Penalties for Illegal Occupation and Destruction of Forests

Section 1 further amends Section 2751 of the Revised Administrative Code, as amended.
Republic Act No. 3701 expressly targets unlawful occupation or destruction of forest lands covered by Section 2751.

The statute establishes penalties designed to discourage unlawful destruction and damage of forests and forest products.

Section 2751 prohibits any person, without written permission of the Director of Forestry or his duly authorized representative, from willfully entering upon and occupying any of the following areas: public forest, proclaimed timberland, communal forest, communal pasture, and forest reserve.
Section 2751 prohibits any person, without written permission, from making “caiAgin” therein or in any manner destroying such forest or part thereof.
Section 2751 prohibits any person from causing damage to the timber stand and other forest products and forest growth found within the covered areas.
Section 2751 prohibits any person from assisting, aiding, or abetting another person in committing the prohibited acts.
Section 2751 also prohibits any person from negligently permitting a fire set upon his own premises to be communicated with destructive results to any of the covered public forests.

Section 2751 applies to acts committed in public forests, proclaimed timberland, communal forest, communal pasture, and forest reserve.
Section 2751 applies to any person who commits, permits, assists, aids, abets, or induces prohibited acts within the covered areas.
Section 2751 defines “Actual occupant” for purposes of the good-faith exemption and related provisions as any person who occupies the area for residential purposes, cultivates the land, makes improvements, or derives profits from the land in any manner whatsoever.

Section 2751 imposes penalties on conviction in three location-based categories, with fines measured as multiples of regular government charges on the timber or other forest products unlawfully destroyed, and corresponding imprisonment ranges.
If the offense is committed within a proclaimed timberland or communal forest or communal pasture, the fine is six times the regular government charges, and imprisonment is not less than six months nor more than one year.
If the offense is committed within a forest reserve, the fine is eight times the regular government charges, imprisonment is not less than six months nor more than one year and six months.
If the offense is committed in any public forest other than those in the two preceding categories, the fine is four times the regular government charges, and imprisonment is not less than three months nor more than six months.

Section 2751 directs that in all cases falling under the section, upon conviction the court shall order eviction of the offender from the land.
Section 2751 directs that in all cases falling under the section, the court shall order forfeiture to the Government of any construction or improvement made thereon.
Section 2751 further provides that if the area is reforested or under reforestation, the court shall sentence the accused, in addition to the penalties provided, to pay the government four times the actual damages sustained, as determined by the value of plantings and improvements destroyed and the detriment to the land and vegetation.
Section 2751 provides that whenever a land of the public domain is burned or the timber therein is cut or destroyed without license or permit, the actual occupant is presumed to have burned or cut or destroyed its timber.

Section 2751 provides that no person who occupied any portion of these forests in good faith for more than five years prior to June 8, 1939 shall be subject to the penalty prescribed herein.
Section 2751 provides that if the occupied area is found to be more fitted for agricultural than for timber purposes, the same may be disposed of in favor of the actual occupant or occupants under Commonwealth Act Numbered One hundred and forty-one.

Section 2751 states that any person who employs or induces another to commit acts in violation of the section shall be punished likewise.
Section 2751 penalizes forestry and reforestation officials: Representatives, agents or employees of the Bureau of Forestry and the Reforestation Administration who fail to report and/or prosecute criminally persons who destroy trees and other forest products within their jurisdiction are punished by:
- a fine of not less than two hundred pesos, or
- imprisonment of not less than one month nor more than six months, or
- both fine and imprisonment in the discretion of the court.
Section 2751 further provides that the same officials shall be automatically dismissed from the service.

Section 2751 makes written permission from the Director of Forestry or his duly authorized representative the requirement that allows lawful entry/occupation and related activities.
Section 2751 makes the nature of the act (willful entry/occupation, destruction, damage, assistance/abetment, or negligent permitting of a destructive fire) the basis for the criminal liability described.
Section 2751 links the amount of the fine to the regular government charges on the timber or other forest products unlawfully destroyed, with the fine multiplied depending on the specific type of forest area.