Article 185Act No. 3815, Sec./Art. 185

Machinations in public auctions.-Any person who shall solicit any gift or promise as a consideration for refraining from taking part in any public auction, and any person who shall attempt to cause bidders to stay away from an auction by threats, gifts, promises, or any other artifice, with intent to cause the reduction of the price of the thing auctioned, shall suffer the penalty of prision correccional in its minimum period and a fine ranging from 10 to 50 per centum of the value of the thing auctioned.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

and equipment of any kind used in the commission of

the offense. If not suitable for use by the Bureau, said

vehicles shall be sold at public auction, the proceeds of

which shall accrue to the Development Fund of the

Bureau.

In case the offender is a government official or employee,

he shall, in addition to the above penalties, be deemed

automatically dismissed from office and permanently

disqualified

from holding any elective or appointive

position.

Section 70. Pasturing Livestock. Imprisonment for not

less than six (6) months nor more than two (2) years and a

fine equal to ten (10) times the regular rentals due, in

addition to the confiscation of such livestock and all

improvement introduced in the area in favor of the

government, shall be imposed upon any person, who

shall, without authority under a lease or permit, graze or

cause to graze livestock in forest lands, grazing lands and

alienable and disposable lands which have not as yet

been disposed of in accordance with the Public Land Act;

Provided, That in case the offender is a corporation,

partnership or association, the officers and directors

thereof shall be liable.

Section 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 two hundred (P200.00) pesos or more than five

hundred (P500.00) 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 for 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 any 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 of 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 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.

Section 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

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 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

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 76. Coercion and influence. Any person who

coerces, influences, abets or persuades the public officer

or employee referred to in the two preceding sections to

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.

Section 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 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

© Compiled By RGL

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