Dissenting Opinion
-8-
G.R. No. 224469
or implied, to forego the requirements of authority under a license
agreement, lease, license or permit. For one, a proper reading of its title
clearly reveals that E.O. No. 277's purposes are limited only to: (1) penalize
possession of timber or other forest products without the legal documents
required by existing forest laws; (2) authorize the confiscation of illegally
cut, gathered, removed and possessed forest products; and (3) grant rewards
to informers of violations of forestry laws, ~rules and regulations. For
another, the title of subject Section 68 (now Section 77) explicitly states:
"Section 68. Cutting, Gathering and/or Collecting Timber or Other Forest
Products Without License." Thus, the view that E.O. No. 277 removed from
Section 77 of P.D. No. 705 the requirements of licenses and permits so as to
allow other forms of "authority" and sources other than the DENR cannot be
permitted. The law could not be any clearer. As such, it may not be
construed any way other than its plain and simple wording.
WHEREAS, there is an urgency to conserve the remaining forest resources of the country for the
benefit and welfare of the present and future generations of Filipinos;
WHEREAS, our forest resources may be effectively conserved and protected through the vigilant
enforcement and implementation of our forestry laws, rules and regulations;
WHEREAS, the implementation of our forest laws suffers from technical difficulties, due to
certain inadequacies in the penal provisions of the Revised Forestry Code of the Philippines; and
WHEREAS, to overcome these difficulties, there is, a need to penalize certain acts to make our
forestry laws more responsive to present situations and realities;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the
powers vested in me by the Constitution, do hereby order:
SECTION I. Section 68 of Presidential Decree (P.D.) No. 705, as amended, is hereby amended to
read as follows:
"SEC. 68. Cutting, Gathering and/or collecting Timber or Other Forest Products Without
License.- Any person who shall cut, gather, collect, remove timber or other forest products from any
forest land, or timber from alienable or disposable public land, or from private land, without any authority,
or possess timber or other forest products without the legal documents as required under existing forest
laws and regulations, shall be punished with the penalties imposed under Articles 309 and 310 of the
Revised Penal Code: Provided, That in the case of 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.
"The court shall further order the confiscation in favor of the government of the timber or any
forest products cut, gathered, collected, removed, or possessed, as well as the machinery, equipment,
implements and tools illegally used in the area where the timber or forest products are found."
SECTION 2. Presidential Decree No. 705, as amended, is hereby further amended by adding
Sections 68-A and 68-B which shall read as follows:
"SEC. 68-A. Administrative Authority of the Department Head or His Duly Authorized
Representative to Order Confiscation.- In all cases of violations of this Code or other forest laws, rules
and regulations, the Department Head or his duly authorized representative, may order the confiscation of
any forest products illegally cut, gathered, removed, or possessed or abandoned, and all conveyances used
either by land, water or air in the commission of the offense and to dispose of the same in accordance with
pertinent laws, regulations or policies on the matter.
"SEC. 68-B. Rewards to Informants.- Any person who shall provide any information leading to
the apprehension and conviction of any offender for any violation of this Code or other forest laws, rules
and regulations, or confiscation of forest products shall be given a reward in the amount of twenty per
centum (20%) of the proceeds of the confiscated forest products."
SECTION 3. All laws, orders, issuances, rules and regulations or parts thereof inconsistent with
this Executive Order are hereby repealed or modified accordingly.
SECTION 4. This Executive Order shall take effect after fifteen days following its publication
either in the Official Gazette or in a newspaper of general circulation in the Philippines.
DONE in the City of Manila, this 25th day of July, in the year of Our Lord, Nineteen Hun~dred
and
Eighty-Seven.
Published in the Official Gazette, Vol. 83 No. 31, 3528-112 Supp., on August 3, 1987.