THIRTEENTH CO GRESS OF THE 
OF THE PHILIPPINES 
First Regular Session 
S. No. 
Introduced by Senator S. R. Osmeiia 111 
EXPLANATORY NOTE 
This measure seeks to protect, conserve and develop water resources by 
defining the offense of illegal logging in watersheds and other protected areas, 
and prescribing the appropriate penalties therefor. 
The importance of watersheds and other areas classified as protected 
areas in the maintenance of a healthy environment is well recognized in Republic 
Act. No. 7586 otherwise known as the National lntegrafed Protected Areas 
Systems Act of 1992. This law is flawed however, in the weakness of penal 
provisions needed for the enforcement and implementation of its provisions. 
. 
The rampant conversion of forest lands situated on watersheds into 
commercial lands which are eventually cleared to make way for industrial estates 
or golf courses constitute an extremely high cost to social welfare and have to be 
stemmed with the appropriate penal sanctions provided for in this bill. 
In view of the foregoing, early passage of this bill is earnestly requested. 
/L 
SERGIO OSMENA 111 
Senator 


OF THE PHILIPPINES 
First Regular Session 
I- 
--, 
A T  
s. No. 
Introduced by Senator Osmefia 111 
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: 
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SECTION 1. Declaration of Policy. - It is hereby declared the policy of 
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the State to protect, conserve and develop water resources for human 
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consumption, irrigation, hydro-electric power generation, inland fisheries, bio- 
4 diversity and for other beneficial purposes, and to these ends, the cutting and 
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felling of trees within watersheds and other protected areas are .prohibited. " . 
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SEC. 2. Illegal Logging in Watershed and Other Protected Areas. - It is 
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hereby declared unlawful for any person to cut or fell trees for any purpose 
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SEC. 3. Penalties. - Violation of Section 2 hereof shall be punished with 
whatsoever within watersheds and other protected areas. 
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reclusion perpetua. No mitigating circumstance whatsoever shall be appreciated 
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in favor of the offender. 
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In addition to the prison term, the offender shall indemnify the Republic of 
the Philippines in an amount ten (IO) times the value of the illegally cut trees. 
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If the offender is a corporation, partnership or other juridical person, the 
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Chief Executive Officer thereof, whether Chairman, President or General 
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Manager, shall be criminally liable in the commission of the offense penalized 
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under this Act. 


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If the crime herein meritioned 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, partnerships or other juridical person to whom a license agreement, 
lease or 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, 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 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. 
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SEC. 
6. Forfeiture of the lnstruments of the Crime. - Any tool, 
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equipment or vehicle used in the cutting and transport of the illegally cut trees 
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shall be automatically forfeited in favor of the government. 
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SEC. 7. Separability Clause. - If for any reason, any portion or provision 
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of this Act is declared unconstitutional or invalid, such parts not affected thereby 
.. . 
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shall remain in full force and effect. 
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SEC. 8. Repealing Clause. - Ail laws, presidential decrees, executive 
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orders, issuances, rules and regulations or parts thereof inconsistent with the 
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SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days after its 
provisions of this Act are hereby repealed or modified accordingly. 
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publication in the .Official Gazette or in at least two (2) newspapers of general 
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circulation whichever comes earlier. 
Approved,