r.a. 9772 Research for Maasin

8/15/2019 r.a. 9772 Research for Maasin

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Republic of the PhilippinesCONGRESS OF THE PHILIPPINES

Metro Manila

Fourteenth CongressSecond Regular Session

Begun and held in Metro Manila, on Monday, the twenty - seventh day ofJuly, two thousand nine.

Republic Act No !""#

AN ACT I$POSING A LOGGING %AN IN THE PRO&INCE OFSO'THERN LE(TE

Be it enacted by the Senate and House of Representatives of thePhilippines in Congress assembled:

Section ) A logging ban is hereby imposed in the Province of outhern!eyte.

Section # "or purposes of this Act, #logging# shall refer to the process,wor$ or business of cutting down trees for commercial purposes.

Section * %he harvesting of planted species within tree plantations andthe tree cutting activities for pro&ects approved by the government and onlyfor basic services such as, but not limited to, public wor$s, energydevelopment or water utilities are e'empted from this Act( Provided, %hatany harvesting or cutting of tree species shall comply with all pertinentenvironmental and forestry laws, rules and regulations.

Section + %he ecretary of )nvironment and *atural Resources shallissue the necessary rules and regulations for the effective implementation

of this Act.1avvphi1

Section , %his Act shall ta$e effect upon its approval.

Approved,


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%his Act which originated in the +ouse of Representatives was finallypassed by the +ouse of Representatives and the enate on April , /

and July /,, respectively.

Approved( *ovember 01,

GLORIA $ACAPAGAL ARRO(OPresident of the Philippines

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Bugayong 2 bstract $he hilippines has imposed a logging ban

in old growth natural forests since 3443. bout 20 policy

issuances on logging ban and moratorium ha5e likewise been

issued on the second growth natural forests in specic pro5inces

and regions of the country o5er the last three decades 73480s-

2000s9. n analysis of the content process and legality of these

logging ban policies re5eal that the primary ob;ecti5e is topreser5e and protect the remaining natural forests in these areas.

owe5er as these policies ha5e been issued mainly as a reaction

to 5arious en5ironmental crises such as calamitous typhoons

landslides destruction and loss of li5es and property and

unchecked deforestation many sectors ha5e been aected. $he

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forestry industry and the forest-dependent communities as well as

the buying public ha5e taken the brunt of the decreased supply

and increased prices of forest products from the local natural

forests. $he country has become a net e6 pro5inces or nationwide o5er the last three

decades. $here is also a continuing debate in ongress on the

enactment of a law that will totally ban logging in the country for

the ne


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hilippines +os BaEos ollege +os BaEos +aguna >0F3

hilippines #orest land rea in the hilippines $he hilippines is

located in (outheast sia at GH to 20H north of the eDuator or

some 3308 km away from the coast of mainland sia. %t is made

up of more than 8300 islands with three ma;or island groups:+u?on &isayas and 1indanao. %n the 3600s almost 48 percent of

the countryIs total area of F0 million hectares 7ha9 was co5ered

with old growth forest. %n 3460 we had 20 million ha and by 2000

the old growth natural forest has dwindled to only three percent.

s of 200F the forest co5er is estimated to be 8.2 million ha or

merely 20 percent of the countryIs total land area 7$able 39. *f

this about 8G percent is production forest while 2G percent is

protection forest. roduction forests are forest lands used for theproduction of timber and other forest products. rotection forests

are forests on fragile lands and those protected for plant and

animal biodi5ersity conser5ation. #igure 3 shows the map of the

country with estimated land and forest co5er. $able 3. "stimated

forest co5er of the hilippines 200F #orest o5er rea 7ha9 losed

#orest 2G60=82 *pen #orest >0F0G== 1angro5e 2>8F62

lantation #orest F24G8= $otal 836=>00 (ource: #orest

1anagement Bureau A"' #orest +and tili?ation nder the34=8 hilippine onstitution all of the countryIs natural resources

are owned by the state. $he (tate through the Aepartment of

"n5ironment and 'atural esources 7A"'9 manages the

e


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issued since 34=8 and the last remaining are due to e0000 ha 7%#19J to families or peopleIs organi?ations for areas

from 3 to G00 ha 7(%#19 or to community organi?ations li5ing

within or ad;acent to residual or second growth forest areas

7B#19. $able 2 shows the number and area co5ered of %#1

(%#1 B#1 and $+ issued as of 200F. ri5ate land forestry is

also encouraged in the country and the practice is deregulatede034 registered pri5ate forests or plantations with an aggregate

area of >G860.4F ha all o5er the country as of 200G. #igure 3.

1ap showing land co5er of the hilippines 7Bantayan 20039 $able

2. 'umber and area co5ered by %#1 (%#1 B#1 $+

%nstrument 'umber %ssued $enure rea 7ha9 %#1 7as of 200F9 203

83>000 (%#1 7as of 200F9 3G43 F62F8 B#1 7as of 2006938=3 3622324 $+ 7as of 200F9 3G 636000 (ource: #orest

1anagement Bureau A"' +ogging Ban olicies in the hilippines

+ogging moratorium or ban is a policy instrument used by

go5ernment in response to en5ironmental socio-economic

political and other concerns and issues that threaten the forest

and the resources within. $here are o5er 20 policy issuances on

logging ban and moratorium imposed in selected municipalities

pro5inces regions or nationwide o5er the last three decades73480-20009. $he study analy?ed the content of these logging ban

policies specically on the reasons behind their issuance the

ob;ecti5es of the policy as well as the implementation mechanics

including institutional and nancial support for implementing the

policies. %n 3443 the A"' issued Aepartment dministrati5e


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*rder 7A*9 'o. 2> to shift logging from the old growth forests to

the second growth or residual forests. $his national logging ban

no longer allows timber e

following the destructi5e typhoons that hit the pro5inces of urora

and Mue?on causing much damage to li5es and property

hilippine resident rroyo ordered the cancellation of logging

permits in Mue?on pro5ince and suspension of all permits in the

rest of the country. +ater in 1arch 200G then A"' (ecretary1ichael Aefensor lifted the suspension of timber har5esting in

egions 4 7Namboanga eninsula9 33 7Aa5ao9 and ,

7gusan pro5inces9 to address local demands for wood which he

said is still a5ailable in the two regions. rior to both the 3443 and

200> logging ban orders more than 20 policy issuances ha5e

been implemented in specic pro5inces or regions. $hese all

emanated from the resident or from the Aepartment (ecretaries

or egional and ro5incial Airectors. $hese issuances are in theform of e


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urora pro5inces where eG bans logging in the whole island.

$able F. +ist of ro5inces under logging moratorium and ban by

region and year egion ro5ince 7olicy %ssuance Pear9 eason 3-

'" +u?on Q %locos 'orte %locos (ur bra +a nion Baguio ity7residential instructions to 1inister of 'atural esources Rose

+eido Rr. 348G9 Q angasinan 7+*% >04 34869 Q %locos 'orte S (ur

+a nion 7residential directi5e 34=F9 Q (top all timber cutting S

logging Q rotect (ierra 1adre araballo ordillera S Nambales

mountains Q 'ational logging ban e 34=69 Q 'ational logging ban

e


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a5ite +aguna Mue?on i?al 7+*% >04 34869 Q Mue?on eal S

1auban towns 7B#A ircular > 34=29 Q Mue?on %nfanta S

5icinities 7A"' 1oratorium *rder 34429 Q Mue?on urora 7A"'

1emorandum 344>9 Q rotect (ierra 1adre araballo ordillera

S Nambales mountains Q ot spots for illegal logging S transportof illegally cut logs Q %llegal logging hotspots >b -(T +u?on islands

Q 1arinduDue 1indoro *ccidental S *riental omblon

7residential directi5e 34=F9 Q alawan 7A"' dministrati5e

*rder 'o. >G 34429 Q 'ational logging ban e9 Q 'ational

logging ban e


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+anao del (ur 71emorandum *rder 'o. F0 34429 Q 'ational

logging ban e


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authorities and implement specic guidelines on how to

undertake the eld acti5ities 7Bugayong and eralta 20069. 1ost

of the acti5ities listed in many of the issuances relate to forest law

enforcement. #oremost of said acti5ities is the immediate

suspension or prohibition of logging operations and cutting oftrees in the areas co5ered by the moratorium or ban. nother is

the prohibition of occupancy or resource use in the concerned

areas. *ther acti5ities include the in5estigation or 5erication of

non-compliance with forestry laws rules and regulationsJ

cancellation of permits and licensesJ conscation of illegally cut

timber and logging eDuipmentJ and padlocking of sawmills

7Bugayong and eralta 20069. %n terms of institutional and

nancial support for the enforcement of logging ban it is implicitin the policy issuances that the A"' fullls its mandate as

primary enforcer of the logging moratorium and ban using its

regular budget personnel and other resources. %n some instances

though the A"' has coordinated with the police or military and

local go5ernment units for their cooperation in enforcing the ban

within their local ;urisdictions 7Bugayong and eralta 20069.

"ects of the +ogging Ban Tith the e9. $here are not

enough alternati5e opportunities that could absorb the displaced

workers. (ome 30000 establishments are aected by the logging

ban with 2G00 from the furniture e


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industry. 29 %ncreased forest-dependence of displaced workers and

nearby communities. +oss of ;obs and related li5elihood are

pro5en push factors for displaced workers and nearby

communities to e9 %ncreased

wood importation and prices. "5en before the 200> national

logging ban the hilippines has been a net importer of wood

materials. $he loss of domestic wood supply increases the amount

of imported log reDuirements estimated at h23 billion. rices of

wood ha5e increased by >0 percent due to limited supply and

e


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are issued from the entral oCce to the eld oCces to enforce

the bans using e


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%#1 (%#1 %$ etc.9 is in the area of 30F> ha in 200F while the

biggest area planted was 3=824 ha in 344> and the lowest was

382 ha in 344F 7hilippine #orestry (tatistics 200F9. lantation

de5elopment in both public forestlands and pri5ate lands has

been encouraged by go5ernment through ta< e percent of which is found in

pri5ate lands totaling >0G00 ha in 344=. ence assessing the

go5ernmentIs eorts at enforcing the logging bans at the national

le5el lea5es a lot to be desired. owe5er locali?ed eorts at

protecting the forests and reforesting the denuded areas arebeing initiated in some pro5inces. +ocali?ed #orest rotection and

eforestation %nitiati5es $he following initiati5es did not directly

stem from the logging ban imposition. owe5er they are working

models for addressing the need to protect the remaining forest

resources and the need to establish forest plantations or forest

co5er in degraded and denuded lands both for future wood supply

and ecological purposes. $hese locali?ed initiati5es can

complement and contribute to the eecti5e nationalimplementation and enforcement of logging ban. 39 1ulti-sectoral

#orest rotection ommittee rogram $he 1ulti-sectoral #orest

rotection ommittee 71#9 rogram was initiated in 3442 under

the monitoring and enforcement component of the Torld Bank-

funded "n5ironment and 'atural esources (ectoral d;ustment

+oan rogram 7"'-("+9. %n 344= some 244 1#s were

established in four le5els: national regional pro5incial and

municipal with the aim of bringing Uforest protection to thegrassroots by in5ol5ing the 5arious sectors of the communityV

7*li5a 34449. nder the "'-("+ 1#s had the following

functions: Ua9 ser5e as a collection point for information on illegal

forestry acti5ities by tapping the independent networks to which

its members belongJ b9 regularly recei5e and discuss reports from


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A"' specic to routine and special monitoring apprehension

and prosecutorial acti5itiesJ c9 ad5ise A"' and other rele5ant

parties on these acti5itiesJ d9 publici?e the committeeIs

discussions and ndings e9. #urthermore *li5a 734449argues that Ulocal go5ernment units peopleIs organi?ations and

other sectors of the community will be acti5ely in5ol5ed in forest

management if they are gi5en responsibility and stake in the

sustainable de5elopment of the forest resourcesJ WandX that policy

making information and education campaigns forest protection

and community based forestry WareX enhanced if there is an

institutional mechanism where the 5arious sectors of society WcanX

meet and address these problemsV. +ocal e


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areas are proclaimed as such by the resident or by ongress.

owe5er the local go5ernment units can also proclaim protected

areas within their domain through local ordinances. *ne such

e


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institutionali?e logging ban in the two localities to gi5e teeth to its

implementation particularly in de5ol5ing functions to the

concerned local go5ernment units. $he 1B in 'egros *ccidental

is supporti5e of the logging ban Bill in their area. Both pro5inces

are under logging ban (outhern +eyte since 34=2 and 'egros*ccidental since 34=> and both are likewise co5ered in the 200>

national logging ban. F9 $ree-for-+egacy rogram $he $ree-for-

+egacy program was initiated in the pro5ince of 'ue5a &i?caya

7'ortheastern +u?on9 by the A"' and the pro5incial go5ernment

and was later formali?ed through a memorandum of agreement

signed in 200> for the reforestation of a 2>000-ha area of the

+ower 1agat eforestation ro;ect. %n this program persons or

groups are gi5en access to denuded forest lands and are grantedthe pri5ilege to plant trees in said areas. $wo types of pri5ileges

are granted the certicate of tree ownership and certicate of

usufruct. $he former gi5es the tree planter/owner the pri5ilege to

cut the tree while the latter grants the pri5ilege to har5est the

fruit of the trees planted. $he erticates can be transferred

through sale mortgage succession or donation 7*posa 200F9.

$he mountainous pro5ince of 'ue5a &i?caya with 80 percent of

its area classied as forestland is an acknowledged hotspot forillegal logging acti5ities mainly due to the wood-based furniture

industry that the region is well-known for. $he pro5ince has been

placed under logging ban and moratorium in 34=2 34=6 and

3440 by the A"' because of forestry 5iolations by logging

companies particularly e national

logging ban. $he $ree-for-+egacy program is a local initiati5e that

actually de5ol5es the function of managing the forest resources


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from the A"' to the local go5ernment. $he +ocal ,o5ernment

ode 7epublic ct 83609 mandates local go5ernment units to

Ushare with the national go5ernment the responsibility 7for9 the

management and maintenance of ecological balance within their

territorial ;urisdictionV W(ec. F 7i9X. +ocal oCcials also ha5e specicen5ironmental powers and duties such as UWadoptingX adeDuate

measures to safeguard and conser5e land marine and forest

resources of the pro5inceV 7(ec. >6G rticle 3 owers of the

ro5incial ,o5ernor9. $hese functions coupled with strong support

and acti5e participation of the citi?enry has spurred the

reforestation success of the $ree-for-+egacy program e5en while

the logging ban is in place. "orts are being done to e


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guarantee the protection of remaining forest co5er since other

technical institutional and socioeconomic conditions pre5ail.

$hus priority should be gi5en to analy?ing the problem before

coming up with solutions such as a logging ban. #orestry

particularly logging is an economic acti5ity which impacts a lot of people so that the conseDuences of logging ban should be

carefully studied before it is implemented. 29 "


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or ;ust a temporary solution to our current en5ironmental

problems. >9 ro5ision of the necessary wherewithal for an

eecti5e implementation. $his means that adeDuate nancial

technical and institutional support should be pro5ided. nless

this is considered and pro5ided adeDuately this policy will ;ustremain on paper or can ne5er be implemented eecti5ely. G9

ddress po5erty issues in forest land areas. $he most directly

aected sectors are the forest-dependent upland communities

displaced workers in logging and related industries and nearby

communities of areas under logging ban. olicy makers ha5e to

address the need for alternati5e non-forest-based li5elihood for

these people because po5erty and lack of economic opportunity

pushes them to the forests for subsistence. %t is only when theirbasic needs are met can they become partners in protecting the

forests in their midst. 69 %ntensied information education and

communication. $he le5el of knowledge awareness and

consciousness of a people would dene how they react to stimuli.

%n many places logging ban has been ineecti5e simply because

the local populace is not aware of the policy and how it impacts

their li5es and the en5ironment around them. %n areas where

logging ban is successful the key factor is informing the public onits purposes and how they can contribute to its enforcement

specically by being 5igilant to forest crimes and doing something

about it. 89 +ocal participation in forest protection law

enforcement and reforestation. "


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ser5ed. *f course there are still hitches in the de5olution process

since it is relati5ely new and the +,s still ha5e to get the hang of

it. But there are potentials for successful forest protection law

enforcement and reforestation at the local le5els particularly with

multi-sectoral participation. =9 (trict monitoring and feedbacksystem. *ne of the ma;or pitfalls of logging ban enforcement in

the past is the la< enforcement and monitoring for a lot of

reasons e.g. graft and corruption limited resources lack of

political and institutional support etc. $hese could be addressed

by systematically re5iewing the e. 1ultisectoral #orest rotection %nitiati5es:

hilippines. Bantayan '. 2003. ,%( 1aps of the hilippines.

("'-@orean "n5ironmental ooperation rogram. ni5ersity ofthe hilippines ollege of #orestry and 'atural esource ollege

+aguna hilippines. Bugayong +.. and ".*. eralta. 2006.

nalysis of the ontent rocess and +egality of the +ogging

1oratorium and Ban olicies in the hilippines. $erminal eport.

#orestry Ae5elopment enter ni5ersity of the hilippines +os

BaEos ollege of #orestry and 'atural esources ollege

+aguna hilippines. hamber of #urniture %ndustries of the

hilippines. 200G. *f +ogging Bans and the #urniture %ndustry:(tatement of the hamber of #urniture %ndustries of the

hilippines. http://cp.com.ph.36.m6.net/news/news-inde


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@itanglad ange 'atural ark " at %nterlaken

(wit?erland. *li5a .&. 3444. (ustainable #orest 1anagement

through 1ultisectoral #orest rotection ommittees: hilippine

"


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de5elopment public works or water utilities any har5esting

or cutting of tree species shall comply with all pertinent

forestry and en5ironmental laws such as but not limited to

.A. 'o. 80G otherwise known as the Ue5ised #orestry ode

of the hilippinesV as amendedJ residential Aecree 'o.3G=6 otherwise known as U"n5ironmental %mpact (tatement

(ystemV and other applicable rules and regulations.

EXPLANATORY NOTE

2ur forests are at the mercy of those who rape the environment byengaging in illegal logging activities to satisfy selfish commercial motives.

ome government officials who are supposed to lead the crusade to protectthe environment abet this revolting practice. 3orse, a big portion of fundsearmar$ed for the reforestation program of the government goes to thepoc$ets of unscrupulous individuals.

%he elimination of our forest cover has caused the erosion of the area4sfragile topsoil destroying rich agricultural land and even fishing grounds.%he siltation of riverbeds, irrigation canals and estuaries eventually follow.%his destroys the marine ecosystem when coral reefs are covered by

siltation caused by soil erosion. %hese misfortunes would have been

avoided had the forests been protected from illegal logging.5n order to save our remaining forests and to ensure the successful

reforestation of the badly denuded areas, 6ongress should impose a totallog ban in forests, timberland, forest reserves and watersheds for the ne'ttwenty-five 789 years.

5n view of the urgent need to stop the rapid deforestation of our forests,the immediate approval of this Act is therefore re:uested.

AQUILINO Q. PIMENTEL JR.

AN ACT

TOTALL( %ANNING LOGGING OPERATIONS FOR THE NE-TT.ENT(/FI&E (EARS


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Be it enacted by the Senate and House of Representatives of thePhilippines in Congress assembled:

SECTION ). Declaration of Policy - 5t is hereby declared a Policy ofthe tate to prohibit logging operations of any $ind in any forest, timber land,forest reserve or watershed for the ne't twenty-five 789 years.

SECTION #. Prohibited !cts - 5t shall be unlawful for any person tocut, fell or destroy any tree standing on any forest, timber land, forestreserve or watershed within the ne't twenty-five 789 years from the approvalof this Act. %his prohibition shall not apply to trees grown in legitimatecommercial tree farms.

SECTION *. Penalties - Any person who violates this Act shall bepunished by imprisonment of not less than five 789 years but not more thanten 709 years.

Any &uridical entity that violates this Act shall forfeit its license or permitto do business in the Philippines. 5n addition, it shall be made to pay a fineof not less than "ive hundred thousand pesos 7 e: 27P,;98,.9 butnot more than "ive million pesos 7 e: 27P,;98,,.9 at the discretionof the 6ourt. %he 6hairman and


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president and the manager/s of said corporation or association or

its agent or representati5e in the hilippines in the case of a

foreign corporation or association shall be held liable.

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$ALACA0AN PALACE$ANILA%( THE PRESI1ENT OF THE PHILIPPINES

E-EC'TI&E OR1ER NO #*

1ECLARING A $ORATORI'$ ON THE C'TTING AN1 HAR&ESTINGOF TI$%ER IN THE NAT'RAL AN1 RESI1'AL FORESTS AN1

CREATING THE ANTI/ILLEGAL LOGGING TAS2 FORCE

.HEREAS3 the entire country has been a witness to the ever-changingclimatic conditions brought about by the !a *i=a phenomenon>

.HEREAS, the destructive effects of the phenomenon on the environmentare apparent in many regions in the country and it is an accepted fact thatthe effects are worsened due to the continuous denudation of the forest?ones>

.HEREAS3 the watersheds and the river systems supporting e'isting or

proposed hydroelectric power facilities, irrigation wor$s or e'isting water facilities are in need of immediate protection and rehabilitation>

.HEREAS3 it is the obligation of the tate to protect the remaining forestcover areas of the country not only to prevent flash floods and ha?ardousflooding but also to preserve biodiversity, protect threatened habitats andsanctuaries of endangered and rare species, and allow naturalregeneration of residual forests and development of plantation forests>

.HEREAS, it is imperative to arrest the degradation, pollution and

contamination of the river and water systems and to stem the wantondestruction of the forest resources>

.HEREAS3 Article @55, ec. of the 0/ Philippine 6onstitutionalprovides that the e'ploration, development, and utili?ation of naturalresources shall be under the full control and supervision of the tateC.


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NO.3 THEREFORE3 I %ENIGNO S A4'INO3 III3 President of thePhilippines, by virtue of the powers vested in me by law, do hereby order(

Section ) 1e5inition o5 Ter6s. "or the purpose of this )'ecutive 2rder,the following terms shall be defined(

0.0 Forest Land D it includes public forest, permanent forest or forestreserves, and forest reservations.

0. Natural and Residual Forests/ are forests composed of indigenoustrees, not planted by man.

0.1 Plantation Forest D is a forest where the trees were planted pursuantto a management agreement with the E)*R.

0.F Integrated Forest $anage6ent Agree6ent 7IF$A8 D is a productionsharing contract entered into by and between the E)*R and a :ualifiedapplicant wherein the E)*R grants to the latter e'clusive right to develop,manage, protect and utili?e a specified area of forest land and forestresources therein for a specified period consistent with the principle of sustainable development and in accordance with an approved6omprehensive Eevelopment and Management Plan 76EMP9.

0.8 Sociali9ed Integrated Forest $anage6ent Agree6ent 7SIF$A8 D is

an agreement entered into by and between a natural or &uridical person andthe E)*R wherein the latter grants to the former the right to develop, utili?eand manage a small tract of forest land consistent with the principle of sustainable development.

0.G Co66unit:/%ased Forest $anage6ent 7C%F$A8 D is an agreemententered into by and between the government and the local community in alocality, represented by a peopleHs organi?ation as forest managers, for aspecific period wherein the local community is allowed to develop, utili?eand manage a small tract of forest land consistent with the principle of

sustainable development.

0. National Greening Progra6 D is a EA-E)*R-EAR 6onvergence5nitiative anchored on the governmentHs goal of poverty reduction, food,security, climate change adaptation and mitigation.


26/54

Section # $oratoriu6 on the Cutting and Har;esting o5 Ti6ber in theNatural Forests D A moratorium on the cutting and harvesting of timber inthe natural and residual forests of the entire country is hereby declaredunless lifted after the effectivity of this )'ecutive 2rder. 5n order toimplement this policy, the following are hereby instituted(

.0 %he E)*R is henceforth hereby prohibited form issuing loggingcontracts


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.G %he E)*R through the EA-E)*R-EAR 6onvergence 5nitiative, shalldevelop a *ational reening Program *P in cooperation with theEepartment of )ducation 7Eep)d9 and the 6ommission on +igher )ducation 76+)E9 to initiate the educational drive campaign> theEepartment of 5nterior and !ocal overnment 7E5!9 to help in establishingcommunal tree farms for firewood and other purposes> the Eepartment of ocial 3elfare and Eevelopment 7E3E9 to identify the upland farmerscovered by the *P as priority beneficiaries of the conditional cash transfer program> the Eepartment of Budget and Management 7EBM9 to provide thefunds for the production of :uality seedlings for the *P from availablefunds of the government> and the private sector and other concernedagencies


28/54

funds of the government. Release of the additional amounts shall besub&ect to the approval of the President.

Section + Repealing Clause. All e'ecutive orders, rules, and regulationsand other issuances or parts thereof which are inconsistent with this)'ecutive 2rder are hereby revo$ed, amended, andR)'ecutive ecretary

--

ot against EO #*3 but

Maila Kas:ue?, the associationHs deputy director, said the over 0,

members of the wood industry are not against the )2 but would li$e to see

the law going through its destined path of implementation.#

he said the group is waiting for the )2Hs implementing rules and

regulations that now remain to be drafted by the newly formed anti-illegal

logging tas$ force.

3e remain $een that the government will see for themselves that our


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members adhere to sustainable management practices and this might lift

the moratorium or at least allow responsible companies to operate again,#

Kas:ue? said.

%he association said a third of the countryHs annual timber consumption ofthree million cubic meters comes from local production. Another third

comes from imports while the remaining portion comes from dubious

sources, the association added.

%he 3ood Producers Association comprises 8G regular members and

associate members, including large wood processors, holders of integrated

forest management agreements, wood traders, and providers of related

hardware, materials, and services. ? @ith Paterno Es6auel II B&S G$ANe@s - ee more at(http(


30/54

usta!na%!&!t/ o) t$e t!m%er resour"es as a too& to#ards e"onom!" (rodu"t!'!t/ and (rote"t!on o) t$een'!ronment t$rou+$ t$e

ma!ntenan"e o) an adeuate %a&an"e %et#eenresour"e +ro#t$ and t!m%er dra!n are %as!" (o&!"!es o) *o'ernment.

( e t i o n 1 . O " 2 e t

i v e s -

n "onsonan"e #!t$ t$ea%o'e (o&!"/, t$ere !s a need )or t$e esta%&!s$ment o) an e))e"t!'e Lo+ontro& and -on!tor!n+ /stem

3L-4 #!t$ a '!e# to atta!n!n+ t$e)o&&o#!n+

o%e"t!'es62.1tandard!e +at$er!n+ o) t!m%er resour"es data )or eas/ stora+e,retr!e'a& and

aud!t82.2/stemat!e t$e tra"!n+ o) &o+ and &um%er )&o#s )rom sour"e toend

users82.:O(t!m!e ut!&!at!on o) t$e t!m%er resour"es82.;Pro'!de !n)ormat!on )or

t$e u(dat!n+ o) t!m%er


31/54

?or (ur(ose o) "&ar!)!"at!on, t$!s Adm!n!strat!'e Order $ere%/ amends DAO0, ser!es

o) 197, to #!t6 A de(os!t eu!'a&ent to t$e est!mated )orest"$ar+es %ased on t$e 100 !n'entor/ o) $ar'esta%&e trees s$a&& %emade

%e)ore t$e "ondu"t o) $ar'est o(erat!ons !n an/ &o++!n+ setu( or "utt!n+ %&o". A re"on"!&!at!on %et#een t$e de(os!ted amount and t$e

;

)orest "$ar+es (a/a%&e %ased on t$e a"tua& s"a&ed 'o&ume s$a&& %eundertaen !mmed!ate&/ a)ter t$e setu( $as %een &o++edo'er.

( e t i o n . P e n a / t $

* / a # s e ?orest (rodu"tse>tra"ted trans(orted and


32/54

--

%1+"1"'$%', +"( 'A ",+$%*'( 7%9 *# "B+% $ '*. 436G

*$"T%(" @'*T' ( $" U*1""'(%&" A',"*( A,( $ *# 2002V

$"(" +"( 'A ",+$%*'( " ""BP *1+,$"A $* %1+"1"'$ $"

*&%(%*'( *# "B+% $ '*. 436G *$"T%(" @'*T' ( $"

U*1""'(%&" A',"*( A,( $ *# 2002V. ("$%*' 3. $his % issued

and promulgated pursuant to (ection 4> of 436G shall be referred to as the

Z*1""'(%&" A',"*( A,( +"( *# 2002.Z ("$%*' 2. Aeclaration of

olicy. %t is the policy of the (tate to safeguard the integrity of its territory and the

well-being of its citi?enry particularly the youth from the harmful eects of

dangerous drugs on their physical and mental well-being and to defend the same

against acts or omissions detrimental to their de5elopment and preser5ation. %n

5iew of the foregoing the (tate needs to enhance further the eCcacy of the law

against dangerous drugs it being one of todayIs more serious social ills. $oward this

end the go5ernment shall pursue an intensi5e and unrelenting campaign against

the traCcking and use of dangerous drugs and other similar substances through an

integrated system of planning implementation and enforcement of anti-drug abuse

policies programs and pro;ects. $he go5ernment shall howe5er aim to achie5e a

balance in the national drug control program so that people with legitimate medical

needs are not pre5ented from being treated with adeDuate amounts of appropriatemedications which include the use of dangerous drugs. %t is further declared the

policy of the (tate to pro5ide eecti5e mechanisms or measures to reintegrate into

society indi5iduals who ha5e fallen 5ictims to drug abuse or dangerous drug

dependence through sustainable programs of treatment and rehabilitation. $%+"

% A"#%'%$%*' *# $"1( ("$%*' F. Aenitions. - s used in this % the following

terms shall mean: 7a9 ccreditation - the formal authori?ation issued by the

Aepartment of ealth 7A*9 to an indi5idual partnership corporation or association

to operate a laboratory and rehabilitation facility after compliance with the

standards set at a ma


33/54

dependents as referred to in (ection 8G rticle &%%% of the ct. %t includes

institutions agencies and the like whose purposes are: the de5elopment of skills

arts and technical know-howJ counselingJ and/or inculcating ci5ic social and moral

5alues to drug patients with the aim of weaning them away from dangerous drugs

and keeping them drug-free adapted to their families and peers and read;usted

into the community as law abiding useful and producti5e citi?ensJ 7f9 hemicalAi5ersion - the sale distribution supply or transport of legitimately imported in-

transit manufactured or procured controlled precursors and essential chemicals in

diluted mi


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dangerous drug with or without the use of prescriptionJ 7r9 Arug Aependence as

based on the Torld ealth *rgani?ation denition it is a cluster of physiological

beha5ioral and cogniti5e phenomena of 5ariable intensity in which the use of

psychoacti5e drug takes on a high priority thereby in5ol5ing among others a strong

desire or a sense of compulsion to take the substance and the diCculties in

controlling substance-taking beha5ior in terms of its onset termination or le5els ofuseJ 7s9 Arug Aependent refers to a person suering from drug dependenceJ 7t9

Arug (yndicate any organi?ed group of two 729 or more persons forming or ;oining

together with the intention of committing any oense prescribed under the ctJ 7u9

"mployee of Aen Ai5e or esort the caretaker helper watchman lookout and

other persons working in the den di5e or resort employed by the maintainer

owner and/or operator where any dangerous drug and/or controlled precursor and

essential chemical is administered deli5ered distributed sold or used with or

without compensation in connection with the operation thereofJ 759 #inancier any

person who pays for raises or supplies money for or underwrites any of the illegal

acti5ities prescribed under the ctJ 7w9 %llegal $raCcking the illegal culti5ation

culture deli5ery administration dispensation manufacture sale trading

transportation distribution importation e


35/54

class and character of mari;uana whether dried or fresh and Oowering Oowering or

fruiting tops or any part or portion of the plant and seeds thereof and all its

geographic 5arieties whether as a reefer resin e


36/54

member of the communityJ 7oo9 (chool any educational institution pri5ate or

public undertaking educational operation for pupils/students pursuing certain

studies at dened le5els recei5ing instructions from teachers usually located in a

building or a group of buildings in a particular physical or cyber siteJ 7pp9 (creening

$est a rapid test performed to establish potential/presumpti5e positi5e result. %t

refers to the immunoassay test to eliminate a Unegati5eV specimen i.e. one withoutthe presence of dangerous drugs from further consideration and to identify the

presumpti5ely positi5e specimen that reDuires conrmatory testJ 7DD9 $rading

transactions in5ol5ing the illegal traCcking of dangerous drugs and/or controlled

precursors and essential chemicals using electronic de5ices such as but not limited

to te. %mportation of Aangerous Arugs and/or ontrolled

recursors and "ssential hemicals. - $he penalty of life imprisonment to death and

a ne ranging from #i5e hundred thousand pesos 7G00000.009 to $en million pesos

730000000.009 shall be imposed upon any person who unless authori?ed by law

shall import or bring into the hilippines any dangerous drug regardless of the

Duantity and purity in5ol5ed including any and all species of opium poppy or any

part thereof or substances deri5ed therefrom e5en for Ooral decorati5e and culinary

purposes. $he penalty of imprisonment ranging from twel5e 7329 years and one 739

day to twenty 7209 years and a ne ranging from *ne hundred thousand pesos

7300000.009 to #i5e hundred thousand pesos 7G00000.009 shall be imposed upon

any person who unless authori?ed by law shall import any controlled precursorand essential chemical. $he ma


37/54

authori?ed by law shall sell trade administer dispense deli5er gi5e away to

another distribute dispatch in transit or transport any dangerous drug including

any and all species of opium poppy regardless of the Duantity and purity in5ol5ed

or shall act as a broker in any of such transactions. $he penalty of imprisonment

ranging from twel5e 7329 years and one 739 day to twenty 7209 years and a ne

ranging from *ne hundred thousand pesos 7300000.009 to #i5e hundred thousandpesos 7G00000.009 shall be imposed upon any person who unless authori?ed by

law shall sell trade administer dispense deli5er gi5e away to another distribute

dispatch in transit or transport any controlled precursor and essential chemical or

shall act as a broker in such transactions. %f the sale trading administration

dispensation deli5ery distribution or transportation of any dangerous drug and/or

controlled precursor and essential chemical transpires within one hundred 73009

meters from the school the ma


38/54

complaint shall specically allege that such place is intentionally used in the

furtherance of the crimeJ ro5ided further that the prosecution shall pro5e such

intent on the part of the owner to use the property for such purposeJ ro5ided

nally that the owner shall be included as an accused in the criminal complaint.

$he ma


39/54

ontrolled recursors and "ssential hemicals. - $he penalty of imprisonment

ranging from twel5e 7329 years and one 739 day to twenty 7209 years and a ne

ranging from *ne hundred thousand pesos 7300000.009 to #i5e hundred thousand

pesos 7G00000.009 shall be imposed upon any person who unless authori?ed by

law shall illegally di5ert any controlled precursor and essential chemical. ("$%*'

30. 1anufacture or Aeli5ery of "Duipment %nstrument pparatus and *theraraphernalia for Aangerous Arugs and/or ontrolled recursors and "ssential

hemicals. - $he penalty of imprisonment ranging from twel5e 7329 years and one

739 day to twenty 7209 years and a ne ranging from *ne hundred thousand pesos

7300000.009 to #i5e hundred thousand pesos 7G00000.009 shall be imposed upon

any person who shall deli5er possess with intent to deli5er or manufacture with

intent to deli5er eDuipment instrument apparatus and other paraphernalia for

dangerous drugs knowing or under circumstances where one reasonably should

know that it will be used to plant propagate culti5ate grow har5est manufacture

compound con5ert produce process prepare test analy?e pack repack store

contain or conceal any dangerous drug and/or controlled precursor and essential

chemical in 5iolation of the ct. $he penalty of imprisonment ranging from si< 769

months and one 739 day to four 7>9 years and a ne ranging from $en thousand

pesos 730000.009 to #ifty thousand pesos 7G0000.009 shall be imposed if it will

be used to in;ect ingest inhale or otherwise introduce into the human body a

dangerous drug in 5iolation of the ct. $he ma


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comprehensi5e integrated unied and balanced national drug abuse pre5ention

and control strategy. %t shall be under the *Cce of the resident. ("$%*' 8=.

omposition of the Board. $he Board shall be composed of se5enteen 7389

members wherein three 7F9 of which are permanent members the other twel5e 7329

members shall be in an e


41/54

resident of the hilippines the appointment of an "


42/54

controlled precursors and essential chemicals control in coordination with the

(upreme ourt to meet the ob;ecti5es of the national drug control programsJ 7h9

Aesign and de5elop in consultation and coordination with the A* A(TA and

other agencies in5ol5ed in drugs control treatment and rehabilitation both public

and pri5ate a national treatment and rehabilitation program for drug dependents

including a standard after-care and community ser5ice program for reco5ering drugdependentsJ 7i9 Aesign and de5elop ;ointly with the A*+" and in consultation with

labor and employer groups as well as non-go5ernment organi?ations a drug abuse

pre5ention program in the workplace that would include a pro5ision for employee

assistance programs for emotionally-stressed employeesJ 7;9 rescribe and

promulgate rules and regulations go5erning the establishment of such centers

networks and laboratories as deemed necessary after conducting a feasibility study

in coordination with the A* and other go5ernment agenciesJ 7k9 %nitiate and

authori?e closure proceedings against non-accredited and/or substandard

rehabilitation centers based on 5eried reports of human rights 5iolations

subhuman conditions inadeDuate medical training and assistance and e


43/54


44/54

conscated or forfeited and other income authori?ed and imposed under the ct

including ten per cent 730K9 of all unclaimed and forfeited sweepstakes and lotto

pri?es but not less than $wel5e million pesos 732000000.009 per year from the

hilippine harity (weepstakes *Cce 7(*9 and #i5e million pesos

7G000000.009 a month from ,,* which shall constitute as special account in

the general fund for the implementation of the ct e


45/54

current operating and capital outlay reDuirement of the programs pro;ects and

acti5ities of the Board and the A" including those funded from the (pecial

ccount in the ,eneral #und 7(,#9 constituted under (ection =8 of the ct and the

ne


46/54

reports prescribed elsewhere in this % the hairperson of the Board shall submit

to the resident of the hilippines and to the presiding oCcers of the two chambers

of ongress within fteen 73G9 days from the opening of the regular session an

annual report on the dangerous drugs situation in the country which shall include

detailed account of the programs and pro;ects undertaken statistics on crimes

related to the dangerous drugs e


47/54

the member of the law enforcement agency or any other go5ernment employee

mentioned in the preceding paragraph shall be penali?ed with imprisonment of not

less than two 729 months and one 739 day but not more than si< 769 years and a ne

of not less than $en thousand pesos 730000.009 but not more than #ifty thousand

pesos 7G0000.009 and in addition perpetual absolute disDualication from public

oCce if despite due notice to them and to the witness concerned the former doesnot e9 hours

from its appro5alJ ro5ided further that his/her immediate superior shall be

penali?ed with imprisonment of not less than 729 months and one 739 day but not

more than si< 769 years and a ne of not less than $en thousand pesos 730000.009

but not more than #ifty thousand pesos 7G0000.009 and in addition perpetual

absolute disDualication from public oCce should he/she fail to notify the court in

writing of such order to transfer or re-assign. rosecution and punishment under this

(ection shall be without pre;udice to any liability for 5iolation of any e


48/54

and current pattern of abuseJ 7e9 $he scope duration and signicance of abuseJ 7f9

isk to public healthJ and 7g9 Thether the substance is an immediate precursor of a

substance already controlled under the ct. $he Board shall also take into accord

the obligations and commitments to international treaties con5entions and

agreements to which the hilippines is a signatory. $he Aangerous Arugs Board

shall gi5e notice to the general public of the public hearing of the reclassicationaddition to or remo5al from the list of any drug by publishing such notice in any

newspaper of general circulation once a week for two 729 weeks. $he eect of such

reclassication addition or remo5al shall be as follows: 7a9 %n case a dangerous drug

is reclassied as precursor and essential chemical the penalties for the 5iolations of

the ct pertaining to precursors and essential chemicals shall in case of con5iction

be imposed in all pending criminal prosecutionsJ 7b9 %n case a precursor and

essential chemical is reclassied as dangerous drug the penalties for 5iolations of

the ct in5ol5ing precursors and essential chemicals shall in case of con5iction be

imposed in all pending criminal prosecutionsJ 7c9 %n case of the addition of a new

drug to the list of dangerous drugs and precursors and essential chemicals no

criminal liability in5ol5ing the same under the ct shall arise until after the lapse of

fteen 73G9 days from the last publication of such noticeJ 7d9 %n case of remo5al of a

drug from the list of dangerous drugs and precursors and essential chemicals all

persons con5icted and/or detained for the use and/or possession of such a drug

shall be automatically released and all pending criminal prosecution in5ol5ing such

a drug under the ct shall forthwith be dismissedJ and 7e9 $he Board shall within

5e 7G9 days from the date of its promulgation submit to ongress a detailed

reclassication addition or remo5al of any drug from the list of dangerous drugs.

$%+" [%% #%'+ *&%(%*'( ("$%*' 4>. ongressional *5ersight ommittee on

Aangerous Arugs 7*AA9. - $he *AA created under (ection 4G of the ct shall

be composed of se5en 789 1embers from the (enate and se5en 789 1embers fromthe ouse of epresentati5es. $he 1embers from the (enate shall be appointed by

the (enate resident based on the proportional representation of the parties or

coalitions therein with at least two 729 (enators representing the 1inority. $he

1embers from the ouse of epresentati5es shall be appointed by the (peaker also

based on the proportional representation of the parties or coalitions therein with at

least two 729 1embers representing the 1inority. $he *AA shall be headed by the

respecti5e hairpersons of the (enate ommittee on ublic *rder and %llegal Arugs

and the ouse of epresentati5es ommittee on Aangerous Arugs. ("$%*' 4G.

owers and #unctions of the *AA. - $he *AA shall in aid of legislation

perform the following functions among others: 7a9 $o set the guidelines and o5erallframework to monitor and ensure the proper implementation of the ctJ 7b9 $o

ensure transparency and reDuire the submission of reports from go5ernment

agencies concerned on the conduct of programs pro;ects and policies relating to

the implementation of the ctJ 7c9 $o appro5e the budget for the programs of the

*AA and all disbursements therefrom including compensation of all personnelJ

7d9 $o submit periodic reports to the resident of the hilippines and ongress on

the implementation of the pro5isions of the ctJ 7e9 $o determine inherent


49/54

weaknesses in the law and recommend the necessary remedial legislation or

e


50/54


51/54


52/54

$he "


53/54

$he $ask #orce is to be chaired by the A"'(ecretary or his duly authori?ed representati5e. $o assist him are the heads orrepresentati5es of the Aepartment of %nterior and +ocal ,o5ernment Aepartment of'ational Aefense hilippine 'ational olice and rmed #orces of the hilippines. (aidagencies are also mandated to assist the A"' in enforcing other e2 million to F06 million.

$he good news about this "* is that more tree plantations could sprout as a result of the logban. %t could pa5e the way for the de5elopment of more tree farms and industrial treeplantations necessary to impro5e timber supply. (ecretary a;e stressed that Utimber


54/54

e

Documents

r.a. 9772 Research for Maasin