LECTURE ON SECTION 68 OF PD 705

AS FURTHER AMENDED

Department of Environment and Natural Resources

 ILLEGAL LOGGING
• Punishable acts under Section 68 of
Presidential Decree 705 as further
amended.

Department of Environment and Natural Resources

 MODES OF COMMITTING THE
OFFENSE OF ILLEGAL LOGGING
Legal Basis
Acts Punishable Subject Source (Authority/
documents)
Cutting, gathering, Timber/ Non- Forest land DAO 4, s. 89
collecting and Timber (public ) FAO 11, S. 70
removing without Forest
authority products Plantation RMO No. 01, S.
Forest 2008
Covered by
Forestry
Tenurial
Instruments

Department of Environment and Natural Resources

 MODES OF COMMITTING THE
OFFENSE OF ILLEGAL LOGGING
Legal Basis
Acts Punishable Subject Source (Authority/
documents)
Cutting, gathering Timber A & D Public DAO 2004-04
Collecting and land,
Removing without Private land
authority

Department of Environment and Natural Resources

 MODES OF COMMITTING THE
OFFENSE OF ILLEGAL LOGGING
Legal Basis
Acts Punishable Subject Source (Authority/
documents)
Possession without Timber/ All DAO 7, S. 1994
legal documents forest products DAO 54, S. 1993
DAO 2004-04, S.
2004

Department of Environment and Natural Resources

DAO 97-32, Series of 1997 – Rules for the

Administrative Adjudication of Illegal Forest

Products, Machinery, Equipment, Tools and

Conveyances Used in Connection

Therewith

Department of Environment and Natural Resources

Illegal Forest Products (Sec. 2.a DAO
97-32)
Any forest products that are removed,
cut, collected, possessed and/or
transported:

Department of Environment and Natural Resources

 1. Without the requisite authorization or permit; or

2. With incomplete required supporting documents; or

3. With genuine authorization or permit and/or supporting

documents that have an expired validity, have been

cancelled or that contain forged entries;

4. With spurious (fake) authorization, permit and/or support

documentation.

Department of Environment and Natural Resources

Some Def. (Section 1 of DAO 97-32)

APPREHENSION

The act of taking temporary possession

and control over those illegal forest
products, and the machinery,
equipment, tools, implements, and
conveyance used in the possession,
gathering, collecting, processing and or
transporting the same, by persons
authorized by law.
Department of Environment and Natural Resources
Requirement for Summary

Apprehensions

Department of Environment and Natural Resources

 On-site determination of

probable cause

Ocular

Inspection?

Yes No

On-site Record of violation Release

On-site conveyance check

On-site report

Issuance of apprehension

receipt/provisional

apprehension receipt Department of Environment and Natural Resources

SEIZURE

It is the official act of taking by persons

authorized by law those apprehended
items into government custody, pending
formal administrative proceedings for
the disposition thereof.

Department of Environment and Natural Resources

Procedure for Summary

Administrative Seizure

Department of Environment and Natural Resources

 DELIVERY

VERIFICATION OF THE EXISTENCE

OF A PRIMA FACIE CASE AGAINST

THE OFFENDER

a. Confirmation of the delivered items

b. Examination of the apprehending officer/

witness

ISSUANCE OF A SEIZURE ORDER

Department of Environment and Natural Resources

CONFISCATION

The official act of the DENR declaring

that items seized become property of
the Government.

Department of Environment and Natural Resources

 Procedures for Summary

Administrative Confiscation

Department of Environment and Natural Resources

 Notice of Hearing

Hearing
15 days 15 days

Motion for Appeal (Office of the

Render Decision
Reconsideration Secretary)
15 days
15 working days
MR

Final and Executory (Office of the

Secretary)
15 days
Appeal (Office of the

President)

Department of Environment and Natural Resources

 Disputable Presumptions

Unless specifically controverted and successfully

overcome by a preponderance of evidence it becomes

conclusive.

a. Full knowledge and participation - All those

apprehended; Department of Environment and Natural Resources

b. Registered/owner/ operator/driver of a conveyance

offense “had full knowledge” and “willingly”

participated in the commission of the offense.

c. Any forest products apprehended/seized were

obtained from an illegal source.

Department of Environment and Natural Resources
FORFEITURE

The official act of the DENR declaring

that items seized become property of
the Government.

Department of Environment and Natural Resources

Abandoned Illegal Forest Products

(Section 8)

Department of Environment and Natural Resources

 Apprehension

Take photographs of the

apprehended items
15 days Motion for
whenever practicable
Reconsideration
Notice of 15 days
Appeal (Office of the
Apprehension
Secretary)
15 days
Posting of Hearing
MR (Office of the

Secretary)
Hearing
15 days
Appeal (Office of the

Decision/Hearing President)

Final and Executory

Department of Environment and Natural Resources
Temporary Release of Conveyance
(Sec. 9)
• GROUNDS

1. Applicant (owner of conveyance) was

not among those who were
apprehended and is not a respondent
in the case.

Department of Environment and Natural Resources

Applicant has not previously been held
administratively liable for violation of
forestry laws, rules and regulations;

Available evidence does not in any way

indicate the complicity of the applicant
in the offense cited in the confiscation
proceedings.

Department of Environment and Natural Resources

REQUIREMENTS

1. DENR Confirmation
2. Sworn Statement and
Undertaking
3. Posting o f Bond(125% of the
replacement cost of the
conveyance)

Department of Environment and Natural Resources

Recall of Conveyance (when?)

Return/Cancellation of Bond
(when?)

Department of Environment and Natural Resources

DENR ADMINISTRATIVE
ORDER
IMPLEMENTING RULES AND REGULATIONS OF

THE CHAINSAW ACT OF 2002 (RA NO.

9175)ENTITLED “AN ACT REGULATING THE

OWNERSHIP, POSSESSION, SALE,

IMPORTATION AND USE OF CHAINSAWS,

PENALIZING VIOLATIONS THEREOF AND FOR

OTHER PURPOSES.”
Department of Environment and Natural Resources
FLOWCHART – REGISTRATION OF

CHAINSAW BEING POSSESSED

UPON EFFECTIVITY OF DAO 2003-

24

Department of Environment and Natural Resources

 Titling of Application

(CENRO)

Evaluation

(CENRO)
Qualified Not Qualified

Process and Issue

Denial
Permit

Department of Environment and Natural Resources

 ISSUING
AUTHORITIES

Department of Environment and Natural Resources

Permit to Import and Manufacture

Chainsaws

Department of Environment and Natural Resources

 Filing of Application

(ORED)

Evaluates

Qualified Not Qualified

Process and Issue

Permit
DENY
(Within 15 working days

from filing of the application)

Department of Environment and Natural Resources

 Permit to purchase, transfer

ownership and/or sell,

resell/dispose/distribute chainsaw

Department of Environment and Natural Resources

 Filing of Application

(CENRO)

Evaluates

Qualified Not Qualified

Process and Issue

Permit
DENY
(Within 15 working days

from filing of the application)

Department of Environment and Natural Resources

ACTS PUNISHABLE (SECTION
12)

Department of Environment and Natural Resources

1. Selling, Purchasing, Re-selling,
Transferring, Distributing or possessing a
chainsaw without a permit

• Imprisonment
4 yrs., 2 mos. And 1 day to 6 yrs.
or
• Fine
Not less than P15,000.00 but not more
than P30,000.00
Department of Environment and Natural Resources
Or both at the discretion of the court, and
the chainsaw confiscated in favor of the
government

Department of Environment and Natural Resources

2. Unlawful importation or manufacturing of
chainsaw
• Imprisonment
Not less than 1 mo. Nor more than 6
mos. And
or
• Fine
Not less than P1,000.00 nor more than
P4,000.00
Department of Environment and Natural Resources
3. Tampering of Engine Serial Number

• Imprisonment
Not less than 1 mo. Nor more than 6
mos. And
or
• Fine
Not less than P1,000.00 nor more than
P4,000.00
Department of Environment and Natural Resources
4. Actual unlawful use of chainsaw

• Imprisonment
Not less than 1 mo. Nor more than 6
mos. And
or
• Fine
Not less than P30,000.00 but more
than P50,000.00
Department of Environment and Natural Resources
Or both at the discretion of the court, and
the chainsaw confiscated in favor of the
government

Department of Environment and Natural Resources

Department of Environment and Natural Resources