The Revised Forestry Code of the Philippines (P.D. 705) defines the criminal offences in forestry and provides the corresponding penalties...
The Revised Forestry Code of the Philippines (P.D. 705) defines the criminal offences in forestry and provides the corresponding penalties. Section 68, 70, and 71 state some offenses and penalties;
Section 68. Cutting, Gathering, and/or Collecting Timber or Other Products Without License. Any person who will gather, collect, or remove timber or other forest products from any forest land, or other forest timber from alienable or disposable public lands, or private lands, without any authority under a license agreement, lease, license, or permit shall be guilty of qualified theft as defined and punished under Articles 309 and 310 of the Revised Penal Code. Provided, that in the case of partnership, association, or corporation, the officers who ordered the cutting, gathering, or collecting shall be liable. If such officers are aliens, they shall in addition to the penalty, be deported without further proceedings on the part of the Commission on Immigration and Deportation. The court shall further order the confiscation in favor of the government of the timber or forest products cut, gathered, collected, or removed, and the machinery, equipment, implements, and tool used therein and the forfeiture of his improvements in the area.
The same penalty plus cancellation of his license agreement, lease, license, or permit and perpetual disqualification from acquiring any such privilege shall be imposed upon any licensee, lessee, or permit holder who cut timber from the licensed or leased area of another, without prejudice to whatever civil action the latter may bring against the offender.
Section 69. Unlawful Occupation or Destruction of Forest Land.
Any person who enters and occupies or possesses or makes a kaingin for his or her own private use or for others, any land without authority under a license agreement, lease, license, or permit, or in any manner destroys such forest land or part thereof, or causes any damage to the timber stand and other products and forest growths found therein, or who assists, aids or abets any other person sets on fire or negligently permits a fire to set in any forest land shall, upon conviction, be fined in an amount of not less than five hundred pesos and imprisoned for not less than six months or more than two years of each such offense, and be liable to the payment of ten times the rental fees and other charges which would have accrued had the occupation and use of them had been authorized under a license agreement, license, lease, or permit.
Provided that in a case of an offender found guilty of making kaingin, the penalty shall be imprisonment for not less than two or more than four years and give equal to eight times the regular forest charges due on the forest products destroyed without prejudice to the payment of the full cost of reforestation of the occupied areas as determined by the Bureau.
Section 70. Pasturing Livestock.
Imprisonment of not less than six months or more than two years and five to ten times equal the regular rental due, in addition to the confiscation of such livestock and all improvements introduced in the area in favor of the government, shall be imposed upon any person who shall, without authority under a lease or permit, graze or cause to graze livestock in forest lands, grazing lands, alienable and disposable lands which have not as yet been disposed of in accordance with the Public Act. Provided that in case the offender is a corporation, partnership, or association, the officers and directors thereof shall be liable.
Section 71. Illegal Occupation of National Parks System and Recreation Area and Vandalism Therein.
Any person who shall, without permit, occupy for any length of time any portion of the national parks system or shall in any manner cut, destroy, damage, or remove timber of any species of vegetation of forest cover and other natural resources found therein, or shall mutilate, deface, or destroy objects of natural beauty or of scenic values within areas in the national parks system, shall be fined not less than two hundred pesos or more than five hundred pesos exclusive of the value of the thing damaged. Provided, that if the area requires rehabilitation or restoration as determined by the Director, the offender shall also be required to restore or compensate for the restoration of the damage. Provided further, that any kind of bird, fish, or wildlife damaged within any area in the national parks system the offender shall be subject to the same penalty. Provided finally, that the court shall order eviction of the offender from the land and the forfeiture of the damaged objects in favor of the government be made thereon by the offender. If the offender is an association or corporation, the president or manager shall be directly responsible and liable for the act of his employees or laborers.
In the event that an official of a city or municipal government is primary responsible for detecting and convicting the violator of the provision of this Section, fifty percent of the fine collected shall accrue to such municipality or city for the development of local parks.
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