Forestry Reform Code of

the Philippines
Presidential Decree 705
Para-legal Training and
Bantay Gubat Deputation
July 5-6 2016 Aroma Family Hotel, San Jose, Occidental Mindoro

Atty. Ismael T. Manaligod

Forest Destruction
200,000 hectares annually
One of the highest in the
world
P11.9 billion yearly loss
Completely denuded by
2025

Causes
Logging (legal and illegal)
Mining & Geothermal
operations
Dam construction
Agriculture
Rapid population
growth/UplandMigration
Conversion for development
projects

SEC. 77. CUTTING, GATHERING AND/OR COLLECTING

TIMBER, OR OTHER FOREST PRODUCTS WITHOUT LICENSE.
1. Cutting, gathering, collecting or removing of timber or other
forest products from any forest land without authority.
Element
Element 11
there
theremust
mustbe
be
cutting,
cutting,
gathering,
gathering,
collecting
collectingor
or
removing
removingof
of
timber
timberor
orother
other
forest
forestproducts
products

Element
Element 22
the
thetimber
timberor
or
other
otherforest
forest
products
productsis
is
cut,
cut,
gathered,
gathered,
collected
collectedor
or
removed
removed
from
from
any
anyforest
forestland
land

Element
Element 33

the
thecutting,
cutting,
gathering,
gathering,
collecting
collectingor
or
removing
removingis
is
without
without
authority
authority

SEC. 77. CUTTING, GATHERING AND/OR COLLECTING

TIMBER, OR OTHER FOREST PRODUCTS WITHOUT LICENSE.
2.
2. Cutting,
Cutting, gathering,
gathering, collecting
collecting or
or removing
removing of
of timber
timber from
from
alienable
alienable or disposable public land or from private land
land
Element
Element 11

there
theremust
must
be
becutting,
cutting,
gathering,
gathering,
collecting
collectingor
or
removing
removingof
of
timber
timber

Element
Element 22
the
thetimber
timberis
is
cut,
cut,gathered,
gathered,
collected
collectedor
or
removed
removedfrom
from
(i)
(i)alienable
alienable
or
disposable
or disposable
public
publicland
landor
or
(ii)
(ii)from
fromprivate
private
land
land

Element
Element 33
the
thecutting,
cutting,
gathering,
gathering,
collecting
collecting
or
or
removal
removalof
of
timber
timberis
is
without
without
authority
authority

The cutting
of timber
even from
private or
titled lands
requires a
license or
permit (for
those
naturally
grown
trees).

SEC. 77. CUTTING, GATHERING AND/OR COLLECTING

TIMBER, OR OTHER FOREST PRODUCTS WITHOUT LICENSE.
3. Possession of timber or other forest products without the
legal documents as required under existing forest laws
laws and
and
regulations
regulations
Element
Element 11

Element
Element 22

The
Theaccused
accused
possessed
possessed
timber
timberor
orother
other
forest
forestproducts
products

His
Hispossession
possessionof
of
timber
timberor
orother
other
forest
forest
products
productsis
iswithout
without
the
thelegal
legaldocuments
documents
as
asrequired
requiredunder
under
existing
existingforest
forestlaws
laws
and
andregulations
regulations

In this mode, the

source of timber or
other forest
products is not
specified.
Impliedly, all types
of land are
covered. The intent
of the law is to
punish the mere
act of possessing
timber and other
forest products
without legal
documents,
whatever may be
the source.

Persons Liable

cutter
cutter

gatherer
gatherer

collector
collector

remover
remover
possessor

possessor or
or any
any and
and all
all persons
persons who
who
appear
to be responsible for the

appear to be responsible for the

commission
commission of
of the
the offense
offense (owners
(owners of
of
conveyances
conveyances and
and owners
owners of
of tools
tools and
and
implements)
implements)
in

in case
case of
of partnership,
partnership, associations,
associations, or
or
corporations,
corporations, the
the OFFICERS
OFFICERS who
who ORDERED
ORDERED
the
the cutting,
cutting, gathering,
gathering, collection
collection or
or
possession.
possession.

BASIS AND PENALTIES FOR ILLEGAL

LOGGING
The basis of the penalty for illegal logging, as
theft and qualified theft, is the value of the
timber or forest products subject of the
offense. The penalty is imprisonment from
arresto menor to reclusion temporal. The
duration of the penalties are shown in the
following table.

Penalties for Illegal Logging

VALUE

PENALTY

DURATION

More than P22,000.00

Reclusion Temporal in its medium

and maximum periods

18 yrs. 2 mos. & 21 days to 20

yrs (1 yr for each addl
P10,000.00 but total penalty
shall not exceed 20 yrs)

More than P12,000.00 up to

P22,000.00

Reclusion Temporal in its medium

and maximum periods

14 yrs. 8 mos. & 1 day to 20

yrs.

More than P6,000.00 up to

P12,000.00

Prision Mayor in its maximum

period to Reclusion Temporal in its
minimum period

10 yrs. & 1 day to 12 yrs.

More than P200.00 up to

P6,000.00

Prision Mayor in its medium and

maximum periods

8 yrs. & 1 day to 12 yrs.

More than P50.00 up to P200.00

Reclusion Temporal in its medium

and maximum periods

8 yrs.& 1 day to 14 yrs. & 8

mos.

More than P5.00 up to P50.00

Reclusion Temporal in its medium

and maximum periods

8 yrs. & 1 day to 12 yrs.

P 5 or less

Prision Correccional in its medium

and maximum periods

2 yrs. 4 mos. & 1 day to 6 yrs.