RELEVANT FORESTRY LAWS,

RULES, REGULATIONS AND

GUIDELINES ON FOREST
PROTECTION AND
CONSERVATION

Melchor G. Gallego
Forester III/
Chief Monitoring&Enforcement Section
DENR CENRO Guimbal
Salient Provision of
Laws
DEFINITION OF
TERMS
APPREHENSION
the temporary possession and control over
the forest products or conveyance is
taken/exercised by those authorized to make
apprehensions for administrative disposition in
accordance with law.
CONFISCATION
the official act of the DENR declaring
apprehended items as property of the
Government of the Republic of the
Philippines.
CONVEYANCE
Any mode or type or class of vehicle or
craft or any other means used for transportation
either on land, water, air, or any combination
thereof, whether motorized or not, used for or in
taking and/or maintaining temporary or
permanent possession or control, gathering,
collecting, processing, disposing of, or
otherwise transporting, moving or transferring
illegal forest products.
FOREST OFFICERS

Officials and employees of the

DENR charged with the enforcement of
forestry laws, rules and regulations of
the Philippines.
FOREST PRODUCTS
Refers to timber including lumber,
pulpwood, firewood, bark, tree top,
resin, gum, wood, oil, honey, beeswax,
nipa, rattan, charcoal or other forest
growth, such as but not limited to grass,
shrub, flowering plants in forest lands,
and others.
ILLEGAL FOREST PRODUCTS
Any forest products(s) defined in Section 1
(e) above that are removed, cut, collected,
processed and/or transported:
without the requisite authorization or permit; or
with incomplete required supporting documents;
with genuine authorizations or permits and/or
supporting documentation that have an expired
validity, have been cancelled or that contain forged
entries; or
(d) with spurious (fake) authorizations, permit
and/or supporting documentation. In
implementing these Rules, original documents
shall be required at all times to actually
accompany any forest products being moved or
transported to any place and for any purpose.
Whenever the requisite authorization and/or
supporting documentation are required to but do
not actually accompany the forest products, such
absence constitutes a violation covered by these
Rules.
KAINGIN
Refers to a portion of the forest land
which is subjected to shifting and/or permanent
slash-and-burn cultivation.

LOG
Any section of the bole or of a large
branch, of a felled tree after cross-cutting.
LUMBER
is a processed log or processed forest raw material.

SEIZURE
the official act of taking by persons
authorized of the forest products and conveyance
into government custody, pending formal
administrative proceedings for the disposition
thereof.
TIMBER
A piece of wood with an average diameter
of at least 15 centimeters and a length of at
least 1.5 meter. All mangrove species are
considered timber regardless of size.
 GOVERNING LAWS
P.D. 705 ( REVISED FORESTRY CODE OF THE
PHILIPPINES)
Under the 1987 Constitution:
The Utilization of Forestry Resources may
be done -
1. Directly by the State, or
2. The State entering into:
oJoint-Venture Agreements
oProduction Sharing Agreements
oCo-production
SECTION 45. Authority of Forest
Officers. – When in the performance of
their official duties, forest officers, or
other government officials or
employees duly authorized by the
Department Head or Director, shall
have free entry into areas covered by a
license agreement, license, lease or
permit.
 SECTION 20 of PD 705
Provides that:
• No person may:
1. Utilize, exploit, occupy, possess or conduct any
activity within any forest and grazing land, or
2. Establish, install, add and operate any wood or
forest products, processing plant,

Unless he had been authorized to do under a

license agreement, license, lease or permit .
FORESTRY SHORT-TERM & PERMITS

Rattan Cutting Contract

Wood Processing Plant Permit
Special Tree Cutting Permit
Special/Private Land Timber Permit
Special Land Use Permit
Chainsaw Registration/Permit
Wood Import/Export Permit
Lumber Dealer’s Permit
 OFFENSES PUNISHABLE UNDER
SECTION 77 OF P.D. 705, AS AMENDED

1) Cutting, gathering, collecting or removing of

Timber or other Forest Products from any forest
land without authority

ELEMENTS:

• there must be cutting, gathering, collecting or

removing of timber or other forest products
• the timber or other forest products is
cut, gathered, collected or removed
from any forest land

• the cutting, gathering, collecting or

removing without authority
 OFFENSES PUNISHABLE UNDER
SECTION 77 OF P.D. 705, AS AMENDED

2) Cutting, gathering, collecting or removing of

timber from alienable disposable public land or
from private land

ELEMENTS:
• there must be cutting, gathering, collecting or
removing of timber (Natural Grown Trees)
• the timber is cut, gathered, collected or
removed from alienable or disposable public
land or from private land

• the cutting, gathering, collecting or removing

without authority
 OFFENSES PUNISHABLE UNDER
SECTION 77 OF P.D. 705, AS AMENDED
3) Possession of timber or other forest products
without the legal documents as required under
existing forest laws and regulations

ELEMENTS:
• possession of timber or other forest
products
• The possession is without the legal documents
as required under existing forest laws
 PERSONS LIABLE
• The cutter
• The gatherer
• The collector
• The remover
• The possessor or any and all persons who
appear to be responsible for the commission of
offense defined in Section 77 of P.D. No 705
amended
• In case of partnerships, associations, or
corporations, the officers who ordered the
cutting, gathering, collection or possession
 PENALTIES IMPOSED
• The offenders shall be punished with the penalties
imposed under Articles 309 and 310 of the Revised
Penal Code

• If the person liable is an officer of a partnership,

association or corporation, and is an alien, shall, in
addition to the penalty above imposed, be deported,
without further proceeding, by the Commission on
Immigration and Deportation, Sec. 77 of PD 705 as
amended
PROCESS OF FILING CASES
Complaint shall be filed at the Prosecutor’s
Office/MTC which has jurisdiction, with the
following documents:

• Report of the apprehending/seizing/ inspecting

officers

• Affidavits of the two witnesses

• Picture of the forest products or damaged areas in

case of kaingin/illegal tree cutting
• Sketch plan of the cutting/kaingin area (illegal
cutting)
• Tally sheet of the apprehended/seized forest
products
• Inventory of stumps with an assessed/
estimated value (illegal cutting)
 SECTION 78
Unlawful occupation and destruction of
forestland and grazing land

A. OCCUPATION/POSSESSION
PENALTIES
• Fine – not less than P500.00 nor more than
P20,000.00
• Imprisonment for not less than six months and not
more than two years for each such offense
• Liable to payment of ten (10) times the rental fees
and other charges… (for the use of the land)
B. KAINGIN
MAKING
• Imprisonment of not less than two (2) years
nor more than four (4) years
• Fine equal to eight (8) times the regular forest
charges of forest products destroyed
• Kaingeros, squatters, cultural minorities and
other occupants who entered forest lands &
grazing lands before Dec. 31, 1981 per LOI 1260
without permit shall not be prosecuted…. no
increase of clearing, but maybe ejected &
relocated whenever the best land-use of the area
so demands.
 REQUIREMENTS ON THE
TRANSPORT OF FOREST PRODUCTS
AND ITS GOVERNING GUIDELINES

GOVERNING GUIDELINES

• DAO No. 07, Series of 1994 – Revised

guidelines governing the issuance of
Certificate of Origin for logs, timber,
lumber and non-wood forest products
(include documents for transport other than
CLO/CTO/CMFPO).
 TRANSPORT DOCUMENTS
Per Section 4 the documents required are:

A. LOGS
• Certificate of Timber Origin
• Auxiliary Invoices
• Sales Commercial Invoices
• Log Supply Contract Agreement (LSCA)
• Logs must be scaled and marked with forest officers
marking hatchet and timber licensee’s registered
private log mark (Par. 7, DENR Adm. Order No. 34,
Series of 1988)
• Certificate of Transport Agreement
B. LUMBER (DOMESTIC)
• Original Copy of Certificate of Lumber Origin
(CLO)

• Lumber Sales Invoice (in case of lumber sale)

• Tally Sheets
• Delivery Receipt

• Certificate of Transport Agreement (CTA)

unless dispensed with under DENR
Administrative Order NO. 59- A, Series of
1990
C. MINOR FOREST PRODUCTS
(DOMESTIC)
• Original copy of Certificate of Minor
Forest Products Origin (CMFPO)

• Delivery Receipt

• Certificate of Transport Agreement

(CTA) unless dispensed with
D. FINISHED AND SEMI-FINISHED
FOREST PRODUCTS

• Delivery Receipt/Sales Invoice

• Tally Sheet
• If Narra Species, it would be accompanied
by a certification issued by CENRO
concerned, certifying the legitimacy of its
origin. (DAO No. 58, Series of 1993)
• For rattan finished and semi-finished
products, delivery receipt and Certificate of
legitimacy of the source of rattan forest
products issued by the CENRO concerned
which should accompany the commodities
being transported. (DENR Memorandum
Order No. 11, Series of 1990)
 VALIDITY OF CLO/CTO/CMFPO

• Not exceeding 15 days (including Saturdays,

Sundays or Holidays) from the date of
issuance or after unloading and delivery of
the shipment, which ever comes first.

• In case of its expiration extension thereof

shall be secured from the nearest CENR field
office.
PENALTY/SANCTION TO SHIPMENT
WITHOUT TRANSPORT DOCUMENTS

• Forest products shall be subjected to

confiscation based on the result of
administrative proceeding
 DEREGULATION OF TIMBER PLANTED
IN PRIVATE LANDS
DAO NO. 79, SERIES OF 1990
Prescribed deregulated timber harvesting in private
lands and dispenses the cutting permit.

Premium Hard Wood Species

1. Narra 6. Akle 11. Bolongeta
2. Molave 7. Apanit 12. Teak
3. Dao 8. Banuyo 13. Tindalo
4. Kamagong 9. Batikuling 14. Manggis
5. Ipil 10.Betis
 DMC 99-20 GUIDELINES ON THE
UTILIZATION AND TRANSPORT OF PLANTED
TREES IN PRIVATE LAND

TRANSPORT DOCUMENTS REQUIRED

LOGS/LUMBER AND OTHER TIMBER PRODUCTS

HARVESTED FROM PRIVATE PLANTATION

• Certification/Self
Monitoring Form issued by the
CENRO concerned
• Tally Sheet
• Certificate of Transport Agreement (if the shipper is not
the owner of the conveyance)
 VALIDITY OF THE
CERTIFICATION
• Within 72 hours and/or upon receipt of the
transported items by the consignee

PENALTY/SANCTION TO SHIPMENT
WITHOUT TRANSPORT DOCUMENTS
• Appropriate legal actions pursuant to Section
77 of P.D. 705 as amended shall be taken
against all culpable parties.
• Confiscation of apprehended/seized item(s)
 R.A. No. 7161
An act Incorporating certain Sections of
705, as amended, and providing amendments
that increased the forest charges on timber
and other forest products
SECTION 71
Banning the cutting of all Mangrove Species
 PENALTIES
Embodied in Section 77 & 78 of P.D. 705.

PROCESS OF FILING CASES

Procedure and requirement is same under the
offense in Section 77 & 78
 PD 953
Requiring the planting of trees in certain places and
penalizing unauthorized cutting, destruction,
damaging and injury of certain trees, plants and
vegetation.
SECTION 3
ACTS PROHIBITED

1. Cutting, destroying, damaging or injuring:

a) naturally growing or planted trees
b) any kind of flowering or ornamental plants,
shrubs, or plants of scenic, aesthetic and
ecological values
 WHERE?
along public roads,
in plazas,
in parks other than national parks,
school premises
in any public grounds or place
banks of river or creeks,
along roads in land subdivisions
areas of the subdivision for the common use of the owner of the
lots, and
any species of vegetation of forest cover found in the
subdivision
 IF CUTTING IS NECESSARY, WHO IS
AUTHORIZED TO ISSUE A PERMIT TO CUT

• The duly authorized representative of the Head of

the Agency or political subdivision having
jurisdiction therein

• The Director of Forest Development (now DENR)

in the case of trees on banks rivers and creeks

• Owner of the land subdivision in the case of trees

along roads and other areas therein for common use
of the owner of the lots
 PENALTIES
• Imprisonment for not less than six (6) months and
not more than two (2) years
• Or a fine of not less five (5) hundred pesos and not
more than five (5) thousand pesos
• Or both upon the discretion of the court

EXCEPTION
• When the cutting, destroying, damaging or injuring
is necessary for public safety or the pruning thereof
is necessary to enhance beauty xxx….
 R.A. 1239
An act requiring the Registration of Agent, Contractor
and Dealers in Logs, Lumber and Commercial Piles
(1955)
PROHIBITED ACTS
Dealing of logs/lumber without Certificate of
Registration as Contractors, Agents and Dealers

PENALTIES
• Fine of one (1) thousand pesos
• Imprisonment of not more than one (1) year
Please insert requirements