Question & AnswerQ&A (Republic Act No. 3701)
The main objective of Republic Act No. 3701 is to discourage the destruction of forests and to further amend Section 2751 of the Revised Administrative Code to strengthen the protection of public forests in the Philippines.
It is unlawful for any person to enter, occupy, or destroy any public forest, proclaimed timberland, communal forest, communal pasture, or forest reserve without written permission from the Director of Forestry or authorized representative, or to negligently permit a fire set on their premises to spread to such forests causing damage.
The written permission must come from the Director of Forestry or his duly authorized representative.
The offender shall suffer a fine of six times the regular government charges upon the timber or other forest products unlawfully destroyed and imprisonment for not less than six months nor more than one year.
The penalty includes a fine of eight times the regular government charges on the timber or forest products unlawfully destroyed and imprisonment for not less than six months nor more than one year and six months.
The court shall order eviction of the offender from the land, forfeiture of any construction or improvement made, and if the area is reforested or under reforestation, the accused shall pay four times the actual damages sustained due to destruction.
Yes, persons who have occupied any portion of these forests in good faith for more than five years prior to June 8, 1939, and whose land is more suited for agricultural use may be exempt and allowed disposal in their favor under Commonwealth Act No. 141.
An 'actual occupant' is a person who occupies the area for residential purposes, cultivates the land, makes improvements, or derives profits from the land in any manner whatsoever.
The law presumes that the actual occupant of the land is responsible for burning or cutting or destroying the timber if done without a license or permit.
Yes, representatives, agents, or employees of the Bureau of Forestry and the Reforestation Administration who fail to report or prosecute forest destruction within their jurisdiction can be fined, imprisoned, and automatically dismissed from service.