FORESTGUARDPH.COM
I. BASIC PROVISION OF LAW IN ILLEGAL LOGGING
A. Section 68 of Presidential Decree No. 705 (Forestry Reform Code of the
Philippines), as amended
Executive Order No. 277, series of 1987, provides:
Section 68. Cutting, Gathering and or collecting timber or other forests products
without license
Any person who shall cut, gather, collect, remove timber or other forests
products from any forestland, or timber from alienable or disposable public land, or
from private land without any authority, or possess timber or other forests products
without the legal documents as required under existing forest laws and regulations,
shall be punished with the penalties imposed under Articles 309 and 310 of the
Revised Penal Code; Provided that in the case of partnership, associations 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 the further proceedings on the part of Commission on
Immigration and Deportation.
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 forests products are found.
B. 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 offense defined in Section 68 of P.D. No. 705 as amended by E.O No.
277 Series of 1987
6) in case of partnerships and associations, or corporations the officers who ordered
the cutting, gathering, collection, or possession
C. Penalties imposed:
1) the offenders shall be punished with the penalties imposed under the
Articles 309 and 310 of the Revised Penal Code
2) 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 in Immigration and Deportation (Sec.68 of
P.D. 705 as amended by E.O. 277)
D. Authority to cut, gather, collect or remove timber or forests products
Authority to cut, gather, collect or remove timber or other forests products
from any forest land, or timber from alienable or disposable public land or from
private land might be in the form of any license agreement or permit issued by the
Secretary of the DENR or by his duly authorized representative.
Examples of authority to cut, gather, collect, remove timber or other forests
products
a) Timber License Agreement (TLA) and other existing license permits
Issued by the DENR, effect until their expiry dates subject to the same terms
and conditions as originally granted and approved unless Congress may
provide otherwise.
b) Timber Production Sharing Agreement (TPSA)
All licensed issued by the DENR to utilize timber resources from forest areas.
c) Private Land Timber Permits (PLTP)
A license granted by the DENR to landowners themselves to cut, gather,
collect, remove timber found within their private lands.
d) Special Permits
1) Permit to cut narra and other premium hardwood in the forest areas, civil/
military reservations or resettlement areas
A written authority from the secretary of DENR to cut narra and other
premium hardwood from allowable clearings. Premium hardwood refers to
narra, molave, dao, kamagong, ipil, acacia, akle, apawit, banuyo, batikuling,
hetis, bolangeta, teak, tindalo and maggis.
2) Permit to cut narra and other premium hardwood found (natural grown)
in private lands
This authority is called a Special Private Land Timber Permit (SPLTP) issued
by the Secretary of DENR.
3) For Firewood, Pulp Wood or Timber produce from Ipil-Ipil, Falcata and
other tree species planted in private lands
No permit is required in cutting, harvesting, transporting and sale of
firewood, pulp wood or timber produced from Ipil-Ipil, Falcata and other
tree species planted in private lands or tax-declared alienable and
disposable lands with a corresponding application for patent or acquired
through court proceedings.
Exceptions: (Forest products or timber from tree species planted in private
lands or tax- declared)
1) Narra or other premium hardwood (permit should be secured under
DENR Adm. Order No. 78 (1987) and Memo Cir. No. 22 (1990)
2) Benguet Pine
If planted in private land or tax-declared A& D lands permits shall be secured
under PLTP (DENR Adm. Order No. 121 (1989 last Par. DENR Adm. Order No.
79, Series of 1990)
3) Mangroves
If found within public lands, permit should be secured under DENR Adm.
Order No. 15 (1990)
If found private or title lands, permit should be secured under PLTP under
DENR Adm. Order No. 121 (1989) (Par. 4, Memo Cir. No. 22 1990)
E. Transport of Timber or other forest Products:
Transportation of timber of other forest products without authority or
without the legal documents required under forest laws and regulations is
punishable under Sec. 68 of P.D. No. 705 as amended by E.O. No. 277, series of 1987.
Although the act of transporting timber or other forest products without
authority or without the legal documents required under forest laws and
regulations is not specifically enumerated as one of the offenses punishable under
Sec. 68 of P.D. 705 as amended by E.O. 277, Series of 1987, it is believed that said act
of transporting is embraced in Offence No. 3, that is, possession of timber or other
forest products without the legal documents required by forest laws and
regulations.
II. LEGAL DOCUMENTS REQUIRED BY FOREST LAWS AND REGULATIONS
1) A) Documents required for the shipment (transport) of logs/timber:
1) Certificate of Timber Origin
2) Auxiliary Invoices
3) Sales or Commercial Invoices
4) Log Supply Contract or LSPA
5) Logs must be scaled and marked with Forest Officer’s marking hatchet and
Timber Licensee’s Registered Private Log Mark
6) Certificate of Transport Agreement (Sec. 3 DENR Adm. Order No. 59, Series
of 1990)
B) Sanctions on Shipments of Log/Timber Without CTO
Timber/Logs transported or shipped without the accompanying CTO shall be
presumed as coming from illegal sources and shall be subject to confiscation
and disposition in accordance with Executive Order No. 277 and other laws,
regulations on the matter. The offender shall be subject to prosecution (Par.
9, DENR Adm. Order No. 34, Series of 1988
C) Validity of CTO
The CTO shall be issued on a one-shipment basis. The CTO shall be valid only
for a period of 15 days from date of issuance or after loading in case of export,
or incase of domestic transport, upon discharge at the point of destination,
which ever serve first. In case of expiration, before reaching the point of
destination, renewal or extension thereof should be secured from the nearest
DENR Office (DENR Adm. Order No. 34, Series of 1988)
2) Transport of Lumber (Domestic Transport)
a) Original Copy of Certificate of Lumber Origin (CLO)
b) Lumber Sales Invoice (in case of lumber sale)
c) Tally Sheets
d) Delivery Receipt (BFD Circular No. 8, Series of 1983)
e) Certificate of Transport Agreement unless dispensed with under DENR
Adm. Order No. 59-A, Series of 1990
3) Transport of Lumber (Export)
a) Original Copy of Certificate of Lumber Origin (CLO)
b) Log Sale Invoices (in case of sale of logs from which the lumber were
produced)
c) Lumber Sale Invoices (incase of lumber sale)
d) Tally Sheets
e) Delivery Receipts
f) Certificate of Inspection (as required under BFD Circular No. 8, series of
1983)
g) Certificate of Transport Agreement (unless dispensed with)
4) Minor Forest Products (Domestic Transport)
a) Original Copy of the Certificate of Origin of Minor Forest products
b) Auxiliary Invoices
c) Delivery Receipt (required under BFD Circular No. 8, Series of 1983)
d) Certificate of Transport Agreement (unless disposed with)
5) Minor Forest Products (Export)
a) Original Copy of Certificate of Origin of Minor Forest Products
b) Auxiliary Invoices
c) Delivery Receipt
d) Certificate of Inspection (required under BFD Circular No. 8, series of
1983)
e) Certificate of Transport Agreement (unless disposed with)
Source: "Primer on Illegal Logging." Forestry.denr.gov.ph. N.p., n.d. Web. 10 Apr. 2014.
<http://forestry.denr.gov.ph/illegalog1.pdf>.