III.

MONITORING &
ENFORCEMENT
A.Prohibited Acts and Penalties
B.Funds and Revenues
C.Actions and Remedies

1
PROHIBITED ACTS
1. AIR POLLUTION R.A. 8749
CLEAN AIR ACT

2
Sources of AIR POLLUTION

Factories
Stationary Buildings
Sources Households

Vehicles
Ships
Mobile Airplanes, rockets, etc.

3
 AIR RA 8749, SEC. 45. Violation of standards for
stationary sources

For actual excess of any pollution or air quality standards under this Act or
its IRR, the DENR, through the Pollution Adjudication Board (PAB), shall
impose a fine of not more than Php 100,000.00 for every day of violation
against the owner or operator of a stationary source until such time that the
standards have been complied with.
For purposes of the application of the fines, the PAB shall prepare a fine
rating system to adjust the maximum fine based on the violators ability to
pay, degree of wilfulness, degree of negligence, history of noncompliance
and degree of recalcitrance: Provided, That in case of negligence, the first
time offenders ability to pay may likewise be considered by the PAB:
Provided, further, That in the absence of any extenuating or aggravating
circumstances, the amount of fine for negligence shall be equivalent to of
the fine for wilful violation.

4
 Stationary Sources Fines
Sec. 45, Clean Air Act (R.A. 8749)

Violation Fine Party

Actual Not more Owner

excess of than Php operator
pollution 100,000
or air For every day
quality of violation
standard Until the
standards
have been
complied with

5
 AIR RA 8749, SEC. 45. Violation of
standards for stationary sources
The fines herein prescribed shall be increased by at least 10% every 3 yrs
to compensation and to maintain the deterrent function of such fines.
In addition to the fines, the PAB shall order the closure, suspension of
development, construction, or operations of the stationary sources until
such time that proper environmental safeguards are put in place: Provided,
That an establishment found liable for a third offense shall suffer
permanent closure immediately. This paragraph shall be without prejudice
to the immediate issuance of an ex parte order for such closure,
suspension of development of construction, or cessation of operations
during the pendency of the case upon prima facie evidence that there is
imminent threat to life, public health, safety or general welfare, or to plant
or animal life, or whenever there is an exceedence of the emission
standards set by the DENR and/or the Board and/or the appropriate LGU.

6
 Fine on Stationary Source
BASIS
DENR Ability to pay
PAB
Fine Degree of wilfulness
rating
system Degree of negligence
History of noncompliance
Degree of recalcitrance
7
 Air Pollution Ex-Parte
Closure/Suspension Order of
Stationary Sources
during pendency of case

Imminent threat to
Emission
life, public health,
Prima facie standards set by
safety or general
evidence DENR/PAB/
welfare, plant or
appropriate LGU
animal life

8
Deterrent Function of the Fine

Fines are increased by at least 10%

every three years to compensate for
inflation

9
 AIR RA 8749, SEC. 46. Violation of
standards for MOTOR VEHICLES
No motor vehicle shall be registered with the DOTC unless it meets the emission
standards set by the Department as provided in Sec. 21 hereof.
Any vehicle suspected of violation of emission standards through visual signs, such
as, but not be limited to smoke-belching, shall be subjected to an emission test by
a duly authorized testing center for this purpose, the DOTC or its authorized testing
center shall establish a roadside inspection system. Should it be shown that there
was no violation of emission standards, the vehicle shall be immediately released.
Otherwise, a testing result indicating an exceedance of the emission standards
would warrant the continuing custody of the impounded vehicle unless the
appropriate penalties are fully paid, and the license plate is surrendered to the
DOTC pending the fulfilment of the undertaking by the owner/operator of the motor
vehicle to make the necessary repairs so as to comply with the standards. A pass
shall herein be issued by the DOTC to authorize the use of the motor vehicle within
a specified period that shall not exceed 7 days for the sole purpose of making the
necessary repairs on the said vehicle. The owner/operator of the vehicle shall be
required to correct its defects and show proof of compliance to the appropriate
pollution control office before the vehicle can be allowed to be driven on any public
or subdivision roads.
10
Mobile Sources Motor Vehicles
Sec. 46, Clean Air Act (R.A. 8749)

DOTC passed DOTC &

testing center
Emission Vehicle is Roadside
test registered inspection
system

11
Motor Vehicle Emission Testing

Tested for Released or

Passed
Emission Registered

Until vehicle
Impound +
Failed passes
Fine
emission test

12
 AIR RA 8749, SEC. 46. Violation of
standards for MOTOR VEHICLES
In addition, the driver and operator of the apprehended vehicle shall
undergo a seminar on pollution control and management conducted by the
DOTC and shall also suffer the following penalties:
a) First offense a fine not to exceed Php 2,000.00;
b) Second offense a fine not less than Php 2,000.00 not to exceed Php
4,000.00
c) Third offense 1 year suspension of the Motor Vehicle Registration and
a fine of not less than Php 4,000.00 and not more than Php 6,000.00
Any violation of the provisions of Sec. 21 paragraph (d) with regard to
national inspection and maintenance program, including technicians and
facility compliance shall be penalized with a fine of not less than Php
30,000.00 or cancellation of license of both the technician and the center,
or both, as determined by the DTI.

13
 AIR RA 8749, SEC. 46. Violation of
standards for MOTOR VEHICLES
In addition, the driver and operator of the apprehended vehicle shall
undergo a seminar on pollution control and management conducted by the
DOTC and shall also suffer the following penalties:
a) First offense a fine not to exceed Php 2,000.00;
b) Second offense a fine not less than Php 2,000.00 not to exceed Php
4,000.00
c) Third offense 1 year suspension of the Motor Vehicle Registration and
a fine of not less than Php 4,000.00 and not more than Php 6,000.00
Any violation of the provisions of Sec. 21 paragraph (d) with regard to
national inspection and maintenance program, including technicians and
facility compliance shall be penalized with a fine of not less than Php
30,000.00 or cancellation of license of both the technician and the center,
or both, as determined by the DTI.

14
Emission Standard Fines for Vehicles
IRR R.A. 8749 DENR A.O. 2000-81

Driver & 1st = P 1,000

Operator

2nd = P 3,000

3rd = P 5,000 + seminar on pollution

control & management by DOTC/LTO

15
 AIR RA 8749, SEC. 47. Fines and
Penalties for Violations of other
provisions in the Act
For violations of all other provisions provided in this Act and of
the rules and regulations thereof, a fine of not less than Php
10,000.00 but not more than Php 100,000.00 or 6 months to 6
years imprisonment or both shall be imposed. If the offender
is a juridical person, the president, manager, directors,
trustees, the pollution control officer of the officials directly in
charge of the operations shall suffer the penalty herein
provided.

16
 Other violations - Fines
R.A. Not less than P 10,000 but not more than
P 100,000
8749
OR 6 years imprisonment OR both
Clean
Air
Act Juridical person: president, manager,
directors, trustees, pollution control
officer or officials in charge of operations

17
 Air Pollution

Burning of
Hazardous
Burning of Substances & Burning of Bio-
Municipal Waste Waste Medical Waste
Imprisonment Imprisonment
of 2 years 1 Imprisonment of 4 years 1
day to 4 years of 4 years 1 day to 6 years
day to 6 years

18
 Pollution from smoking, RA
8749, sec. 24
Smoking inside a public building or an enclosed
public place including public vehicles and other
means of transport or in any enclosed area outside
of ones private residence, private place of work or
any duly designated smoking area is hereby
prohibited under this Act. This provision will be
implemented by the LGUs.

19
 SMOKING in Public Places

Inside Public
Building, public
vehicle;
Enclosed area Imprisonment OR
outside of his private of 6 months 1
day to 1 year Fine of P 10,000
residence, private
place of work or
designated smoking
area

20
 Pollution thru misfuelling, ra 8749,
sec. 28
In order to prevent the disabling of any emission
control device by lead contamination, no person
shall introduce or cause or allow the introduction of
leaded gasoline into any motor vehicle equipped
with a gasoline tank filler inlet and labeled
unleaded gasoline only. This prohibition shall
also apply to any person who knows or who should
know that such vehicle is designed solely fort he
use of unleaded gasoline.

21
 Misfuelling

Any person who introduces or causes the

introduction of leaded gasoline into nay motor
vehicle equipped with a gasoline tank filler inlet
and labelled unleaded gasoline only shall be
punished with 1 year and 1 day to 3 years
imprisonment or a fine of P 20,000.

22
 AIR RA 8749, SEC. 48. Gross
violations
In case of gross violation of this Act or its IRR, the PAB shall recommend to
the proper government agencies to file the appropriate criminal charges
against the violators. The PAB shall assist the public prosecutor in the
litigation of the case. Gross violation shall mean (a) 3 or more specific
offenses within a period of 1 year; (b) 3 or more specific offenses within 3
consecutive years; (c) blatant disregard of the orders of the PAB, such as
but not limited to the breaking of seal, padlocks and other similar devices,
or operating despite the existence of an order for closure, discontinuance
or cessation of operation; and (d) irreparable or grave damage to the
environment as a consequence of any violation or omission of the
provisions of this Act.
Offenders shall be punished with imprisonment of not less than 6 years but
not more than 10 years at the discretion of the court. If the offender is a
juridical person, the president, manager, directors, trustees, the pollution
control officer or the officials directly in charge of the operations shall suffer
the penalty herein provided.
23
SOLID WASTE
RECYCLING/SORTING
R.A. 9003

24
 Prohibited acts, RA 9003 sec. 48

(1) Littering, throwing, dumping of waste matters in public places, such

as roads, sidewalks, canals, esteros or parks, and establishment, or
causing or permitting the same;
(2) Undertaking activities or operating, collecting or transporting
equipment in violation of sanitation operation and other requirements or
permits set forth in established pursuant;
(3) The open burning of solid waste;
(4) Causing or permitting the collection of non-segregated or unsorted
wastes;
(5) Squatting in open dumps and landfills;
(6) Open dumping, burying of biodegradable or non-biodegradable
materials in flood prone areas;

25
 Prohibited acts, RA 9003 sec.
48
(7) Unauthorized removal of recyclable material intended for collection by
authorized persons;
(8) The mixing of source-separated recyclable material with other solid
waste in any vehicle, box, container or receptacle used in solid waste
collection or disposal;
(9) Establishment or operation of open dumps as enjoined in this Act, or
closure of said dumps in violation of Sec. 37;
(10) The manufacture, distribution or use of non-environmentally
acceptable packaging materials;
(11) Importation of consumer products packaged in non-environmentally
acceptable materials;
(12) Importation of toxic wastes misrepresented as "recyclable" or "with
recyclable content";

26
 Prohibited acts, RA 9003 sec.
48
(13) Transport and dumplog in bulk of collected domestic, industrial,
commercial, and institutional wastes in areas other than centers or
facilities prescribe under this Act;
(14) Site preparation, construction, expansion or operation of waste
management facilities without an Environmental Compliance Certificate
required pursuant to Presidential Decree No. 1586 and this Act and not
conforming with the land use plan of the LGU;
(15) The construction of any establishment within two hundred (200)
meters from open dumps or controlled dumps, or sanitary landfill; and
(16) The construction or operation of landfills or any waste disposal
facility on any aquifer, groundwater reservoir, or watershed area and or
any portions thereof.

27
Sec. 48, R.A. 9003 par. 1 Littering, etc.

Community
Fine of not Service for not
less than P OR
less than 1 day
300 but not to not more
more than P than 15 days to
1,000 LGU were act
was committed

28
Sec. 48 RA 9003, par. 2&3
Sanitation violation

Fine of not less OR Imprisonment

than P300 but of not less than 1
not more than day to not more
P1,000 than 15 days

OR BOTH

29
R.A. 9003 par. 4,5&6 Solid waste

Fine of not less OR Imprisonment

than P 1,000 but of not less than
not more than P 15 days but not
3,000 more than 6 years

OR BOTH

30
 R.A. 9003 par. 8,9,10&11
open dumps & packaging

Imprisonment of
Fine of P500,000 + not
minimum 1 year but not
less than 5% but not
exceeding 3 years for
more than 10% of net
second or subsequent
annual income during
violations of open
previous year
dumps & packaging

31
 R.A. 9003 par. 12 & 13
toxic, industrial, commercial wastes

Fine of not less OR Imprisonment

than P10,000 but of not less than
not more than P 30 days but not
200,000 more than 3 years

OR BOTH

32
R.A. 9003, par. 14,15&16 waste
management facilities, aquifers

Fine of not less OR Imprisonment

than P 100,000 of not less than 1
but not more than year but not more
P 1million than 6 years

OR BOTH

33
R.A. 9003 sec. 50 LGU sanctions

Local government officials and officials of

government agencies concerned who fail
to comply with and enforce rules and
regulations promulgated relative to this
Act shall be charged administratively in
accordance with RA 7160 and other
existing laws, rules and regulations.

34
 Solid Waste Fines &
Penalties, SEC. 49
(a) Any person who violates Sec. 48 paragraph (1) shall, upon conviction, be punished with a
fine of not less than Three hundred pesos (P300.00) but not more than One thousand pesos
(P1,000.00) or render community service for not less than one (1) day to not more than
fifteen (15) days to an LGU where such prohibited acts are committed, or both;
(b) Any person who violates Sec. 48, pars. (2) and (3), shall, upon conviction be punished
with a fine of not less than Three hundred pesos (P300.00) but not more than One thousand
pesos (P1,000.00) or imprisonment of not less than one (1) day but to not more than fifteen
(15) days, or both;
(c) Any person who violates Sec. 48, pars. (4), (5), (6) and (7) shall, upon conviction, be
punished with a fine of not less than One thousand pesos (P1,000.00) but not more than
Three thousand pesos (P3,000.00) or imprisonment of not less than fifteen (15) day but to
not more than six (6) months, or both;
(d) Any person who violates Sec. 48, pars (8), (9), (10) and (11) for the first time shall, upon
conviction, pay a fine of Five hundred thousand pesos (P500,000.00) plus and amount not
less than five percent (5%) but not more than ten percent (10%) of his net annual income
during the previous year.
The additional penalty of imprisonment of a minimum period of one (1) year but not to
exceed three (3) years at the discretion of the court, shall be imposed for second or
subsequent violations of Sec. 48, pars. (9) and (10).
35
 Solid Waste Fines &
Penalties, SEC. 49
(e) Any person who violates Sec. 48, pars. (12) and (13) shall, upon conviction, be
punished with a fine not less than Ten thousand pesos (P10,000.00) but not more
than Two hundred thousand pesos (P200,000.00) or imprisonment of not less than
thirty (30) days but not more than three (3) years, or both;
(f) Any person who violates Sec. 48, pars. (14), (15) and (16) shall, upon
conviction, be punished with a fine not less than One hundred thousand pesos
(P100,000.00) but not more than One million pesos (P1,000,000.00), or
imprisonment not less than one (1) year but not more than six (6) years, or both.
If the offense is committed by a corporation, partnership, or other juridical identity
duly recognized in accordance with the law, the chief executive officer, president,
general manager, managing partner or such other officer-in-charge shall be liable
for the commission of the offense penalized under this Act.
If the offender is an alien, he shall, after service of the sentence prescribed above,
be deported without further administrative proceedings.
The fines herein prescribed shall be increased by at lest ten (10%) percent every
three (3) years to compensate for inflation and to maintain the deterrent functions
of such fines.
36
 Solid Waste - Administrative Sanctions,
RA 9003,Sec. 50

Administrative Sanctions - Local government officials and

officials of government agencies concerned who fail to
comply with and enforce rules and regulations promulgated
relative to this Act shall be charged administratively in
accordance with R.A. 7160 and other existing laws, rules
and regulations

37
Clean Water Act, R.A. 9275
SEWAGE & SANITATION

38
 National Sewerage & Septage Program CWA sec. 7

A priority listing of sewerage, septage and combined

sewerage-septage projects for LGUs based on
population density and growth, degradation of water DENR
List of
resources, topography, geology, vegetation, LGUs
programs/projects for the rehabilitation of existing
facilities and such other factors that the DENR
Secretary may deem relevant to the protection of
water quality. Land
Each LGU shall appropriate the necessary land, LGU Right
including the required rights-of-way/road access to of way
the land for the construction of the sewage and/r
septage treatment facilities.
Each LGU may raise funds to subsidize necessary Funds
expenses for the operation and maintenance of LGU RPT or
sewerage treatment or septage facility servicing in service
fee
their area of jurisdiction through local property taxes
and enforcement of a service fee system. 39
R.A. 9275, sec. 28 Fines, Damages & Penalties

Unless otherwise provided herein, any person who

commits any of the prohibited acts provided in the
immediately preceding section or violates any of the
provisions of this Act or its IRR, shall be fined by the
Secretary, upon the recommendation of the PAB in the
amount of not less than Php 10,000 nor more than Php
200,000 for every day of violation. The fines shall be
increased by 10% every 2 years to compensate for
inflation and to maintain the deterrent function of such
fines; provided that the Secretary may order the
closure or suspension of development or construction or
cessation of operations or disconnection of water supply,
until such time that proper environmental safeguards are
put in place . 40
 R.A. 9275, sec. 28 Fines, Damages & Penalties,
continued

Failure to undertake clean-up operations, wilfully, or

through gross negligence, shall be punished by
imprisonment of not less than 2 years and not more than
4 years and a fine of not less than Php 50,000 and not
more than Php 100,000 per day for each day of
violation. Such failure or refusal which results in serious
injury or loss of life and/or irreversible water
contamination of surface, ground, coastal and marine
water shall be punished with imprisonment of not less
than 6 years and 1 day and not more than 12 years, and
a fine of Php 500,000 per day for each day during which
the omission and/or contamination continues.

41
 R.A. 9275, sec. 28 Fines, Damages & Penalties,
continued

Failure to undertake clean-up

operations, wilfully, or through No clean-up w/ Serious Injury,
gross negligence, shall be operations loss of life,
punished by imprisonment of not irreversible water
less than 2 years and not more Willful/negligence contamination
than 4 years and a fine of not less
than Php 50,000 and not more
than Php 100,000 per day for
each day of violation. Such 2 yrs < x < 6.1 yrs < x
failure or refusal which results in
serious injury or loss of life and/or
4 yrs < 12 yrs
irreversible water contamination
of surface, ground, coastal and
marine water shall be punished
with imprisonment of not less P50k >
than 6 years and 1 day and not Fine < P500k/day
more than 12 years, and a fine of
Php 500,000 per day for each day
P100k
during which the omission and/or
contamination continues.

42
 R.A. 9275, sec. 27 Prohibited Acts
a) Discharging, depositing or
causing to be deposited
material of any kind directly
or indirectly into the water
bodies or along the margins
of any surface water, where,
the same shall be liable to be
washed into such surface
water, either by tide action or
by storm, floods or otherwise
which could cause water
pollution or impede natural
flow in the water body;
b) Discharging, injecting or
allowing to seep into the soil or
sub-soil, any substance in any
form that would pollute
groundwater. In the case of
geothermal projects, and subject
to the approval of the Dept.,
regulated discharge for short-
term deep re-injection of
geothermal liquids may be
allowed; Provided that safety
measures are adopted to prevent
the contamination of ground
water.
43
 R.A. 9275, sec. 27 Prohibited Acts
c) Operating facilities that
discharge regulated water
pollutants without the valid
required permits or after the
permit was revoked for any
violation of any condition therein.
d) Disposal of potentially
infectious medical waste into sea
water by vessels unless the
health or safety of individuals on
board the vessel is threatened by
a great and imminent peril.
e) Unauthorized transport or
dumping into sea waters of
sewage sludge or solid waste as
defined in RA 9003.
f) Transport, dumping or discharge of
prohibited chemicals, substances or
pollutants listed under R.A. 6969.
g) Operate facilities that discharge or
allow to seep, wilfully or through gross
negligence, prohibited chemicals,
substances or pollutants listed under
R.A. 6969 into water bodies or
wherein the same shall be liable to be
washed into such surface, ground,
coastal, and marine water.
h) Undertaking activities or
development and expansion of
projects, or operating
wastewater/sewerage facilities in
violation of PD 1586 and its IRR.
44
 R.A. 9275, sec. 27 Prohibited Acts
i) Discharging regulated water
pollutants without the valid
required discharge permit
pursuant to this Act or after the
permit was revoked for any
violation of condition therein.
j) Non-compliance of the LGU
with the Water Quality
Framework and Management
Area Action Plan. In such a
case, sanctions shall be
imposed on the local
government officials concerned.
k) Refusal to allow entry,
inspection and monitoring by
the Department in accordance
with this Act
l) Refusal to allow access by the
Department to relevant reports and
records in accordance with this Act.
m) Refusal or failure to submit reports
whenever required by the Department
in accordance with this Act.
n) Refusal or failure to designate
pollution control officers whenever
required by the Department in
accordance with this Act.
o) Directly using booster pumps in the
distribution system or tampering with
the water supply in such a way as to
alter or impair the water quality.
45
 R.A. 9275, sec. 28 continued
Fines, damages and penalties
for gross violation offenders shall be punished with a fine of not
less than Php 500,000 but not more than Php 3million per day for each
day of violation or imprisonment of not less than 6 years but not more
than 10 years, or both, at the discretion of the court.
for violations under sec. 4 PD 979, such person shall be liable for a
fine of not less than Php 50,000 nor more than Php 1million or by
imprisonment of not less than 1 year nor more than 6 years or both, for
each offense, without prejudice to the civil liability of the offender in
accordance with existing laws; any vessel from which oil or other
harmful substances are discharged in violation of sec. 4 PD 979 shall
be liable for the penalty of fine specified in the immediately preceding
paragraph and clearance of such vessel which may be recovered in
proceedings by liber in rem in the proper court where the vessel may
be. The owner or operator of a vessel will be liable to pay for any
clean-up posts.
46
 LGU Ordinances on Sewage
Rule 7
7.4 Lands & Right of Way 7.5 Funding

Each LGU, through the Each LGU may enact

enactment of an ordinances adjusting local
ordinance, shall property taxes or
appropriate the necessary imposing a service fee
land including the system to meet necessary
required rights-of- expenses for the
way/road access to the operation and
land for the construction maintenance of sewerage
of the sewage and/or treatment or septage
septage treatment management facility
facilities in accordance servicing their area of
with the Local jurisdiction.
Government Code.
47
PROHIBITED ACTS
ILLEGAL LOGGING, PD 705

48
 Criminal offenses, sec. 68

Without
timber or other timber from
Cut, gather, license,
forest product any A&D
collect of permit,
from any public lands or
remove agreement,
forest land private lands
lease

GUILTY of qualified theft under

Art. 309 and 310 of the ALIENS
Revised Penal Code deported
49
 Sec. 69, PD 705 Unlawful occupation
or destruction of forests
Forest Enters and occupies or possesses or makes
land kaingin any forest land or part thereof
Without
license, Destroys in any manner any forest land or causes
permit or any damage to timber and other products and
agreement forest growth
Assists, aids or abets any other person to do so

Sets a fire or negligently permits a fire to be set in

any forest land

50
 Penalties
Fine Kaingin Additional

Not less than Imprisonment of Eviction of the

P500 nor more not less than 2 offender
than P20,000 years nor more Forfeiture to the
Imprisoned for than 4 years government of
not less than 6 Fine = 8x regular all improvements
months nor more forest charges and all vehicles,
than 2 years on forest domestic
For each offense products animals and
Fee of 10x rental destroyed equipment used
fees and other Cost of Vehicles sold at
charges restoration of public auction
occupied area Automatic
dismissal for
government
officials
51
FORESTS

52
Pasturing Livestock without permit - SEC. 70, PD
705

Imprisonment of
Confiscationof
not less than 6 And Fine = 10 x
livestock and
mos. nor more regular rentals
improvements
than 2 yrs.

53
 Illegal occupation of parks and
vandalism - SEC. 71, PD 705

Court ORDER to
evict with forfeiture of
all removed or
Fine = not less than
+ value of thing + restoration or collected timber/
P200 nor more than
damaged rehabilitation vegetation/ natural
P500
resources and any
improvement or
construction

54
 Destruction of wildlife -SEC. 72, PD 705

DENIED any
Fine = not less For each permit for 3
than P100 violation years from date
of violation

55
Unauthorized Survey -SEC. 73, PD 705

Imprisonment
Not less than 2 Confiscation of Cancellation of
years
implements license
Not more than 4
years

56
Release of Forest lands by misclassification
- SEC. 74, PD 705

Imprisonment
Dismissed not less than
from service 1 year
Administrative Court
No re- Fine of not
employment less than
P1,000

Released Forest Land through misclassification is NULL and VOID

57
Tax Declaration without certification from Forestry that area
is Alienable & Disposable - SEC. 75, PD 705

Imprisonment EXCEPTION:
Perpetual
Not less than 2 occupied and
Disqualification
years possessed by
Not more than 4 from elective or
minorities since
years appointive office
4 July 1955

58
Coercion and influence - SEC. 76, PD
705

Imprisonment Fine = P500 for every

Not less than 1 year hectare or fraction
improperly surveyed,
classified or released

59
 Unlawful possession of Implements & Devices;
and destroying, defacing official marks - SEC. 77,
PD 705

Imprisonment Fine = not less

Not less than 2 Confiscation
than P1,000 nor
years and cancellation
more than
Not more than 4 of license
years P10,000

60
 Forest Charges - SEC. 78, PD 705

Fine not
exceeding
P100,000
Fails or Imprisonment not
25% refuses exceeding 6 years
Fails to
surcharg
to remit Dismissal without
Pay e reinstatement
or delays
Permanent
disqualification
from elective or
appointive office

61
 Sale of Wood Products in violation of Grading
Rules - SEC. 79, PD 705

Dealer additional
Suspension of Fine = not less than
Not less than 2
export permit, P200 or total value
years
sawmill license, etc. of Invoice whichever
is greater

62
Arrest & filing of criminal actions - SEC. 80, PD 705

Forestry officer or Any person who is Seize and confiscate:

employee Arrest committing illegal act Tools and equipment
without Warrant in his presence Forest products

Exception if
General Rule Deputies
inside Forest
Deliver within 6 Within a PNP
hours from arrest reasonable time Barangay official
& seizure for ordinary travel Any qualified
To official for From place of person
preliminary arrest to place of
investigation and delivery
file complaint in
court 63
Arrest & filing of criminal actions - SEC. 80, PD 705

Forestry officer or employee Any person who has committed

Investigates illegal act NOT in his presence

General Rule Prima Facie Evidence

Receive evidence File complaint with

supporting the official to conduct
complaint preliminary
investigation and file
complaint in court
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 Items subject to Confiscation - DENR A.O. 97-32

Machinery,
Any Forest Product Conveyance
Equipment
Removed, cut, Used in the Any vehicle or craft
collected, processed possession, or any means used
or transported gathering, collecting, for transporting.
Without permit or processing and/or collecting, gathering,
with incomplete transporting illegal moving illegal forest
supporting forest products products
documents
With expired or
cancelled permits
With fake
documents
Not accompanied by
required documents

65
 Chainsaw Act - RA 9175

Without a Permit: Importation without Tampering of engine

Imprisonment of 4 years, 2
mos. 1 day to 6 years
OR Fine = not less than
P15,000 nor more than
P30,000
OR BOTH
Confiscation of chain saw
authority:
Imprisonment of not less than
1 month nor more than 6
months
AND Fine = not less than
P1,000 nor more than P4,000
serial number:
Imprisonment of not less than
1 month nor more than 6
months
AND Fine = not less than
P1,000 nor more than P4,000

OR Fine = not
Chain saw
Actual Unlawful Imprisonment = less than OR BOTH
CONFISCATED
Use of Chain 6 yrs 1 day to 8 P30,000 nor Imprisonment
and SOLD at
Saw yrs more than P and Fine
Public Auction
50,000

66