PENAL PROVISIONS OF THE REVISED FORESTRY ACT (PD705), CHAINSAW ACT (RA 9175) and Salient Provisions of DAO 1997-32
PENAL PROVISIONS OF THE REVISED FORESTRY ACT (PD705), CHAINSAW ACT
(RA 9175) and Salient Provisions of DAO 1997-32
REVISED FORESTRY CODE (PD 705)CRIMINAL OFFENSES AND PENALTIES
• Cutting, gathering and/or collecting timber or other products without license.
• Unlawful occupation or destruction of forest lands.
• Pasturing Livestock• Illegal occupation of national parks system
and recreation areas and vandalism therein
• Destruction of wildlife resources• Survey by unauthorized person• Misclassification and survey by
government official or employee• Tax declaration on real property• Coercion and influence• Unlawful possession of implements
and devices used by forest officers• Payment, collection and remittance of
forest charges• Payment, collection and remittance of
forest charges• Sale of wood products
Punishable acts under Sec. 77-
1. Cutting, gathering, collecting of forest products without the necessary documents.
2. Possession of forest products without permit.
• Section 77-A – Administrative authority of the DENR to confiscate illegal forest products (DAO 1997-32)
• Section 77-B- reward to informers- 20% of the net proceeds of the forest products
Department of Environment and Natural Resources
DAO 32 series of 1997
Rules for the Administrative Adjudication of Illegal Forest Products, Machinery, Equipment, Tools and Conveyances Used in Connection Therewith
Any forest products that are removed, cut, collected, possessed and/or transported:
Department of Environment and Natural Resources
Illegal Forest Products (Sec. 2.a DAO 97-32)
1. Without the requisite authorization or permit; or
2. With incomplete required supporting documents; or
Department of Environment and Natural Resources
3. With genuine authorization or permit and/or supporting documents that have an expired validity, have been cancelled or that contain forged entries;
4. With spurious (fake) authorization, permit and/or support documentation.
Some Def. (Section 1 of DAO 97-32)
APPREHENSION
The act of taking temporary possession and control over those illegal forest products, and the machinery, equipment, tools, implements, and conveyance used in the possession, gathering, collecting, processing and or transporting the same, by persons authorized by law.
Department of Environment and Natural Resources
Department of Environment and Natural Resources
Department of Environment and Natural Resources
On-site determination of probable cause
Ocular Inspecti
on
Yes No
On-site Record of violation
On-site conveyance check
On-site report
Issuance of apprehension receipt/provisional
apprehension receipt
Release
SEIZURE
It is the official act of taking by persons authorized by law those apprehended items into government custody, pending formal administrative proceedings for the disposition thereof.
Department of Environment and Natural Resources
Department of Environment and Natural Resources
Department of Environment and Natural Resources
DELIVERY
ISSUANCE OF A SEIZURE ORDER
VERIFICATION OF THE EXISTENCE OF A
PRIMA FACIE CASE AGAINST THE
OFFENDER
a. Confirmation of the delivered itemsb. Examination of the apprehending officer/
witness
CONFISCATION
The official act of the DENR declaring that items seized become property of the Government.
Department of Environment and Natural Resources
Department of Environment and Natural Resources
Notice of Hearing
Hearing
Render DecisionMotion for
ReconsiderationAppeal (Office of
the Secretary)
Final and ExecutoryMR
(Office of the Secretary)
Appeal (Office of the President)
15 calendar days 15 calendar days
15 working days 15 calendar days
15 calendar days
Disputable Presumptions
Department of Environment and Natural Resources
Unless specifically controverted and successfully overcome by a preponderance of evidence it becomes conclusive.
a. Full knowledge and participation - All those apprehended;
Department of Environment and Natural Resources
b. Registered/owner/ operator/driver of a conveyance offense “had full knowledge” and “willingly” participated in the commission of the offense.
c. Any forest products apprehended/seized were obtained from an illegal source.
FORFEITURE
declaration of the seized items as property of the government through judicial proceedings.
Department of Environment and Natural Resources
Department of Environment and Natural Resources
Apprehension
Take photographs of the apprehended
items whenever practicable
Notice of Apprehension
Posting of Hearing
Hearing
Motion for Reconsideration
Appeal (Office of the Secretary)
MR (Office of the Secretary)
Appeal (Office of the President)
Final and Executory
Decision/Order
15 calendar days
15 calendar days
15 calendar days
15 calendar days
15 working days
Department of Environment and Natural Resources
FLOWCHART – REGISTRATION OF CHAINSAW BEING POSSESSED UPON
EFFECTIVITY OF DAO 2003-24
Department of Environment and Natural Resources
Filing of Application (CENRO)
Evaluation(CENRO)
Qualified
DenialProcess and Issue
Permit
Not Qualified
Department of Environment and Natural Resources
Filing of Application (ORED)
Evaluates
Qualified
Process and Issue Permit
(Within 15 working days from filing of the
application)
Not Qualified
DENY
Department of Environment and Natural Resources
Permit to purchase, transfer ownership
and/or sell, resell/dispose/distribute
chainsaw
Department of Environment and Natural Resources
Filing of Application (CENRO)
Evaluates
Qualified
Process and Issue Permit
(Within 15 working days from filing of the
application)
Not Qualified
DENY
1. Selling, Purchasing, Re-selling, Transferring, Distributing or possessing a chainsaw without a permit
• Imprisonment
4 yrs., 2 mos. And 1 day to 6 yrs.
or
• Fine
Not less than P15,000.00 but not more than P30,000.00
Department of Environment and Natural Resources
2. Unlawful importation or manufacturing of chainsaw
• Imprisonment
Not less than 1 mo. Nor more than 6 mos. And
or
• Fine
Not less than P1,000.00 nor more than P4,000.00
Department of Environment and Natural Resources
3. Tampering of Engine Serial Number
• Imprisonment
Not less than 1 mo. Nor more than 6 mos. And
or
• Fine
Not less than P1,000.00 nor more than P4,000.00
Department of Environment and Natural Resources
4. Actual unlawful use of chainsaw
• Imprisonment
Not less than 6 yrs. and 1 day to 8 years.
or
• Fine
Not less than P30,000.00 but not more than P50,000.00
Department of Environment and Natural Resources