THIRTEENTH CONGRESS OF THE 
1 
First Regular Session 
1 
REPUBLIC OF THE PHILIPPINES } 
‘04 OEC -6 P4:23 
-. 
Introduced by Senators Madrigal and Lim 
EXPLANATORY NOTE 
The Philippines’ deforestation problem haunts the national conscience: out of 
almost 16 million hectares of frontier forest lands, less than 4.5 million hectares are 
adequately covered, 9.5 million hectares remain denuded, and rate of deforestation 
continues to hover around 100,000 hectares each year. It is therefore to no surprise that 
the Philippines ranks as one of the 11 poorest amongst the 89 countries in the tropics in 
terms of forest conservation. 
Though massive nationwide reforestation campaigns, amounting to billions of 
pesos or the equivalent, has been undertaken by members and/or organizations from both 
private and public sectors for quite some time, such well meaning efforts have been 
stymied due to various reasons amongst which are, but not limited to, the low survival 
rate of the seedlings planted itself. 
Based on assessments conducted by various experts, the most commonly 
identified cause of our forests’ sorry condition is the logging concessionaires that have 
continuously been allowed to operate in various areas of our country. To make things 
worse, the logging concessionaire’s operations more often than not, end up gravely 
devastating the areas they operated in and causes the dislocation of the Indigenous 
Cultural Communities residing therein. 
In reports published by international organizations such as Forest Trends 
International and Global Forest Watch, it would even appear that the aforementioned data 
pertaining to ow remaining frontier forest lands are over-optimistic estimates. In the 
satellite photos submitted with the said reports, no frontier forests could be identified. 
It must not be forgotten that Article I1 Section 16 of the 1987 Constitution 
provides that each and every Filipino, with no distinction as to age, sex, race or creed, all 
do possess the right to a “balanced and healthful ecology.” Recalling Supreme Court 
Chief Justice Davide’s words in a case he penned, this right “belongs to a different 
category of rights.. .that predate all governments and Constitution.” Apropos thereto, it 
“xxx. .carries with it the correlative duty to refrain from impairing the environment.” 
In light of the tragedies that occurred during the fateful days of 22 November 
2004, 27 November 2004, and 3 December 2004 where a total of 1000 innocent lives 
were either needlessly taken or displaced, beyond contestation is the fact that the time of 
reckoQing he have always feared to arrive is now at hand. 
Given the urgency of establishing counter-measures to deforestation, denudation 
and environment destruction which leads to death and destruction, we earnestly seek the 
immediate approval of this bill. 


A 


~ , , %  
SERAfT. 
OFFICE OF SHE SECRETARY 
THIRTEENTH CONGRESS OF THE } 
First Regular Session 
1 
‘04 OEC -6 P4 :23 
REPUBLIC OF THE PHILIPPINES } 
E 
S E N A T E  
IWElVEO BY: 
Senate Bill No. 
1870 
.. 
. . . ~  
Introduced by Senators Madrigal and Lim 
AN ACT 
TO ESTABLISH A BAN ON ALL LOGGING OPERATIONS IN THE 
COUNTRY TO ENSURE THE PROTECTION, PRESERVATION AND 
REHABILITATION OF THE PHILIPPINE’S ENVIRONMENT, PROVIDING 
FOR CITIZEN’S RIGHTS AND THE APPROPRIATE PENALTIES FOR 
VIOLATIONS OF THIS ACT 
Be it enacted b~ the Senate and House of Representatives ofthe PhiLipepines in Congress assembled. 
SECTION 1. Title - The Act shall be known as the “National Log Ban of 2004.” 
SEC. 2. Declarazh ojPohy. - It is a declared policy of the State to protect and 
advance the right of the people to a balanced and healthful ecology through the protection, 
preservation, and rehabilitation of our country’s forests. The State also recognizes that more 
severe penalties must be imposed on violators so as to achieve the goals of this Act. Further, 
the State likewise recognizes that the private sector plays an indispensable role to ensure the 
protection and rehabilitation of our nation’s forests 
SEC. 3. Coverage. - This Act shall cover all trees within the territorial jurisdiction of 
the Republic of the Philippines, whether the said lands be public or private. 
SEC. 4. PmhibitedActs. It shall be unlawful for any person to cut, fell or destroy any 
tree standing on any forest, timber land, forest reserve or watershed within the next thirty 
(30) years from the approval of this Act. This prohibition shall not apply to trees grown in 
legitimate commercial tree farms. 


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Section 5. l'endties. 
Any person who violates this Act shall be punished by rechfion 
perpetuu. 
Any juridical entity that violates this Act shall forfeit its license or permit to do business 
in the Philippines. In addition, it shall be made to pay a fine of not less than One Million 
(Pl,OOO,OOO.OO) 
Pesos but not more that Five Million (I' 
5,000,000.00) 
Pesos of the 
discretion of the court. 
The Members of the Board of Directors, Chairman and/or, the 
Chief Executive Officer or any other officer of the company responsible for the violation of 
this law shall be imprisoned for a period of not less than twelve (12) years but not more than 
twenty (20) years also at the discretion of the court. Aliens who violate this law shall be 
summarily deported after their sentences shall have been served. 
Any public officer who fails to enforce the provisions of ths Act, or tolerates, participates 
in through whatever degree in the consummation of acts prohibited in shall suffer the 
corresponding penalty of reclzrsionpetpetua and perpetual disqualification from office. 
The corresponding penalty of deutb shall be imposed if by reason of the cutting, felling, 
or destroying of any tree standing on forest, timber land, forest reserve or watershed, death 
results. The penalty of death shall also be imposed if the offense is committed by a'syndicate. 
The offense is considered committed by a syndicate if it is planned or carried out by a group 
of three (3) or more persons. 
Section 6. Citiyz's Action Suit. For purposes of enforcing the provisions of this Act or 
its Implementing Rules and Regulations, any citizen may file an appropriate action in the 
proper court against: 
a.1 
Any person who violates or fails to comply with the provisions of this Act 
or the Implementing Rules and Regulations; 
The Department or other Implementing agencies with respect to ordets, 
b.) 
rules and regulations issued inconsistent with this Act. 
Any public officer who willfully or grossly neglects the performance of any 
act specifically enjoined as a duty by this Act or its Implementing Rules 
c.1 


and Regulations; or abuses h s  authority in the performance of his duty; or 
in any manner, improperly performs his duties under this Act or its 
Implementing Rules and Regulations. 
The appropriate Court shall exempt such action from payment of filing fees. 
Section I .  Implementing hies. - The Secretary of the Department of Environment and 
Natural Resources shall promulgate the appropriate rules and regulations to carry out the 
provisions of this Act: Pmvided, That the effectivity of such rules which the Secretary of the 
Department of Environment and Natural Resources shall promulgate shall be subject to the 
approval of Congress. 
Section 8. Independence @Action. The ffing of an administrative action against any public 
officer who violates the provisions of this Act does not preclude the filing of a separate 
action in a court of law. 
Section 9. Construction ofthis Act. - In the construction and application of the provisions of 
this Act and its implementing rules, the interpretation that would be beneficial or favorable 
to the purpose of this act to prohibit logging operations shall be adopted. 
Section 10. Repealing CLause. - All laws, decrees, orders, rules and regulations, policies, 
programs or parts thereof, that are inconsistent with any of the provisions of this Act, are 
hereby repealed, amended or modified accordingly. 
Section 11. Separabilig CLause. - If for any reason, any section or provisions of this Act is 
declared to be unconstitutional or invalid, the other sections or provisions hereof, which are 
not affected hereby, shall continue in full force and effect. 


Section 12. Efectivity. - This Act shall take effect fifteen (15) days following its publication 
in the Oficial GaTette or in two (2) newspapers of general circulation. 
Approved,