Primer on Illegal Logging Published by: LEGAL AFFAIRS OFFICE Department of Environment and Natural Resources ‘et Moor, DENR Pulling, Vistas Avenue, Diliman, Quezon CityFOREWORD In 4 historic agreement signed on August 29, 1990, the Depart: ‘ment of Environment and Natural osourees DENR) andthe Depart ‘ment of Justice (DO) have agreed forthe ist time to pit pa common Sand against the pernicious els of legal loging. Tus, was born the SPECIAL TASK FORCE ON ILLEGAL LOGGING composed of DOJ proseetors and DENR lawyers in all the regons allover the county {Upon is organization, the Spe Task Force was immediatly con- {rented With the serfouspretiem of having to go trough maze of ‘equations isfuanees circulars and administrative orders ised by the Forest Management Bureau andthe DENT to implement the basi laws con Mega ogg ‘This PRIMER was therefore, prepared and compiled bythe DENK “Legal Affairs Ofc wo adres the problem. The PRIMER incorporate: ailthcbasiclaws, the pertinent end regoltions issuance. evel And administrative orders relating to eel logo including a bret Aliseusson ofthe principles of eriminal procedure and guelines a the ‘Aiministrtive confisation an disposition of Meal forest products an "Wehopethat those whokaved stake nthe sccm ofthe am gains ilegatiogging copay the DENR people inthe fel the RED ‘CENHOs, DENK Lawyers, DOJ prosecutors and judges wi ‘PRIMER & handy and uefa too UAN ant Secretary for Legal Ata {Co-Chsianan, Special Task Forco‘TABLE OF CONTENTS PAGE CHAPTER I DEFINITIONS . WORDS AND PHRASES. 1 CHAPTER I I BASIC PROVISION OF LAW ON ILLEGAL, LOGGING: A. Section 68 of Presidential Decree No. 708 4 (orestry Reform Code ofthe Philiprines), as ameniled BB. Offenses punishable under Section 68 of 5 ‘PD 703, as amended by B.0. No. 277, Series of 1987 ©. Persons lable 7 ‘D. Penalties Imposed B. Authority to cut, gather, eallet or remove limber or Fores Products F, Transport of Timber or other forest prstuts a A LEGAL DOCUMENTS REQUIRED BY FOREST LAWS AND REGULATIONS 1. Documents required forthe shipment 2 (Cransport) af logs/ timber. 2 Transport of Lumber (Demestie Transport) 8 3 ‘Transport of Lumber (Export) Me 4. Minor Potest Products (Domestic Transport) 16 5. Minor Forest Products (Export)Paci CHAPTER OT CRIMINAL PROSECUTION WHAT DOCUMENTS WARRANT CRIMINAL PROSECUTION OF OFFENSES DEFINED IN SECTION 68 OF P.D. NO. 705, AS AMENDED BY F.0. NO. 277, SERIES OF 1987. PRINCIPLES INVOLVED IN CRIMINAL PROSECUTION CHAPTER TV CONFISCATION OF TIMBER OR FOREST PRODUCTS A. Judisil Confiscation B. Administrative Authority ofthe DENR Secretary C. Other Persons Authorize of Confisate/Seize D. Subject of Administrative Confiscation Seizure B, General Guidelines in Administrative Confiscation Seizure of Mlgally Cut Timber or Prost Products Conveyance, Tools and Implements and Criminal Prosecution ofthe Vielatian of Section 68 of PD. ‘No, 705 as Amerited by E., No, 277 Series of 1987, F, Disposition of Administratvely Confiscated/ Seized Fonest Preduets/Convayance, Tools and guipmets W 28 PRIMER ON ILLEGAL LOGGING CHAPTER 1 DEFINITIONS - WORDS AND PHRASES. As defined by Presidential Decree No, 705,a8amended the following ‘words and phrases shall mean as fllows; 4. “Timber” shall mean any piece of wood having an average diameter of atleast 15 centimeters and at least 1.5 meters long, except al) ‘mangrove species Which in all case, shall be considered as mber regardless of size 1b, "Squared Timber* shall moan timber squared with an ex oF other similar mechanical hard too in the forest and which from the size ofthe piece and the character of the wood is obviously UnBitior Use in that form. Such timber should be invoiced or otherwise manufactured; ifaot, itshould beassessed as mantsactured timber. © "Manufactured Timber" shall meanall timber other than round and ‘squared timber and shall include logs longitudinally saw into pieces, even ifonly o facilitate transporting or havling. The term shall elso include besides all sawn products, all timber heven or ‘otherwise worked to approximate its finished form, such as house posts, ship kecls, mine props, tes, trolly poles, bancas, troughs, Dols, eart wheels, table tops, and other similar articles 4. ‘Firewood" shall mean trees or parts thereof used for domestic household fue, generations, except all mangrove species,*Pulpwood” shall mean any woodetwhatoverform orsiaecommersally tase for the manoractue of any type of pul. "Chipwood" shell mean basiewood materials other than those used ‘as firewood, elwood orraw materials forthe manufacture of slid ‘wood products, Which are suitable for conversion into chips by ‘means of either a chipping machine or hand tools in the bulk processing and manufacture of paper, chipboard, flberboard, hardboard, and other fiber products, "Puetwood” shell mean troes or parts thereof used for industrial or ‘commercial fuel generation, "Wood waste of timber” shall mean wood generated incidental to harvesting timber such a log trims, tre tops, branches buttresses, culls, splits erooks, and the like. "Porest Product" mean timber, pulpwood, firewood, bat, tree top, ‘resin, gum, wood, ol, honey, bewax, nip rattan, or other forest {growet stich as grass, ehrub, and flowering plan, the associated ‘Water fis, gum, senk, historical recreational andgeolgicsesources in the forest lands "Destination shall be deemed to be the place where the forest podets are ualoaded from common earriors or towed by water Which place shall be outside the geographical boundaries of the ‘areas eovared ly the forestry license "Reshipment” shall be understood to mean the removal of forest profnetfrom the origin destination as appearingon the auxiliary “Processing Plant” is any mechanical set-up, doviee, machine or combination of machines used forthe conversion of logs and other forest raw materials into Tambor, Yenoer, plywood, Mberboard, blockboard, paperboard, pulp paper or athe finished weed products, "Lease" is privilege granted by the State to a person to occupy and possess in consideration of specified rental, uny Torest land cf the Public domain in order toundertake any authorized activity therein, “Licerse” isa privilege granted hy the State toa person to utili forestresourceswithinany forestland, without any rghtof occupation ‘and possession over the same tothe exelusion of others, or establish sand operatea wood processing plant orconduet any activity invaving the utilization of any forest resources. "License Agreement” isa privilege granted by the State to « person to utilize forest resources within any forestland with the right of possession and oceupation thereof to the exclusion af others, except the government, but with the corresponding cbligstion to develop, protect and rehabilitate the samein accordance with the termsand ‘conditions set forth In sald agreement. “Permit oa short-term privege or authority granted bythe Sate to person to wine any Init forest resources or undertake Tinted activity withinanyfoet and withoutany Sight ocsupaion and possession therein. “~ 7 “Annual Allowable Cut” isthe volume of materials whether of wood, or other forest products that Is authorized to be ext yearly trom a forest. “Forest Officer” moans any official or employee ofthe Bureau who Inss been appointed or delegated by law or by competent authority to excoute, implement or enforce the provisions of the Revised ForsyRefom Cod othe rte awellartriplonenting regulations. "Person* includes natural as well as juridical person. “legally cut, gathered, transported ielared, classified. and possessed ‘umber, lags and other forest products” are those which were et, gathered, transported, declared, classified or possessed without ‘tuthority, permitorlicenseinaccordancewith forestlaws,rulesand regulationsCHAPTER IL BASIC PROVISION OF LAW ON ILLEGAL LOGGIN A Hon dential 5 (Forest Roform Code of the Philippines), as amended, Executive Order No. 277, series of 1987, provides: "Section 1, Section 580/Presidential Decree (.DJNo, 705, ‘08 amended, is tod to read as follows: Gathering ond or colleen cher Forest Pradete tions ncae spoon ole a ea, zather, collet, remove timber or ather forest products from any forest iand, or tinber fromalienable or disposable public fand, oF {Prom private land widhouany authority, or possess timber or athe? forest products without the legal documents as required under existing forest less and regulations, shall be punished with the ‘penalties imposed under Articles 309 ond 210 the Revised Penal Code; Proviied, that in the ease of partnership, associations, or corporations theofcersuhoorderedinecuttng gathering, coletion ‘or possession shall be liable, and if such offers 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 orderthe confiscation in favor ofthe government of the tinier or any forest products cut, gathered, elected, removed orpossesaed, as uvllas themackinen, equipment, {implements and toosilleglly used in the area where the timber oF forest products are found.” B. Offenses punishable under Section 68 of P.D. 705.8, amended hy E.0. No, 277, Series of 1087: 1) Cutting, gathering, collecting oF removing of Timber ‘orother For fromany forest and ithont authouey, ELEMENTS: 8) there must be cutting, gathering, collecting oF removing of timber or other forest products; D) thetimberorotherforetpreduetsiceut gathered, collected or removed from any forestland: ©) the cutting, gathering, collecting or removing without authority 2) Cutting, gathering, collecting or removing of timber from algnablecediposableyublislandarfromprivate las ELEMENTS: 48) there must be cutting, gathering, collecting oF removing of timber: ) thetimberis eat, gathered, collected or removed fromalienablecr dispesablepubliclandor rom nrivate lind ©) theeutting, gathering collecting or removing without authority, 8) Possesnunof umber or other forest products without ‘he legal documents as required under existing forest laves and regulations.ELEMENTS: 8) posession of timber or other forest products 1b) the possession is without the legal documents as reguired under existing forest. laws In offonse No. 1, Section 65 of P.D. 705, at amended by E.0, No, ‘277, Soriesof 1987, prohibits thecuting, gathering, ellectingor removing oftimber or any forest products from any forestland without authority. In offense No. 2, the act probibite isthe cutting, gathering and ‘omoving of timber only from allenable or disposable publicland or fom private property, ‘Section 68 ofP.D. 705, asamended by £,0.No.277, Series of 1987, silent onthequestion ast whether ornotonecouldeut, gather, collet, ‘and remove other forest prot f ‘or from private land and escape liability therefrom, ‘Thebasie provision oflawik silent and, indeed, one may cut, gather, colleetand removeother forest produets other than timber) from alienble ordisposable public land or from privatoland, yet hemay be iable under offense No. 8 (possession) Offense No. 3 penalizes one in possession of mber or other forest ‘products without the leyal documents as required under existing forest Isws and regulations. The base provision oflaw does not distinguish as ‘wo whether or not ther or other forest products being possessed are ‘derived from forestland, from lienable or disposable public land end/ ‘or from private land. What is material in offense No. 3 is that the ‘possession of the timber or other forest products is without the legal ocuments as required by forest laws and regulations ©) Persons liable: D theeatar 2) the gatherer 8) the collector 4) the remover 5) possessor or any and all persons who sppear to b esponsible for the commission of offense defined i Section 68fP.D.No, 705 asamended by £.0.No, 277 Series of 1987. ©) inease of partaerships, associations or corporations ‘theollicerswhoorleredhecuting gathering, callecto or possession, ©) Penalties imposed: 1) the offenders shall be punished with the pensltie {imposed under Articles 309 and 310 of the Revise Penal Cole; 2) ifthe person liable is an officer of a partnership sssociation oF corporation, and! isan alien, shall, i addition to the penalty above impased, be deported without further procooding, by the Commission o Imimigeation and Deportation, See. 68 of PD. 705. amended by 2.0, 277) E) Authority to cut zather, collet or remove thnber o Forest Products Authority to cut, gather, coleet oF remove timber or other forest products from any forest land, ot timber from alienable or dispostble public land or from private lund might be in the form of eny icone agreement or permit issued bythe Seeretary ofthe DENR or by his duly authorized representative,ome ofthe powers and fonctions othe Deprtment Secretary hs mended), Realy Tox Delaation ate nt aceptableproot been dntpited fo peste ofcers of the Department under DENR Mcrmasiip Gadi oucucrdtra proenonine Eee ‘Ntintaave Order Ne 20asamontodby DENR Administrative Order acon No Series of 190. EXAMPLES OF AUTHORITY TO CUT, GATHER, COLLECT, REMOVE TIMBER OR OTHER FOREST PRODUCTS, 4s) Timber License Agreement (TLA) and other existing license permits ‘These permits were issued by the DENR, pursuant to PD. 706 and the old constitation and continue to bein full force and effect until their expiry dates subject to the satne terms and conditions as originally granted and approved tinless Congress may provide otherwise. (Sec. 3, Executive Onter No. 278, Series of 1987) 1b) ‘Timber Production Shaving Agreement (TPSA) All licensed iseued by the DENR to utilize timber resourses from forest areas, in liow of TLA, in compliance withSee.2,ArtcleXlfofthe New Consituionasimplemented ‘under EO 278, series of 1987. (DENR Administrative Order No. 78 Series of 1990.) ©) Private Land Timber Permits (PLTP) A license granted ty the DENR to landowners themselves to cut, gather, collect, remove timber found (natural grows) within their pivatelenis. For purposes of PLP, Private Lands refer to lands covered by either ‘administrative or judicial tie or FREE PATENT, HOMESTEAD andSALESPATENT and TORRENS TITLE ‘obtained under the Land Registration Act (Act No. 496, as a ‘Special Permits 1) Permittocutnarraandother premium hardwood in the forest areas, civil/miltary reservations or resettlement areas: Avrittenauthorty from the Seretary of DENR to cut artuandotherpremiamerbardwcod from lowable clearings vwithin_civil-or military reservations/renetl ‘esetloment ares; and in lovable dleatings (hidways, roadways cablenayoglanding)insideforestlandscorered bytimbericenspermitsimitedtofiteen 15%) percentfor skiding/truclogpingand yardingbasedontheloggingaren ‘under operation (Par. 22 & 2.8 or DENK Administat Order No 7, Series of 1887, Premium Hardwood refers to narra, mola kkamagong, ipl, acacia, akle, apawit, banuyo, batikuling, hati, bolangeta, teak, tindalo, and mangsis (Par. 1, DENR. Administrative No, 78, Series of 1987). 2) Permittocutnarnsandother premium hardwood found (navural grown) iy gxivate lands ‘This authority is called a Special PrivateLand Timber Permit (SPLTP) issued to land owners themselves by the Scctetary of DENR to cut, gather, collet, or remove narra ‘anil other premium herdood species found in ther private land (DENR Memo Circular No, 22, Series of 1980)or this purpose, Privato Lands, in addition to the Aefiition under DENR Administrative Order No. 121, Series of 1989, also ineludestiiedandsandalienableand disposable lands with approved applications for homested, free and ‘emancipation patents as dofined in Par. 2.1 of DENR Administrative Order No. 78, Series 1989, 3) For Firewood, Palp Wood or Timber produce {rom Tpl-pil (eucaenia spp), Paleaa (ATbizza Paleataria, and other tre species planted in private land No permit is required in cuting, harvesting, transporting and saleof firsecod, pulp wood ar timber prodtced trom Ipil- Ipil, Faleata, orothertree species PLANTED in privatelands or tax-declated alienable and disposable lands with a corresponding application for patent or acquired through court proceedings Instoad of permit, ONLY A CERTIFICATION, which will accompany shipmentfrom theCommunity Environment. tnd Natural Resouces Officer (CENRO} concerned to the fet that eld forest products came from private tiled land or tax-declaredalienable and disposable land Min. Adm. Onder No. 4, Series of 1987, amended by: DENR Adm. Orders No. 86, (1988); 25 (1990) and 79 1097). EXCEPTIONS: (Farestproductsortimber om tree species Planted in private lands or tax-declared A & D) 1) Narraor other premium hardwood (permit should be secured under DENR Adm. Order No. 78 1987) and ‘Momo Cir, No, 29 (1890), 10 2) BENGUET PINE planted in private land or tax declared A & Dlands permits shal be sceured under PLITP (DENR Adm Onder No, 121 (1989 last Par. DENR Adin Order No, 179, Series of 1950), MANGROVES ‘Mfoundwithin public lends. permit should be secured under DENK Adm. Order No. 16 (1900), found in private or ited lands - permits should be secured under PLTP under DENR Adm. Order ‘No. 121 (1989) (Par. 4, Memo Cir. No. 22 (1990). F) Transport of Timber or other forest Produ Tranteration fiber oother fre poductawitoutattonty axing deena eed andre euros ISpunihabe under Sec 68 oF Ne 1 accmensed BO Ne a series of 1987. 7 Atthough the act of transporting timber or other forest products without authority or without thelegal documents required under forest laws and regulationsis not specifically enumerated a one ofthe offenses Bunlsbable under Sec. 68 ofP-D. 705 as amensed by F.0. 277, Series of 1987, its believed that sl act of transporting is embrace! in Offense No.3, thats, possession of timber ar erher Fores products without the Tegal documents required by fore lawe and regulations u) LEGAL DOCUMENTS REQUIRED BY FORESTLAWS AND B) 2 NS 1) A) Documentsrequired for the shipment (ransport of logs/timber 1) Centiticate of Tiber Origin 2) Ausliay Invoices 2) Sales or Commercial Invoices 4 4) Log Supply Contract or LSPA 15) Loge must be sealed and marked with Forest ° Ofivcer’s marking hatchet and Timber Licensee's Registered Private Log Mark (Par. 7, DENR Adm. Order No. 84 Serios of 1988) ©) Cortiicate of Transport Agreement (Ste. 3 DENR Am, Ordor No. 59, Series of 1990) (Note:) The Certifeateaf Transport ot Agreemen ‘an be dispensed with: 1. if the owner of CONVEYANCE i the same ‘owner ofthe timber or other forest produc 1 bbe teansported/shipped 5 2. if immediately prior to loading of any forest product, the conveyance owner notifies the Commonly Enviran sntand Natural Resources Omfieer (CENRO) co, sated of the planned shipment, in which ease, the CENRO shall issue instead a CLEARANCE FOR THE, TRANSPORT OF FOREST PRODUCTS. (DENR Administeative Order No. 59a, seri of 1000) Sanctions on Shipments of Log/Timber Without cto ‘Timber/Logs transported or shipped without the accompanying CTO chall presumed asomingfrom legal sources and shall be subject o confiscation and Aispositon in accordance with Bxocutive Order No, 277 and other laws, regulations on the matter. The offendershallbe subject topresceution (Par. 9, DENR. ‘Adm. Order No. 34, Series of 1988) Validity of CO ‘TheCTOshallbeissved ona ore-shipmentbasis, The CTO shall be valid only for period of fitoen (15) days (including Saturdays, Sundays and Holidays) from date of issuance or after loading in ease of export, ot in case of domestic transport, upon discharge at the point of destination, which ever serve first. In Case of expiration, ofare reaching the point destination, renewal or extension thereof should be secured from ‘he nearest DENR Office (DENR Adm. Order No. $4 Series of 1988) ‘Transport of Lumber (Domestic Transport) 8) Original Copy of Certificate of Lumber Origin (cto) 1b) Lumber Sales Invose (in aae of lumber sale) ©) Tally Sheets A) Delivery Reesipt (BPD CireularNo.8, Seriesof 1983) 1a» ° Certificate of Transport Agreement unless dispensed with under DENR Adm. Order No. 59.4, Series of 1990, ‘Transport of Lumber (Export) o » o (ote) Original Copy of Certifiste of Lumber Origin (clo) Log Sele Invoioes (in cas of sale of logs trom Which the lumber were produced) Limiter Sale Invoies (in age of Tumor sale) ‘Tally Sheets Delivery Reewipts Contifcateof Inspection (as required under BPD Cireular No. 8, series of 1983) Certificate of Transport Agreement (unless Glispensed with) ‘Export Ban on Lumbor 8s of May 15, 1989 exportation of Lumber is ‘banned under DENR Adm. OrderNo.19,Series of 1989 Exemplad From the Ben: Lumber Products, wood manufacture 1 other wood finished. products which are further manufactured from lumber oF Wood, ineiuding but not limited to wooden furniture and toys, packing cases and parquet floors, “ doors and other builder woodworks, picture ‘rames too handles, decorativeerticles, woolen shoee, toothpicks chopstick, et..comingfram localocimportedlogsareallowed ihe exported (DENR Adm, Order No. 05, Series of 1990) 4) Minor Forest Products (Domestic Transport) » » ° a Original Copy of the Certifeate of Origin of ‘Minor Forest products Auxiliay Invoices Delivery Receipt (required under BED Circular No. 8 Series of 1985), Certificate of Transport Agreement (unl disposed with) 5) Minor Forest Products (Export) a » ® @ ° Original Copy of Certificate of Origin of Minor orest Products Auriliany Invoices Delivery Receipt Certificate of Inspection (required under BED Certificate of Transport Agr Aisposed with) 15