AN ACT TO DISCOURAGE DESTRUCTION OF FORESTS

Case Overview and Summary

Summary of Republic Act No. 3701

Unlawful Occupation or Destruction of Public Forests
- Without written permission from the Director of Forestry or authorized representative, it is unlawful to: (Section 1)
    - Willfully enter and occupy any public forest, proclaimed timberland, communal forest, communal pasture, or forest reserve.
    - Make "caingin" (slash-and-burn farming) or destroy such forests.
    - Cause damage to timber stand, forest products, or forest growth.
    - Assist, aid, or abet others in doing the above.
    - Negligently permit a fire from one's premises to spread to public forests.

Penalties for Violations
- Within proclaimed timberland, communal forest, or communal pasture: (Section 1(a))
    - Fine of six times the regular government charges on the unlawfully destroyed timber or forest products.
    - Imprisonment for not less than six months nor more than one year.
- Within a forest reserve: (Section 1(b))
    - Fine of eight times the regular government charges on the unlawfully destroyed timber or forest products.
    - Imprisonment for not less than six months nor more than one year and six months.
- Within other public forests: (Section 1(c))
    - Fine equivalent to four times the regular government charges on the unlawfully destroyed timber or forest products.
    - Imprisonment for not less than three months nor more than six months.

Additional Penalties
- Eviction of the offender from the land and forfeiture of any construction or improvement made thereon. (Section 1)
- If the area is reforested or under reforestation, the court shall sentence the accused to pay the government four times the actual damages sustained, including the value of plantings and improvements destroyed, and the detriment to the land and vegetation. (Section 1)

Exclusions
- Persons who have occupied any portion of these forests in good faith for more than five years prior to June 8, 1939, shall not be subject to the penalty, and the area may be disposed of in favor of the actual occupant under Commonwealth Act No. 141 if found more suitable for agricultural purposes. (Section 1)

Presumption of Occupation
- Whenever a land of the public domain is burned or the timber therein cut or destroyed without license or permit, the actual occupant shall be presumed to have burned, cut, or destroyed its timber. (Section 1)

Definition of "Actual Occupants"
- "Actual occupants" means 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 1)

Accomplice Liability
- Any person who employs or induces another to commit acts in violation of this section shall likewise be punished. (Section 1)

Penalty for Bureau of Forestry and Reforestation Administration Representatives
- Representatives, agents, or employees who fail to report and/or prosecute criminally persons who destroy trees and other forest products within their jurisdiction shall be 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 at the court's discretion, and shall be automatically dismissed from service. (Section 1)