2. OUTLINE OF PRESENTATION
Salient features of the Revised
Forestry Code, as amended
Salient features of the Chainsaw Act
Salient features of Wildlife Act
3. WHAT IS A FOREST?
The FAO defines forest as:
“land spanning more than 0.5
hectares with trees higher than 5
meters and a canopy cover of more
than 10 percent, or trees able to
reach these thresholds in situ.
This Photo by Unknown Author is licensed under CC BY
5. Understanding and Managing the Effects of Climate Change on Ecosystem Services in the Rocky Mountains - Scientific Figure on ResearchGate. Available from: https://www.researchgate.net/figure/Major-
classes-of-forest-services-as-adapted-from-the-Millennium-Ecosystem-Assessment_fig1_320063376 [accessed 14 May, 2023]
6. WHAT IS A TREE WORTH?
A tree living for 50 years will:
• Generate Php1.547 million worth of
oxygen
• Provide Php2.575 million worth of air
pollution control
• Control soil erosion and increase soil
fertility worth Php1.426 million;
• Recycle or purify Php2.054 million
worth of water; and,
• Provide home for animals worth
Php1.425 million
• TOTAL : 9.0275 Million plus the
value of timber, fruits or beauty
derived from it
Ref: Forest Benefits. Ppt prepared by Prof. Rose Jane Peras for SFFG 111. UPLB-CFNR
7. TOTAL LAND AREA
30,000,000 hectares
THE PHILIPPINES’ LAND CLASSIFICATION
52.7%
15.8M ha.
47.34%
14.2M ha.
FOREST LANDS
A & D LANDS
9. Source: Philippine Forestry Statistics 2021. DENR-FMB. Retrieved on 14 May 2023 at https://drive.google.com/file/d/1V2JS74-DPvMc4A8r3AJwrMDoAmXptI9f/view?pli=1
11. Ref: Philippine Forests at a Glance, 2022 Edition. DENR – Forest Management Bureau, Visayas Ave., Diliman, Quezon City:
https://drive.google.com/file/d/1kbIk1TRHepnwRRkSPqx0D35NMfT1umlx/view
12. Source: Philippine Forestry Statistics 2021. DENR-FMB. Retrieved on 14 May 2023 at https://drive.google.com/file/d/1V2JS74-DPvMc4A8r3AJwrMDoAmXptI9f/view?pli=1
13. 2021 FOREST PROTECTION AND LAW ENFORCEMENT
Ref: Philippine Forests at a Glance, 2022 Edition. DENR – Forest Management Bureau, Visayas Ave., Diliman, Quezon City:
https://drive.google.com/file/d/1kbIk1TRHepnwRRkSPqx0D35NMfT1umlx/view
14. WHAT ARE THE CAUSES OF FOREST LOSS?
forest extraction (logging – legal and illegal),
agricultural expansion (upland cultivation in forest areas), and
infrastructure development (demand for timber products,
roadside clearing, and river bound colonization)
Ref: Carandang, Antonio P. et.al., 2013, Analysis of Key Drivers of Deforestation and Forest Degradation in the
Philippines. Manila, Philippines: : Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH.
15. PRESIDENTIAL DECREE NO. 705
REVISED FORESTRY CODE OF
THE PHILIPPINES
MAY 19, 1975
This Photo by Unknown Author is licensed under CC BY-SA
16. DEFINITION OF TERMS
Timber
Wood material which include standing
trees in a form suitable for construction,
carpentry, joinery, or reconversion for
manufacturing purposes.
Ref: Australian Standard/ New Zealand Standard 4491.Glossary of Terms in Timber-related Standards.1997.
https://forestry.denr.gov.ph/pdf/ref/compiled_terms.pdf
Any piece of wood having an average
diameter of at least 15 centimeters and at
least 1.5 meters long, except all mangrove
species which in all cases, shall be
considered as timber regardless of size.
Ref: Primer on Illegal Logging; Legal Affairs Office,DENR
17. Mustang Lumber, Inc. v. Court of Appeals | G.R. No. 104988 | June 18, 1996
See also: Tan v. People of the Philippines | G.R. No. 115507 | May 19, 1998
Lalican v. Hon. Vergara | G.R. No. 108619 | July 31, 1997
lumber = timber
Facts: In April 1990, an organized team of foresters and
policemen conducted surveillance operation at the Mustang’s
lumber yard. They saw a truck loaded with lauan and almaciga
lumber from the lumberyard. The team seized the truck together
with its cargo when the driver could not produce the required
invoices and transport documents. They also subjected the
remaining stockpile of lumber to administrative seizure.
Jurisprudence
18. Mustang Lumber, Inc. v. Court of Appeals | G.R. No. 104988 | June 18, 1996
See also: Tan v. People of the Philippines | G.R. No. 115507 | May 19, 1998
Lalican v. Hon. Vergara | G.R. No. 108619 | July 31, 1997
lumber = timber
Issue:
W/N the charge of illegal possession of “lumber” is excluded from
the crime of illegal possession of “timber” as defined in Sec. 68 of
Presidential Decree No. 705, as amended?
Jurisprudence
19. Mustang Lumber, Inc. v. Court of Appeals | G.R. No. 104988 | June 18, 1996
See also: Tan v. People of the Philippines | G.R. No. 115507 | May 19, 1998
Lalican v. Hon. Vergara | G.R. No. 108619 | July 31, 1997
lumber = timber
Ruling:
The Revised Forestry Code contains no definition of either timber
or lumber. While the former is included in forest products as
defined in paragraph (q) of Section 3, the latter is found in
paragraph (aa) of the same section in the definition of processing
plant.. In other words, lumber is a processed log or timber.
It is settled that in the absence of legislative intent to the contrary,
words and phrases used in a statute should be given their plain,
ordinary, and common usage meaning. And insofar as possession
of timber without the required legal documents is concerned,
Section 68 of P.D. No. 705, as amended, makes no distinction
between raw or processed timber. Neither should the Court.
Jurisprudence
20. DEFINITION OF TERMS
Forest products means timber, pulpwood, firewood, bark, tree
top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other
forest growth such as grass, shrub, and flowering plant, the
associated water, fish, game, scenic, historical, recreational and
geologic resources in forest lands. (Ref: PD 705)
This Photo by Unknown Author is licensed under
CC BY-NC-ND
22. SECTION 77: CUTTING, GATHERING, COLLECTING AND POSSESSING
TIMBER, OR OTHER FOREST PRODUCTSWITHOUT AUTHORITY.
Three forms of violation:
Cut
Gather
Collect
Remove
Timber or other forest products in forest lands
without any permit
Cut
Gather
Collect
Remove
Timber in public or private lands without a
permit
Mere possession Timber or other forest products without a permit
23. Violation Elements Penalty Recommended
Evidence
a.) Cutting,
gathering, collecting
or removing of
timber or other
forest products from
any forest land
without authority.
1.There must be cutting,
gathering, collecting or
removing of timber or other
forest products;
The timber or other forest
products is cut, gathered,
collected or removed from
any forest land;
3. The cutting, gathering,
collecting or removing
without authority.
Refer to the range of
penalties under Articles
309 and 310 of the
Revised Penal Code.
For 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.
Other penalty: Confiscation of timber
or any forest products, machinery,
equipment,
1. Negative Certification
from the DENR;
2. Photographs, videos
3. Seizure Receipt
4. Inventory and scaled
report of timber and
forest products
5. Apprehension Report
6.Turn-over receipt
7. Judicial Affidavits
SECTION 77: CUTTING, GATHERING, AND/OR COLLECTING TIMBER,
OR OTHER FOREST PRODUCTSWITHOUT AUTHORITY.
24. Violation Elements Penalty Recommended
Evidence
b.) Cutting,
gathering,
collecting or
removing of timber
or other forest
products from
public or private
land without
authority.
1.There must be cutting,
gathering, collecting or
removing of timber;
2. The timber is cut,
gathered, collected or
removed from alienable or
disposable public land or
from private land;
The cutting, gathering,
collecting or removing
without authority.
Refer to the range of
penalties under Articles
309 and 310 of the
Revised Penal Code, as
amended.
For 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.
Other penalty: Confiscation of timber
or any forest products, machinery,
equipment
1. Negative Certification
from the DENR;
2. Photographs, videos
3. Seizure Receipt
4. Inventory of
confiscated timber and
forest products
5. Apprehension Report
6.Turn-over receipt
7. Judicial Affidavits
SECTION 77: CUTTING, GATHERING, AND/OR COLLECTING TIMBER,
OR OTHER FOREST PRODUCTS WITHOUT AUTHORITY.
25. Violation Elements Penalty Recommended
Evidence
c.) Possession of
timber of other
forest products
without the legal
documents as
required under
existing forest laws
and regulations
1. Possession of
timber or other forest
products;
2. The possession is
without the legal
documents as
required under
existing forest laws.
Refer to the range of
penalties under Articles
309 and 310 of the
Revised Penal Code
For 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.
Other penalty: Confiscation of timber
or any forest products, machinery,
equipment
1. Negative Certification
from the DENR;
2. Photographs, videos
3. Seizure Receipt
4. Inventory of
confiscated timber and
forest products
5. Auxiliary Invoice
6. Apprehension Report
7.Turn-over receipt
8. Judicial Affidavits
SECTION 77: CUTTING, GATHERING, AND/OR COLLECTING TIMBER,
OR OTHER FOREST PRODUCTSWITHOUT AUTHORITY.
26. IDANAN, ET.AL., V. PEOPLE OF THE PHILIPPINES
| G.R. NO. 193313 | MARCH 16, 2016
FACTS:
In the morning of 16 October 2005, the Panganiban PNP in the Province of
Catanduanes received an information that a group of illegal loggers will be
transporting narra flitches. The OIC Chief of Police Inspector and five (5) other
policemen were patrolling when they spotted an Isuzu Elf truck loaded with
lumber. They found out that Idanan was the driver while Del Barrio and
Plopenio were the passengers. Vargas and Tulod were seen hauling lumber to
be loaded into the truck. They were not able to produce any document
authorizing them to transport lumber so they were placed under arrest. They
were charged with violation of Section 68 of the PD 705.
Jurisprudence
27. IDANAN, ET.AL., V. PEOPLE OF THE PHILIPPINES
| G.R. NO. 193313 | MARCH 16, 2016
ISSUE
W/N Idanan,, et.al., should be held liable for violation
of illegal possession of lumber under Section 68 of
PD 705, as amended.
Jurisprudence
28. IDANAN, ET.AL., V. PEOPLE OF THE PHILIPPINES
| G.R. NO. 193313 | MARCH 16, 2016
Ruling:
Yes, under Section 68, of PD 705, as amended, i.e., of possessing
and in control of 29 pieces of narra lumber without the legal
requirements as required under existing forest laws and regulations.
Mere possession of timber or other forest products without the
proper legal documents, even absent malice, or criminal intent,
is illegal. It would make no difference at all whether the
ownership of the lumber pertains to only one accused.
Jurisprudence
29. SECTION 78: UNLAWFUL OCCUPATION OR DESTRUCTION OF
FOREST LANDS AND GRAZING LANDS
Violation Elements Penalty Recommended
evidence
Unlawful
occupation of
forest lands and
grazing lands
• a. Any person who:
• 1. enters and occupies
or possesses forest
land;
• 2. makes kaingin for
his own private use or
for others
• b. without authority
(under a license,
agreement, lease,
license or permit)
1. Imprisonment of not
less than six (6) months
nor more than two (2)
years
2. Fine of not less than
P500, nor more than
P20,000.00
3. Payment of ten (10)
times the rental fees
and charges
1. Negative Certification
from the DENR;
2. Photographs, videos
3. Seizure Receipt, if any
4. Inventory of
destroyed timber and
forest products
5. Apprehension Report,
if any.
6. Auxiliary invoice
7.Turn-over receipt
8. Judicial Affidavits
30. SECTION 78: UNLAWFUL OCCUPATION OR DESTRUCTION OF
FOREST LANDS AND GRAZING LANDS
Violation Elements Penalty Recommended
evidence
Unlawful
destruction of
forest lands
and grazing
lands
• c. Any person who in any
manner:
• 1. destroys forest land or
part thereof
• 2. causes damage to the
timber stand and other
products and forest growth
found therein;
•
• 3. assists, aids or abets any
other person to do so
• 4. or sets a fire, or
negligently permits a fire
to be set in any forest land
For Kaingin making:
a. Imprisonment for not
less than two (2) nor more
than 4 years; and,
b. Fine equal to eight (8)
times the regular forest
charges due on the forest
products destroyed,
c. As determined by the
DENR, payment of the full
cost of restoration of the
occupied area.
1. Negative Certification
from the DENR;
2. Photographs, videos
3. Seizure Receipt, if any
4. Inventory of destroyed
timber and forest
products
5. Apprehension Report, if
any.
6. Auxiliary invoice
7.Turn-over receipt
8. Judicial Affidavits
31. SECTION 79. PASTURING LIVESTOCK
Violation Elements Penalty Recommended
Evidence
Pasturing livestock
• A. Any person who
graze or cause to
graze livestock in
forest lands, grazing
lands and alienable
and disposable
lands;
• b. Such person is
without authority
under a lease, or
permit,
1. Imprisonment for not
less than six (6)
months nor more than
two (2) years; and,
2. a fine equal to ten
(10) times the regular
rentals due,
3. confiscation of such
livestock and all
improvement
introduced in the
area in favor of the
government
1. Negative Certification
from the DENR;
2. Photographs, videos
3. Seizure Receipt, if any
4. Inventory of livestock
and improvement
introduced in the area.
5. Apprehension Report,
if any
6.Turn-over receipt
7. Judicial Affidavits
32. Violation Elements Penalty Recommended
Evidence
Illegal
Occupation
of National
Parks
System and
Recreation
Areas and
Vandalism
• A. Any person who shall -
• 1. occupy for any length of
time and portion of the
national parks system;
• 2. cut, destroy, damage or
remove timber or any
species of vegetation or
forest cover and other
natural resources found
therein;
• 3. mutilate, deface or
destroy objects of natural
beauty or of scenic value
within areas in the national
parks system;
• b. Such person is without
permit
1. fine not less than two hundred
(P200.00) pesos or more than
five hundred (P500.00) pesos
exclusive of the value of the
thing damaged;
2. Restoration or compensation
for the restoration of the
damage,
3. eviction of the offender and
forfeiture of all timber or an
species of vegetation collected
or removed and any
construction or improvement
made thereon
1. Negative Certification
from the DENR;
2. Photographs, videos
3. Seizure Receipt
4. Inventory of
confiscated timber and
forest products
5. Auxiliary invoice
6. Apprehension Report
7.Turn-over receipt
8. Judicial Affidavits
SECTION 80. Illegal Occupation of National Parks System and
Recreation Areas and Vandalism
33. SECTION 81. DESTRUCTION OFWILDLIFE RESOURCES
Violation Elements Penalty Recommended
Evidence
Destruction of
Wildlife
Resources
• A. Any person
who shall hunt
wildlife in forest
lands
• B. Such person is
without permit
1. fine not less than one
hundred (P100.00) pesos
for each such violation;
and,
2, denial of a permit for a
period of three (3) years
from the date of the
violation.
1. Negative
Certification from the
DENR;
2. Photographs, videos
3. Seizure Receipt
4. Inventory of
destroyed wildlife
resources
5. Apprehension Report
6.Turn-over receipt
7. Judicial Affidavits
34. SECTION 82. SURVEY BY UNAUTHORIZED PERSON
Violation Elements Penalty Recommended
Evidence
Survey by
Unauthorized
Person
• A. Any person who
enter any forest
lands;
• B. Such person
conduct or
undertake a survey
for whatever
purpose;
• B. Such person is
without permit to
survey from the
DENR
1. Imprisonment for
not less than two (2)
nor more than four (4)
years;
2. confiscation of the
implements used in
the violation; and,
3. cancellation of the
license
1. Negative Certification
from the DENR;
2. Photographs, videos
3. Seizure Receipt of
implements used and
license;
4. Inventory of
implements
5. Apprehension Report
6. Judicial Affidavits
35. REGULATIONS ON CERTAIN TYPES OF TREES
Species Type Management Status Applicable Regulation
Narra Cutting/harvesting is strictly
regulated
DAO 93-58;
DENR MC No. 90-22
Almaciga Banned DAO 87-74
Kalantas, lanete, dao,
betis
Allowed only on private lands DAO 87-78;
DAO 92-46
Bolong-eta, kamagong,
lumbayao, ipil, sangilo,
manggis supa
Cutting in public forest when
less than 60 cm in diameter
measured at four feet from the
ground
Act No. 3572, November 26,
1929
36. REGULATIONS ON CERTAIN TYPES OF TREES
Species Type Management Status Applicable Regulation
Tindalo, akle, molave Cutting in public forest when
less than 60 cm in diameter
measured at four feet from the
ground
Act No. 3572,
November 26, 1929
Fruit trees (Incl: macopa,
yambo, boboa, alupag, batuan,
mangosteen, pili, balobo,
bayabas, durian, baluno, bulala,
gumihan, marang, nangka,
lansones, mabolo, alupag-amo,
pajo/pajutan
Permit to cut needed Act No. 2812 (1919)
All mangrove species Cutting of all mangrove species
is prohibited
RA 7161
37. This Photo by Unknown Author is licensed under CC BY-SA-NC
Chainsaw Act of 2002
RA No. 9175
IRR : DAO No. 2003-24
38. POLICY OF THE STATE
1. Pursue an aggressive forest protection program
geared towards eliminating illegal logging and
other forms of forest destruction which are being
facilitated with the use of chain saws.
2. Regulate the ownership, possession, sale,
transfer, importation and/or use of chain saws to
prevent them from being used in illegal logging or
unauthorized clearing of forests.
39. CHAINSAW
Chainsaw – refers to any portable power saw
or similar cutting implement rendered
operative by an electric or internal combustion
engine or similar means that may be used for,
but is not limited to, the felling of trees or the
cutting of timber.
This includes chainsaw, portable rotary lathe,
mobile/portable band saw, wood mizer,
mobile/portable wood chipper, or wood edger.
DAO No. 2018-09; 27 June 2018) Subject: Amending Section 3 of DENR DAO No. 2003-24
Implementing RA 9175 otherwise known as the Chainsaw Act of 2002
https://drive.google.com/file/d/1I_GjF7N5DHwCqRPc1Qsr_J9hpqPovaw4/view
https://pixabay.com/photos/wood-chainsaw-tree-artwork-
1728019/
https://www.toportable.com/products/
portable-lathe/
https://www.ubuy.com.ph/product/
2NVWG5Z0-wood-mizer-lt15-portable-
sawmill-with-19-hp-gas-engine
https://www.acerentalsinc.com/product/6-inch-
woodchipper/
40. PERSONS AUTHORIZED TO MANUFACTURE, SELL AND IMPORT CHAINSAWS?
manufacturer/s,
dealer/s, and/or
private owner/s who is/are duly authorized by
the DENR
41. PERSONS AUTHORIZED TO POSSESS AND
USE A CHAINSAW
1. Any applicant who:
(a) has a subsisting timber license agreement, production sharing
agreement, or similar agreements, or a private land timber permit;
(b) is an orchard and fruit tree farmer;
(c) is an industrial tree farmer;
(d) is a licensed wood processor and the chain saw shall be used for the
cutting of timber that has been legally sold to said applicant; or
(e) shall use the chain saw for a legal purpose, i.e., tree surgery, tree
pruning, landscaping, timber stand improvement, other allied silvicultural
activities
2. agencies of the government
42. SECTION 7 (PAR. 1). SELLING, PURCHASING, RE-SELLING, TRANSFERRING,
DISTRIBUTING OR POSSESSING A CHAINSAW WITHOUT A PROPER PERMIT.
Violation Elements Penalty Recommended
Evidence
Selling, Purchasing,
Re-selling,
Transferring,
Distributing or
Possessing a Chain
Saw Without a Proper
Permit.
A. A person sells,
purchases,
transfer the
ownership,
distributes or
otherwise
disposes or
possesses a
chainsaw; and,
B. Said person has
no necessary
permit from the
Department
A. imprisonment of four (4)
years, two (2) months and
one (1) day to six (6) years;
or,
B. a fine of not less than
fifteen thousand pesos
(P15,000.00) but not more
thirty thousand pesos
(30,000.00) or both at the
discretion of the court; and,
c. Confiscation of the
chainsaw/s in favor of the
government.
1. Negative Certification
from the DENR;
2. Photographs, videos
3. Seizure Receipt
4. Inventory of
confiscated chainsaw
5. Apprehension Report
6.Turn-over receipt
7. Judicial Affidavits
43. SECTION 7 (PAR. 2). UNLAWFUL IMPORTATION OR MANUFACTURING OF
CHAIN SAW
Violation Elements Penalty Recommended
Evidence
Unlawful
Importation or
Manufacturing of
Chain Saw
A. Any person who
imports or
manufactures a
chainsaw;
B. Such importation or
manufacturing is
without prior
authorization from
the Department
A. imprisonment of not
less than one (1) month
nor more than six (6)
months; and,
B. fine of not less than
One thousand pesos
(P1,000.00) for more
than Four thousand
pesos (P4,000.00).
1. Negative Certification
from the DENR;
2. Photographs, videos
3. Seizure Receipt
4. Inventory of
confiscated chainsaw
5. Apprehension Report
6.Turn-over receipt
7. Judicial Affidavits
44. SECTION 7 (PAR. 3). TAMPERING OF ENGINE SERIAL NUMBER
Violation Elements Penalty Recommended
Evidence
Tampering of
Engine Serial
Number
A. Any person has a
chainsaw;
B. Said person is found
to have defaced or
tampered with the
original registered
engine serial
number of any chain
saw unit.
A. imprisonment of not
less than one (1) month
nor more than six (6)
months; and,
B. fine of not less than
One thousand pesos
(P1,000.00) nor more
than Four thousand
pesos (P4,000.00).
1. Negative Certification
from the DENR;
2. Photographs, videos
3. Seizure Receipt
4. Inventory of
confiscated chainsaw
5. Apprehension Report
6.Turn-over receipt
7. Judicial Affidavits
45. SECTION 7 (PAR. 4). ACTUAL UNLAWFUL USE OF
CHAINSAW
Violation Elements Penalty Recommended
Evidence
Actual
Unlawful
Use of
Chainsaw
A. Any person who is
found to be in
possession of a
chainsaw; and,
B. Said person uses
the same to cut
trees and timber in
forest land or
elsewhere without
authority from the
DENR.
A. imprisonment of six (6) years
and one (1) day to eight (8) years;
or,
B. fine of not less that Thirty
thousand pesos (P30,000.00) but
not more than Fifty thousand pesos
(P50,000.00) or both at the
discretion of the court without
prejudice to being prosecuted for
a separate offense that may have
been simultaneously committed.
C. Confiscation of chain saw in
favor of the government.
1. Negative Certification
from the DENR;
2. Photographs, videos
3. Seizure Receipt
4. Inventory of
confiscated chainsaw
5. Apprehension Report
6.Turn-over receipt
7. Judicial Affidavits
46. REWARD
20% of the the value of the chainsaw unit/s
Any person who voluntarily gives information
leading to the recovery or confiscation of an
illegally possessed or unregistered chainsaw
and the resultant conviction of persons
charged thereof
47. APPROVAL : JULY 30, 2001
PUBLICATION : AUGUST 3, 2001
EFFECTIVITY : AUGUST 18, 2001
“Wildlife Resources
Conservation and Protection
Act” (Wildlife Act)
Republic Act 9147
Joint DENR-DA-PCSD Administrative
Order No. 2004-01
IRR prescribing the procedures and
guidelines for the implementation of the
Wildlife Act
50. SCOPE OF APPLICATION
· enforceable for all
wildlife species found in
all areas of the country,
including protected areas
under Republic Act No.
7586 and critical habitats
· exotic species which are
subject to trade, are
cultured and maintained
and/or bred in captivity
or propagated in the
country.
Source: https://www.philstar.com/headlines/2018/07/09/1831853/e-nipas-law-protect-94-more-critical-habitats
51. JURISDICTION
Department of
Environment and Natural
Resources
• all terrestrial plant and
animal species, all
turtles and tortoises and
wetland species,
including crocodiles,
waterbirds and all
amphibians and dugong
Department of
Agriculture
• all declared aquatic
critical habitats, all
aquatic resources,
including but not
limited to fishes, aquatic
plants, invertebrates
and all marine
mammals, except
dugong
Palawan Council for
Sustainable Development
• all wildlife species,
whether terrestrial or
marine and aquatic
resources, found in the
Province of Palawan, in
accordance with the
provisions of RA 7611
(SEP Law) consistent
with RA 8550 (Fisheries
Code), RA 8485 (Animal
Welfare Act) and RA
7586 (NIPAS Act)
52. THREATENED SPECIES
general term to denote
species of subspecies
considered as critically
endangered, endangered,
vulnerable or other accepted
categories of wildlife whose
population is at risk of
extinction
53. CRITICALLY ENDANGERED SPECIES
(lubhang nanganganib na pagkaubos) – tumutukoy sa mga buhay ilang na may
matinding posibilidad ng pagkaubos o pagkawala sa kanilang likas na tirahan,
sa nalalapit na panahon.
55. ENDANGERED SPECIES
(nanganganib na pagkaubos) – tumutukoy sa mga buhay ilang na hindi naman
critically endangered ngunit maari na ring mawala sa kanilang likas na tirahan
kung magpapatuloy ang sanhi ng kanilang pagkaubos.
57. VULNERABLE SPECIES
tumutukoy sa mga buhay ilang na hindi critically endangered o
endangered ngunit humaharap sa iba’t ibang banta ng kanilang
kaligtasan at di magtatagal ay malamang na maging endangered na rin
sa nalalapit na panahon.
59. OTHER THREATENED SPECIES
Species na hindi critically endangered, endangered, and vulnerable
ngunit nasa ilalim ng banta mula sa masamang salik
60. OTHER THREATENED SPECIES
Mindanao horned
frog
(Megophrys
stejnegeri)
Tokay gecko
(Gekko gecko)
Mindanao pygmy babbler
(Dasycrotapha plateni)
61. AUTHORIZED ACTS UNDER RA 9147
Activity Requirements/Restrictions
Collection of wildlife
(Section 7, RA 9147)
-Should be used in accordance with Section 7,
RA 9147
- quantity
- should use appropriate and acceptable
wildlife collection techniques with least or no
detrimental effects to the existing wildlife
population and their habitats
-collection by indigenous people may be
allowed for traditional use and not primarily for
trade and shall not cover threatened species
- Prior informed consent, PAMB clearance
62. AUTHORIZED ACTS UNDER RA NO. 9147
Activity Requirements/Restrictions
Possession of wildlife
(Section 8, RA 9147)
Collection and/or possession of by-
products and derivatives
(Section 9, RA 9147)
-person and entity to prove financial
and technical capability and facility
to maintain wildlife
- source was not obtained in violation
of the act
- source was not obtained in violation
of the act
- Covered by permits
Source: https://www.tripadvisor.com/LocationPhotoDirectLink-
g298459-d320865-i150904279-Philippine_Eagle_Center-
Davao_City_Davao_del_Sur_Province_Mindanao.html
63. Activity Requirements/Restrictions
Local transport of wildlife, by-
products and derivatives
(Section 10, RA 9147)
Exportation and/or importation of
wildlife
(Section 11, RA 9147)
-shall be authorized unless
prejudicial to the wildlife or public
health
-covered by Local Transport Permit
- quarantine/vet health certificate
- strict compliance with the act and
regulations
- recipient of wildlife is
technically and financially
capable to maintain it
AUTHORIZED ACTS UNDER RA NO. 9147
64. Activity Requirements/Restrictions
Introduction, reintroduction or
restocking of endemic or indigenous
wildlife
(Section 12, RA 9147)
Introduction of exotic wildlife
(Section 13, RA 9147)
- shall be allowed only for population
enhancement or recovery purposes
- shall be subject to scientific study
public consultations with concerned
individuals or entities
not allowed in protected areas and
critical habitats
- other areas – clearance from the
Secretary/authorized
representative
environmental impact study
prior informed consent of local
stakeholders
-affidavit of undertaking
AUTHORIZED ACTS UNDER RA NO. 9147
65. Activity Requirements/Restrictions
Scientific researches on wildlife
(Section 15, RA 9147)
Commercial breeding or
propagation of wildlife resources
(Section 17, RA 9147)
- undertaking/agreement
- gratuitous permit
- prior informed consent
If foreign –active involvement of
local institution
wildlife farm/culture permit
environmental impact study
AUTHORIZED ACTS UNDER RA NO. 9147
66. AUTHORIZED ACTS UNDER RA NO. 9147
Activity Requirements/Restrictions
Bio Safety
(Sec. 16 of RA. 9147)
- All activities dealing with genetic
engineering and pathogenic
organisms
- All activities requiring the importation,
introduction, field release and
breeding of organisms that are
potentially harmful to man and
environment.
- Shall be reviewed in accordance with
the biosafety guidelines ensuring public
welfare and the protection and
conservation of wildlife and their habitats
-EIA is required in the following:
- introduction of exotic fauna in
private/public forests
-Field release of any pathogenic
organism;
-Field testing of ge organism in an ECA or
the conduct of which has been
determined by DENR or DA-BPI, as
posting significant risks to the
environment.
67. Activity Requirements/Restrictions
Bioprospecting
(Section 14, RA 9147)
- means the research, collection and
utilization of biological and genetic
resources for purposes of applying
the knowledge derived therefrom
solely for commercial purposes
- shall only be allowed upon execution
of a Commercial Research
Agreement (CRA) with the DENR, DA
or PCSD
Bioprospecting Undertaking
Prior informed consent from the local
community, Indigenous Peoples (IPs)
community, Protected Area
Management Board (PAMB), private
land owner
Environmental Impact Assessment (EIA)
– when applicable and necessary
If foreign – active involvement of local
institution
AUTHORIZED ACTS UNDER RA NO. 9147
68. ILLEGAL ACTS
Illegal Acts Penalties (Section 28, RA 9147)
Killing and destroying of
wildlife species
Exceptions:
a. when done as part of the
religious rituals of
established tribal groups or
ICCs; and
b. when the wildlife is
afflicted with an incurable
communicable disease
Imprisonment of:
6 years and 1 day to 12 years and/or
fine of 100,000 to 1 million (for
species listed as critical)
4 years and 1 day to 6 years and/or
fine of 50,000 to 500,000 (for
endangered species)
69. ILLEGAL ACTS
Illegal Acts Penalties (Section 28, RA 9147)
c. when it is deemed necessary to
put an end to the misery
suffered by the wildlife
d. when it is done to prevent an
imminent danger to the life and
limb of a human being
e. when the wildlife is killed or
destroyed after it has been used
in authorized research or
experiments
2 years and 1 day to 4 years and/or fine
of 30,000 to 300,000 ( vulnerable
species)
1 year and 1 day to 2 years and/or fine of
20,000 to 200,000 (for other threatened
species)
6 months and 1 day to 1 year and/or fine
of 10,000 to 100,000 (other wildlife
species)
70. ILLEGAL ACTS
Illegal Acts Penalties (Section 28, RA 9147)
Inflicting injury which cripples
and/or impairs the reproductive
system of wildlife species
Imprisonment of:
4 years and 1 day to 6 years and/or
fine of 50,000 to 500,000 (for
species listed as critical)
2 years and 1 day to 4 years and/or
fine of 30,000 to 200,000
(endangered species)
1 year and 1 day to 2 years and/or
fine of 20,000 to 200,000
(vulnerable species)
71. ILLEGAL ACTS
Illegal Acts Penalties (Section 28, RA 9147)
Inflicting injury which cripples and/or
impairs the reproductive system of wildlife
species
Imprisonment of:
4 years and 1 day to 6 years and/or fine of 50,000
to 500,000 (for species listed as critical)
2 years and 1 day to 4 years and/or fine of 30,000
to 200,000 (endangered species)
1 year and 1 day to 2 years and/or fine of 20,000
to 200,000 (vulnerable species)
6 months and 1 day to 1 year and/or fine of
10,000 to 50,000 (threatened species)
1 month to 6 months and/or fine of 5,000 to
20,000 (other wildlife species)
72. ILLEGAL ACTS
Illegal Acts Penalties (Section 28, RA 9147)
Effecting any of the following acts in
critical habitat(s):
- dumping of waste
products detrimental
to wildlife
- squatting or otherwise
occupying any portions
of the critical habitats
- mineral exploration
and/or extraction
- burning
- logging
- quarrying
Imprisonment of:
1 month to eight years and/or fine of 5,000 to 5
million pesos
73. ILLEGAL ACTS
Illegal Acts Penalties (Section 28, RA 9147)
Introduction, reintroduction or
restocking of wildlife resources
Imprisonment of:
1 month to eight years and/or fine of
5,000 to 5 million pesos
74. ILLEGAL ACTS
Illegal Acts Penalties (Section 28, RA 9147)
Trading of wildlife Imprisonment of:
2 years and 1 day to 4 years and/or fine of
5,000 to 300,000 (for critical species)
1 year and 1 day to 2 years and/or fine of
2,000 to 200,000 (endangered species)
6 months and 1 day to 1 year and/or fine of
1,000 to 100,000 (for vulnerable species)
75. ILLEGAL ACTS
Illegal Acts Penalties (Section 28, RA 9147)
Trading of wildlife 1 month and 1 day to 6 months and/or fine
of 500 to 50,000 (other threatened species)
10 days to 1 month and/or fine of 200 to
20,000 (other wildlife species)
77. ILLEGAL ACTS
Illegal Acts Penalties (Section 28, RA 9147)
Collecting, hunting or possessing
wildlife, their by-products or
derivatives
(note: if act committed through
inappropriate techniques and devices,
maximum penalty will apply)
Imprisonment of:
2 years and 1 day to 4 years and fine of
30,000 to 300,000 (critical species)
1 year and 1 day to 2 years and fine of
20,000 to 200,000 (endangered
species)
6 months and 1 day to 1 year and a fine
of 10,000 to 100,000 (vulnerable
species)
78. ILLEGAL ACTS
Illegal Acts Penalties (Section 28, RA 9147)
Collecting, hunting or possessing
wildlife, their by-products or
derivatives
(note: if act committed through
inappropriate techniques and
devices, maximum penalty will apply)
1 month and 1 day to 6 months and a
fine of 5,000 to 50,000 (other
threatened species)
10 days to 1 month and a fine of 1,000
to 5,000 (other wildlife species)
79. ILLEGAL ACTS
Illegal Acts Penalties (Section 28, RA 9147)
Gathering or destroying of active nests,
nest trees, host plants and the like
Imprisonment of:
2 years and 1 day to 4 years and fine of
30,000 to 300,000 (critical species)
1 year and 1 day to 2 years and fine of
20,000 to 200,000 (endangered species)
6 months and 1 day to 1 year and a fine of
10,000 to 100,000 (vulnerable species)
1 month and 1 day to 6 months and a fine of
5,000 to 50,000 (other threatened species)
10 days to 1 month and a fine of 1,000 to
5,000 (other wildlife species)
https://www.fws.gov/southeast/news/2017/07/
federal-and-state-officials-request-assistance-in-
bald-eagle-nest-destruction/
80. ILLEGAL ACTS
Illegal Acts Penalties (Section 28, RA 9147)
Maltreating and/or inflicting other
injuries not covered by the preceding
paragraph
Imprisonment of:
6 months and 1 day to 1 year and a fine of
50,000 to 100,000 (critical species)
3 months and 1 day to 6 months and a fine of
20,000 to 50,000 (endangered species)
1 month and 1 day to 3 months and a fine of
5,000 to 20,000 (vulnerable species)
81. ILLEGAL ACTS
Illegal Acts Penalties (Section 28, RA 9147)
Maltreating and/or inflicting
other injuries not covered by
the preceding paragraph
Transporting of wildlife
10 days to one month and a fine of
1,000 (other threatened species)
5 days to 10 days and a fine of 200 to
1,000 (other wildlife species)
-same as above-
82. ADDITIONAL PENALTIES:
· forfeiture of all wildlife, its derivatives or by-
products, and all paraphernalia, tools and
conveyances used in connection used in
connection with violations of this act
· if conveyance owned by third person who has
no participation in knowledge of the illegal acts,
same may be released to the owner
· if offender is an alien – deportation after service
of sentence and payment of fines
83. IMPLEMENTING RULES AND REGULATIONS
AND OTHER ISSUANCES
Joint DENR-DA-PCSD Administrative Order No. 1 (series of 2004) -
Republic Act No. 9147.
DENR Administrative Order No. 2007-02 “Guidelines on the
Establishment and Management of Critical Habitats” (February 28,
2007),
DENR Administrative Order No. 2007-01 “Establishing the
National List of Threatened Philippine Plants and their Categories”
and
JOINT DENR-DA-PCSD-NCIP Administrative Order No. 1, series of
2005 “Guidelines for Bioprospecting Activities in the Philippines”.
84. FLAGSHIP SPECIES
Initiated by the
LGUs
Endemic species
shall serve as
emblems of
conservation for the
concerned LGU.
https://sbo.itogon.gov.ph/2021/11/02/municipal-fauna-flagship-species/
Itogon Municipal Fauna Flagship Species
85. Email us at: [email protected]
MANILA OFFICE
Unit 1213 Corporate 145 Bldg.
Mother Ignacia Ave. Brgy. South Triangle,
Quezon City, 1103
Philippines
Telefax: +632 8 363 8341
SOUTHERN LUZON
Purok Agawin, Villa Juliana Subdivision,
Ibabang Dupay, Lucena City, 4301
Philippines
Smart: +63 961 564 4583
Globe: +63 945 337 0054
TANGGOL KALIKASAN, INC.
#4:Relate to prohibited acts, e.g, 1 hectare of land = determine value
Computation sample : rough valuation – idagdag sa crime scene
#8:Our land resource is finite…we have a total land area of 30 million hectares.
Only 47% of this area can be alienated or titled.
Titling of these land can be done administratively through DENR, DAR and NCIP and judicially through the courts and DOJ/LRA
Patents issued by DENR, Certificate of Land Ownership Awards issued by DAR , Certificate of Ancestral Land Titles issued by NCIP and the decrees issued by the courts are registered by LRA/ROD as Original Certificate of Titles (OCT). Derivative titles or the Transfer Certificate of Titles are being issued ROD.
Include maps of forest lands and A and D in the Philippines
Over-lay thematic maps, PA, mineral lands,
Status of forest:
Include menti: appreciation on forest: then followed by map