Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTEENTH CONGRESS:
First Regular Session

614

H. B. No.

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

It is the policy of the State to protect and conserve its valuable water resources. Thus,
the government has the fundamental duty of ensuring adequate and sate water supply for
domestic, agricultural, industrial, and other needs of the country.

Because of the threatened depletion of our resources caused by a burgeoning
population, greater exploitative activity and higher industrialization, government must renew and
improve its efforts to prevent this cycle. A growing general awareness among the people has
likewise prompted vigilant environmental groups and concerned individuals to seek stronger
and more effective intervention by the government for improved management as well as
rationalized use of these resources.

Republic Act 7586, or the "National Integrated Protected Areas System (NIPAS) Act of
1992 recognized the immense importance of watersheds and other areas classified as
protected areas in the maintenance of a healthy environment. The law underscored the urgent
need to protect and conserve these areas by placing them under the administration and
management of the NIPAS. However, the definition and provision of penalties for specific
destructive activities within these areas must be addressed by further legislation.

This proposed bill focuses on one such major destructive activity by defining the offense
of illegal logging within protected areas and providing penalties for its commission. The early
enactment of this bill is sought to ensure proper protection, conservation and development of
our valuable water resources for the benefit of our people and of future generations.



FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

614

H.B.No.__

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
DEFINING THE OFFENSE OF ILLEGAL LOGGING IN WATERSHEDS AND
OTHER PROTECTED AREAS AND PROVIDING PENALTIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Declaration of Policy. It is hereby declared the policy of the State to
protect, conserve and develop water resources for human consumption, irrigation, hydro-electric
power generation, inland fisheries, biodiversity and for other beneficial purposes, and to these
ends, the cutting and felling of trees within watershed and other protected areas as prohibited.

SEC 2. Illegal Logging in Watersheds and Other Protected Areas. It is hereby
declared unlawful for any person to cut or fell trees for any purpose whatsoever within
watersheds and other protected areas.

SEC 3. Penalties. Violation of Section 2 hereof shall be punished with reclusion
perpetua. No mitigating circumstances whatsoever shall be appreciated in favor of the offender.

In addition to the prison term, the offender shall indemnify the Republic of the Philippines
in an amount ten (10) times the value of the illegally cut trees.

If the offender is a corporation, partnership or other juridical person, the Chief Executive
Officer thereof, whether the Chairman, President or General Manager, shall be criminally liable
in the commission of the offense penalized under this Act.

If the crime herein-mentioned is committed by a public officer, he shall, in addition to the
foregoing penalties, be perpetually disqualified from holding public office.

SEC 4. Suspension of Licenses. Upon the filing of the necessary information in
court, the government prosecutor shall, if the offender is a corporation, partnership or other
juridical person to whom a license agreement, lease permit to utilize forest resources within any
forest land has been granted, forward a copy of the information to the Department of
Environment and Natural Resources (DENR). Upon receipt thereof, the DENR shall immediately


cause the suspension of the license agreement, lease or permit, as the case may be, of the

offender until termination of the criminal case.

In case of the offender is acquitted, the suspension shall be ordered lifted. Otherwise,
the license, lease or permit shall be ordered cancelled.

SEC 5. The Indeterminate Sentence Law shall not be applicable to the offense
punished in this Act.

SEC 6. Forfeiture of the Instrument of the Crime. Any tool, equipment or vehicle
used in the cutting and transport of the illegally cut trees shall be automatically forfeited in favor
of the government.

SEC 7. Separability Clause. |f for any reason, any portion or provision of this Act is
declared unconstitutional or invalid, such part not affected thereby shall remain in full force and
effect,

SEC 8. Repealing Clause. All laws, presidential decrees, executive orders, issuances,
rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC 9. Effectivity. This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation.

Approved,