Section 68 of pd 705 as amended

Pursuant to Executive Order No. The incorporated and numbered Sections 68 to 76 of Presidential Decree No. Section 70 of Presidential Decree No. Section 72 of Presidential Decree No. Section 68 of Presidential Decree No. This Act shall take effect fifteen 15 days after its publication in a newspaper of general circulation. Law Library. On-Line Bar Review. Intellectual Property. Chan Robles Virtual Law Library. Section 71 of Presidential Decree No.

However, if jointly authorized by the Secretary of both the Departments of Environment and Natural Resources, and Agriculture, first and second group woods may be removed for firewood purposes from land which is more valuable for agricultural than for forest purposes. Section 73 of Presidential Decree No. There shall be added a new section after Section 72 of Presidential Decree No.

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The new rates shall be published in the Official Gazette or in two 2 newspapers of national circulation and shall also be posted in conspicuous places in the different Department of Environment and Natural Resources field offices. Forest charges collected shall be in lieu of the administrative charge on environment and other fees and charges imposed thereon: Provided, That planted trees and other forest products harvested from industrial tree plantations and private lands covered by existing tiller or by approved land application are exempted from payment of forest charges.

Presidential Decree No. 705, s. 1975

Section 77 of Presidential Decree No. Philippines Worldwide The Business Page.WHEREAS, proper classification, management and utilization of the lands of the public domain to maximize their productivity to meet the demands of our increasing population is urgently needed.

WHEREAS, to achieve the above purpose, it is necessary to reassess the multiple uses of forest lands and resources before allowing any utilization thereof to optimize the benefits that can be derived therefrom. WHEREAS, it is also imperative to place emphasis not only on the utilization thereof but more so on the protection, rehabilitation and development of forest lands, in order to ensure the continuity of their productive condition.

WHEREAS, the present laws and regulations governing forest lands are not responsive enough to support re-oriented government programs, projects and efforts on the proper classification and delimitation of the lands of the public domain, and the management, utilization, protection, rehabilitation, and development of forest lands.

Section 1. Title of this Code. This decree shall be known as the "Revised Forestry Code of the Philippines. Section 2. The State hereby adopts the following policies:. It is closed from logging until it is fully rehabilitated. This is generally applied to the commercial timber resources and is also applicable to the water, grass, wildlife, and other renewable resources of the forest.

section 68 of pd 705 as amended

Section 4. Creation of, and merger of all forestry agencies into, the Bureau of Forest Development. For the purpose of implementing the provisions of this Code, the Bureau of Forestry, the Reforestation Administration, the Southern Cebu Reforestation Development Project, and the Parks and Wildlife Office, including applicable appropriations, records, equipment, property and such personnel as may be necessary, are hereby merged into a single agency to be known as the Bureau of Forest Development, hereinafter referred to as the Bureau.

Section 5. Jurisdiction of Bureau. The Bureau shall have jurisdiction and authority over all forest land, grazing lands, and all forest reservations including watershed reservations presently administered by other government agencies or instrumentalities.

section 68 of pd 705 as amended

It shall be responsible for the protection, development, management, regeneration, and reforestation of forest lands; the regulation and supervision of the operation of licensees, lessees and permittees for the taking or use of forest products therefrom or the occupancy or use thereof; the implementation of multiple use and sustained yield management in forest lands; the protection, development and preservation of national parks, marine parks, game refuges and wildlife; the implementation of measures and programs to prevent kaingin and managed occupancy of forest and grazing lands; in collaboration with other bureaus, the effective, efficient and economic classification of lands of the public domain; and the enforcement of forestry, reforestation, parks, game and wildlife laws, rules, and regulations.

The Bureau shall regulate the establishment and operation of sawmills, veneer and plywood mills and other wood processing plants and conduct studies of domestic and world markets of forest products.

Section 6.

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Director and Assistant Director and their qualifications. The Bureau shall be headed by a Director, who shall be assisted by one or more Assistant Directors. The Director and Assistant Directors shall be appointed by the President.

No person shall be appointed Director or Assistant Director of the Bureau unless he is a natural born citizen of the Philippines, at least 30 years of age, a holder of at least a Bachelor's Degree in Forestry or its equivalent, and a registered forester.

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Section 7. Supervision and Control. The Bureau shall be directly under the control and supervision of the Secretary of the Department of Natural Resources, hereinafter referred to as the Department Head.RAas amended by PDis a law that prohibits and punishes the cutting, destroying or injuring of planted or growing trees, flowering plants and shrubs or plants of scenic values along public roads, in plazas, parks, school premises or in any other public ground.

On the other hand, Section 68 of PDas amended, prohibits and punishes anyone who shall cut, gather, collect or remove timber or other forest products without authority, from any forest land, from any alienable or disposal public lands, or from private land. Incidentally, the Mindanao State University is a government corporation allowed by law to purchase and own land to be used for public services as an institution of higher learning.

Thus the cutting of trees within MSU Naawan premises is also covered or governed by Section 68 of said decree. Order No.

There are two distinct and separate offenses punished under Section 68, of PDas amended, to wit: 1 Cutting, gathering, collecting and removing timber or forest products from any forest land, or timber from alienable or disposable public land, or from private land without any authorization; and 2 Possession of timber or other forest products without legal documents required under existing forest laws and regulations.

All tools and equipment used in committing the offense shall be confiscated and seized and forfeited in favor of the government. The offenses committed under RA and PDas amended, are malum prohibitum offenses, that is, crimes committed in violation of statutory or regulatory laws. Hence, criminal intent is not an essential element in the offense. In other words, those who cut the trees or keep and possess the timbers without authority or legal documents committed a criminal act punishable under the existing laws regardless of the motive or purpose it was pursued.

So such argument that the trees were cut in order to give way to the construction of a school building, or to fabricate chairs and tables for the school will not justify the act or mitigate the effect of the crime. The violation of RA is punishable by prison correctional in its minimum period to prison mayor in its minimum period. The violation of Section 68, PDas amended, is punishable as qualified thief under article in relation to Article of the Revised Penal Code and whose penalty may range from a few months to as long as 20 years of imprisonment depending on the total worth or value of the stolen goods.

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For instance, in a case involving board feet of lumber and logs worth P20, People of the Philippine, GR No. MSU Naawan has, accordingly, applied for said permits, but whether the applications were approved or granted by DENR is another matter. The application for special permit to cut trees, particularly protected hardwoods, inside public school grounds and in private land, is usually acted upon by DENR authorities only upon compliance of certain requisites, or upon submission among others of the following: 1.

Vicinity map and sketch of the area where the trees to be cut are located 2. Inventory of the trees to be cut which covers a. Number and species b. Diameter and height of each tree and estimated volume of timber to be generated c.

End Deforestation Enact PD 705

Utilization plan of the cut timbers 3. Building permit 5. Community consultation on the cutting of trees 6. Confirmatory assessment by DENR environmental officers of the site and the trees to be cut.WHEREAS, proper classification, management and utilization of the lands of the public domain to maximize their productivity to meet the demands of our increasing population is urgently needed.

WHEREAS, to achieve the above purpose, it is necessary to reassess the multiple uses of forest lands and resources before allowing any utilization thereof to optimize the benefits that can be derived therefrom. WHEREAS, it is also imperative to place emphasis not only on the utilization thereof but more so on the protection, rehabilitation and development of forest lands, in order to ensure the continuity of their productive condition. WHEREAS, the present laws and regulations governing forest lands are not responsive enough to support re-oriented government programs, projects and efforts on the proper classification and delimitation of the lands of the public domain, and the management, utilization, protection, rehabilitation, and development of forest lands.

Title of this Code. This is generally applied to the commercial timber resources and is also applicable to the water, grass, wildlife, and other renewable resources of the forest. Jurisdiction of Bureau. It shall be responsible for the protection, development, management, regeneration, and reforestation of forest lands; the regulation and supervision of the operation of licensees, lessees and permittees for the taking or use of forest products therefrom or the occupancy or use thereof; the implementation of multiple use and sustained yield management in forest lands; the protection, development and preservation of national parks, marine parks, game refuges and wildlife; the implementation of measures and programs to prevent kaingin and managed occupancy of forest and grazing lands; in collaboration with other bureaus, the effective, efficient and economic classification of lands of the public domain; and the enforcement of forestry, reforestation, parks, game and wildlife laws, rules, and regulations.

The Bureau shall regulate the establishment and operation of sawmills, veneer and plywood mills and other wood processing plants and conduct studies of domestic and world markets of forest products. Director and Assistant Director and their Qualifications.

The Director and Assistant Directors shall be appointed by the President. Supervision and Control. The Decision of the Department Head may not be reviewed by the courts except through a special civil action for certiorari or prohibition. Rules and Regulations. Present occupants may be appointed in accordance with a staffing pattern or plan of organization to be prepared by the Director and approved by the Department Head.

Any appointee who fails to report for duty in accordance with the approved plan within thirty 30 days upon receipt of notification shall be deemed to have declined the appointment, in which case the position may be filed by any other qualified applicant.

For the efficient and effective implementation of the program of the Bureau, the following divisions and sections are hereby created, to wit:. The Department Head may, upon recommendation of the Director, reorganize or create such other divisions, sections of units as may be deemed necessary and to appoint the personnel thereto: Provided, That an employee appointed or designated as officer-in-charge of a newly created division, section or unit, or to an existing vacant position with a higher salary, shall receive, from the date of such appointment or designation until he is replaced or reverted to his original position, the salary corresponding to the position temporarily held by him.

There shall be created at least eleven regional offices. In each region, there shall be as many forest districts as may be necessary, in accordance with the extent of forest area, established work loads, need for forest protection, fire prevention and other factors, the provisions of any law to the contrary notwithstanding: Provided, That the boundaries of such districts shall follow, whenever possible, natural boundaries of watersheds under the river-basin concept of management.

Manpower and Policy Development. The Bureau shall also set aside adequate funds to enable personnel to obtain specialized education and training in local or foreign colleges or institutions. To help defray the cost of operating said Center, it is authorized to receive assistance from the wood industry and other sources.

section 68 of pd 705 as amended

Performance Evaluation. The system shall measure accomplishment in quantity and quality of performance as related to the funded program of work assigned to each organizational unit. There shall be included a system of periodic inspection of district offices by the regional offices and the regional and district offices by the Central Office in both functional fields and in the overall assessment of how each administrative unit has implemented the laws, regulations, policies, programs, and practices relevant to such unit.

The evaluation system shall provide the information necessary for annual progress reports and determination of employee training, civil service awards and transfer or disciplinary action.Section 1. Pursuant to Executive Order No. Section 2. The incorporated and renumbered Sections 68 to 76 of Presidential Decree No. Section 3. Section 70 of Presidential Decree No.

TURNING POINT: The Legal Implications of Tree Cutting at MSU Naawan

Charges on Timber Cut in Forestland. Section 4. Section 71 of Presidential Decree of No. However, if jointly authorized by the Secretaries of both the Departments of Environment and Natural Resources, and Agriculture, first and second group woods may be removed for firewood purposes from land which is more valuable for agricultural than for forest purposes. Section 5. Section 73 of Presidential Decree No. Charges on Minor Forest Products. Section 6. There shall be added a new section after Section 72 of Presidential Decree No.

The new rates shall be published in the Official Gazette or in two 2 newspapers of national circulation and shall also be posted in conspicuous places in the different Department of Environment and Natural Resources field offices. Forest charges collected shall be in lieu of the administrative charge on environment and other fees and charges imposed thereon: ProvidedThat planted trees and other forest products harvested from industrial tree plantations and private lands covered by existing tiller or by approved land application are exempted from payment of forest charges.

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Section 7. Section 77 of Presidential Decree No. Accordingly, the succeeding Sections 69 to 80 of Presidential Decree No. Section 8. This Act shall take effect fifteen 15 days after its publication in a newspaper of general circulation. Approved: October 10, Republic Act No.Is selling a tree while still uncut covered by ra ? Hi thank you for posting this article. May i use some notable points from this to enable me to present my presentation about forestry code? Thank you so much!!

What the hell is the Forestry Code all about? Being a city-slicker, I've never been familiar with environmental laws nor with anything that has got something to do with our kalikasan.

That's why when somebody came in the office asking for help about PDI was dumbfounded. And because I worked in a province, I thought this law will always be in my way. I studied it and did a little research on it. But my focus is on these two sections, to wit, section 78 and 68 thereof.

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.

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What's peculiar about this law is that the penalty provided for the above mentioned affense is the penalty provided by the RPC in the crimes of Theft and Qualified Theft. The cutting, gatheringcollecting and removing of timber or other forest products from any forest land, or timber from alienable or disposable public land, from private land without any authority; and.

Basically, the 1st offense would cover the cutting, gathering. The cutting, gathering, collecting or removing of said forest products includes Mangroves and its species.

Whatever its species are, I have no way of knowing. But I guess one would need a botanist to determine if a tree is a relative of the mangrove tree or not. So if you live near the sea and there are trees there, beware what you cut. Baka bawal po putulin ang punong yan. For references, you might want to check R. This section also punishes the transportation, movement or conveyance of forest products without legal documents.

Mere possession gives the presumption that you own the forest products, therefore if you were caught transporting lumbers, which by the way is also classified as forest products, without any papers or documents you're in big trouble. Deliver within 6 hours from time of arrest and seizure the offender and confiscated products. File the proper complaint with the appropriate official designated by law to conduct preliminary investigation and file information in court.

We have limited cases or jurisprudence on PDbut the following cases might help:. Merida vs. Daraman, GR Feb. Peole, GR July 27, Taopa vs. People, GR Nov. I am a nature lover. In fact, I would have considered being an environmental lawyer. But given the small amount of knowledge I know about environmental laws, I'm bound to fail. Here's the catch, I'm willing to learn.WHEREAS, there is an urgency to conserve the remaining forest resources of the country for the benefit and welfare of the present and future generations of Filipinos.

WHEREAS, our forest resources may be effectively conserved and protected through the vigilant enforcement and implementation of our forestry laws, rules and regulations. WHEREAS, the implementation of our forest laws suffers from technical difficulties, due to certain inadequacies in the penal provisions of the Revised Forestry Code of the Philippines; and. WHEREAS, to overcome these difficulties, there is a need to penalize certain acts to make our forestry laws more responsive to present situations and realities.

Section 68 of Presidential Decree P. Any person who shall cut, gather, collect, removed 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 products without the legal documents as required under existing forest laws and regulations, shall be punished with the penalties imposed under Articles and of the Revised Penal Code: Provided, That in the case of partnerships, 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 further proceedings on the part of the Commission on Immigration and Deportation.

Presidential Decree No. In all cases of violations of this Code or other forest laws, rules and regulations, the Department Head or his duly authorized representative, may order the confiscation of any forest products illegally cut, gathered, removed or possessed or 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, regulations or policies on the matter.

Rewards to Informants. All laws, orders, issuances, rules and regulations or parts thereof inconsistent with this Executive Order are hereby repealed or modified accordingly.

This Executive Order shall take effect after fifteen days following its publication either in the Official Gazette or in a newspaper of general circulation in the Philippines.


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