Discussion 2 Flashcards
(54 cards)
Presidential Decree 705
Revised Forestry Code
Republic Act 9175
-Chain Saw Act of 2002
Republic Act 9147-
Wildlife Resources Conservation and Protection Act
-National Integrated Protected Areas System (NIPAS) Act
Republic Act 7586
Republic Act No. 7942 -
Mining Act of 1995
Republic Act No. 7076-
People’s Small Scale Mining Act
Most Common Violations Under RA 9175 and PD 705 are?
Illegal logging (Section 77, PD No. 705)
Unlawful occupation or destruction of forest and grazing lands (Section 78, PD No. 705)
Dipterocarp forest
Alienable and disposable lands
Forest lands
Grazing lands
- this is the cutting, gathering, or collecting timber or other forest products without the necessary permit from the government.
Illegal logging (Section 77, PD No. 705)
- a person unlawfully or illegally enters, stays, and occupies forest or grazing land or destroys the same. The usual violators are the Kaingeros the slash and the burn farmers. This can also be violated through illegal mining and illegal forest settling.
Unlawful occupation or destruction of forest and grazing lands (Section 78, PD No. 705)
- dominated by trees of the dipterocarp species, such as red lauan, tengile, tiaong, white lauan, almon, bagtikan and mayapis.
Dipterocarp forest
- refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes.
Alienable and disposable lands
-include the public forest, the permanent forest or forest reserves, and forest reservations.
Forest lands
are lands where grass or grass-like vegetation grows and is the dominant form of plant life, and are used mainly for animal production.
Grazing lands
there is no cutting permit required for ordinary species (DMC#97-23 & DMC# 99-20. Sec. 2.)
Trees on private lands:
are species which are not premium/endemic hardwoods.
Ordinary species
Up to ___ trees may be cut within a private property without a permit. DENR approval is required if more than ___ trees are involved.
10
If the branches of any tree should extend over a neighboring estate, tenement, garden or yard, the owner of the latter shall have the right to demand that they be cut off insofar as they may spread over his property, and, if it be the roots of a neighboring tree which should penetrate into the land of another, the latter may cut them off himself within his property.”
Civil Code of the Philippines that states: “Article 680.
- any person who is found to be in possession of a chain saw and uses the same to cut trees and timber in forest land or elsewhere except as authorized by the Department shall be penalized with imprisonment of ___________ or a fine of _________
The chain saw unlawfully used shall be likewise confiscated in favor of the government.
Actual Unlawful Use of Chain Saw
Imprisonment of 6 years and one day to 8 years or fine of not less than 30,000 pesos but not more than 50,000 pesos
The chain saw unlawfully used shall be likewise confiscated in favor of the?
government.
Persons Authorized to Possess and Use a Chain Saw
With timber license agreement
Is an orchard and fruit tree farmer
Industrial tree farmer
Is a licensed wood processor and the chainsaw shall be used for the cutting of timber that has been legally sold
Shall use the chainsaw for a legal purpose
- a long term license executed between the Secretary of the DENR and the grantee for the harvesting and removal from the public forest of timber and, in appropriate cases, also of other forest products.
(a) with timber license agreement
- an orchard is an intentional plantation of trees or shrubs that is maintained for food production.
(b) is an orchard and fruit tree farmer
- a person who plants and harvests trees for commercialization.
(c) industrial tree farmer