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person to do so, or sets a fire, or negligently permits a fire to be set in any forest
land shall, upon conviction, be fined in an amount of not less than five hundred
pesos (P500.00) nor more than twenty thousand pesos (P20,000.00) and imprisoned
for not less than six (6) months nor more than two (2) years for each such offense,
and be liable to the payment of ten (10) times the rental fees and other charges
which would have been accrued had the occupation and use of the land been
authorized under a license agreement, lease, license or permit: Provided, That in the
case of an offender found guilty of making kaingin, the penalty shall be imprisoned
for not less than two (2) nor more than (4) years and a fine equal to eight (8) times
the regular forest charges due on the forest products destroyed, without prejudice to
the payment of the full cost of restoration of the occupied area as determined by the
Bureau.
The Court shall further order the eviction of the offender from the land and the
forfeiture to the Government of all improvements made and all vehicles, domestic
animals 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.
[9] P.D. No. 1096.
[10] Republic Act No. 7279.
[11] G.R. No. 180206, February 4, 2009, 578 SCRA 88.
[12] Rollo, p. 166.
[13] Id. at 40.
[14] Id. at 43.
[15] Alex Ampaguey, Sr. in some parts of the records.
[16] Julio Daluyan in some parts of the records.
[17] Rollo, pp. 114-123.
[18] Id. at 31-39.
[19] Id. at 74-76.
[20] Id. at 98-100.
[21] Id. at 75.
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