Republic of the Philippines
House of Representative
Quezon City,  Metro Manila
Nineteenth Congress
Second Regular Session
HoUSE BILLNo.   10164
€;f¥ia#/F.B
VAR   1 8  2ong
Introduced by Representative Christian S. Unabia
EIXPLANATORY NOTH
This  bill  seeks  to provide  stiffer penalties  for violations  of Presidential
Decree No.  705  (PD), as amended, otherwise known as the  "Revz.sec7 Forcs/ry
Code Of the Philippines " .
In  2017,  the value  of property as  basis  for penalties to be  imposed  for
cases  of Theft and Qualified Theft under the Revised Penal  Code  (RPC) was
amended  by  Republic  Act  No.   10951  (RA),  entitled   "4#  j4c/ 4c7jas/z.#g  ffee
Amount or the Value Of Property and Damage on Which a Penalty is Based, and
the  Fines  Imposed Under the Revised Penal Code,  Amending f;or the  Purpose
Act No.  3815,  Otherwise Known as  "The Revised Penal Code",  as Amended".
The said law in effect also impliedly amended the penalty imposed by Section
77 of pD 705, as amended since the latter law is dependent on the provisions of
the  RPC  on  Theft  (Article  309)  and  Qualified  Theft  (Article  310)  for  the
imposition and computation of penalties.
The threshold  stated  in RA  10951  is now the determining factor in the
filing  of  cases  for  violation  of  PD  705.     However,  RA  10951   has  caused
confusion among the concerned government agencies  as to the jurisdiction of
the cases being filed for violation of pD 705.
Hence, this measure proposes to amend Section 77 of PD 705 wherein a
specific set of penalties independent to that imposed under Articles 309 and 310
of the Revised Penal Code will be provided to determine the jurisdiction of the
courts for its violation.  Also, it must be observed that the succeeding provisions
of PD 705, specifically Sections 78, 80, 81, 83, 85, 86, 87, and 88, impose fine
which are obsolete and which must be at par with the fines imposed under the
Revised Penal Code and other special laws.


In view of the foregoing, the immediate passage of this bill  is eamestly
sought.


Republic of the Philippines
House of Representatives
Quezon City,  Metro Manila
Nineteenth Congress
Second Regular Session
HousE BILLNo.10164
Introduced by Representative Christian S. Unabia
AN ACT
2     PROVIDING     STIFFER     PENALTIES     FOR     VIOLATIONS     0F
3     PRESIDHNTIAL   DECREE   NO.   705,   AS   AMENDED,   OTHERWISE
4     KI+OrwN iusT" "REVISED FORESTRY CODE'
5
6      Be it enacted by the Senate and House Of Representatives Of the Philippines in
Congress assembled:
SECTION  1.  Section 77 of Presidential Decree No. 705, as amended by
10      Executive orderNo. 277, Series of 1987 and Republic ActNo. 7161, is hereby
11      further amended to read as follows:
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"SECTION 77. Cutting, Gathering and/or collecting Timber, or
Other Forest Products Without License. - Any person who shall cut,
gather,  collect,  remove  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


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Cckl:
"(A)  IMPRISONMENT  0F  NOT  LESS  THAN  SIX  (6)
YEARS BUT NOT MORE THAN EIGHT (8) YEARS, IF THE
VALUE    OF    THE    TIMBER    0R    FOREST    PRODUCTS
ILLEGALLY  CUT,  GATHERED,  COLLECTED,  REMOVED
0R  POSSESSED  IS  MORE   THAN  ONE  MILLION  TWO
HUNDRED  THOUSAND  PESOS  (P1,200,000.00)  BUT  DOES
NOT      HXCEED      TWO      MILLION      TWO      HUNDRED
THOUSAND PESOS (P2,200,000.00); BUT IF THE VALUH OF
THE  TIMBER 0R FOREST PRODUCTS ILLEGALLY CUT,
GATHERED,   COLLECTED,   REMOVED   0R   POSSESSED
EXCEEDS THE LATTER AMOUNT, THH PENALTY SHALL
BH  EIGHT  (8)  YEARS,  AND  ONE  (1)  YEAR  FOR  EACH
ADDITIONAL  ONE  MILLION  PESOS  (P1,000,000.00),  BUT
THH TOTAL 0F THE PENALTY WHICH MAY BEI IMPOSED
SHALL NOT EXCEED TWENTY (20) YEARS.
"a)  IMPRISONMENT  0F  NOT  LESS  THAN  TWO  (2)
YEARS,  BUT  NOT  MORE  THAN  SIX  (6)  YHARS,  IF  THE
VALUE    OF    THE    TIMBER    0R    FOREST    PRODUCTS
ILLEGALLY  CUT,  GATHERED,  COLLECTED,  REMOVED
0R    POSSESSED     IS    MORE     THAN     SIX    HUNDRED


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THOUSAND PESOS (P600,000.00) BUT DOES NOT EXCEED
ONE    MILLION    TWO    HUNDRED    THOUSAND    PESOS
(P1'200,000.00).
"(C)  IMPRISONMHNT  0F  NOT  LESS  THAN  SIX  (6)
MONTHS BUT NOT MORH THAN TWO (2) YEARS, IF THE
VALUE    0F    THE    TIMBER    0R    FOREST    PRODUCTS
ILLEGALLY  CUT,  GATHERED,  COLLECTED,  REMOVED
0R  POSSESSED  IS  MORE  THAN  TWHNTY  THOUSAND
pEsOs    a.20,000.00)    BUT    DOEs    NOT    ExcEED    slx
HUNDRED THOUSAND PESOS (P600,000.00).
"a])  IMPRIsONMENT  OF  NOT  LEss  THAN  ONH  (1)
MONTH BUT NOT MORE THAN SIX (6) MONTHS, IF THE
VALUE    0F    THE    TIMBER    0R    FOREST    PRODUCTS
ILLEGALLY  CUT,  GATHERED,  COLLECTED,  REMOVED
OR POSSESSED IS MORE THAN FIVE THOUSAND PESOS
(P5,000.00) BUT DOES NOT EXCEED TWENTY THOUSAND
PESOS (P20,000.00).
"(E) IMPRISONMHNT 0F NOT MORE THAN THIRTY
(30)   DAYS   OR   A   FINE   OF   NOT   MORE   THAN   FIVE
THOUSAND  PESOS  (P5,000.00),  IF  THE  VALUE  OF  THE
TIMBHR   0R   FOREST    PRODUCTS    ILLHGALLY   CUT,
GATHERED,  COLLECTED,  RHMOVED 0R POSSESSED  IS


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NOT  MORE  THAN  FIVH  THOUSAND  PESOS  (P5,000.00),
AND THE OFFENDER SIIALL HAVE ACTED UNDHR THE
IMPULSE  OF HUNGER,  POVERTY,  OR THE  DIFFICULTY
OF  EARNING  A  LIVHLIH00D  FOR  THH  SUPPORT  OF
HIMSELF OR HIS FAMILY.
"Provz.dec7,    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.
"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."
SEC. 2. Section 78 of the same Decree, is hereby further amended to read
18       as follows:
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"SECTION 78.  Unlawful  Occupation or Destruction of Forest
Lands and Grazing Lands. - Any person who enters and occupies or
possesses, or makes kaingin for his own private use or for others, any
forest   land   or  grazing   land   without   authority   under   a   license


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agreement,  lease,  license or permit, or in any manner destroys such
forest land or grazing land or part thereof, or causes any damage to
the timber stand and other products and forest growth 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 or grazing
land, or refuses to vacate the area when ordered to do so, pursuant to
the provisions of Section 53 hereof shall, upon conviction, be fined
in  an  amount  of  not  less  than   [five  hundred  pesos   ¢500.00)I
TWENTY   THOUSAND   PESOS   (P20,000.00),  nor  more  than
[twenty      thousand     pesos      (P20,000.00)I      SIX      HUNDRED
THOUSAND  PESOS  ¢600,000.00)  and  imprisoned  for  not  less
than  six  (6)  months  nor  more  than  two  (2)  years  for  each  such
offense and be liable to the payment to ten (10) times the rental fees
and  other charges  which  would  have  accrued  has the  occupational
and use of the land been authorized under a license agreement, lease,
license or permit: Provz.dec7,  That in the  case  of an offender found
guilty of making kaingin, the penalty shall be imprisonment for not
less than two  (2) nor more than  four (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
production  of  the  occupied  area  as  determined  by  the  Bureau:
P7~ovz.c7ec7,  givrf¢er,   That  the  maximum   of  the  penalty  prescribed


herein  shall  be  imposed  upon  the  offender who  repeats  the  same
offense and who commits the same offense and double the maximum
of the penalty upon the offender who commits the same offense for
the third time.
„xxx."
„xxx."
SEC. 3.  Section 80 of the same Decree, is hereby further amended to read
8      asfollows:
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"SECTION  80.  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  packs  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 packs system,  shall be fined not less than [five hundred
(P500.00) pesog] TWEI`ITY THOUSAND PESOS (P20,000.00) or
more than  [twenty thourmd  (P20,000.00) pesos]  SIX  HUNDRED
THOUSAND  PESOS  ¢600,000.00) exclusive of the value of the
thing damaged. Prow.c7ec7,  That if the area requires rehal]ilitation or
restoration as determined by the Director, the offender shall also be
rrequired to restore or compensate for the restoration of the damage:


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P7'ovz.c7ec7, /#r/foer,  That any person who, without proper permit shall
hurt, capture or kill any kind of bird, fish or wild animal life within
the  area  in  the  national  parks  system  shall  be  subject to  the  same
penalty. Prow.dcc7, ¢#cJ/fy,  That the Court shall order eviction of the
offender from the land and the forfeiture in favor of the government
of all timber or any species or vegetation and other natural resources
collected  or removed,  and  any  construction  or  improvement made
thereon   by   the   offender.   If  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.
„xxx.„
SEC. 4.  Section 81 of the same Decree, is hereby further amended to read
13       asfollows:
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"SECTION   81.   Destruction   of  Wildlife   Resources.   -  Any
person  violating  the provisions  of Section  55  of this  Code,  or the
regulations promulgated thereunder, shall be fined not less than [ene
hundred (P100.00) pesus] FIVE THOUSAND PESOS 05,000.00)
for each such violation and in addition shall be denied a permit for a
period of three (3) years from the date of the violation."
SEC. 5.  Section 83 of the same Decree, is hereby further amended to read
21       as follows:


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"SECTION  83.  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  in  this  Code,  or  the  rules  and  regulations
promulgated  hereunder,  shall,  after  an  appropriate  administrative
proceeding,  be  dismissed  from  the  service  with  prejudice  to  re-
employment,   and   upon   conviction   by   a   court   of   competent
jurisdiction, suffer an imprisonment of not less than one (1) year and
a  fine  of  not  less  than   [one  thousand,  (P1,000.00)  pesos]   ONE
HUNDRED   THOUSAND   PESOS   a'100,000.00).   The   survey,
classification or release of forest lands shall be null and void."
SEC. 6.  Section 85 of the same Decree, is hereby further amended to read
14      as follows:
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"SECTION  85.  Coercion  and  Influence.  -  Any  person  who
coerees, influences, abets or persuades the public officer or employee
referred to in Sections 74 and 75 commit any of the acts mentioned
therein shall  suffer imprisonment of not less than one (1) year and
pay    a    fine    of    [five    hundred    (P500.00)    pesos]    TWENTY
THOUSAND  PESOS  (P20,000.00) for every hectare or a fraction
thereof so improperly surveyed, classified or released.


"In all other cases, any person who coerces, influences, abets or
persuades  the  public   officer  or  employee   by   using   power   and
influence in deciding any pending case or matter in his favor shall be
punished   by   a   fine   of  not   more   than   I
¢5,000.00)I       ONE       HUNDRED       THOUSAND       PESOS
a?100,000.00) and imprisonment of not less than one (1) year."
SEC. 7.  Section 86 of the same Deoree, is hereby further amended to read
8      as follows:
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"SECTION    86.    Unlawful   Possession   of   Implements   and
Devices Used by Forest Officers. -Imprisonment for a period of not
less than (2) nor more than four (4) years and a fine of not less than
[one thousand pesos (P1,000.00)I TWEI`ITY THOUSAND PESOS
(P20,000.00), nor more than [ten thousurid (Plo,000.00) pesos] ONE
HUNDRED THOUSAND PESOS ¢100,000.00) in addition to the
confiscation  of  such  implements  and  devices,  and  the  automatic
cancellation of the license agreement, lease, license or permit, if the
offender is a holder thereof, shall be imposed upon any person who
shall,   without   authority   from   the   Director   or   his   authorized
representative,  make,  manufacture,  or  has  in  his  possession  any
government  marking,  hatchet  or  other  marking  implement,  or  any
marker,  poster,  or  other  devices  officially  used  by  officers  of the
Bureau for the mace.ing or identification of timber or other products,


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or any duplicate, counterfeit, or imitation thereof, or make or apply a
government mark on timber or any other forest products by means of
any  authentic  or  counterfeit  device,  or  alter,  deface,  or  remove
government marks  or signs,  from trees,  logs,  stumps,  firewoods  or
other  forest products,  or  destroy,  deface,  remove  or  disfigure  any
such  mark,  sign,  poster  or  waming  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;  Prow.c7ec7,  That  if the  offender  is  a
corporation,  partnership  or  association,  the  officers  and  directors
thereof shall be liable.
SEC. 8.  Section 87 of the same Decree, is hereby further amended to read
14      as follows:
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"SECTION  87.  Payment,  Collection and Remittance of Forest
Charges. - Any person who fails to pay the amount due and payable
under  the  provisions  of this  Code,  the  National  Internal  Revenue
Code, or the rules and regulations promulgated thereunder,  shall be
liable to the payment of a surcharge of twenty-five per centum (25%)
of the amount due and payable.
"Any  person  who   fails   or  refuses  to  remit  to  the  proper
authorities said forest charges collectible pursuant to the provisions


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of this Code or the National Intemal Revenue Code, or who delays,
obstructs or prevents the same,  or who orders, causes or effects the
transfer  or  diversion  of the  funds  for  purposes  other  than  those
specified in this Code, for each such offense shall, upon conviction,
be punished by a fine of not exceeding [one hundred thousand pesos
Q'100,000.00)I  ONE  MILLION  PESOS  G'1,000,000.00)  and/or
imprisonment  for  a  period  of not  exceeding  six  (6)  years  in  the
discretion  of the  Court.  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.
"If the offender is a corporation, partnership or association, the
officers and directors thereof shall be liable."
SEC. 9.  Section 88 of the same Decree, is hereby further amended to read
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"SECTION 88.  Sale of Wood Products. - No person shall sell
or  offer  for  sale  any  log,  lumber,  plywood  or  other manufactured
wood  products  in  the  international  or  domestic  market  unless  he
complies with grading rules and established or to be established by
the Goverrment.
"xxx.
„xxx.


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"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  is  exactly  the  same  as  described  in  the
invoice. Any violation of this  Section shall be sufficient ground for
the suspension of the dealer's  license for a period of not less than
two (2) years and, in addition thereto, the dealer shall be punished for
each  such  offense  by  a  fine  of not  less  than  [two  hundred  pesos
(P200.00)I  TWENTY  THOUSAND  PESOS  (P20,000.00)  or  the
total value of the invoice, whichever is greater."
SEC.  10.    All  other  laws,  decrees  or rules  and  regulations  inconsistent
12     with this Act are hereby repealed or modified accordingly.
13                  SEC.   11.     This  Act  shall  take  effect  fifteen  (15)  days   after  its
14     publication in the ojffcz.cr/ Gczze//e or in a newspaper of general circulation.
15
Approved,