evaluation of applications of corporations, obligations of the transferor. increased Filipino equity and participation beyond the 60% constitutional limitation As used in this section, the term assets shall be encouraged. All other factors being shall not include cattle and other livestocks equal, the applicant with more Filipino or animals raised in grazing lands and forest equity and participation shall be preferred. lands, and planted trees and other products raised in industrial tree plantations, tree SECTION 60. Financial and Technical farms and agro-forestry farms. Capability. No license agreement, license, lease or permit over forest lands shall be SECTION 62. Service Contracts. The issued to an applicant unless he proves Department Head, may in the national satisfactorily that he has the financial interest, allow forest products licensees, resources and technical capability not only lessees, or permittees to enter into service to minimize utilization, but also to practice contracts for financial, technical, forest protection, conservation and management, or other forms of assistance, in development measures to insure the consideration of a fee, with any foreign perpetuation of said forest in productive person or entity for the exploration, condition. development, exploitation or utilization of SECTION 61. Transfers. Unless the forest resources, covered by their license authorized by the Department Head, no agreements, licenses, leases or permits. licensee, lessee, or permittee may transfer, Existing valid and binding service contracts exchange, sell or convey his license for financial, technical, management or agreement, license, lease or permit, or any of other forms of assistance are hereby his rights or interests therein, or any of his recognized as such. assets used in connection therewith. SECTION 63. Equity Sharing. Every corporation holding a license agreement, The licensee, lessee or permittee shall be license, lease or permit to utilize, exploit, allowed to transfer or convey his license occupy or possess any forest land, or agreement, license, lease or permit only if conduct any activity therein, or establish and the license, lease or permit has been in operate a wood-processing plant, shall existence for at least three (3) years; the within one (1) year after the effectivity of licensee, lessee or permittee has not violated this amendatory Decree, formulate and any forestry law, rule or regulation and has submit to the Department Head for approval been faithfully complying with the terms a plan for the sale of at least ten percent and conditions of the license agreement, (10%) of its subscribed capital stock in favor license, lease or permit: the transferee has all of employees, laborers and the general the qualifications and none of the public. disqualifications to hold a license agreement, license, lease or permit; there is The plan shall be so implemented that the no evidence that such transfer or conveyance sale of the shares of stocks shall be effected is being made for purposes of speculation; by the corporation not later than the sixth year of its operation, or the first year of effectivity of the amendatory Decree, if the In the first offense, one can raise as a corporation has been in operation for more defense the legality of the acts of cutting, than five (5) years prior to such effectivity. gathering, collecting or removing timber or other forest products by presenting the No corporation shall be issued any license authorization issued by the DENR. In the agreement, license, lease or permit after the second offense, however, it is immaterial effectivity of this amendatory Decree, unless whether the cutting, gathering, collecting it submits such a plan and the same is and removal of the forest products is legal or approved for implementation within the not. Mere possession of forest products sixth year of its operation. without the proper documents consummates the crime. Whether or not the lumber comes Service Contracts from a legal source is immaterial because E.O. 277 considers the mere possession of The Secretary may, in the national interest, timber or other forest products without the allow forest products licensees, lessees, or proper legal documents permittees, to enter into service contracts in as malum prohibitum. consideration of a fee, with any foreign person or entity for the exploration, Mustang Lumber V CA development, exploitation or utilization of forest resources. The owner of Mustang Lumber was charged with violation of the Forestry Reform Code. Criminal Offenses and Penalties Mustang lumber moved to quash the information on the ground that the facts Sec. 68 PD 705 as amended by EO no. 277 comprising the charge did not amount to a Punished under the Articles criminal offense (subject matter of the 309-310 of the RPC information is lumber, which is neither timber nor other forest product under People V. Que Forestry Reform Code and hence, possession thereof w/o the required legal (1) Cutting, gathering, documents is not prohibited) and to suspend collecting and removing the proceedings pending the outcome of the timber or other forest formal challenge of Mustang Lumber products from any forest regarding the legality of the seizure. land, or timber from Lengthy discussion on the meaning of alienable or disposable lumber. But SC held that the information public land, or from validly charged an offense because lumber is private land without any included in the term timber. authority; and
(2) Possession of timber or
Unlawful Occupation of Destruction of other forest products Forest Lands without the legal documents required under Any person who enters, occupies or existing forest laws and possesses, or makes kaingin for his own regulations. private use or for others any forest land without authority under a license Hunt, kill or capture any animal the penalty agreement, lease or permit is the same.. Next Slide: In case the offender is Immediate eviction.. found to be guilty of kaingin Survey by Unauthorized Persons Any person who shall, without permit to PS (Eviction) survey from the director, enters forest lands If the offender is a public official or and conduct a survey for whatever purpose. employee, in addition to the penalties, he shall in addition to the above penalties Imprisonment: not less than 2 nor more be deemed automatically dismissed from than 4 years. office and permanently disqualified from Confiscation of Implements used in the holding any elective or appointive position. violation of this section.
Pasturing Livestock Misclassification and Survey by
government official or employee. Any person who shall, without authority cause to graze livestock in forest lands, Any public officer who knowingly grazing lands or alienable lands which have surveys, classifies or recommends the not as yet been disposed of in accordance release of forest lands as alienable and with the public Land Act. disposable lands contrary to criteria and standards established in the Code. Imprisonment: Not less than six months nor more than 2 years. Dismissed from service with prejudice to reemployment Fine: 10x the regular rentals due. Imprisonment: not less than 1 year. Confiscation: of livestock and all the improvements introduced in the area in Fine: 1,000 favor of the government. The survey, classification or release of Illegal Occupation of national system and forestlands shall be null and void. recreation areas and vandalism therein. Any person who shall, without permit, Arrest occupy for any length of time any portion of the national parks system or shall, in any Arrest without warrant is valid. manner, cut, destroy, damage or remove Delivery him and confiscated materials timber or any other natural resources..he within 6 hours. defaced If far- longer time. Fine: P200 more than P500 exclusive of the value of the thing damaged. Reports will be immediately investigated by the forest officials .. The investigation is Area needs rehad he shall be liable for it. administrative in nature and not govern by the rules on criminal procedure. Search and Seizure without warrant. Forest Products confiscated upon the authority of the DENR Secretary is Moving Vehicle beyond the reach of replevin. People vs Que and Mustang Lumber v CA -Custodia Legis.