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Prohibited Act/s Elements Penalty/ies

prosecution, if any
Section 68. Cutting, Any person who shall cut, gather, collect, or Shall be guilty of qualified theft as defined and 1. Scale Report from
gathering and/or collecting remove timber or other forest products from any punished under Articles 309 and 310 of the DENR indicating the
timber or other products forest land, or timber from alienable and Revised Penal Code; Provided, That in the case total estimated market
without license. disposable public lands, or from private lands, of partnership, association or corporation, the value of the logs and
without any authority under a license officers who ordered the cutting, gathering or their measurement;
agreement, lease, license or permit. collecting shall be liable, and if such officers are
aliens, they shall, in addition to the penalty, be2. Certification from the
deported without further proceedings on the DENR that no permit
part of the Commission on Immigration and was issued to the
Deportation. violators were issued to
engage on the
The Court shall further order the confiscation in mentioned activity/ies.
favor of the government of the timber or forest
products to cut, gathered, collected or removed,
and the machinery, equipment, implements and
tools 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 permittee who cuts 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 Any person who enters and occupies or Fine in an amount of not less than five hundred Certification from the
occupation or destruction of possesses, or makes kaingin for his own private pesos (P500.00) nor more than twenty thousand DENR that no permit was
forest lands. use or for others any forest land without pesos (P20,000.00) and imprisoned for not less issued to the violators were
authority under a license agreement, lease, than six (6) months nor more than two (2) years issued to engage on the
license or permit, or in any manner destroys for each such offense, and be liable to the mentioned activity/ies.
such forest land or part thereof, or causes any payment of ten (10) times the rental fees and
damage to the timber stand and other products other charges which would have been accrued
 and forest growths found therein, or who assists, had the occupation and use of the land been
aids or abets any other person to do so, or sets a authorized under a license agreement, lease,
fire, or negligently permits a fire to be set in any license or permit: Provided, That in the case of
forest land. an offender found guilty of making kaingin, the
penalty shall be imprisoned for not less than two
(2) nor more than (4) years and a fine equal to
eight (8) times the regular forest charges due on
the forest products destroyed, without prejudice
to the payment of the full cost of restoration of
the occupied area as determined by the Bureau.

The Court shall further order the eviction of the

offender from the land and the forfeiture to the
Government of all improvements made and all
vehicles, domestic animals and equipment of any
kind used in the commission of the offense. If
not suitable for use by the Bureau, said vehicles
shall be sold at public auction, the proceeds of
which shall accrue to the Development Fund of
the Bureau.

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.
Section 70. Pasturing Imprisonment for not less than six (6) months
Livestock. . nor more than two (2) years and a fine equal to
ten (10) times the regular rentals due, in
addition to the confiscation of such livestock and
all improvement 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 and alienable and
 disposable lands which have not as yet been
disposed of in accordance with the Public Land
Act; Provided, That in case the offender is a
corporation, partnership or association, the
officers and directors thereof shall be liable
Section 71. Illegal 1. Any person who shall, without permit, Violation of (1) and (2):
occupation of national parks occupy for any length of time any portion of Fine not less than two hundred (P200.00) pesos
system and recreation areas the national parks system or shall, in any or more than five hundred (P500.00) pesos
and vandalism therein. , shall manner, cut, destroy, damage or remove exclusive of the value of the thing damaged;
be Provided, Further, That timber or any species of vegetation or forest Provided, That if the area requires rehabilitation
shall be subject to the same cover and other natural resources found or restoration as determined by the Director, the
penalty; Provided, Finally, therein, or shall mutilate, deface or destroy offender shall also be required to restore or
That In the event that an objects of natural beauty or of scenic value compensate for the restoration of the damage;
official of a city or municipal within areas in the national parks system; and
government is primarily 2. Any person who, without proper permit shall
responsible for detecting and hunt, capture or kill any kind of bird, fish or The Court shall order eviction of the offender
convicting the violator of the wild animal life within any area in the from the land and the forfeiture in favor of the
provisions of this Section, fifty national parks system; Government of all timber or any species of
per centum (50%) of the fine vegetation and other natural resources collected
collected shall accrue to such or removed, and any construction or
municipality or city for the improvement made thereon by the offender. If
development of local parks. 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.
Section 72. Destruction of Any person violating the provisions of Section 55 Fine not less than one hundred (P100.00) pesos
wildlife resources. , shall be of this Code, or the regulations promulgated for each such violation and in addition shall be
thereunder. denied a permit for a period of three (3) years
from the date of the violation.
“Section 55. Wildlife. Wildlife may be
destroyed, killed, consumed, eaten or otherwise
disposed of, without the necessity of permit, for
the protection of life, health, safety and
property, and the convenience of the people.
 However, the Director may regulate the killing
and destruction of wildlife in forest lands in
order to maintain an ecological balance of flora
and fauna.”

Section 73. Survey by Any person who shall, without permit to survey Imprisonment for not less than two (2) nor more
unauthorized person. from the Director, enter any forest lands, than four (4) years, in addition to the
whether covered by a license agreement, lease, confiscation of the implements used in the
license, or permit, or not, and conduct or violation of this section including the
undertake a survey for whatever purpose. cancellation of the license, if any,
Section 74. Misclassification Any public officer or employee who knowingly After an appropriate administrative proceeding,
and survey by government surveys, classifies, or recommends the release of be dismissed from the service with prejudice to
official or employee. forest lands as alienable and disposable lands re-employment, and upon conviction by a court
contrary to the criteria and standards of competent jurisdiction, suffer an
established in this Code, or the rules and imprisonment of not less than one (1) year and a
regulations promulgated hereunder. fine of not less than one thousand, (P1,000.00)
pesos. The survey, classification or release of
forest lands shall be null and void.
Section 75. Tax declaration Any public officer or employee who shall issue a Imprisonment for a period of not less than two
on real property. tax declaration on real property without a (2) nor more than four (4) years and perpetual
certification from the Director of Forest Disqualification from holding an elective or
Development and the Director of Lands or their appointive office.
duly designated representatives that the area
declared for taxation is alienable and disposable
lands, unless the property is titled or has been
occupied and possessed by members of the
national cultural minorities prior to July 4, 1955.
Section 76. Coercion and Any person who coerces, influences, abets or Imprisonment of not less than one (1) year and
influence. persuades the public officer or employee pay a fine of five hundred (P500.00) pesos for
referred to in the two preceding sections to every hectare or a fraction thereof so improperly
commit any of the acts mentioned therein. surveyed, classified or released.
Section 77. Unlawful Any person who shall, without authority from Imprisonment for a period of not less than (2) Certification that no
possession of implements and the Director or his authorized representative, nor more than four (4) years and a fine of not authorization were issued
make, manufacture, or has in his possession any less than one thousand pesos (P1,000.00), nor by Director or his
devices used by forest officers. government marking, hatchet or other marking more than ten thousand (P10,000.00) pesos in authorized representative.
implement, or any marker, poster, or other addition to the confiscation of such implements
devices officially used by officers of the Bureau and devices, and the automatic cancellation of
for the marking or identification of timber or the license agreement, lease, license or permit, if
other products, or any duplicate, counterfeit, or the offender is a holder thereof, shall be imposed
imitation thereof, or make or apply a upon
government mark on timber or any other forest
products by means of any authentic or That if the offender is a corporation, partnership
counterfeit device, or alter, deface, or remove or association, the officers and directors thereof
government marks or signs, from trees, logs, shall be liable.
stumps, firewoods or other forest products, or
destroy, deface, remove or disfigure any such
mark, sign, poster or warning notices set by the
Bureau to designate the boundaries of cutting
areas, municipal or city forest or pasture,
classified timber land, forest reserve, and areas
under the national park system or to make any
false mark or imitation of any mark or sign
herein indicated.
Section 78. Payment, 1. Any person who fails to pay the amount due 1. Payment of a surcharge of twenty-five per
collection and remittance of and payable under the provisions of this centum (25%) of the amount due and
forest charges. Code, the National Internal Revenue Code, payable.
or the rules and regulations promulgated
thereunder; 2. A fine of not exceeding one hundred
thousand pesos (P100,000.00) and/or
2. Any person who fails or refuses to remit to imprisonment for a period of not exceeding
the proper authorities said forest charges six (6) years in the discretion of the Court. If
collectible pursuant to the provisions of this the offender is a government official or
Code or the National Internal Revenue Code, employee, he shall, in addition, be dismissed
or who delays, obstructs or prevents the from the service with prejudice to
same, or who orders, causes or effects the reinstatement and with disqualification from
transfer or diversion of the funds for holding any elective or appointive office.
purposes other than those specified in this
Code, for each such offense If the offender is a corporation, partnership or
association, the officers and directors thereof
 shall be liable.
Section 79. Sale of wood 1. No person shall sell or offer for sale any log, 1. Failure to adhere to the established grading Certification of non-
products. lumber, plywood or other manufactured rules and standards, or any act of falsification compliance of the licensees
wood products in the international or of the volume of logs, lumber, or other forest with grading rules by a
domestic market unless he complies with products shall be a sufficient cause for the duly accredited
grading rules and established or to be suspension of the export, sawmill, or other representative of the
established by the Government. license or permit authorizing the manufacture Bureau shall certify to the
or sale of such products for a period of not
2. Every dealer in lumber and other building less than two (2) years.
material covered by this Code shall issue an
invoice for each sale of such material and 2. Any violation of this Section shall be sufficient
such invoice shall state that the kind, ground for the suspension of the dealer's
standard and size of material sold to each license for a period of not less than two (2)
purchaser in exactly the same as described years and, in addition thereto, the dealer shall
in the invoice. be punished for each such offense by a fine of
not less than two hundred pesos (P200.00) or
the total value of the invoice, whichever is
greater.