Law Summary
Penalties for Violations
- Violations within proclaimed timberland, communal forests, or communal pasture: a fine six times the regular government charges on destroyed forest products, plus imprisonment of 6 months to 1 year.
- Violations within forest reserves: a fine eight times the regular government charges, plus imprisonment of 6 months to 1.5 years.
- Violations in other public forest areas: a fine four times the regular government charges, plus imprisonment of 3 to 6 months.
Additional Judicial Orders
- Courts must order eviction of offenders from the land.
- Any constructions or improvements made by offenders on the land shall be forfeited to the government.
- If the area is reforested or under reforestation, the court shall order payment of damages equal to four times the actual damages sustained, reflecting value of destroyed plantings, improvements, and detriment to land and vegetation.
Exceptions for Good Faith Occupants
- Persons who have occupied any portion of these forests in good faith for more than five years prior to June 8, 1939, are exempt from these penalties.
- If the occupied area is better suited for agriculture than timber, it may be disposed of in favor of the occupant under Commonwealth Act No. 141.
Presumption and Definitions
- In cases where public domain land is burned or timber cut without license or permit, the actual occupant is presumed responsible.
- "Actual occupant" is defined as any person residing on the land, cultivating, making improvements, or deriving profit from it.
Liability for Employing or Inducing Violation
- Persons who employ or induce others to violate these provisions shall be liable and punished accordingly.
Duties and Penalties for Forestry Officials
- Representatives, agents, or employees of the Bureau of Forestry and the Reforestation Administration who fail to report or prosecute offenders will face a fine of no less than 200 pesos, imprisonment from 1 to 6 months, or both.
- Such forestry personnel will also face automatic dismissal from service.
Effectivity
- The law takes effect immediately upon approval.