Atty.

Cornelio Erwin Grino III

PD 705
FORESTRY REFORM CODE
OF THE PHILIPPINES
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Basic Provision of Law on Illegal Logging:

• Section 68 of PD 705, as amended;

Executive Order No. 277, series of 1987,
provides:

• “Section 1. Section 68 of PD 705, as

amended, is hereby amended to read as
follows:
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• “Section 68. Cutting, Gathering and/or Collecting timber or

other forest Products without license. Any person who shall
cut, gather, collect, remove timber or other forest products
from any forest land or timber from alienable or disposable
public land, or from private land without any authority, or
possess timber or other forest product without the legal
documents as required under existing forest laws and
regulations, shall be punished with the penalties imposed
under Art. 309 and 310 of the RPC. Provided, that in the
case of partnership, association, or corporations, the officers
who ordered the cutting, gathering, collection or possession
shall be liable, and if such officers are aliens, they shall, in
addition to the penalty, be deported without further
proceedings on the part of the Commission of Immigration
and Deportation.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• “The Court shall further order the 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.”
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Offenses Punishable under Sec. 68 of PD 705, as

amended by E.O. 277:

• 1. Cutting, gathering, collecting or removing of Timber or

other Forest Products from any forest land without authority.
• 2. Cutting, gathering, collecting or removing of Timber from
alienable or disposable public land or from private land.
• 3. Possession of timber or other Forest Products without the
legal documents as required under existing forest laws and
regulations.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Persons liable:

1. The cutter;
2. The gatherer;
3. The collector;
4. The remover;
5. Possessor or any and all persons who appear to be responsible
for the commission of the offense defined in Sec. 68 of PD 705 as
amended by E.O. 277.
6. In case of partnership, association or corporations; the officers
who ordered the cutting, gathering, collection or possession.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Penalties Imposed:

• 1.The offenders shall be punished with the penalties

imposed under Art. 309 and 310 of the RPC;
• 2. If the person liable is an officer of a partnership,
association or corporation, and is an alien, in addition to the
penalty imposed, be deported without further proceeding by
the BID.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Authority to cut, gather, collect or remove timber or forest

products:

• The authority to cut, gather, collect or remove timber or

forest products shall be issued by the Sec. of the DENR or
his duly authorized representative.

• Transport of Timber or other Forest Products:

• Transportation of timber or other forest products without

authority or without the legal documents required under
forest laws and regulations is punishable under Sec. 68 of
PD 705 as amended by E.O. 277.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Authority to cut, gather, collect or remove timber or forest

products:

• The authority to cut, gather, collect or remove timber or

forest products shall be issued by the Sec. of the DENR or
his duly authorized representative.

• Transport of Timber or other Forest Products:

• Transportation of timber or other forest products without

authority or without the legal documents required under
forest laws and regulations is punishable under Sec. 68 of
PD 705 as amended by E.O. 277.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Export Ban on Lumber:

• As of May 15, 1989 exportation of lumber is banned under

DENR Adm. Order No. 19, series of 1989.

• Exception: Only finished product from lumber or wood.

 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Criminal Prosecution:

• For purpose of prosecuting violation of Forestry Law, the

title shall be the same as those in ordinary criminal
complaint/information but shall be docketed as, to wit: FOR
VIOLATION OF SECTION 68 OF PD 705 AS AMENDE BY
EO 277, SERIES OF 1987.
• The criminal complaint/information shall be filed, preliminary
investigated and prosecuted in accordance with the
Memorandum of Agreement, dated August 29, 1990,
between the DENR and DOJ.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Note: In the absence of any license, permit or special

permit, it is presumed that the cutting, gathering, collecting,
or removing of timber or forest products from any forest land
or timber from private land or alienable or disposable public
land is illegal. In cases of transport, absence of the above
requirement, it is presumed that said timber, lumber or other
forest products being transported/shipped came from illegal
source.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Filing of Complaint:

• The forest officer shall forthwith file the complaint with the
Fiscal’s office against any and all persons who appear to be
responsible for the commission of the offense penalized
under Sec. 68 of PD 705, as amended by E.O. 277.

• In cases where the apprehension are made by the PNP,

PNP or PCG and other law enforcement agencies, the
apprehending agency shall notify the nearest DENR office
and turn over the seized forest products to the
CENRO/PENRO as the case may be for proper
investigation and disposition.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

Confiscation of Timber and other Forest Products:

• A. Judicial Confiscation
• Judicial confiscation presupposes that an illegal logging
case has been filed in court and confiscation has been
ordered as part of the judgment or decision of the court.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

Confiscation of Timber and other Forest Products:

• B. Administrative Confiscation
• The Secretary of the DENR or his duly authorized
representative may order the confiscation of any forest
products illegally cut, gathered, removed, or possessedor
abandoned and all conveyances used either by land, water
or air in the commission of the offense and to dispose of the
same in accordance with pertinent laws and regulations.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

Confiscation of Timber and other Forest Products:

• C. Other Persons Authorized to Confiscate/seize:

– 1. Forest officer or employee
– 2. PNP/AFP/PCG
– 3. Any agency, barangay or barrio official or any qualified person
duly deputized by the DENR-FMB
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Subject of Administrative Confiscation/Seizure:

• 1. Illegally cut, gathered, collected, removed, possessed or

abandoned timber or other forest products;
• 2. All conveyances, either by land, water or air, used in the
commission of the offense;
• 3. All tools and equipment used in committing the offense.

Note: All confiscated products in accordance with existing laws shall,

without delay, be disposed and/or sold at public auction. Likewise,
seized/confiscated conveyances declared confiscated in favor of the
government, may be used at the discretion of the DENR for forest
protection and development activities.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Exception:

• A. Those subject of judicial proceeding without authority

from the court;
• B. Subject of donation to other agencies or charitable or
similar institution;
• C. Those determined by the DENR for its own infrastructure
needs.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Executive Order No. 23, series of 2011:

• An order declaring a moratorium on the cutting and

harvesting of timber in the natural and residual forests and
creating the anti-illegal logging task force.

• Definition of terms:
• Forest land- it includes public forest, permanent forest or
forest reserves and forest reservations.
• Natural and residual forest-are forest composed of
indigenous trees, not planted by man.
• Plantation forest- is a forest where trees were planted
pursuant to a management agreement with the DENR.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Executive Order No. 23, series of 2011:

• An order declaring a moratorium on the cutting and

harvesting of timber in the natural and residual forests and
creating the anti-illegal logging task force.

• Definition of terms:
• A. Forest land- it includes public forest, permanent forest or
forest reserves and forest reservations.
• B. Natural and residual forest-are forest composed of
indigenous trees, not planted by man.
• C. Plantation forest- is a forest where trees were planted
pursuant to a management agreement with the DENR.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Under Sec. 2 of the said E.O. 23, it provides that the

DENR is hereby prohibited from issuing logging
contracts/agreements in all natural and residual forests and
likewise prohibited from issuing/renewing tree cutting
permits in all natural and residual forests nationwide, except
for clearing of road right of way, site preparation for tree
plantations silvicultural treatment and similar activities,
provided that all logs from the said cutting permits shall be
turned over to the DENR.

• However, tree cutting associated with cultural practices

pursuant to IPRA law may be allowed subject to strict
compliance with existing DENR guidelines.
 PD 705
(FORESTRY REFORM CODE OF THE PHILIPPINES)

• Anti-Illegal Logging Task Force:

• Composition:
• 1. DENR Secretary, as Chairman;
• 2. DILG Secretary;
• 3. DND Secretary;
• 4. PNP Chief; and
• 5. AFP Chief.

• Mandate:
The task force is hereby mandated to take the lead in the
anti-illegal campaign and ensure the implementation of E.O.
23 under the supervision of the DENR. It shall also assist
the DENR in the enforcement of other environmental laws.
END..
 Atty. Cornelio Erwin Grino III

PD 705
FORESTRY REFORM CODE
OF THE PHILIPPINES