penalties for illegal
logging and other forms of forest degradation.

27
THE LAW ON ILLEGAL LOGGING
SEC. 77 OF PD 705 AS AMENDED BY EO NO. 277, SERIES OF 1987
 BRIEF HISTORY
▪ PD 54 (1972) – “Penalties For Illegal Logging”
▪ PD 330 (1973) – “Penalizing Timber Smuggling or Illegal Cutting of Timber
from Public Forest and Forest Reserves as Qualified Theft”
▪ PD 389 (“Forestry Reform Code of the Philippines 1974) – Codifying,
Revising and Updating all Forestry Laws and for other purposes
▪ PD 705 (Revised Forestry Code of the Philippines 1975) Revising PD
389, otherwise known as the Forestry Reform Code of the Philippines.
▪ PD 1559 (1978) – “Further Amending PD 705 otherwise known as
the Revised Forestry Code of the Philippines”
▪ PD 1775 (1981) - AMENDING SECTION EIGHTY OF PRESIDENTIAL
DECREE NUMBERED SEVEN HUNDRED FIVE, AS AMENDED, OTHERWISE
KNOWN AS THE "REVISED FORESTRY CODE OF THE PHILIPPINES"
 BRIEF HISTORY

▪ EO 277 (1987) - AMENDING SECTION 68 OF PRESIDENTIAL DECREE (P.D.)

NO. 705, AS AMENDED, OTHERWISE KNOWN AS THE REVISED FORESTRY
CODE OF THE PHILIPPINES, FOR THE PURPOSE OF PENALIZING POSSESSION
OF TIMBER OR OTHER FOREST PRODUCTS WITHOUT THE LEGAL
DOCUMENTS REQUIRED BY EXISTING FOREST LAWS, AUTHORIZING THE
CONFISCATION OF ILLEGALLY CUT, GATHERED. REMOVED AND POSSESSED
FOREST PRODUCTS, AND GRANTING REWARDS TO INFORMERS OF
VIOLATIONS OF FORESTRY LAWS, RULES AND REGULATIONS
▪ RA 7161 (1991) -AN ACT INCORPORATING CERTAIN SECTIONS OF THE
NATIONAL INTERNAL REVENUE CODE OF 1977, AS AMENDED, TO
PRESIDENTIAL DECREE NO. 705, AS AMENDED, OTHERWISE KNOWN AS THE
"REVISED FORESTRY CODE OF THE PHILIPPINES", AND PROVIDING
AMENDMENTS THERETO BY INCREASING THE FOREST CHARGES ON
TIMBER AND OTHER FOREST PRODUCTS.
BASIC PROVISION OF LAW ON ILLEGAL
LOGGING

Presidential Decree No. 705 (REVISED FORESTRY CODE

OF THE PHILIPPINES) May 19, 1975
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 forestland, or timber from alienable or disposable lands,
public lands, or from private land, without any authority, or possess timber or
other forest products without the legal documents as required under existing
forest laws and regulations, shall be punished with the penalties imposed under
Articles 309 and 310 of the Revised Penal Code:
 Provided, that in case of partnerships, associations, or
corporations, the officers who ordered the cutting, gathering,
collections or possession shall be liable, and if such officers are
aliens, they shall, in addition to the penalty, be deported without
further proceedings on the part of the Commission on Immigration
and Deportation.
The Court shall further order the confiscation in favor of the
government of the timber or any forest products cut, gathered,
collected, removed, or possessed, as well as the machinery,
equipment, implements and tools illegally used in the area where the
timber or forest products are found.
OFFENSES PUNISHABLE UNDER SEC. 77 OF PD
705 AS AMENDED BY EO NO. 277, SERIES OF
1987
MODES ACTSOFPUNISHED SUBJECT
COMMITING THE SOURCE
OFFENSE BASIS OF
OF ILLEGAL
(MODE) OFFENSE
LOGGING
1. Cutting, Gathering,
Collecting, Removing Timber/ Forest land without
Forest Products (public) authority
2. Cutting, Gathering,
Collecting, Timber A & D public without
Removing land, authority
private land
without legal
3. Possession Timber/ All documents
Forest Products
ELEMENTS OF THE OFFENSE
FIRST MODE
▪ There must be cutting, gathering, collecting or removing
of timber or other forest products. The accused cuts,
gathers, collects or removes timber or other forest
products.
▪ The timber or other forest products are cut, gathered,
collected or removed from forest land.
▪ The cutting, gathering, collecting or removal of timber
or other forest products is without authority.
SECOND MODE
▪ The accused cuts, gathers, collects or removes timber
▪ The timber is cut, gathered, collected or removed from
(i) alienable or disposable public land or
(ii) private land
▪ The cutting, gathering, collecting or removal of timber is
without authority
THIRD MODE
▪ The accused possesses timber or other forest products.
▪ His possession of timber or other forest products is
without legal documents as required by existing forest
laws and regulations.
PERSONS LIABLE
1. The cutter
2. The gatherer
3. The collector
4. The remover
5. Possessor or any and all persons who appear to be responsible
for the commission of offense defined in Section 68 of PD 705 as
amended by EO 277, series of 1987.
6. In case of partnerships, associations, or corporations, the officers
who ordered the cutting, gathering, collection or possession.
PENALTIES IMPOSED
1. The offender shall be punished with the penalties imposed
under Articles 309 and 310 of the Revised Penal Code:
2. If the person is an officer of partnerships, associations, or
corporations, the officers who ordered the cutting, gathering,
collections 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.
PENALTIES
The basis of the penalty for illegal logging is the value of the timber or
Forest products subject to the offense

VALUE PENALTY DURATION

More than P22,000 Reclusion Temporal in its 18 yrs, 2 mos& 21 days to

medium and maximum periods 20 yrs (1 yr for each additional
(Maximum) P10,000 but total penalty shall
not exceed 20 yrs)

More than P12,000 up to Reclusion Temporal in its 14 yrs. 8 mos& 1 day to 20 yrs
P22,000 medium and maximum periods
More than P6,000 up to Prison Mayor in its maximum 10 yrs and 1 day to 12 yrs
P12,000 period to Reclusion Temporal in
its minimum period
More than P200 up to Prison Mayor in its medium and 8 yrs & 1 day to 12 yrs
P6,000 maximum periods
REPORTED METHODS EMPLOYED BY ILLEGAL
LOGGERS TO AVOID DETECTION
1. Recycled Documents 7. Containerized Logs
2. Excess Shipment 8. “Palaman”
3. Tampered Documents
4. Different Origin
5. Tabled Document
6. “Sandwich” or Covered Logs
 UNLAWFUL OCCUPATION AND
DESTRUCTION OF FOREST LANDS
(KAINGIN MAKING)
Section 69, PD 705
 WAYS OF
COMMITTING ELEMENTS PENALTIES ADDITIONAL PENALTIES
THE OFFENSE

1. Entering and a. Any person, 1. A fine of not less than 1. Eviction of the offender from
occupying or government official five hundred pesos the land and the forfeiture to
possessing for or employee; (500.00) no more than the Government of all
his own private b. Who shall enter, twenty thousand pesos improvements made and all
use or for occupy or possess (P20,000.00) vehicles, domestic animals and
others any for his own private 2. Imprisonment of not less equipment of any kind used in
forest land or use or for others than six (6) months nor the commission of the offense.
grazing land any forest land or more than two (2) years 2. In case the offender is a
without grazing land; for each such offense, government official or employee,
authority under c. That the entrance, and be liable to the he shall, in addition to the above
a license occupancy or payment of ten (10) penalties, be deemed
agreement, lease, possession is times the rental fees and automatically dismissed from
license or without authority other charges which office and permanently
permit under a license would have been disqualified from holding any
agreement, lease, accrued had the elective or appointive position
license or permit occupation and use of
the land
 WAYS OF
COMMITTING ELEMENTS PENALTIES ADDITIONAL PENALTIES
THE OFFENSE

1. That in the case a. Any person, 1. imprisonment for not 1. Eviction of the offender from
of an offender government official less than two (2) nor the land and the forfeiture to
found guilty of or employee who more than (4) years and the Government of all
making shall make kaingin a fine equal to eight (8) improvements made and all
KAINGIN for his own private times the regular forest vehicles, domestic animals and
use or for others charges due on the equipment of any kind used in
any forest land or forest products the commission of the offense.
grazing land and that destroyed, without 2. In case the offender is a
the KAINGIN is prejudice to the payment government official or employee,
without authority of the full cost of he shall, in addition to the above
under a license restoration of the penalties, be deemed
agreement, lease, occupied area as automatically dismissed from
license or permit determined by the office and permanently
Bureau. disqualified from holding any
elective or appointive position
 RA 9175 (CHAINSAW ACT OF 2002)

AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION

AND USE OF CHAIN SAWS, PENALIZING VIOLATIONS THEREOF AND FOR
OTHER PURPOSES
 PROHIBITED ACTS AND PENALTIES
(a) Selling, Purchasing, Re-selling, Transferring, Distributing or
Possessing a Chain Saw Without a Proper Permit. - Any person
who sells, purchases, transfer the ownership, distributes or otherwise
disposes or possesses a chain saw without first securing the necessary
permit from the Department shall be punished with imprisonment of
four (4) years, two (2) months and one (1) day to six (6) years or
a fine of not less than Fifteen thousand pesos (P15,000.00) but
not more Thirty thousand pesos (30,000.00) or both at the
discretion of the court, and the chain saw/s confiscated in favor of the
government.
(2) Unlawful Importation or Manufacturing of Chain Saw.
- Any person who imports or manufactures a chain saw
without obtaining prior authorization from the
Department shall be punished by imprisonment of not
less than one (1) month nor more than six (6) months
and a fine of not less than One thousand pesos
(P1,000.00) for more than Four thousand pesos
(P4,000.00).
(3) Tampering of Engine Serial Number.
- Any person who is found to have defaced or
tampered with the original registered engine
serial number of any chain saw unit shall be
punished by imprisonment of not less than one (1)
month nor more than six (6) months and a fine of
not less than One thousand pesos (P1,000.00) nor
more than Four thousand pesos (P4,000.00).
(4) Actual Unlawful Use of Chain Saw.
- Any person who is found to be in possession of a chain saw and
uses the same to cut trees and timber in forest land or elsewhere
except as authorized by the Department shall be penalized with
imprisonment of six (6) years and one (1) day to eight (8)
years or a fine of not less that Thirty thousand pesos
(P30,000.00) but not more than Fifty thousand pesos
(P50,000.00) or both at the discretion of the court without
prejudice to being prosecuted for a separate offense that may have
been simultan eously committed. The chain saw unlawfully used
shall be likewise confiscated in favor of the government.
If the violation under this Section is committed by
or through the command or order of another
person, partnership or corporation, the penalties
herein provided shall likewise be imposed on such
other person, or the responsible officer(s) in such
partnership or corporation.
If the offender is a public official or employee, in
addition to the above penalties, he shall be
removed from office and perpetually disqualified
from holding any public office.

The chain saws confiscated under this Section

shall be sold at public auction to qualified buyers
and the proceeds thereof shall go to the
Department.
RA 9147 (WILDLIFE CONSERVATION
AND PROTECTION ACT) PROHIBITED
ACTS AND PENALTIES
Primary law governing the protection and
conservation of wild flora and fauna found in
the Philippines, including protected areas and
established critical habitats. It also governs
exotic species
CRITICALLY ENDANGERED SPECIES
MAMMALS
CN: Tamaraw
LN :
SN: Bubalus mindorensis
FN: BOVIDAE
ORDER :Artiodactyla
Distribution: The tamaraw was first documented in
1888 on the island of Mindoro. Before 1900, most
people avoided settling on Mindoro due to a
virulent strain of malaria. However, as anti-
malarial medicine was developed, more people
settled on the island. The increase in human
activity has drastically reduced tamaraw
population. By 1966 the tamaraw's range was
reduced to three areas: Mount Iglit, Mount
Calavite and areas near the Sablayan Penal
Settlement. By 2000, their range was further
reduced to only two areas: the Mounts Iglit–Baco
National Park and Aruyan.
One of the World’s Largest Eagle
Lives in the rainforests of Isabela,
Samar, Leyte and Mindanao.

It has similarities with Papua New

Guinea's Harpy Eagle (Harpyopsis
novaeguinea).

It lives on large snakes, hornbills,

civet cats, flying lemurs and monkeys -
the reason why it is also called
monkey-eating eagle.

With an estimated population of 100

to 300 today, the Philippine eagle is in
danger of extinction.

It is one of the 400 exotic bird species

The Philippine Eagle in the Philippines, which, if not
(Pithecophaga jefferyi) protected, would disappear from the
face of the Earth.
MAMMALS
CN: Visayan warty pig
LN: baboy-ramo
SN: Sus cebifrons
FN: SUIDAE
ORDER: Cetartiodactyla
Distribution: The Visayan warty pig is endemic
to six islands in the Philippines. It is now
extinct on four of the islands. It is endangered
because Filipino natives captured them and
use them for resources, such as food and
using its skin for fur.
Flying Lemur : Kagwang
(Cynocephalos volans)

The continuous denudation of tropical

forests in the country threatens the
remaining population of kagwang, which
used to abound in the wilderness of Basilan,
Leyte, Samar, Bohol and Mindanao.

Philippine government declared kagwang as

an endangered species and banned its
commercial exploitation.
MAMMALS
CN: Visayan spotted deer
LN:
SN: Cervus alfredi
FN: CERVIDAE
ORDER: Artiodactyla
Distribution: located primarily in the
rainforests of the Visayan islands of
Panay and Negros though it once
roamed other islands such as Cebu,
Guimaras, Leyte, Masbate, and Samar.
BIRDS
CN: Walden’s Hornbill
LN:
SN: Aceros waldeni
FN: BUCEROTIDAE
ORDER: Burcerotidae
Distribution: is a critically
endangered species of hornbill
living in the rainforests on the
islands of Negros and Panay in the
Philippines.
REPTILES
CN: Panay monitor lizard
LN: Bayawak
SN :Varanus mabitang
FN: VARANIDAE
ORDER: Squamata
Distribution: The Panay monitor
occurs only on Panay, inhabiting
remnant forests in the northwestern
and western mountain ranges at
altitudes of 200-1000 m. It is highly
arboreal and dependent on primary
forest ecosystems.
RA 7586 (NIPAS ACT) AS AMENDED BY
RA 11038 (ENIPAS)
Main Law which provides for the Establishment
and Management of Protected Areas
 Except as may be allowed by the nature of their categories and pursuant to
rules and regulations governing the same, the following acts are prohibited
within protected areas:
PROHIBITED ACTS FINES AND PENALTIES
“(a) Poaching, killing, destroying, disturbing of any "(a) A fine of not less than Two hundred
wildlife including in private lands within the thousand pesos (P200,000) but not more
protected area; than One million pesos (P1,000,000) or
"(b) Hunting, taking, collecting, or possessing of any imprisonment from one (1) year but not
wildlife, or by-products derived therefrom, more than six years, or both, plus damages
including in private lands within the protected area of triple the value of the said resources, or
without the necessary permit, authorization or both, shall be imposed upon any person
exemption: Provided, That the PASU as who violates paragraphs (a) to (e) of
authorization or exemption only for culling, Section 20 herein;
scientific research , the exemptions provided under
Section 27(a) of Republic Act No. 9147 (Wildlife
Resources, Conservation and Protection Act) or
harvests of nonprotected species in multiple-use
zones by tenured migrants and IPs;
 PROHIBITED ACTS FINES AND PENALTIES
"(c) Cutting, gathering, removing or collecting "(b) A fine of not less than Two hundred
timber within the protected area including private thousand pesos (P200,000) but not more
lands therein, without the necessary permit, than One million pesos (P1,000,000) or
authorization, certification of planted trees or imprisonment from (1) year but not more
exemption such acts are done in accordance with than six (6) years, or both, shall be imposed
the duly recognized practices of the IPs/ICCs for upon any person who violates paragraphs
subsistence pur poses; (f) to (n) of Section 20 herein;

"(d) Possessing or transporting outside the "(c) A fine of not less than One million
protected area any timber, forest products, pesos (P1,000,000) but not more than Five
wildlife, or by-products derived therefrom which million pesos (P5,000,000) or
are ascertained to have been taken from the imprisonment from six (6) years but not
protected area other that exotic species, the more than twelve (12) years, or both, shall
culling of which has been authorized under an be imposed upon any person who violates
appropriate permit; paragraphs (o) to (v) of section 20 herein;
 PROHIBITED ACTS FINES AND PENALTIES
"(e) Using any fishing or harvesting gear and "(d) A fine of Fifty thousand pesos (P50,000)
practices or any of their variations that destroys daily shall be imposed on the owner of existing
coral reefs, seagrass beds or other marine life facilities within a protected area under Section
and their associated habitats or terrestrial 24 of this Act, if the existence of the same and
habitat as may be determined by the DA or the its future plans and operations will be
DENR; Provided, That mere possession of such detrimental to the protected area. For every
gears within the protected areas shall be prima continuing violation, or if the violation
facie evidence of their use; continues to be committed for thirty (30) days
"(f) Dumping, throwing, using, or causing to be and upon reaching a total fine of Five hundred
dumped into or places in the protected area of thousand pesos (P500,000), the PAMB through
any toxic chemical, noxious or poisonous the PASU and other deputized government
substance or nonbiodegradable material, entities shall cause the cessation of operation
untreated sewage or animal waste or products and either forfeit in favor of the PAMO or
whether in liquid, solid or gas state, including demolish the facility at the cost of its owner. If
pesticides and other hazardous substances as the facility is government-owned, the agency in
defined under Republic Act No. 6969, otherwise charge shall submit a plan for a substitute
known as the "Toxic Substances and Hazardous facility that complies with the protected area
and Nuclear Waste Control Act of 1990' standards and, within one (1) year, execute the
detrimental to the protected area, or to the approved protected area management plan;
plants and animals or inhabitants therein;
 PROHIBITED ACTS FINES AND PENALTIES
"(g) Operating any motorized conveyance within the "(e) Administrative fines of not less that
protected area without permit from the PAMB, Fifty thousand pesos (P50,000), but not
except when the use of such motorized conveyance is exceeding Five million pesos
the only practical means of transportation of (P5,000,000), shall be imposed by the
IPs/ICCs in accessing their ancestral domain/land; DENR Secretary for the violation of any
"(h) Altering, removing, destroying or defacing rule, regulation, or provision of any
boundary marks or signs; agreement reached with the
PAMB: Provided, That if an area which
"(i) Engaging in 'kaingin' or, any manner, causing has sustained damage from any activity
forest fires inside the protected area; conducted therein requires
"(j) Mutilating, defacing, destroying, excavating, rehabilitation or restoration as
vandalizing or, in any manner damaging any natural determined by the court, the offender
formation, religious, spiritual, historical sites, artifacts shall be required to restore of pay
and other objects of natural beauty, scenic value or compensation for damage, which
objects of interest to IPs/ICCs; payment shall accrue to the IPAF.
"(k) Damaging and leaving roads and trails in
damaged condition;
 PROHIBITED ACTS FINES AND PENALTIES
"(l) Littering or depositing refuse or debris on the
ground or in bodies of water;
"(m) Possessing or using blasting caps or explosives
anywhere within the protected area;
"(n) Occupying or dwelling in any public land within
the protected area without clearance from the
PAMB;
"(o) Constructing, erecting, or maintaining any kind
of structure, fence or enclosure, conducting any
business enterprise within the protected area
without prior clearance from the PAMB and permit
from the DENR, or conducting these activities in a
manner that is inconsistent with the management
plan duly approved by the PAMB;
 PROHIBITED ACTS FINES AND PENALTIES
"(p) Undertaking mineral exploration or extraction
within the protected area;
"(q) Engaging in commercial or large-scale quarrying
within the protected area;
"(r) Establishing or introducing exotic species,
including GMOs or invasive alien species within the
protected area;
"(s) Conducting bioprospecting within the protected
area without prior PAMB clearance in accordance
with existing guidelines: Provided, That in addition to
the penalty provided herein, any commercial use of
any substance derived from nonpermitted
bioprospecting within a protected area will not be
allowed and all revenue earned from illegal
commercialization thereof shall be forfeited and
deposited as part of the I{AF;
 PROHIBITED ACTS FINES AND PENALTIES
"(t) Prospecting, hunting or otherwise locating
hidden treasure within the protected area;

"(u) Purchasing or selling, mortgaging or leasing

lands or other portions of the protected area which
are covered by any tenurial instrument; and

"(v) Constructing any permanent structure within

the forty (40)-meter easement from the high water
mark of any natural body of water or issuing a permit
for such construction pursuant to Article 51 of
Presidential Decree No. 1067: Provided, That
construction for common usage wharves and
shoreline protection shall be permitted by the PAMB
only after thorough EIA."
"On the basis of a court order, the DENR shall cause the
eviction of an offender from the protected
area: Provided, That in cases of emergency, the DENR
Secretary may order the immediate exit or departure of
the offender from the protected area. The DENR Secretary
may call on other enforcement agencies to assist in
executing the order to vacate.
"An emergency occurs when there is a demonstrated
impending threat to human life and biodiversity or to
species found within the ecosystem of the protected area
"All minerals, timber or species collected or
removed from the protected area, including all
equipment, devices, conveyances, and firearms
used in connection therewith, shall be forfeited
in favor of the government, and any construction
or improvement made thereon by the offender
shall be subject to confiscation by the PAMO,
subject to the application of due process.
"If the offender is an association or corporation, the
president or manager, who is proven to have participated
in or have actual knowledge of any violation against the
provisions of this Act shall be directly liable for the act of
the employees and laborers: Provided, finally, That the
DENR may impose administrative fines and penalties
consistent with this Act.

"Any person who shall induce another or conspire to

commit any of the acts prohibited in this Act, or force their
workers to commit any of the same, shall be liable as
principal.
RA 9072 (NATIONAL CAVES AND CAVE RESOURCES
MANAGEMENT AND PROTECTION ACT)
PROHIBITED ACTS
The following shall be considered Prohibited Acts.
(a) Knowingly destroying, disturbing, defacing, marring, altering, removing, or
harming the speleogem or speleothem of any cave or altering the free
movement of any animal or plant life into or out of any cave:
(b) Gathering, collecting, possessing, consuming, selling, bartering or exchanging
or offering for sale without authority any, cave resource; and
(c) Counselling, procuring, soliciting or employing any other person to violate
any provisions of this Section.
 FINES AND PENALTIES
Penalties - Any person found guilty of any of the offenses enumerated
under Section 7 hereof shall be punished by imprisonment from two (2)
years to six (6) years or a fine ranging from Twenty thousand pesos
(P20,000) to five hundred thousand pesos (P500,000.00) or both at the
discretion of the Court: Provided, That the person furnishing the capital
to accomplish the acts punishable herein shall be punished by
imprisonment from six (6) yrs and one (1) day to eight (8) years or by a
fine ranging from Five hundred thousand pesos (P500,000.00) to One
million pesos (P1,000,000.00) or both at the Discretion of the Court.
Provided further that if the area requires rehabilitation
or restoration as determined by the Court, the
offender shall also be required to restore the same,
whenever practicable or compensate for the damage:
Provided finally that if the offender is a government
employee, he or she shall likewise be removed from
office.
 CRIMINAL PROCEDURE UNDER THE RULES OF
PROCEDURE FOR ENVIRONMENTAL CASES

OBJECTIVES OF THE RULES

• To protect and advance the right of people to a healthful and balanced ecology;
• To provide a simplified, speedy and inexpensive procedure for the enforcement of
environmental rights and duties;
• To introduce and adopt innovations and best practices ensuring the effective
enforcement of remedies and redress for violation of environmental laws; and
• To enable the courts to monitor and exact compliance with orders and judgments in
environmental cases.
SCOPE OF THE RULES

These Rules shall govern the procedure in

Civil, Criminal and Special Civil Action
before the trial courts designated to try and
decide cases involving enforcement or
violations of Environmental laws.
THE RULES OF CRIMINAL PROCEDURE
WHAT IS A COMPLAINT?

• sworn written statement,

• in question and answer form,
• charging a person with an offense,
• subscribed by the offended party, any peace
officer or other public officer charged with the
enforcement of the environmental law violated.
 WHO CAN FILE A COMPLAINT?

The following may accompany the complaint:

1. Mission order, if any;
2. Sworn statements in question and answer form
of the arresting officers and witnesses;
3. Pictures
a) logically showing the scene of the crime;
b) the object of the offense, such as the illegal logs,
wildlife, the hazardous wastes or toxic
substances;
c) conveyance;
d) tools and other paraphernalia used in the
commission of the crime.
4. If pictures are submitted, these must be accompanied
by sworn statements in
a) question and answer form of
b) the person who took the photographs;
c) by persons who were present when said pictures
were taken; or
d) by any competent persons who can testify on the
accuracy of the pictures.
5. Apprehension and Seizure receipt.
6. Inventory or tally sheet of the items seized.
7. Turn over receipts, if any, to show the chain of custody of
evidence.
8. Endorsement letters, if any, turning over the case from
arresting officers to the police investigators;
9. Certifications from DENR, or other concerned
government regulatory offices on the issuance of the
permits or the authenticity of the permits, if any...
What is Information?
An information is a document charging a person with a
violation of an environmental law and subscribed by the prosecutor.

Who files the Information and prosecutes the case in

Court?
The prosecutor files the information and in charge of the
prosecution of the case in court.
How are duly deputized environmental law enforcers
protected when effecting arrest?
Individuals deputized by the proper government agency enjoy
the presumption of regularity in the performance of official
duty, when effecting arrests for violations of environmental
laws.
What is the role of the law enforcer during pre-
trial?
The law enforcer should be present during pre-trial
and assist in the identification and marking of sworn
statements and other exhibits. He/she should also inform
the prosecutor on matters related to stipulation of facts
and admissions.
What happens during the trial proper?
Prosecutor: presents evidence and witnesses to show the
guilt of the accused.
Defense: presents evidence and witnesses to show that the
accused is not guilty of the offense charged.
How is the testimony of the witnesses presented
during the trial?
• Direct examination: judicial affidavits;
• Cross-examination based on the contents of the affidavit;
• Redirect examination
• Re-cross
What is a SLAPP suit?
• This refers to Strategic Lawsuit Against Public
Participation in criminal cases, an action filed with the
intent to harass, vex, exert undue pressure upon the
law enforcer for his acts of enforcing environmental
laws or protecting the environment.
• Harassment case
What is the remedy of the enforcer?
• Upon the filing of an information in court and before
arraignment, the accused may file a motion to dismiss
on the ground that the criminal action is a SLAPP.
• As a result of the filing of the motion to dismiss on the
ground of SLAPP, the proceedings on the main case is
deferred. The court is required to rule on the motion
to dismiss.
 DEPUTATION OF ENVIRONMENT AND
NATURAL RESOURCES OFFICER (ENRO)

To directly involve the citizenry in the protection and

conservation of the country’s environment and natural
resources, there is a guideline through DAO 2008-22 in
which individuals or group that are willing to be involved
through the issuance of a deputation order by the DENR.
 III. DENR Administrative Order
(DAO) 97-32
1997 Rules for the Administrative
Adjudication of Illegal Forest Products and
the Machinery, Equipment, Tools and
Conveyances Used in Connection Therewith
 DEFINITIONS:
a. APPREHENSION
- the initial measure taken by the DENR when having
determined the existence of probable cause to do so.

b. SEIZURE
- it is the official act of taking by persons authorized into
government custody for, pending formal administrative proceedings
for the disposition thereof.

c. CONFISCATION
- is the official act of the DENR declaring the items become property of the
Republic of the Philippines.
d. FORFEITURE
- when items are submitted by the DENR for
disposition for judicial proceedings.

e. FOREST PRODUCTS
- refers to timber including lumber, pulpwood, firewood, bark,
tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, charcoal, or
other forest growth, such as but not limited to grass, shrub, flowering
plants in forest lands and others.

f. FOREST OFFICERS
- officials and employees of the DENR charged with the
enforcement of forestry laws, rules and regulations of the Philippines.
 SUBJECT to Apprehension,
seizure, confiscation, and forfeiture
• Illegal forest products
• Machinery, equipment, tools, and
implements
• Conveyance
PERSONS Authorized to make
apprehensions and effect seizures
• Apprehension
- Forest Officers, deputies, members of law
enforcement agencies and private citizens as
provided by law.
• Seizure
- RED or RTD, PENR or SFMS/SEMS,
CENRO or Forester III & LMO III
General Requirements for Summary
Administrative Apprehension, Seizure, &
Confiscation
The following procedures shall be strictly complied with:
1. On site determination of probable cause
2. Ocular inspection and immediate release
3. On- site record of violations
4. On site determination of fraudulent misrepresentation
prejudicial to the government
5. On- site conveyance check
6. On- site report
OUTLINE of procedures for Summary
Administrative Apprehensions
The following procedures shall be complied with for the summary
administrative apprehension:

1. Apprehension Receipt
2. Provision of Apprehension Receipt
3. Transparency of Apprehension
Proceedings
OUTLINE of procedures for
Summary Administrative
Seizure
The following procedures shall comply with the summary administrative
seizure:
1. Delivery
2. Summary Administrative Seizure
In case the apprehended conveyance involved is a government vehicle,
the procedure above shall be followed and the vehicle shall be
immediately released to the highest regional official of the office who
owned the same ,upon acknowledging that the said conveyance has
been used in violation of existing forestry laws, rules and regulation.
Outline of Procedures for Summary
Administrative Confiscation
The following procedures shall be complied with for the summary
administrative confiscation of items:
1. Notice of hearing
2. Hearing
3. Disputable presumptions
4. Decision
5. Motion for reconsideration
6. Appeal
7. The decision of the DENR Secretary
8. Executive decision
9. Termination of case
 Abandoned Illegal Forest Products
The following procedures apply in cases where illegal forest products are
abandoned, or when the owner, claimant, custodian or other interested
parties is unknown cannot be determined, or cannot otherwise be found:
1. Photographs of the apprehension site and item/s seized shall be
taken and shall permanent part of the records of the case.
2. On- site record of violations, on-site report and apprehension
receipt shall be prepared.
3. Notice of hearing shall be posted at least three (3) consecutive
weeks in at least three (3) public places.
Temporary Release of Conveyances

The applicant pendente lite may be granted by the hearing

officer upon compliance with the following requirements:
1. DENR Confirmation
2. Sworn Statement and Undertaking
3. Posting of Bond
4. Recall of Conveyance
5. Return/Cancellation of Bond
OLD APPREHENSION RECEIPT FORM
NEW APPREHENSION RECEIPT FORM
FORESTRY PERMITS & AUTHORITIES

Permit is a short-term privilege or authority granted by the State to a person to

utilize any limited forest resources or undertake a limited activity with any forest
land without any right of occupation and possession therein (PD 705).

Tree Earth-Balling Permit– issued by the DENR for the said purpose in lieu of
cutting permit (Memo 27 Nov. 2009)

Special Tree Cutting Permit - issued by DENR for the cutting or commercial
harvesting of trees in forestlands (EO 23, PD 705, PD 953)
FORESTRY PERMITS …..

Private Land Timber Permit (PLTP) – for natural growing

trees in private land/titled properties (DAO 2000-21)

Special Private Land Timber Permit (SPLTP) - for natural

growing premium trees including planted Benguet Pine
(DAO 2000-21) & Narra trees (DAO 1993-58 & DMC 99-
20)

Resource Use Permit (RUP) - resource-use rights granted to

peoples' organizations under the CBFM program (DAO
2000-29)
FORESTRY PERMITS ……

Permit to Harvest in ISF Areas - permit to cut, gather,

transport, dispose and/or utilize of matured & harvestable
planted trees and other non-timber products within areas
covered by CSC under ISF program (DAO 1996-26)

Rattan Cutting License (RCL) – privilege to cut, gather,

transport, utilize, & dispose rattan thru public bidding (DAO
89-4; DAO 2001-22)
FORESTRY PERMITS …

Chainsaw Import Authority - permit to import

chainsaw issued by RED concerned (DAO 2003-
24)

Chainsaw Registration Certificate - permit issued

by the CENRO concerned to own, possess and/or
use the chainsaw for legitimate purpose (DAO
2003-24)

Chainsaw permits to purchase, transfer of

ownership and/or sell, re-sell/dispose/
distribute chainsaws - issued by RED
concerned (DAO 2003-24)
 FORESTRY PERMITS & AUTHORITIES

Wood Import/ Export Authority – permit issued by the RED

concerned to import/export logs or lumber other wood products
(DAO )

Wood Processing Plant Permit (WPP)– permit establish &

operate issued by the DENR secretary for new WPP and the
RED concerned for renewal of WPP (MAO 50 S.1986, as
amended)
Lumber Dealers Permit (RA 1239)
TRANSPORT DOCUMENTS & CERTIFICATES

Why is there a need for transport documents?

Law : PD 705
Guidelines : DAO 2007-31 & DAO 1994-07
Use of Computer generated CTO/CLO, Use of Certificate of Form
Origin i.e. CTO, CLO & CMFPO)
TRANSPORTING ROUND TIMBER,
LUMBER & OTHER NON-TIMBER
FOREST PRODUCTS
BASIC DOCUMENTS:

Certificate of Timber Origin (CTO)

Certificate of Lumber Origin (CLO)
Certificate of Minor Forest Products Origin
(CMFPO)
Self-Monitoring Form (SMF)
Certificate of Verification (CoV)
Certificate of Origin for planted trees in ISF areas
THANK YOU!