Summary of Criminal Actions and Penalties
Summary of Criminal Actions and Penalties
Criminal Offenses and Penalties.
Under Chapter IV of the Revised Forestry Code, there are a total of 12 Criminal Acts that are
penalized. These acts are:
1. Cutting, gathering and/or collecting timber or other products without license
2. Unlawful occupation or destruction of forest lands
3. Pasturing Livestock
4. Illegal occupation of national parks system and recreation areas and vandalism therein
5. Destruction of wildlife resources
6. Survey by unauthorized persons
7. Misclassification and survey by government official or employee
8. Issuance a tax declaration on real property without a certification from the Director of Forest
Development and the Director of Lands or their duly designated representatives
9. Coercion, influence, abetting or persuading a public officer or employee
10. Unlawful possession of implements and devices used by forest officers
11. Failing to pay the remittance of forest charges; and lastly
12. Sale of wood products in the International or Domestic Market
Cutting, gathering and/or collecting timber or other products without license.
Under this classification, any person who shall cut, gather, collect, or remove timber or other forest
products from any forest land, or timber from alienable and disposable public lands, or from private
lands, without any authority under a license agreement, lease, license or permit, shall be guilty of
qualified theft
Furthermore, it is also stated that in the case of partnership, association or corporation, the officers who
ordered the cutting, gathering or collecting 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.
Lastly under this provision, There will be a cancellation on the offender’s license agreement, lease,
license or permit and shall also bear the consequence of perpetual disqualification from acquiring any
such privilege upon any licensee, lessee, or permittee who cuts timber from the licensed or leased area
of another.
Unlawful occupation or destruction of forest lands
Under this classification, any person who enters and occupies or possesses, or makes kaingin which is
employing a technique of clearing land by slashing and burning underbrush and trees and plowing the
ashes under for fertilizer for his own private use or for others any forest 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 to do so, or sets a fire, or negligently permits a fire to be set in
any forest land shall be liable for a fine ranging from 500php to 20,000php with a period of
imprisonment ranging from 6 months to 2 years.
In the case of making a kaingin system, the law however, provides for a higher fine and imprisonment
period, such that the fine shall be equal to eight (8) times the regular forest charges due on the forest
products destroyed and the period of imprisonment shall be ranging from 2 to 4 years.
Lastly, In case the offender is a government official or employee, he shall, in addition to the above
penalties, be deemed automatically dismissed from office and permanently disqualified from holding
any elective or appointive position.
Pasturing Livestock
Under this provision any person, who shall, without authority under a lease or permit, graze or cause to
graze livestock in forest lands, grazing lands and alienable and disposable lands which have not as yet
been disposed of in accordance with the Public Land Act shall have be imprisoned for a period ranging
from 6 months to 2 years and shall be fined equal to ten (10) times the regular rentals due on the usage
of such lands.
Illegal occupation of national parks system and recreation areas 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 or any species of vegetation or
forest cover and other natural resources found therein, or shall mutilate, deface or destroy objects of
natural beauty or of scenic value within areas in the national parks system shall be fined from a range of
200php up to 500php exclusive of the value of the thing damaged.
Furthermore, if the area requires rehabilitation or restoration, such offender shall also be required to
restore or compensate for the restoration of the damage.
To add, any person who, without proper permit shall hunt, capture or kill any kind of bird, fish or wild
animal life within any area in the national parks system shall be subject to the same penalty.
Lastly the offender shall be evicted from the land and forfeits all timber, species of vegetation, and other
natural resources collected.
Destruction of wildlife resources
The offender shall be fined 100php for each violation and shall be denied a permit for a period of 3
years.
Survey by unauthorized person
The offender shall be imprisoned for a range of 2 years up to 4 years and shall include the consequence
of the cancelling his license.
Misclassification and survey by government official or employee
Any public officer or employee who knowingly surveys, classifies, or recommends the release of forest
lands as alienable and disposable lands contrary to the criteria and standards established shall, after an
appropriate administrative proceeding, be dismissed from the service with prejudice to re-employment.
To add, the offender shall also suffer an imprisonment period of 1 year and a fine not less than 1000php.
Issuance a tax declaration on real property without a certification from the Director of Forest
Development and the Director of Lands or their duly designated representatives
Under this provision, the offender shall be imprisoned for a period ranging from 2 to 4 years and shall
include the consequence of perpetual disqualification from holding an elective or appointive office.
Coercion, influence, abetting or persuading a public officer or employee
The offender shall suffer a period of imprisonment of 1 year and shall pay a fine of 500php for every
hectare or a fraction thereof improperly surveyed classified or released.
Unlawful possession of implements and devices used by forest officers
Under this provision, the offender shall be imprisoned for a period ranging from 2 to 4 years and a fine
ranging from 1000php up to 10,000php. Furthermore, the offender’s license agreement, lease, license
or permit shall also be automatically cancelled.
Failing to pay the remittance of forest charges
The offender shall be liable to the payment of a surcharge of 25% of the amount due and payable. Any
person who fails or refuses to remit to the proper authorities the said forest charges or who delays,
obstructs or prevents the same, shall be punished by a fine not exceeding 100,000php and an
imprisonment period not exceeding 6 years. To add, if the offender is a government official or employee,
he shall, in addition, be dismissed from the service with prejudice to reinstatement and with
disqualification from holding any elective or appointive office.
Sale of wood products
Failure to adhere to the established grading rules and standards, or any act of falsification of the volume
of logs, lumber, or other forest products shall be a sufficient cause for the suspension of the export,
sawmill, or other license or permit authorizing the manufacture or sale of such products for a period of
not less than 2 years.
Under this provision, it is also required that every dealer in lumber and other building material covered
by this Code shall issue an invoice for each sale of such material and such invoice shall state that the
kind, standard and size of material sold to each purchaser in exactly the same as described in the
invoice. In case it is not followed, it shall be sufficient ground for the suspension of the dealer's license
for a period of 2 years and shall pay the fine of not less than 200php or the total value of the invoice.
What is the Procedure of Arrest or Instituting Criminal Actions?
It is provided under Section 80 that a forest officer or employee of the Bureau shall arrest even without
warrant any person who has committed or is committing in his presence any of the offenses defined in
the Code.
He shall also seize and confiscate, in favor of the Government, the tools and equipment used in
committing the offense, and the forest products cut, gathered or taken by the offender in the process of
committing the offense.
The arresting forest officer or employee shall thereafter deliver within six (6) hours from the time of
arrest and seizure, the offender and the confiscated forest products, tools and equipment to, and file
the proper complaint with, the appropriate official designated by law to conduct preliminary
investigations and file informations in court.
If the arrest and seizure are made in the forests, far from the authorities designated by law to conduct
preliminary investigations, the delivery to, and filing of the complaint with, the latter shall be done
within a reasonable time sufficient for ordinary travel from the place of arrest to the place of delivery.
The seized products, materials and equipment shall be immediately disposed of in accordance with
forestry administrative orders
