Article 33p. 33

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

Section 80 (71). 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 parks 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 parks system, shall be

fined not less than five hundred (P500.00) pesos or more

than twenty thousand (P20,000.00) pesos exclusive of

the value of the thing damaged: Provided, That if the

area requires rehabilitation or restoration as determined

by the Director, the offender shall also be required to

restore or compensate or the restoration of the damage:

Provided, further, That any person who, without proper

permit shall hunt, 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: Provided,

finally, 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.

In the event that an official or employee of a city or

municipal

government

is

primarily

responsible

for

detecting and convicting the violator of the provisions of

this section, fifty per centum (50%) of the fine collected

shall

accrue

to

such

municipality

or

city

for

the

development of local parks. (Amending P.D. No. 705

(Revised Forestry Code of the Philippines), Presidential

Decree No. 1559, [June 11, 1978])

Section 81 (72). 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 one hundred (P100.00) pesos 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.

Section

82

(73).

Survey

by

unauthorized

person.

Imprisonment for not less than two (2) nor more than

four (4) years, in addition to the confiscation of the

implements

used

in

the

violation

of

this

section

including the cancellation of the license, if any, shall be

imposed upon any person who shall, without permit to

survey from the Director, enter any forest lands, whether

covered by a license agreement, lease, license, or permit,

or not, and conduct or undertake a survey for whatever

purpose.

Section

83

(74).

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. The

survey, classification or release of forest lands shall be

null and void.

Section

84

(75).

Tax

declaration

on

real

property.

Imprisonment for a period of not less than two (2) nor

more than four (4) years and perpetual disqualification

from holding an elective or appointive office, shall be

imposed upon any public officer or employee who shall

issue

a

tax declaration on real property without a

certification from the Director of Forest Development

and the Director of Lands or their duly designated

representatives that the area declared for taxation is

alienable and disposable lands, unless the property is

titled or has been occupied and possessed by members

of the national cultural minorities prior to July 4, 1955.

Section 85 (76). Coercion and influence. — Any person

who coerces, 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 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

five

thousand

pesos

(P5,000.00)

and

imprisonment of not less than one (1) year. (Amending

P.D. No. 705 (Revised Forestry Code of the Philippines),

Presidential Decree No. 1559, [June 11, 1978])

Section 86 (77). 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), nor more than ten thousand (P10,000.00)

pesos 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

marking

or

identification

of

timber

or

other

products,

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

warning 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;

Provided,

That

if

the

offender

is

a

corporation,

partnership or association, the officers and directors

thereof shall be liable.

Section 87 (78). 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 of this Code or the National Internal 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 (P100,000.00) 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.

© 2018 Compiled by RGL

33 of 244