REVISED FORESTRY CODE (PD 705, as amended)

Possible violation: Cutting,

Gathering and/or
Collecting Timber, or
Other Forest Products
Without License (Sec. 77,
PD 705 in relation to Sec.
11.1 of DENR DAO 80,
Series of 1987)
Elements:
- The offender cuts,
gathers and/or
collects timber
- The cutting, gathering
and/or collection of
timber is done
without license
Notes: DAO 80, series of
1987 classifies mangrove,
irrespective of size, as
timber.
Moreover, PD 705 as
amended by Sec. 4 of RA
7161 prohibits the cutting
of all species of
mangroves. DOJ Opinion
No. 23, Series of 1994

Recommended evidence:

Penalties:

To prove element # 1:
- Pieces of mangroves cut,
gathered and/or collected or
photographs
- Affidavit of a witness
attesting to the cutting or
gathering

Penalties under Articles 309 (penalty for theft)

and 310 (qualified theft) of the RPC

To prove element # 2:
- Certification of concerned
agencies attesting that no
such license was issued to
the offender

Deportation without further proceedings if

persons liable are aliens.
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.
Art. 309. Penalties. Any person guilty of
theft shall be punished by:
1. The penalty of prision mayor in its minimum
and medium periods, if the value of the thing
stolen is more than 12,000 pesos but does not
exceed 22,000 pesos, but if the value of the
thing stolen exceeds the latter amount the
penalty shall be the maximum period of the
one prescribed in this paragraph, and one year
for each additional ten thousand pesos, but the
total of the penalty which may be imposed
shall not exceed twenty years. In such cases,
and in connection with the accessory penalties
which may be imposed and for the purpose of

supports the
interpretation favoring
ban on mangrove cutting.
Timber shall mean a
piece of wood having an
average diameter of at
least 15 cm and a length
of at least 1.5 m., except
all mangrove species
which in all cases, shall be
considered as timber
regardless of size (Sec.
1.11, DAO 80, S. 1987)

the other provisions of this Code, the penalty

shall be termed prision mayor or reclusion
temporal, as the case may be.
2. The penalty of prision correccional in its
medium and maximum periods, if the value of
the thing stolen is more than 6,000 pesos but
does not exceed 12,000 pesos.
3. The penalty of prision correccional in its
minimum and medium periods, if the value of
the property stolen is more than 200 pesos but
does not exceed 6,000 pesos.
4. Arresto mayor in its medium period to
prision correccional in its minimum period, if
the value of the property stolen is over 50
pesos but does not exceed 200 pesos.
5. Arresto mayor to its full extent, if such value
is over 5 pesos but does not exceed 50 pesos.
6. Arresto mayor in its minimum and medium
periods, if such value does not exceed 5 pesos.
7. Arresto menor or a fine not exceeding 200
pesos, if the theft is committed under the
circumstances enumerated in paragraph 3 of
the next preceding article and the value of the
thing stolen does not exceed 5 pesos. If such
value exceeds said amount, the provision of
any of the five preceding subdivisions shall be
made applicable.
8. Arresto menor in its minimum period or a
fine not exceeding 50 pesos, when the value of
the thing stolen is not over 5 pesos, and the
offender shall have acted under the impulse of

hunger, poverty, or the difficulty of earning a

livelihood for the support of himself or his
family.
Art. 310. Qualified theft. The crime of theft
shall be punished by the penalties next higher
by two degrees than those respectively
specified in the next preceding article, if
committed by a domestic servant, or with
grave abuse of confidence, or if the property
stolen is motor vehicle, mail matter or large
cattle or consists of coconuts taken from the
premises of the plantation or fish taken from a
fishpond or fishery, or if property is taken on
the occasion of fire, earthquake, typhoon,
volcanic erruption, or any other calamity,
vehicular accident or civil disturbance.

Possible violation: Unlawful

occupation or destruction of
forest lands and grazing lands
(Sec. 78, PD 705)
Elements: Enters, occupies or
possesses
1. The offender enters,
occupies, possesses any

Recommended evidence:

Penalties:

To prove element # 1:
- Affidavit of witnesses attesting that the
offender is occupying the forest land or
grazing land;

Fine: P500.00 to P20,000.00 and

To prove element # 2:
- Affidavit of apprehending party that no

Payment: 10 times the rental fees and

other charges which would have accrued

Imprisonment: 6 months to 2 years for

each such offense, and

forest land and grazing land

2. The offender has no authority
under a license agreement,
lease, license or permit to
possess such forest land and
grazing land

copy of such authority, license

agreement, lease, license, permit to
possess forest land was produced when
demanded by apprending party;
Certification from the appropriate DENR
Office that no such authority exists;

had the occupation and use of the land

been authorized under a license
agreement, lease, license or permit
Maximum penalty for repeat offenders
Double the maximum of the penalty for
third-time offenders
(Section 78)

Possible violation: Unlawful occupation or destruction of

forest lands and grazing lands (Sec. 78, PD 705)

Recommended Evidence:

To prove element # 1:
Elements: In any manner destroys such forest land or part - Picture of the destroyed forest land or part thereof
thereof
- Affidavit of witness
1. The offender destroys forest land or part in any manner
- Ocular inspection report by authorized representative of
2. The offender has no authority
concerned government agency
To prove element # 2:
- Certification from authorizing agency to the effect that no
authority was issued.
Possible violation: Unlawful occupation or destruction of
forest lands and grazing lands (Sec. 78, PD 705)
Elements: Causes any damage to the timber stand and
other products and forest growth found therein
1. The offender causes damage
a. to the timber stand and

Recommended evidence:
To proved element # 1:
- Pictures of damaged timber stand and other forest
products and forest growth
- Site inspection report
- Affidavit of witnesses attesting to the damage to the timber

b. other products and

c. forest growth found in the forest

stand, other products and forest growth in the forest

-

Possible violation: Unlawful occupation or destruction of

forest lands and grazing lands (Sec. 78, PD 705)
Elements: Assists, aids or abets any other person to do
so
1. The offender assisted, aided or abetted a person
2. Such person caused damage to the timber stand and
other products and forest growth

Recommended Evidence:
To prove element # 1 & 2:
- Pictures of damaged timber stand and other forest
products and forest growth
- Site inspection report
- Affidavit of witnesses attesting to the damage to the timber
stand, other products and forest growth in the forest

Possible violation: Unlawful occupation or destruction of

forest lands and grazing lands (Sec. 78, PD 705)
Elements: Refuses to vacate the area when ordered to do so
1. The offender occupied an area which is part of a forest
2. That there is an order by competent authority to vacate the
area
3. That the offender refused to vacate the area occupied despite
the order

Recommended evidence:
To prove element # 1:
- Picture of the area occupied
- Site inspection report
To prove element # 2:
- Copy of the order of competent authority
To prove element # 3:
- Affidavit of witness
- Investigation report showing the continuous occupation of the area by the offender
and refusal to vacate
-

Possible Violation

Recommended Evidence

Penalties

Pasturing Livestock
Elements
1.A person grazes or cause to graze
livestock in forest lands, grazing lands
and alienable and disposable lands
which have not been disposed of in
accordance with the Public Land Act
2.The person is without authority
under a lease or permit

Possible violation: Illegal

occupation of National
Parks System and
recreation areas and
vandalism therein (Sec. 80,
PD 705)
Elements:
1. The offender in any
manner cut, destroy,
damage or remove timber
or any species of
vegetation or forest cover
and other natural
resources found in the
National Park system, or
2. Such acts as above
mentioned is without any
permit

To prove element #1
- Affidavit of witness on the
act
- Photograph or video of the
activity
To prove element #2
-Certification that the person has no
authority under a lease or permit

Recommended evidence for

Illegal occupation of National
Parks System and recreation
areas and vandalism therein in
relation to Mangrove
destruction:
To prove element # 1:
- Pieces of cut, destroyed,
damaged or removed mangrove
found in a National Park
- Site inspection report or affidavit
of witnesses
To prove element # 2;
- Affidavit of apprehending officer
that no such permit was shown
when demanded;
- Certification from the DENR that
no such permit was issued

Imprisonment for not less than six (6)

months nor more than two (2) years
Fine equal to ten (10) times the
regular rentals due
Confiscation of such livestock and all
improvements introduced in the area
in favor of the government

Penalties:
Fine: P500 to P20,000, exclusive of the value of the thing damaged; and
Eviction of the offender from the land and
Forfeiture in favor of the government of all timber or any species
or vegetation and other natural resources collected or removed,
and any construction or improvement

Possible Violation/Elements
Survey by Unauthorized Person
1. A person enters any forestlands
and conduct or undertake a survey
for whatever purpose
2. There is no survey permit from the
Director

Possible violation:
Unauthorized issuance of
tax declaration (Sec. 85, PD
705)
Elements:
1. Offender is a public officer
or employee;
2. Offender issues tax
declaration to a real
property
3. He issued such tax
declaration without
certification from Director

Recommended Evidence
To prove element # 1
- Testimony of witness that
the person entered the land
and conducted or
undertook a survey
- Certification/ map that the
area is within forestland
- Photo or video of the
activity undertaken by the
person
To prove element # 2
- Certification that the person
has no survey permit

Penalties
Imprisonment for not less than two
(2) nor more than four (4) years
Confiscation of the implements used
in the violation
Cancellation of the license, if any

Recommended evidence:

Penalties:

To prove element # 1:
- Certification from concerned
government office/officer that
the offender is a public officer
or employee;

Imprisonment:2 to 4 years

To prove element # 2:
- Certified True Copy of the tax
declaration issued with
signature of the offender
affixed to it;

Perpetual disqualification from holding elective or appointive

office

of Forest Development
AND Director of Lands
(now DENR based on EO
No. 192) that the area
declared for taxation is
alienable and disposable
land
4. The property declared for
taxation is not titled nor
occupied and possessed
by IPs/ICC before July 4,
1955

To prove element # 3:
- Certification from concerned
government agency that no
such A & D certification was
issued; or
- Certification that the land is a
forest land and not classified
as A & D;
To prove element # 4:
- Certification from the Register
of Deeds that no title was
issued for the said parcel of
land; and
- Certification from the NCIP or
LGU that the subject property
is not occupied or possessed
by the IPs/ICCs before July 4,
1955.

Possible violation: Kaingin (Sec. 53, PD 705)

Recommended evidence:

Penalties:

Elements:
1. offender is a Kainginero,
2. offender made kaingin
a. after May 19, 1975 or
b. before May 19, 1975 but
increased their clearings after
May 19, 1975 and/or
c. failed to undertake upon notice
the activities imposed upon them
by proper government agency in
accordance with the

To prove element #1:

- affidavit of witness (to the effect that
the accused is the one who made
the kaingin.)

Imprisonment: 2 to 4 years
Fine: equal to 8 times the regular
forest charges due on the forest
products destroyed, without prejudice
to the payment of the full cost of
production of the occupied area as
determined by the Forest
Management Bureau

To prove element #2:

- certification of concerned
government agencies
- affidavit/testimony of witnesses
- inventory of cut trees (to include

Maximum penalty prescribed herein

for offender who repeats the same

management plan for the said

forest or grazing land

volume, ht)
no management plan, etc., see Secs
52 and 53 of PD 705

offense
Double the maximum of the penalty
upon the offender who commits the
same offense for the third time.
(Section 69)