Republic of the Philippines

CONGRESS OF THE PHILIPPINES

Metro Manila
Fourteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty - seventh day of
July, two thousand nine.
Republic Act No. 9772
AN ACT IMPOSING A LOGGING BAN IN THE PROVINCE OF
SOUTHERN LEYTE
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
Section 1. A logging ban is hereby imposed in the Province of Southern
Leyte.
Section 2. For purposes of this Act, "logging" shall refer to the process,
work or business of cutting down trees for commercial purposes.
Section 3. The harvesting of planted species within tree plantations and
the tree cutting activities for projects approved by the government and only
for basic services such as, but not limited to, public works, energy
development or water utilities are exempted from this Act: Provided, That
any harvesting or cutting of tree species shall comply with all pertinent
environmental and forestry laws, rules and regulations.
Section 4. The Secretary of Environment and Natural Resources shall
issue the necessary rules and regulations for the effective implementation
of this Act.1avvphi1
Section 5. This Act shall take effect upon its approval.
Approved,

This Act which originated in the House of Representatives was finally

passed by the House of Representatives and the Senate on April 29, 2008
and July 28,2009, respectively.

Approved: November 13, 2009

GLORIA MACAPAGAL ARROYO
President of the Philippines

-http://userpage.fuberlin.de/ffu/akumwelt/bc2006/papers/Bugayong_06BerlinConfere
nce.pdf\
EFFECTIVENESS OF LOGGING BAN POLICIES IN PROTECTING THE
REMAINING NATURAL FORESTS OF THE PHILIPPINES 1 Leonida A.
Bugayong 2 Abstract The Philippines has imposed a logging ban
in old growth natural forests since 1991. About 20 policy
issuances on logging ban and moratorium have likewise been
issued on the second growth natural forests in specific provinces
and regions of the country over the last three decades (1970s2000s). An analysis of the content, process and legality of these
logging ban policies reveal that the primary objective is to
preserve and protect the remaining natural forests in these areas.
However, as these policies have been issued mainly as a reaction
to various environmental crises such as calamitous typhoons,
landslides, destruction and loss of lives and property, and
unchecked deforestation, many sectors have been affected. The

forestry industry and the forest-dependent communities as well as

the buying public have taken the brunt of the decreased supply
and increased prices of forest products from the local natural
forests. The country has become a net exporter of logs and other
processed wood products since the late 1980s. The paper
discusses the findings of the study on the content, process and
legality of logging ban policies in the Philippines and how effective
these policies have been in the protection of the remaining
natural forests of the country. The study forwards some
institutional and social reforms in the policy making and
implementation process of the country with regards to its forests
and natural resources. Introduction Logging ban or moratorium is
a policy instrument used by government in response to
environmental, socio-economic, political and other concerns and
issues that threaten the forest and the resources within. There are
more than 20 policy issuances on logging ban and moratorium
imposed in over 46 provinces or nationwide over the last three
decades. There is also a continuing debate in Congress on the
enactment of a law that will totally ban logging in the country for
the next 10 to 20 years although the bill has yet to be approved in
both Houses. This paper discusses the results of an analysis of the
content, process, and legality of the logging ban policy issuances
in the Philippines. The study reviewed and analyzed existing
literature, field reports, articles, and case studies on logging ban.
Key informants were likewise interviewed to validate the results of
the content and process analyses of the various policy issuances.
The study forwards some key institutional and social reforms for
policy making and effective implementation of forest and natural
resources management policies. 1 Paper presented at the 2006
Berlin Conference on Human Dimensions of Global Environmental
Change Resource Policies: Effectiveness, Efficiency, and Equity,
held at Freie University, Berlin, Germany, on 17-18 November
2006 2 University Researcher, Forestry Development Center,
College of Forestry and Natural Resources, University of the

Philippines Los Baos, College, Los Baos, Laguna 4031

Philippines Forest land Area in the Philippines The Philippines is
located in Southeast Asia at 5 to 20 north of the equator or
some 1,107 km away from the coast of mainland Asia. It is made
up of more than 7,100 islands with three major island groups:
Luzon, Visayas, and Mindanao. In the 1600s, almost 97 percent of
the countrys total area of 30 million hectares (ha) was covered
with old growth forest. In 1960, we had 20 million ha and by 2000,
the old growth natural forest has dwindled to only three percent.
As of 2003, the forest cover is estimated to be 7.2 million ha or
merely 20 percent of the countrys total land area (Table 1). Of
this, about 75 percent is production forest while 25 percent is
protection forest. Production forests are forest lands used for the
production of timber and other forest products. Protection forests
are forests on fragile lands and those protected for plant and
animal biodiversity conservation. Figure 1 shows the map of the
country with estimated land and forest cover. Table 1. Estimated
forest cover of the Philippines, 2003 Forest Cover Area (ha) Closed
Forest 2,560,872 Open Forest 4,030,588 Mangrove 247,362
Plantation Forest 329,578 Total 7,168,400 Source: Forest
Management Bureau, DENR Forest Land Utilization Under the
1987 Philippine Constitution, all of the countrys natural resources
are owned by the state. The State, through the Department of
Environment and Natural Resources (DENR), manages the
exploration, development and use of these natural resources by
itself or it can allow the private sector to undertake these
activities through co-production, production-sharing or joint
venture agreements. Previous to the 1987 Constitution, the
country allowed the exploitation, development or utilization of
natural resources through license, concession, or lease for a
period of 25 years, renewable for another 25 years. The Timber
License Agreement (TLA) was the main instrument issued by
government to corporations to legitimize commercial logging
activities from the 1950s to the 1980s. No other TLAs have been

issued since 1987 and the last remaining are due to expire by
2010. The TLA was replaced by the Integrated Forest
Management Agreement (IFMA), Socialized Forest Management
Agreement (SIFMA), and Community-based Forest Management
Agreement (CBFMA), among other tenurial instruments over
public forest lands. These are instruments issued for logging and
plantation development to corporations in areas from 500 to
40,000 ha (IFMA); to families or peoples organizations for areas
from 1 to 500 ha (SIFMA), or to community organizations living
within or adjacent to residual or second growth forest areas
(CBFMA). Table 2 shows the number and area covered of IFMA,
SIFMA, CBFMA, and TLA issued as of 2003. Private land forestry is
also encouraged in the country and the practice is deregulated
except for the registration of private forests as a prerequisite for
obtaining permit to harvest timber in such lands. There are
14,019 registered private forests or plantations with an aggregate
area of 45,760.93 ha all over the country as of 2005. Figure 1.
Map showing land cover of the Philippines (Bantayan 2001) Table
2. Number and area covered by IFMA, SIFMA, CBFMA, TLA
Instrument Number Issued Tenure Area (ha) IFMA (as of 2003) 201
714,000 SIFMA (as of 2003) 1,591 36,237 CBFMA (as of 2006)
1,781 1,622,129 TLA (as of 2003) 15 616,000 Source: Forest
Management Bureau, DENR Logging Ban Policies in the Philippines
Logging moratorium or ban is a policy instrument used by
government in response to environmental, socio-economic,
political and other concerns and issues that threaten the forest
and the resources within. There are over 20 policy issuances on
logging ban and moratorium imposed in selected municipalities,
provinces, regions, or nationwide over the last three decades
(1970-2000). The study analyzed the content of these logging ban
policies specifically on the reasons behind their issuance, the
objectives of the policy as well as the implementation mechanics
including institutional and financial support for implementing the
policies. In 1991, the DENR issued Department Administrative

Order (DAO) No. 24 to shift logging from the old growth forests to
the second growth or residual forests. This national logging ban
no longer allows timber extraction in old growth forests and in
critical areas such as those on steep slopes (50%+), above
1000m elevation, stream banks (20m sides), and wilderness areas
primarily for conservation of biodiversity and gene pools.
Commercial logging was allowed under this Order only in
secondary forests and in plantations. However, in December 2004
following the destructive typhoons that hit the provinces of Aurora
and Quezon causing much damage to lives and property,
Philippine President Arroyo ordered the cancellation of logging
permits in Quezon province and suspension of all permits in the
rest of the country. Later in March 2005, then DENR Secretary
Michael Defensor lifted the suspension of timber harvesting in
Regions 9 (Zamboanga Peninsula), 11 (Davao) and CARAGA
(Agusan provinces) to address local demands for wood, which he
said is still available in the two regions. Prior to both the 1991 and
2004 logging ban orders, more than 20 policy issuances have
been implemented in specific provinces or regions. These all
emanated from the President or from the Department Secretaries
or Regional and Provincial Directors. These issuances are in the
form of executive orders, presidential instructions or directives,
administrative orders, or memorandum orders. Table 3 lists some
61 provinces under moratorium or ban. Among the reasons cited
for logging ban or moratorium in the policy issuances are reports
of unabated/unchecked logging activities; strong clamor from
local officials and representative sectors; calamities wrought by
heavy rains resulting to floods, landslides, and adverse economic
effects particularly on agricultural production;
conservation/preservation of remaining forest resources; and
continued violation of forestry laws. Most of the violations are a
direct result of poor implementation and monitoring of existing
forestry laws but the catalysts are the calamities brought about
by strong rains and typhoons in the Samar, Leyte, Quezon, and

Aurora provinces where excessive logging was blamed for the

landslides and floods that killed many people in these areas
(Bugayong and Peralta 2006). The island of Palawan is under
logging ban based on strong representation by environmental
groups to preserve the remaining natural forests. The strong
advocacies for conservation of the islands resources resulted in
the enactment of Republic Act 7611 or the Strategic
Environmental Plan for Palawan Act, which includes the provision
for preserving the biodiversity and gene pools in the island. DENR
Administrative Order No. 45 bans logging in the whole island.
Table 3. List of Provinces under logging moratorium and ban by
region and year Region Province (Policy Issuance, Year) Reason 1NE Luzon Ilocos Norte, Ilocos Sur, Abra, La Union, Baguio City
(Presidential instructions to Minister of Natural Resources Jose
Leido Jr. 1975) Pangasinan (LOI 409, 1976) Ilocos Norte & Sur,
La Union (Presidential directive, 1983) Stop all timber cutting &
logging Protect Sierra Madre, Caraballo, Cordillera & Zambales
mountains National logging ban except in 9 areas CAR N Luzon
Abra, Mt. Province (Presidential directive, 1983) Abra,
Benguet, Ifugao (Min. Order No. 4, 1986) National logging ban
except in 9 areas 2 - NW Luzon Cagayan, Isabela, Nueva
Vizcaya(MNR Order, 1982) Batanes (Presidential directive, 1983)
Nueva Ecija, N. Vizcaya, Quirino, Ifugao (MNR Order No. 2, 1986)
Cagayan Gattaran & Baggao town (DENR Regional Moratorium
Order, 1989) Nueva Vizcaya (DENR MO No. 2, 1990) Isabela San Mariano & Ilagan towns (DENR Regional Moratorium Order,
1992) Quirino (DENR Administrative Order, 1993) National
logging ban except in 9 areas Forest degradation & violations
Rampant illegal logging Local reports of unchecked illegal
logging Rampant illegal logging Local government reported
rampant illegal logging 3 C Luzon Bulacan, Pampanga, Tarlac,
Zambales, Aurora (LOI 409, 1876; Presidential directive, 1983)
Protect Sierra Madre, Caraballo, Cordillera & Zambales mountains
National logging ban except in 9 areas 4a -S Luzon Batangas,

Cavite, Laguna, Quezon, Rizal (LOI 409, 1976) Quezon Real &
Mauban towns (BFD Circular 4, 1982) Quezon Infanta &
vicinities (DENR Moratorium Order, 1992) Quezon, Aurora (DENR
Memorandum, 1994) Protect Sierra Madre, Caraballo, Cordillera
& Zambales mountains Hot spots for illegal logging & transport
of illegally cut logs Illegal logging hotspots 4b -SW Luzon islands
Marinduque, Mindoro Occidental & Oriental, Romblon
(Presidential directive, 1983) Palawan (DENR Administrative
Order No. 45, 1992) National logging ban except in 9 areas RA
7611 Strategic Environmental Plan for Palawan Act provides for
total commercial logging ban 5 SE Luzon Albay, Camarines
Norte & Sur, Masbate (Presidential directive, 1983) National
logging ban except in 9 areas 6 - W Visayas Aklan, Antique,
Capiz, Iloilo, Guimaras (Presidential directive, 1983) Negros
Occidental (Presidential Instructions, 1984) National logging ban
except in 9 areas 7 C Visayas Negros Oriental (MNR Order,
1974) Bohol, Cebu, Siquijor (Presidential directive, 1983)
National logging ban except in 9 areas 8 -E Visayas Leyte,
Southern Leyte (MNR Administrative Order No. 31, 1982)
Eastern, Northern & Western Samar (DENR Moratorium Order,
1989) Conserve remaining natural forests Need to assess
existing resources; environmental disasters 9 W Mindanao
Basilan (DENR Moratorium Order, 1989) Strong local advocates
against indiscriminate logging 10 NE Mindanao Camiguin
(Presidential directive, 1983) Misamis Occidental (Ministry Order
No. 4, 1986) Bukidnon (DENR Moratorium Order, 1990)
National logging ban except in 9 areas Endorsed by local
officials & sectors 11 C Mindanao Davao del Sur (Presidential
directive, 1983) South Cotabato (MNR Order No. 3, 1986)
Saranggani (DENR Moratorium Order No. 25, 1994) National
logging ban except in 9 areas Vulnerability to flashfloods &
calamities due to excessive logging 12 S Mindanao Surigao del
Norte (Presidential directive, 1983) National logging ban except in
9 areas ARMM Sulu, Tawi-tawi (Presidential directive, 1983)

Lanao del Sur (Memorandum Order No. 30, 1992) National

logging ban except in 9 areas Protect Lake Lanao watershed
Although the logging ban policies stem from the goal of
preserving and protecting the remaining natural forests, the
objectives stated in the policy issuances are: to curtail nefarious
activities, foremost of which are illegal logging and timber
poaching; prevention of floods, landslides, excessive soil erosion
and surface run-off; promotion of the appreciation and
conservation of natural forests; the need to reassess and evaluate
forest resources and rates of forest destruction; and national
security (Bugayong and Peralta 2006). It is obvious however, that
the root of the violations is ineffective law enforcement. The study
did not see any objective that pertains to the rehabilitation of
denuded areas or the establishment and development of
production forests and plantations to address the loss of wood
supply resulting from the ban on harvesting. The mechanics of
implementing the logging ban and moratorium issuances are
grouped into three: assessment, planning and implementation;
regulatory procedures; and forest law enforcement. At least five
issuances mentioned the need to undertake a study, assessment
or evaluation of the existing resources, situation and forest
management policies as basis for longer-term policy decisions
(given the temporary nature of moratorium orders). Other
issuances require the inventory or logging and sawmilling
equipment as well as illegally cut or undocumented logs and
lumber (Bugayong and Peralta 2006).. Under forestry regulatory
procedures, some issuances explicitly ordered the suspension of
acceptance and processing of applications (both new and
renewal) for permits and licenses; ensuring strict compliance of
permittees/licensees with forestry laws, rules, and regulations;
notification of the concerned licensees/permittees regarding the
Orders; and for the implementing offices to submit compliance
reports. Some of the issuances have general statements requiring
the implementing office to prepare, submit to the higher

authorities, and implement specific guidelines on how to

undertake the field activities (Bugayong and Peralta 2006). Most
of the activities listed in many of the issuances relate to forest law
enforcement. Foremost of said activities is the immediate
suspension or prohibition of logging operations and cutting of
trees in the areas covered by the moratorium or ban. Another is
the prohibition of occupancy or resource use in the concerned
areas. Other activities include the investigation or verification of
non-compliance with forestry laws, rules and regulations;
cancellation of permits and licenses; confiscation of illegally cut
timber and logging equipment; and padlocking of sawmills
(Bugayong and Peralta 2006). In terms of institutional and
financial support for the enforcement of logging ban, it is implicit
in the policy issuances that the DENR fulfills its mandate as
primary enforcer of the logging moratorium and ban using its
regular budget, personnel and other resources. In some instances
though, the DENR has coordinated with the police or military and
local government units for their cooperation in enforcing the ban
within their local jurisdictions (Bugayong and Peralta 2006).
Effects of the Logging Ban With the existing national logging ban
(except in Regions 9,11 and CARAGA) imposed in 2004, the forest
industry, forest-dependent communities, and the buying public
have felt the immediate impacts of reduced domestic wood
supply, increased prices, and loss of jobs and incomes. Following
are the statistics forwarded by the wood-based industries. 1) Loss
of jobs. About two million displaced workers in wood producing
and furniture industries are drastically affected by the logging
ban. Of this, 500,000 are direct workers, 300,000 are indirect
workers, while over one million are involved in the subcontracting
network (Chamber of Furniture Industries, 2004). There are not
enough alternative opportunities that could absorb the displaced
workers. Some 10,000 establishments are affected by the logging
ban, with 2,500 from the furniture export industry. The export of
high value-added finished wood products is another major

industry. 2) Increased forest-dependence of displaced workers and

nearby communities. Loss of jobs and related livelihood are
proven push factors for displaced workers and nearby
communities to extract forest resources for survival. Some 20
million people already occupy forestlands and this could be
increased with the logging ban. 3) Critical state of the forest
industry. The annual log requirement for wood, both for local
demand and export commitments, is estimated to be 2.5 million
cubic meters. The Philippine Wood Producers Association (PWPA)
reports that only 25 percent of this is produced by local wood
processing corporations while 40 percent is supplied from illegal
logging sources, and the rest is imported. With the logging ban,
the corporate processors contribution is decreased while illegal
logging sources and importation are filling the gap. 4) Increased
wood importation and prices. Even before the 2004 national
logging ban, the Philippines has been a net importer of wood
materials. The loss of domestic wood supply increases the amount
of imported log requirements estimated at PhP21 billion. Prices of
wood have increased by 40 percent due to limited supply and
expensive imported materials. 5) Loss of government revenues.
Forest charges levied on logs legally cut from natural forests
amount to one billion pesos annually. Loss of annual government
revenues from taxes amount to PhP840 million while government
income from export sales is pegged at Php2.7 million per month.
6) Inadequate protection of remaining forests. Loss of tenure over
areas with remaining forest cover removes the forest protection
given by the tenure holders, leaving them with open access and
vulnerable to illegal harvesting activities. Government track
record in taking over the protection of untenured forest lands has
been slow due to limited resources and support. Effectiveness of
the Logging Ban Policies Effectiveness is often described as
getting things done, with no emphasis on how it is achieved or
the cost involved (efficiency). In the Philippines, logging ban is
implemented at different levels. At the national level, directives

are issued from the Central office to the field offices to enforce
the bans using existing resources and eliciting support from other
government agencies, local government units, military or police,
non-government organizations, or other sectors. There are also
local initiatives at the provincial and municipal levels. A cursory
review of its existing resources and budget for forest protection
and reforestation shows that the DENR has a measly budget for
undertaking the Herculean task of enforcing logging ban in over
60 provinces. The annual budget for forest protection is PhP37.4
million. The DENR employs a total of 4,000 forest guards,
receiving average monthly salaries of PhP6,000-7,000, to protect
over 15 million ha forestlands. The ratio of forest guards to area
protected is 1:2,500-4,000 ha while the ideal ratio is only 1:5002,000 ha depending on terrain. Meanwhile for reforestation, about
PhP60 million is allotted per year or just PhP7.50 per hectare (Paje
2005). Although not a direct result of the logging ban issuances,
reforestation and plantation development programs are inherent
components of the DENRs management program for the
countrys forest resources. Forest destruction was averaging
300,000 ha annually during the heyday of commercial logging
operations (1960s) coupled with conversion of forests into upland
agricultural farms by landless farmers. With annual deforestation
pegged at 100,000 ha in the late 1990s to early 2000s,
reforestation lagged behind by only 20-30 percent annually. The
foreign-funded contract reforestation program, implemented
during the period 1988-1992, increased the target area to
165,000 ha, of which 65,000 and 95,000 ha were to be reforested
by the DENR and private sector, respectively. Evaluation of the
program revealed that actual area reforested through contracts
was way below the target. More recently, reports show that total
area planted through regular government reforestation projects is
357,633 ha or just about 50 percent of the target area, as of
2001. Annual reforestation by the private sector including the
timber licensees and holders of management agreements (i.e.,

IFMA, SIFMA, ITP, etc.) is in the area of 1,034 ha in 2003 while the
biggest area planted was 18,729 ha in 1994 and the lowest was
172 ha in 1993 (Philippine Forestry Statistics 2003). Plantation
development in both public forestlands and private lands has
been encouraged by government through tax exemptions and
other economic incentives to address the demand for wood that
can no longer be supplied from the natural forests alone.
Carandang et al. (1999) reported that the country has about
168,100 ha of forest plantations, 24 percent of which is found in
private lands totaling 40,500 ha in 1998. Hence, assessing the
governments efforts at enforcing the logging bans at the national
level leaves a lot to be desired. However, localized efforts at
protecting the forests and reforesting the denuded areas are
being initiated in some provinces. Localized Forest Protection and
Reforestation Initiatives The following initiatives did not directly
stem from the logging ban imposition. However, they are working
models for addressing the need to protect the remaining forest
resources and the need to establish forest plantations or forest
cover in degraded and denuded lands both for future wood supply
and ecological purposes. These localized initiatives can
complement and contribute to the effective national
implementation and enforcement of logging ban. 1) Multi-sectoral
Forest Protection Committee Program The Multi-sectoral Forest
Protection Committee (MFPC) Program was initiated in 1992 under
the monitoring and enforcement component of the World Bankfunded Environment and Natural Resources Sectoral Adjustment
Loan Program (ENR-SECAL). In 1998, some 299 MFPCs were
established in four levels: national, regional, provincial, and
municipal, with the aim of bringing forest protection to the
grassroots by involving the various sectors of the community
(Oliva 1999). Under the ENR-SECAL, MFPCs had the following
functions: a) serve as a collection point for information on illegal
forestry activities by tapping the independent networks to which
its members belong; b) regularly receive and discuss reports from

DENR, specific to routine and special monitoring, apprehension

and prosecutorial activities; c) advise DENR and other relevant
parties on these activities; d) publicize the committees
discussions and findings except when treated as confidential; e)
directly oversee the public awareness and alternative livelihood
programs; and f) mobilize members networks in support of forest
protection activities. Lessons learned from the MFPCs
demonstrate its effectiveness in creating public awareness and
vigilance for forest protection; public vigilance serves as deterrent
to forest crimes; community-based peoples organizations are
effective in forest protection at ground level; and assured tenure
for peoples organizations is a significant element in mobilizing
grassroots action (Acosta 2004). Furthermore, Oliva (1999)
argues that local government units, peoples organizations and
other sectors of the community will be actively involved in forest
management if they are given responsibility and stake in the
sustainable development of the forest resources; [and] that policy
making, information and education campaigns, forest protection
and community based forestry [are] enhanced if there is an
institutional mechanism where the various sectors of society [can]
meet and address these problems. Local experiences with MFPCs
in combating illegal logging activities provide strong justification
for localizing forest protection activities as a necessary condition
for effective implementation of logging ban. The MFPC in Samar
island demonstrated this and have since elevated their forest
protection initiatives by having the island proclaimed as a
protected area as part of institutionalizing forest protection at the
local level and imposing a logging ban in the island. 2) Protected
Area Management Boards Under the National Integrated
Protected Areas System (NIPAS) Act of 1992 (Republic Act 7586),
protected areas refer to identified portions of land and water set
aside by reason of their unique physical and biological
significance, managed to enhance biological diversity and
protected against destructive human exploitation. Protected

areas are proclaimed as such by the President or by Congress.

However, the local government units can also proclaim protected
areas within their domain through local ordinances. One such
example is the Mt. Kitanglad Range Natural Park which was
proclaimed by local ordinance and later on by a Republic Act after
strong representation and lobbying in Congress (Malapukaw and
Mirasol 2004). Section 11 of RA 7586 provides for the creation of
a Protected Area Management Board (PAMB) for each of the
established protected areas. The PAMB is a local multi-sectoral
body chaired by the DENR (regional office) with representatives
from the local government units, nongovernmental (NGO) or civic
organizations, peoples organizations, indigenous peoples through
their Council of Elders, and national government agencies.
Protected Area funds are established with funds coming from
general appropriations if proclaimed by Congress, or from income
derived from the use of resources within the protected area. Even
if the PAMB is primarily mandated to oversee established
protected areas, some localities have included the areas under
logging ban, particularly the old growth or virgin forests within
their territory. For instance, the Samar Island Natural Park was
recently proclaimed as a protected area in 2006 after local
advocates lobbied with their Congressmen to sponsor the bill.
Samar Island has been under logging moratorium since 1989 after
strong rains and typhoons wrought environmental damages and
loss of lives in the area. Local leaders and civic organizations have
since advocated for preservation of the remaining forest and
biodiversity resources of the province and moved for a total
logging and mining ban in the island. As a protected area, the
island of Samar will be off limits to commercial logging activities
in natural forests. This is a local initiative that is worth emulating
by other local government units for effective logging ban
enforcement. Incidentally, two Bills on Local Logging Ban in the
provinces of Southern Leyte and Negros Occidental, respectively,
are being discussed in the House of Senate. These Bills seek to

institutionalize logging ban in the two localities to give teeth to its

implementation particularly in devolving functions to the
concerned local government units. The PAMB in Negros Occidental
is supportive of the logging ban Bill in their area. Both provinces
are under logging ban, Southern Leyte since 1982 and Negros
Occidental since 1984, and both are likewise covered in the 2004
national logging ban. 3) Tree-for-Legacy Program The Tree-forLegacy program was initiated in the province of Nueva Vizcaya
(Northeastern Luzon) by the DENR and the provincial government
and was later formalized through a memorandum of agreement
signed in 2004 for the reforestation of a 24,000-ha area of the
Lower Magat Reforestation Project. In this program, persons or
groups are given access to denuded forest lands and are granted
the privilege to plant trees in said areas. Two types of privileges
are granted the certificate of tree ownership and certificate of
usufruct. The former gives the tree planter/owner the privilege to
cut the tree while the latter grants the privilege to harvest the
fruit of the trees planted. The Certificates can be transferred
through sale, mortgage, succession, or donation (Oposa 2003).
The mountainous province of Nueva Vizcaya, with 70 percent of
its area classified as forestland, is an acknowledged hotspot for
illegal logging activities mainly due to the wood-based furniture
industry that the region is well-known for. The province has been
placed under logging ban and moratorium in 1982, 1986, and
1990 by the DENR because of forestry violations by logging
companies, particularly excessive logging, and rampant timber
poaching by individuals backed by investors needing the wood for
furniture manufacturing and lumber processing. Local officials
and leaders of various interest groups have continually lobbied for
the ban on logging in the province to avert environmental
disasters and to preserve the remaining forest cover of the
province. The province is presently covered by the 2004 national
logging ban. The Tree-for-Legacy program is a local initiative that
actually devolves the function of managing the forest resources

from the DENR to the local government. The Local Government

Code (Republic Act 7160) mandates local government units to
share with the national government the responsibility (for) the
management and maintenance of ecological balance within their
territorial jurisdiction [Sec. 3, (i)]. Local officials also have specific
environmental powers and duties such as [adopting] adequate
measures to safeguard and conserve land, marine and forest
resources of the province (Sec. 465, Article 1, Powers of the
Provincial Governor). These functions coupled with strong support
and active participation of the citizenry has spurred the
reforestation success of the Tree-for-Legacy program even while
the logging ban is in place. Efforts are being done to expand the
program while extensive information dissemination is being
undertaken to encourage other provinces to implement their own
Tree-for-Legacy program. A few provinces have already started
the ball rolling. Summary: Conditions for Effective Logging Ban An
analysis of the content, process and legality of the logging ban
issuances highlights the reactive nature of the policies to threats
of further environmental degradation through ineffective policies
and law enforcement. Logging ban is only one of many tools to
address the environmental and forestry crisis that the country is
faced with. Following are some recommendations that will render
the logging ban policies and other strategies effective in
addressing forestry problems. 1) Thorough analysis of the
problem. Firstly, logging ban is not and should never be a
politically motivated solution to environmental and socioeconomic
problems. It is however, a time-bound tool to allow a critically
denuded natural forest area to regenerate for a given period until
the trees are mature and ready for harvesting based on
sustainable forestry principles. Secondly, logging ban should not
be a sweeping policy on a nationwide scale as some argue that
natural forest species are easier to monitor and declare as
illegally cut under a national ban. This argument is a cop out for
ineffective policy implementation. Thirdly, logging ban does not

guarantee the protection of remaining forest cover since other

technical, institutional, and socioeconomic conditions prevail.
Thus, priority should be given to analyzing the problem before
coming up with solutions such as a logging ban. Forestry,
particularly logging, is an economic activity which impacts a lot of
people so that the consequences of logging ban should be
carefully studied before it is implemented. 2) Explicitly defined
policy goals and objectives and how to achieve them. For logging
ban to be effective, policy makers need to explicitly define its
goals and objectives and to clearly outline the mechanics of
implementation including the roles of various agencies and
stakeholders. Multi-sectoral consultations provide a venue for
various stakeholders to participate in the process. Alternative
sources of wood such as plantations or wood importation should
be identified to fill in the supply gap created by banning
harvesting in natural forests. Also, there should be a comparison
of expected costs and benefits of issuing a logging ban. This will
help ensure that the policy will lead us to the desired objective,
that the costs and benefits are within acceptable level, and that
resources required for an effective implementation are affordable
and available. 3) Comprehensive land use planning. The context
of logging ban should be the whole forest unit and the multiple
functions, goods, and services that it provides to the public. Thus,
it is necessary to first determine the various land uses and
available resources in a given forest land area. Forest land use
plans could show how multiple uses of the forest can be managed
sustainably to achieve the desired goals and objectives. This is
more effective at the local level where multi-sectoral
representatives of various stakeholders are given opportunity to
participate in the planning process, claim ownership of the plan,
and actively ensure its implementation through their sectoral
members networks. Logging ban would be more effective at this
level if the locals are aware of its goals and are supportive of its
enforcement. It is also possible that logging ban is not the answer

or just a temporary solution to our current environmental

problems. 4) Provision of the necessary wherewithal for an
effective implementation. This means that adequate financial,
technical, and institutional support should be provided. Unless
this is considered and provided adequately, this policy will just
remain on paper or can never be implemented effectively. 5)
Address poverty issues in forest land areas. The most directly
affected sectors are the forest-dependent upland communities,
displaced workers in logging and related industries, and nearby
communities of areas under logging ban. Policy makers have to
address the need for alternative non-forest-based livelihood for
these people because poverty and lack of economic opportunity
pushes them to the forests for subsistence. It is only when their
basic needs are met can they become partners in protecting the
forests in their midst. 6) Intensified information, education and
communication. The level of knowledge, awareness, and
consciousness of a people would define how they react to stimuli.
In many places, logging ban has been ineffective simply because
the local populace is not aware of the policy and how it impacts
their lives and the environment around them. In areas where
logging ban is successful, the key factor is informing the public on
its purposes and how they can contribute to its enforcement
specifically by being vigilant to forest crimes and doing something
about it. 7) Local participation in forest protection, law
enforcement, and reforestation. Experiences in local forest
protection councils, protected area management boards, and
Tree-for-Legacy reforestation demonstrate that multi-sectoral
participation is a significant key to success in forestry endeavors.
Devolving national functions and responsibilities of national
government agencies to local government units has shown
promising reforms in policy making and implementation at the
local levels. Decentralized decision making at the local
government units enables them to adapt policies to local
conditions since they are physically nearer to the constituents

served. Of course, there are still hitches in the devolution process

since it is relatively new and the LGUs still have to get the hang of
it. But there are potentials for successful forest protection, law
enforcement, and reforestation at the local levels particularly with
multi-sectoral participation. 8) Strict monitoring and feedback
system. One of the major pitfalls of logging ban enforcement in
the past is the lax enforcement and monitoring for a lot of
reasons, e.g., graft and corruption, limited resources, lack of
political and institutional support, etc. These could be addressed
by systematically reviewing the existing monitoring and
evaluation system of government and coming up with a more
effective and efficient system. Baseline information needs to be
established to complement an improved monitoring system and
upgraded resources and technology. This is an area that
government needs to invest on if it is really serious in its
mandate to protect the State-owned forests. Partnerships with the
private and non-government sectors could reduce government
costs in upgrading its resources and technology. References
Acosta, R. 2004. Multisectoral Forest Protection Initiatives:
Philippines. Bantayan, N. 2001. GIS Maps of the Philippines.
ASEAN-Korean Environmental Cooperation Program. University of
the Philippines College of Forestry and Natural Resource, College,
Laguna, Philippines. Bugayong, L.A. and E.O. Peralta. 2006.
Analysis of the Content, Process and Legality of the Logging
Moratorium and Ban Policies in the Philippines. Terminal Report.
Forestry Development Center, University of the Philippines Los
Baos, College of Forestry and Natural Resources, College,
Laguna, Philippines. Chamber of Furniture Industries of the
Philippines. 2005. Of Logging Bans and the Furniture Industry:
Statement of the Chamber of Furniture Industries of the
Philippines. http://cfip.com.ph.16.m6.net/news/news-index5.asp
Forest Management Bureau. 2003. Philippine Forestry Statistics.
DENR, Quezon City, Philippines. Malapukaw, A.L.S.A.D. and F.S.
Mirasol Jr. 2004. Decentralizing Protected Area Management: A Mt.

Kitanglad Range Natural Park Experience. Paper presented at the

Decentralization workshop on April 27-29, 2004 at Interlaken,
Switzerland. Oliva, R.V. 1999. Sustainable Forest Management
through Multisectoral Forest Protection Committees: Philippine
Experience. The World Bank/WBIs CBNRM Initiative.
http://srdis.ciesin.org/cases/philippines-011.html Oposa, A.A. Jr.
2003. Testing the Legal Basis of the Tree-For-Legacy Program. The
Philippine Environmental Governance Program Department of
Environment and Natural Resources, Manila, Philippines. Pascual,
F. D. Jr. 2005. Time to lift, or review, total ban on logging?
Postscript/PhilSTAR/ Feb. 15, 2005/Tuesday.
http://www.manilamail.com/archive/feb2005/05feb15.htm

--

http://www.congress.gov.ph/download/basic_16/HB00033.pdf

Exemption from the Logging Ban The following shall be

exempted from the logging ban:
a) Planted trees within private lands;
b) Planted trees within forestlands established and developed
by tenurial instrument holders in accordance with the
approved plans;
c) Wood sources necessary for government infrastructure
project in predetermined areas, preferably a communal
forest;
d) Trees necessary for extraction as means of silvicultural
treatment; and
e) Trees affected during the road construction and other similar
projects approved by the government and only for basic
services such as, but not limited to, energy and power

development, public works, or water utilities, any harvesting

or cutting of tree species shall comply with all pertinent
forestry and environmental laws such as, but not limited to,
P.D. No. 705, otherwise known as the Revised Forestry Code
of the Philippines, as amended; Presidential Decree No.
1586, otherwise known as Environmental Impact Statement
System, and other applicable rules and regulations.

EXPLANATORY NOTE
Our forests are at the mercy of those who rape the environment by
engaging in illegal logging activities to satisfy selfish commercial motives.
Some government officials who are supposed to lead the crusade to protect
the environment abet this revolting practice. Worse, a big portion of funds
earmarked for the reforestation program of the government goes to the
pockets of unscrupulous individuals.
The elimination of our forest cover has caused the erosion of the area's
fragile topsoil destroying rich agricultural land and even fishing grounds.
The siltation of riverbeds, irrigation canals and estuaries eventually follow.
This destroys the marine ecosystem when coral reefs are covered by
siltation caused by soil erosion. These misfortunes would have been
avoided had the forests been protected from illegal logging.
In order to save our remaining forests and to ensure the successful
reforestation of the badly denuded areas, Congress should impose a total
log ban in forests, timberland, forest reserves and watersheds for the next
twenty-five (25) years.
In view of the urgent need to stop the rapid deforestation of our forests,
the immediate approval of this Act is therefore requested.
AQUILINO Q. PIMENTEL JR.

AN ACT
TOTALLY BANNING LOGGING OPERATIONS FOR THE NEXT
TWENTY-FIVE YEARS

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:
SECTION 1. Declaration of Policy. - It is hereby declared a Policy of
the State to prohibit logging operations of any kind in any forest, timber land,
forest reserve or watershed for the next twenty-five (25) years.
SECTION 2. Prohibited Acts. - It shall be unlawful for any person to
cut, fell or destroy any tree standing on any forest, timber land, forest
reserve or watershed within the next twenty-five (25) years from the approval
of this Act. This prohibition shall not apply to trees grown in legitimate
commercial tree farms.
SECTION 3. Penalties. - Any person who violates this Act shall be
punished by imprisonment of not less than five (5) years but not more than
ten (10) years.
Any juridical entity that violates this Act shall forfeit its license or permit
to do business in the Philippines. In addition, it shall be made to pay a fine
of not less than Five hundred thousand pesos ( eq O(P,=)500,000.00) but
not more than Five million pesos ( eq O(P,=)5,000,000.00) at the discretion
of the Court. The Chairman and/or the Chief Executive Officer or any other
officer of the company responsible for the violation of this law shall be
imprisoned for a period of not less than five (5) years but not more than ten
(10) years also at the discretion of the Court. Aliens who violate this law
shall be deported after their sentences shall have been served.
SECTION 4. Effectivity. - This Act shall take effect upon its publication
in at least two (2) newspapers of national circulation.

Penal provisions: Any person, employer or employment agency

who shall violate the provisions of this Act shall be penalied with
imprisonment of at least six (6) years but not more than twelve
(12) years and a fine of at least One Hundred Thousand Pesos
(P100,000.00) but not more than Five Hundred Thousand Pesos
(P500,000.00). If the violator is a corporation or association, the

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

its agent or representative in the Philippines, in the case of a
foreign corporation or association, shall be held liable.
-MALACAAN
MANILA
PALACE
BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 23
DECLARING A MORATORIUM ON THE CUTTING AND HARVESTING
OF TIMBER IN THE NATURAL AND RESIDUAL FORESTS AND
CREATING THE ANTI-ILLEGAL LOGGING TASK FORCE
WHEREAS, the entire country has been a witness to the ever-changing
climatic conditions brought about by the La Nia phenomenon;
WHEREAS, the destructive effects of the phenomenon on the environment
are apparent in many regions in the country and it is an accepted fact that
the effects are worsened due to the continuous denudation of the forest
zones;
WHEREAS, the watersheds and the river systems supporting existing or
proposed hydroelectric power facilities, irrigation works or existing water
facilities are in need of immediate protection and rehabilitation;
WHEREAS, it is the obligation of the State to protect the remaining forest
cover areas of the country not only to prevent flash floods and hazardous
flooding but also to preserve biodiversity, protect threatened habitats and
sanctuaries of endangered and rare species, and allow natural
regeneration of residual forests and development of plantation forests;
WHEREAS, it is imperative to arrest the degradation, pollution and
contamination of the river and water systems and to stem the wanton
destruction of the forest resources;
WHEREAS, Article XII, Sec. 2 of the 1987 Philippine Constitutional
provides that the exploration, development, and utilization of natural
resources shall be under the full control and supervision of the State.

NOW, THEREFORE, I BENIGNO S. AQUINO, III, President of the

Philippines, by virtue of the powers vested in me by law, do hereby order:
Section 1. Definition of Terms. For the purpose of this Executive Order,
the following terms shall be defined:
1.1 Forest Land it includes public forest, permanent forest or forest
reserves, and forest reservations.
1.2 Natural and Residual Forests- are forests composed of indigenous
trees, not planted by man.
1.3 Plantation Forest is a forest where the trees were planted pursuant
to a management agreement with the DENR.
1.4 Integrated Forest Management Agreement (IFMA) is a production
sharing contract entered into by and between the DENR and a qualified
applicant wherein the DENR grants to the latter exclusive right to develop,
manage, protect and utilize a specified area of forest land and forest
resources therein for a specified period consistent with the principle of
sustainable development and in accordance with an approved
Comprehensive Development and Management Plan (CDMP).
1.5 Socialized Integrated Forest Management Agreement (SIFMA) is
an agreement entered into by and between a natural or juridical person and
the DENR wherein the latter grants to the former the right to develop, utilize
and manage a small tract of forest land consistent with the principle of
sustainable development.
1.6 Community-Based Forest Management (CBFMA) is an agreement
entered into by and between the government and the local community in a
locality, represented by a peoples organization as forest managers, for a
specific period wherein the local community is allowed to develop, utilize
and manage a small tract of forest land consistent with the principle of
sustainable development.
1.7 National Greening Program is a DA-DENR-DAR Convergence
Initiative anchored on the governments goal of poverty reduction, food,
security, climate change adaptation and mitigation.

Section 2. Moratorium on the Cutting and Harvesting of Timber in the

Natural Forests A moratorium on the cutting and harvesting of timber in
the natural and residual forests of the entire country is hereby declared
unless lifted after the effectivity of this Executive Order. In order to
implement this policy, the following are hereby instituted:
2.1 The DENR is henceforth hereby prohibited form issuing logging
contracts/agreements in all natural and residual forests, such as Integrated
Forest Management Agreements (IFMA), Socialized Integrated Forest
Management
Agreements
(SIFMA),
Community-Based
Forest
Management Agreement (CBFMA) and other agreements/contracts with
logging components in natural and residual forests;
2.2 The DENR is likewise prohibited from issuing/renewing tree cutting
permits in all natural and residual forests nationwide, except for clearing of
road right of way by the DPWH, site preparation for tree plantations,
silvicultural treatment and similar activities, provided that all logs derived
from the said cutting permits shall be turned over to the DENR for proper
disposal. Tree cutting associated with cultural practices pursuant to the
indigenous Peoples Right Act (IPRA Law) may be allowed only subject to
strict compliance with existing guidelines of the DENR;
2.3 The DENR shall review/evaluate all existing IFMAs, SIFMAs, CBFMAs
and other forestry agreements/contacts and immediately terminate/cancel
the agreements of those who have violated the terms and conditions of
their contracts/agreements as well as existing forest laws, rules and
regulations at least twice. Furthermore, said agreements shall likewise be
immediately terminated/cancelled if the holders thereof engage in logging
activities in any natural or residual forest or abet the commission of the
same;
2.4 The DENR shall strictly implement a forest certification system in
accordance with the United Nations standard/guidelines to ascertain the
sustainability of legal sources and chain of custody of timber and wood
products, nationwide;
2.5 The DENR shall close and not allow to operate all sawmills, veneer
plants and other wood processing plants who are unable to present proof of
sustainable sources of legally cut logs for a period of at least five (5) years
within one month from effectivity of this Executive Order:

2.6 The DENR through the DA-DENR-DAR Convergence Initiative, shall

develop a National Greening Program NGP in cooperation with the
Department of Education (DepEd) and the Commission on Higher
Education (CHED) to initiate the educational drive campaign; the
Department of Interior and Local Government (DILG) to help in establishing
communal tree farms for firewood and other purposes; the Department of
Social Welfare and Development (DSWD) to identify the upland farmers
covered by the NGP as priority beneficiaries of the conditional cash transfer
program; the Department of Budget and Management (DBM) to provide the
funds for the production of quality seedlings for the NGP from available
funds of the government; and the private sector and other concerned
agencies/institutions to raise funds and resources for tree planting.
2.7 The Department of Education shall be given priority in the use of all
confiscated logs.
Section 3. Creation of the Anti-Illegal Logging Task Force. To enforce
the moratorium and lead the anti-illegal logging campaign, an Anti-Illegal
Logging Task Force is hereby created. The Task Force shall be composed
of the DENR Secretary or his duly authorized representative as Chairman
and the Secretary of the Department of the Interior and Local Government,
the Secretary of the Department of National Defense, the Chief of the
Philippine National Police, the Chief of Staff of the Armed Forces of the
Philippines of their respective authorized representatives , as members.
3.1 Mandate. The Task Force is hereby mandated to take the lead in the
anti-illegal logging campaign and ensure the implementation of this
Executive Order under the supervision of the DENR. It shall also assist the
DENR in the enforcement of other environmental laws.
3.2 Support from Government Offices and Agencies. The Task Force may
call upon the support of any department, bureau and office of the executive
branch to assist in the discharge of its functions, such as but not limited to
the provision of administrative or technical assistance, logistical support
and detail of personnel. The DENR shall provide the secretariat for the Task
Force.
3.3 Budgetary Support. The Department of Budget and Management shall
provide the DENR an initial budget for the Task Force in the amount of Ten
Million Pesos (P10,000,000.00) which shall be sourced from the available

funds of the government. Release of the additional amounts shall be

subject to the approval of the President.
Section 4. Repealing Clause. All executive orders, rules, and regulations
and other issuances or parts thereof which are inconsistent with this
Executive Order are hereby revoked, amended, and/or modified
accordingly.
Section 5. Implementing Guidelines Upon its formation, the Task Force
shall immediately formulate the guidelines for the implementation of the
policies set forth in this Executive Order.
Section 6. Effectivity. This Executive Order shall take effect immediately
after publication in a newspaper of general circulation.
DONE in the City of Manila, Philippines, this 1st day of February in the year
of Our Lord Two Thousand and Eleven.
(Sgd.) BENIGNO S. AQUINO III
By the President:
(Sgd.) PAQUITO N. OCHOA, JR.
Executive Secretary
--

ot against EO 23, but...

Maila Vasquez, the associations deputy director, said the over 1,000
members of the wood industry are not against the EO but would like to see
the law going through its destined path of implementation."
She said the group is waiting for the EOs implementing rules and
regulations that now remain to be drafted by the newly formed anti-illegal
logging task force.
We remain keen that the government will see for themselves that our

members adhere to sustainable management practices and this might lift

the moratorium or at least allow responsible companies to operate again,"
Vasquez said.
The association said a third of the countrys annual timber consumption of
three million cubic meters comes from local production. Another third
comes from imports while the remaining portion comes from dubious
sources, the association added.
The Wood Producers Association comprises 56 regular members and 727
associate members, including large wood processors, holders of integrated
forest management agreements, wood traders, and providers of related
hardware, materials, and services. with Paterno Esmaquel II/VS GMA
News - See more at:
http://www.gmanetwork.com/news/story/213666/money/producers-total-logban-raises-wood-prices#sthash.0WZgM869.dpuf

--

How about mature trees? Still covered under the log ban? Siguro check
the basic law.

--

DENRAdministrative OrderNo. 96-04February 13,

1996S U B J E C T : A d o p t i o n
o f
a
L o g
C o n t r o l
a n d Monitoring System
Pursuant to PD No. 705, as amended, and E.O. No. 192dated10June1987,andinconsonancewiththe
sustainabledevelopmentthrustoftheGovernment,aLogControlandMonitoringSystemintheDENRisherebyadoptedandthe
followingguidelinesareherebyissuedfortheinformationofallconcerned.Section1.
Basic Policy

- Sustainability of the timber resourcesasatooltowardseconomicproductivityandprotectionoftheenvironmentthroughthe

maintenanceofanadequatebalancebetweenresourcegrowthandtimberdrainarebasicpoliciesofGovernment.
S
e
c
t
i
o
n
2
.
O
b
j
e
c
t
i
v
e
s
In consonance with theabovepolicy,thereisaneedfortheestablishmentofaneffectiveLogControlandMonitoringSystem
(LCMS)withaviewtoattainingthefollowing
objectives:2.1Standardize gathering of timber resources data for easy storage,retrievaland
audit;2.2Systematize the tracking of log and lumber flows from source toendusers;2.3Optimize utilization of the timber resources;2.4Provide information for
the updating of timber/mill recoveryfactorsfromresidualplantation
forests;2.5Improve the collection of forest-derived revenues; and

3
2.6Curtail unauthorized cutting, transportation, processing anddispositionoftimberandwood
products.
S e c t i o n
3 . C o v e r a g e
- The LCMS shall apply totheharvestanddispositionoflocally-producedlogsandlumberunder validandexistinglicenseor
permitsissuedbytheSecretaryorhisauthorizedrepresentatives. Thesame regulationwill alsoapply tologsandlumberimportedin
accordancewithregulationsgoverningthematter.
S e c t i o n 4 . A e r i a l
P h o t o
R
e q u i r e m e n t
Timber harvestoperationsshallbecoveredbyadulyapprovedIntegratedAnnualOperationsPlanbasedonforestresourcesdataand
informationthathavebeencheckedandverifiedusingaerialphotographstakenandsubmittedinaccordancewithDAONo.92-17
dated27April1992.
Section 5.CTO/CLO Tracking System As part of the over-all Log Control and Monitoring System herein adopted,asystemof
trackingtransport/shippingdocumentsfortimber,lumber,andlumberproductsusingcomputerandsimilarstate-of-the-arttechnologies
shallbeinstitutedatalllevels.
S e c t i o n 6 . P r o g r a m
S u p p o r t
a
n d
T r a i n i n g
TheDirector,ENR-SECALProgramManagementOfficeandtheDirector,ForestManagementBureaushallprovidethenecessary
staff andfinancialsupportfortheeffectiveimplementationofthisorder,toincludebutnotlimitedtotheorganizationofthecorresponding
fieldimplementingunits;assistinthepreparationofthenecessaryaction plans and programs; coordinate
and monitor FPIS related activities; andthetrainingandorientationofconcernedpersonneloftheDENRand
its publics.
S e c t i o n 7 . F o r e s t
C h a r g
e
D e p o s i t
-

For purpose of clarification, this Administrative Order hereby amends DAO80,series

of 1987,to wit: Adepositequivalent tothe estimatedforestchargesbasedonthe100%inventoryofharvestabletreesshallbemade
beforetheconductofharvestoperationsinanyloggingset-upor cuttingblock. Areconciliationbetween thedepositedamount andthe

4
forestchargespayablebasedontheactualscaledvolumeshallbeundertakenimmediatelyaftertheset-uphasbeenlogged-over.
S
e
c
t
i
o
n
8
.
P
e
n
a
l
t
y
C
l
a
u
s
e
- Forest productsextractedtransportedand/ordisposed,whichareviolativeofthisOrder shallbesubjecttoconfiscation,including
theconveyancesusedintransportationofthesameandshallbedisposedofinaccordancewithexisting laws,
rules and regulations. The lessee/permitteewhoownsthewoodcommoditiesshallbepenalizedbysuspension/cancellation
of operatingpermitandsuchothersanctionsasmaybeimposedunder existing rules andregulations. DENRofficials
who have found andverifiedtohaveviolatedorabettedintheviolationoftheprovisionsof thisOrdershallbedealtwithinaccordance
withexistingregulationsgoverningthematter.
S e c t i o n 9 . I m p l e m e n t i
n g
G u i d e l i n e s For theeffectiveimplementationofthisorder,theUndersecretaryforFieldOperationsisauthorizedtoissuethecorresponding
guidelinesthereof.
S e c t i o n 1 0 . E f f e c t i v
i t y
This Order shall takeeffectuponacknowledgmentfromU.P.LawCenterandafterfifteen(15)daysfromthedateofpublicationinat
leasttwo(2)newspapersof generalcirculation.
VICTOR O. RAMOS
Secretary
Recommended
by:V I R G I L I O
Q .
M A R C E L O D E L F I N
J .
G A N A P I N ,
J R .
U n d e r s e c r e t a r y
f o r
U n d e r s e c r e t a r y
f o r
F
i
e
l
d
O
p
e
r
a
t
i
o
n
s
E
n
v
i
r
o
n
m
e
n
t
&
P
r
o
g
r
a
m
Developmen

--

IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO. 9165,

OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
THESE RULES AND REGULATIONS ARE HEREBY PROMULGATED TO IMPLEMENT THE
PROVISIONS OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002. SECTION 1. This IRR, issued
and promulgated pursuant to Section 94 of RA 9165, shall be referred to as the
"COMPREHENSIVE DANGEROUS DRUGS RULES OF 2002." SECTION 2. Declaration of
Policy. It is the policy of the State to safeguard the integrity of its territory and the
well-being of its citizenry particularly the youth, from the harmful effects of
dangerous drugs on their physical and mental well-being, and to defend the same
against acts or omissions detrimental to their development and preservation. In
view of the foregoing, the State needs to enhance further the efficacy of the law
against dangerous drugs, it being one of todays more serious social ills. Toward this
end, the government shall pursue an intensive and unrelenting campaign against
the trafficking 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 projects. The government shall, however, aim to achieve a
balance in the national drug control program so that people with legitimate medical
needs are not prevented from being treated with adequate amounts of appropriate
medications, which include the use of dangerous drugs. It is further declared the
policy of the State to provide effective mechanisms or measures to reintegrate into
society individuals who have fallen victims to drug abuse or dangerous drug
dependence through sustainable programs of treatment and rehabilitation. ARTICLE
I DEFINITION OF TERMS SECTION 3. Definitions. - As used in this IRR, the following
terms shall mean: (a) Accreditation - the formal authorization issued by the
Department of Health (DOH) to an individual, partnership, corporation or association
to operate a laboratory and rehabilitation facility after compliance with the
standards set at a maximum achievable level to stimulate improvement over time;
(b) Act - refers to Republic Act No. 9165; (c) Administer any act of introducing any
dangerous drug into the body of any person, with or without his/her knowledge, by
injection, inhalation, ingestion or other means, or of committing any act of
indispensable assistance to a person in administering a dangerous drug to
himself/herself unless administered by a duly licensed practitioner for purposes of
medication; (d) Board or DDB - refers to the Dangerous Drugs Board under Section
77, Article IX of the Act; (e) Center any of the treatment and rehabilitation centers
which undertake the treatment, after-care and follow-up treatment of drug

dependents as referred to in Section 75, Article VIII of the Act. It includes

institutions, agencies and the like whose purposes are: the development of skills,
arts, and technical know-how; counseling; and/or inculcating civic, social, and moral
values 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 readjusted
into the community as law abiding, useful and productive citizens; (f) Chemical
Diversion - the sale, distribution, supply or transport of legitimately imported, intransit, manufactured or procured controlled precursors and essential chemicals, in
diluted, mixtures or in concentrated form, to any person or entity engaged in the
manufacture of any dangerous drug, and shall include packaging, repackaging,
labeling or concealment of such transaction through fraud, destruction of
documents, fraudulent use of permits, misdeclaration, use of front companies or
mail fraud; (g) Clandestine Laboratory any facility used for the illegal manufacture
of any dangerous drug and/or controlled precursor and essential chemical; (h)
Confinement - refers to the residential treatment and rehabilitation of trainees,
clients and patients in a center; (i) Confirmatory Test an analytical test using a
device, tool or equipment with a different chemical or physical principle that is more
specific which will validate and confirm the result of the screening test. It refers to
the second or further analytical procedure to more accurately determine the
presence of dangerous drugs in a specimen; (j) Controlled Delivery the
investigative technique of allowing an unlawful or suspect consignment of any
dangerous drug and/or controlled precursor and essential chemical, equipment or
paraphernalia or property believed to be derived directly or indirectly from any
offense, to pass into, through or out of the country under the supervision of an
authorized officer, with a view to gathering evidence to identify any person involved
in any dangerous drug related offense, or to facilitate prosecution of that offense;
(k) Controlled Precursors and Essential Chemicals include those listed in Tables I
and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances as enumerated in the attached annex, which is an integral
part of the Act; (l) Cultivate or Culture any act of knowingly planting, growing,
raising, or permitting the planting, growing or raising of any plant which is the
source of a dangerous drug; (m) DOH-Accredited Physician refers to a physician
with background experience on psychological/behavioral medicine whose
application has been approved and duly authorized by the DOH to conduct
dependency examination on persons believed to be using dangerous drugs; (n)
Dangerous Drugs include those listed in the Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by the 1972 Protocol, and in the
Schedules annexed to the 1971 Single Convention on Psychotropic Substances as
enumerated in the attached annex which is an integral part of the Act; (o) Deliver
any act of knowingly passing a dangerous drug to another, personally or otherwise,
and by any means, with or without consideration; (p) Den, Dive or Resort a place
where any dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, stored for illegal purposes, distributed, sold or used in any
form; (q) Dispense any act of giving away, selling or distributing medicine or any

dangerous drug with or without the use of prescription; (r) Drug Dependence as
based on the World Health Organization definition, it is a cluster of physiological,
behavioral and cognitive phenomena of variable intensity, in which the use of
psychoactive drug takes on a high priority thereby involving, among others, a strong
desire or a sense of compulsion to take the substance and the difficulties in
controlling substance-taking behavior in terms of its onset, termination, or levels of
use; (s) Drug Dependent refers to a person suffering from drug dependence; (t)
Drug Syndicate any organized group of two (2) or more persons forming or joining
together with the intention of committing any offense prescribed under the Act; (u)
Employee of Den, Dive or Resort the caretaker, helper, watchman, lookout, and
other persons working in the den, dive or resort, employed by the maintainer,
owner and/or operator where any dangerous drug and/or controlled precursor and
essential chemical is administered, delivered, distributed, sold or used, with or
without compensation, in connection with the operation thereof; (v) Financier any
person who pays for, raises or supplies money for, or underwrites any of the illegal
activities prescribed under the Act; (w) Illegal Trafficking the illegal cultivation,
culture, delivery, administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and possession of any
dangerous drug and/or controlled precursor and essential chemical; (x) Income revenues generated minus the expenses incurred by health facilities in providing
health services for the drug dependents; (y) Instrument any thing that is used or
intended to be used, in any manner, in the commission of illegal drug trafficking or
related offenses; (z) Laboratory - refers to the facility of a private or government
agency that is capable of testing a specimen to determine the presence of
dangerous drugs therein; (aa) Laboratory Equipment the paraphernalia,
apparatuses, materials or appliances when used, intended for use or designed for
use in the manufacture of any dangerous drug and/or controlled precursor and
essential chemical, such as reaction vessel, preparative/purifying equipment,
fermentors, separatory funnel, flask, heating mantle, gas generator, or their
substitute; (bb) Manufacture the production, preparation, compounding or
processing of any dangerous drug and/or controlled precursor and essential
chemical, either directly or indirectly or by extraction from substances of natural
origin, or independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis, and shall include any packaging or repackaging
of such substances, design or configuration of its form, or labeling or relabeling of
its container; except that such terms do not include the preparation, compounding,
packaging or labeling of a drug or other substances by a duly authorized
practitioner as an incident to his/her administration or dispensation of such drug or
substance in the course of his/her professional practice including research, teaching
and chemical analysis of dangerous drugs or such substances that are not intended
for sale or for any other purpose; (cc) Cannabis or commonly known as Marijuana
or Indian Hemp or by its any other name embraces every kind, class, genus, or
specie of the plant Cannabis sativa L, including, but not limited to, Cannabis
americana, hashish, bhang, guaza, churrus and ganjab, and embraces every kind,

class and character of marijuana, whether dried or fresh and flowering, flowering or
fruiting tops, or any part or portion of the plant and seeds thereof, and all its
geographic varieties, whether as a reefer, resin, extract, tincture or in any form
whatsoever; (dd) Methylenedioxymethamphetamine (MDMA) or commonly known
as Ecstasy, or by its any other name refers to the drug having such chemical
composition, including any of its isomers or derivatives in any form; (ee)
Methamphetamine Hydrochloride or commonly known as Shabu, Ice, Meth, or
by its any other name refers to the drug having such chemical composition,
including any of its isomers or derivatives in any form; (ff) Opium refers to the
coagulated juice of the opium poppy (Papaver somniferum L.) and embraces every
kind, class and character of opium, whether crude or prepared; the ashes or refuse
of the same, narcotic preparations thereof or therefrom; morphine or any alkaloid of
opium; preparations in which opium, morphine or any alkaloid of opium enters as an
ingredient; opium poppy; opium poppy straw; and leaves or wrappings of opium
leaves, whether prepared for use or not; (gg) Opium Poppy refers to any part of
the plant of the species Papaver somniferum L., Papaver setigerum DC, Papaver
orientale, Papaver bracteatum and Papaver rhoeas, which includes the seeds,
straws, branches, leaves or any part thereof, or substances derived therefrom, even
for floral, decorative and culinary purposes; (hh) PDEA refers to the Philippine
Drug Enforcement Agency under Section 82, Article IX of the Act; (ii) Person any
entity, natural or juridical, including among others, a corporation, partnership, trust
or estate, joint stock company, association, syndicate, joint venture or other
unincorporated organization or group capable of acquiring rights or entering into
obligations; (jj) Planting of Evidence the willful act of any person of maliciously and
surreptitiously inserting, placing, adding or attaching directly or indirectly, through
any overt or covert act, whatever quantity of any dangerous drug and/or controlled
precursor and essential chemical in the person, house, effects or in the immediate
vicinity of an innocent individual for the purpose of implicating, incriminating or
imputing the commission of any violation of the Act; (kk) Practitioner any person
who is a licensed physician, dentist, chemist, medical technologist, nurse, midwife,
veterinarian or pharmacist in the Philippines; (ll) Protector/Coddler any person who
knowingly and willfully consents to the unlawful acts provided for in the Act and
uses his/her influence, power or position in shielding, harboring, screening or
facilitating the escape of any person he/she knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of the Act in order to prevent the
arrest, prosecution and conviction of the violator; (mm) Pusher any person who
sells, trades, administers, dispenses, delivers or gives away to another, on any term
whatsoever, or distributes, dispatches in transit or transports dangerous drugs or
who acts as a broker in any of such transactions, in violation of the Act; (nn)
Rehabilitation the dynamic process, including after-care and follow-up treatment,
directed towards the physical, emotional/psychological, vocational, social and
spiritual change/enhancement of a drug dependent to enable him/her to live
without dangerous drugs, enjoy the fullest life compatible with his/her capabilities
and potentials and render him/her able to become a law-abiding and productive

member of the community; (oo) School any educational institution, private or

public, undertaking educational operation for pupils/students pursuing certain
studies at defined levels, receiving instructions from teachers, usually located in a
building or a group of buildings in a particular physical or cyber site; (pp) Screening
Test a rapid test performed to establish potential/presumptive positive result. It
refers to the immunoassay test to eliminate a negative specimen, i.e. one without
the presence of dangerous drugs, from further consideration and to identify the
presumptively positive specimen that requires confirmatory test; (qq) Trading
transactions involving the illegal trafficking of dangerous drugs and/or controlled
precursors and essential chemicals using electronic devices such as, but not limited
to, text messages, email, mobile or landlines, two-way radios, internet, instant
messengers and chat rooms or acting as a broker in any of such transactions
whether for money or any other consideration in violation of the Act; (rr) Use any
act of injecting, intravenously or intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the
physiological system of the body, any of the dangerous drugs. ARTICLE II UNLAWFUL
ACTS AND PENALTIES SECTION 4. Importation of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals. - The penalty of life imprisonment to death and
a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law,
shall import or bring into the Philippines any dangerous drug, regardless of the
quantity and purity involved, including any and all species of opium poppy or any
part thereof or substances derived therefrom even for floral, decorative and culinary
purposes. The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person, who, unless authorized by law, shall import any controlled precursor
and essential chemical. The maximum penalty provided for under this Section shall
be imposed upon any person, who, unless authorized under the Act, shall import or
bring into the Philippines any dangerous drug and/or controlled precursor and
essential chemical through the use of a diplomatic passport, diplomatic facilities or
any other means involving his/her official status intended to facilitate the unlawful
entry of the same. In addition, the diplomatic passport shall be confiscated and
canceled. The maximum penalty provided for under this Section shall be imposed
upon any person, who organizes, manages, or acts as a financier of any of the
illegal activities prescribed in this Section. The penalty of twelve (12) years and one
(1) day to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a protector/coddler of any violator of
the provisions under this Section. SECTION 5. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to
death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who, unless

authorized by law, shall sell, trade, administer, dispense, deliver, give away to
another, distribute, dispatch in transit or transport any dangerous drug, including
any and all species of opium poppy regardless of the quantity and purity involved,
or shall act as a broker in any of such transactions. The penalty of imprisonment
ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who, unless authorized by
law, shall sell, trade, administer, dispense, deliver, give away to another, distribute,
dispatch in transit or transport any controlled precursor and essential chemical, or
shall act as a broker in such transactions. If the sale, trading, administration,
dispensation, delivery, distribution or transportation of any dangerous drug and/or
controlled precursor and essential chemical transpires within one hundred (100)
meters from the school, the maximum penalty shall be imposed in every case. For
drug pushers who use minors or mentally incapacitated individuals as runners,
couriers and messengers, or in any other capacity directly connected to the
dangerous drugs and/or controlled precursors and essential chemicals trade, the
maximum penalty shall be imposed in every case. If the victim of the offense is a
minor or a mentally incapacitated individual, or should a dangerous drug and/or a
controlled precursor and essential chemical involved in any offense herein provided
be the proximate cause of death of a victim thereof, the maximum penalty provided
for under this Section shall be imposed. The maximum penalty provided for under
this Section shall be imposed upon any person who organizes, manages or acts as a
financier of any of the illegal activities prescribed in this Section. The penalty of
twelve (12) years and one (1) day to twenty (20) years of imprisonment and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who acts as a
protector/coddler of any violator of the provisions under this Section. SECTION 6.
Maintenance of a Den, Dive or Resort. - The penalty of life imprisonment to death
and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person or group of persons who
shall maintain a den, dive or resort where any dangerous drug is used or sold in any
form. The penalty of imprisonment ranging from twelve (12) years and one (1) day
to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person or group of persons who shall maintain a den, dive, or resort where any
controlled precursor and essential chemical is used or sold in any form. The
maximum penalty provided for under this Section shall be imposed in every case
where any dangerous drug is administered, delivered or sold to a minor who is
allowed to use the same in such a place. Should any dangerous drug be the
proximate cause of the death of a person using the same in such den, dive or resort,
the penalty of death and a fine ranging from One million (P1,000,000.00) to Fifteen
million pesos (P15,000,000.00) shall be imposed on the maintainer, owner and/or
operator. If such den, dive or resort is owned by a third person, the same shall be
confiscated and escheated in favor of the government: Provided, that the criminal

complaint shall specifically allege that such place is intentionally used in the
furtherance of the crime; Provided, further, that the prosecution shall prove such
intent on the part of the owner to use the property for such purpose; Provided,
finally, that the owner shall be included as an accused in the criminal complaint.
The maximum penalty provided for under this Section shall be imposed upon any
person who organizes, manages or acts as a financier of any of the illegal
activities prescribed in this Section. The penalty of twelve (12) years and one (1)
day to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a protector/coddler of any violator of
the provisions under this Section. SECTION 7. Employees and Visitors of a Den, Dive
or Resort. - The penalty of imprisonment ranging from twelve (12) years and one (1)
day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
upon: (a) Any employee of den, dive or resort, who is aware of the nature of the
place as such; and (b) Any person who, not being included in the provisions of the
next preceding paragraph, is aware of the nature of the place as such and shall
knowingly visit the same. SECTION 8. Manufacture of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals. - The penalty of life imprisonment to
death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten
million pesos (P10,000,000.00) shall be imposed upon any person, who unless
authorized by law, shall engage in the manufacture of any dangerous drug. The
penalty of imprisonment ranging from twelve (12) years and one (1) day to twenty
(20) years and a fine ranging from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) shall be imposed upon any person, who
unless authorized by law, shall manufacture any controlled precursor and essential
chemical. The presence of any controlled precursor and essential chemical or
laboratory equipment in the clandestine laboratory is a prima facie proof of
manufacture of any dangerous drug. It shall be considered an aggravating
circumstance if the clandestine laboratory is undertaken or established under the
following circumstances: (a) Any phase of the manufacturing process was
conducted in the presence or with the help of minor/s; (b) Any phase or
manufacturing process was established or undertaken within one hundred (100)
meters of a residential, business, church or school premises; (c) Any clandestine
laboratory was secured or protected with booby traps; (d) Any clandestine
laboratory was concealed with legitimate business operations; or (e) Any
employment of a practitioner, chemical engineer, public official or foreigner. The
maximum penalty provided for under this Section shall be imposed upon any
person, who organizes, manages or acts as a financier of any of the illegal
activities prescribed in this Section. The penalty of twelve (12) years and one (1)
day to twenty (20) years of imprisonment and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall
be imposed upon any person, who acts as a protector/coddler of any violator of
the provisions under this Section. SECTION 9. Illegal Chemical Diversion of

Controlled Precursors and Essential Chemicals. - The penalty of imprisonment

ranging from twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to Five hundred thousand
pesos (P500,000.00) shall be imposed upon any person, who unless authorized by
law, shall illegally divert any controlled precursor and essential chemical. SECTION
10. Manufacture or Delivery of Equipment, Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential
Chemicals. - The penalty of imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed upon
any person who shall deliver, possess with intent to deliver, or manufacture with
intent to deliver equipment, 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, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack, store,
contain or conceal any dangerous drug and/or controlled precursor and essential
chemical in violation of the Act. The penalty of imprisonment ranging from six (6)
months and one (1) day to four (4) years and a fine ranging from Ten thousand
pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed if it will
be used to inject, ingest, inhale or otherwise introduce into the human body a
dangerous drug in violation of the Act. The maximum penalty provided for under
this Section shall be imposed upon any person, who uses a minor or a mentally
incapacitated individual to deliver such equipment, instrument, apparatus and other
paraphernalia for dangerous drugs. SECTION 11. Possession of Dangerous Drugs. The penalty of life imprisonment to death and a fine ranging from Five hundred
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00) shall be
imposed upon any person, who, unless authorized by law, shall possess any
dangerous drug in the following quantities, regardless of the degree of purity
thereof: (a) 10 grams or more of opium; (b) 10 grams or more of morphine; (c) 10
grams or more of heroin; (d) 10 grams or more of cocaine or cocaine hydrochloride;
(e) 50 grams or more of methamphetamine hydrochloride or shabu; (f) 10 grams
or more of marijuana resin or marijuana resin oil; (g) 500 grams or more of
marijuana; and (h) 10 grams or more of other dangerous drugs such as, but not
limited to, methylenedioxymethamphetamine (MDMA) or ecstasy,
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic acid
diethylamine (LSD), gamma hydroxybutyrate (G

-ARTICLE IX DANGEROUS DRUGS BOARD AND PHILIPPINE DRUG ENFORCEMENT

AGENCY SECTION 77. The Dangerous Drugs Board. The Board shall be the policymaking and strategy-formulating body in the planning and formulation of policies
and programs on drug prevention and control. It shall develop and adopt a

comprehensive, integrated, unified and balanced national drug abuse prevention

and control strategy. It shall be under the Office of the President. SECTION 78.
Composition of the Board. The Board shall be composed of seventeen (17)
members wherein three (3) of which are permanent members, the other twelve (12)
members shall be in an ex-officio capacity and the two (2) shall be regular
members. The three (3) permanent members, who shall possess at least seven-year
training and experience in the field of dangerous drugs and in any of the following
fields: law, medicine, criminology, psychology or social work, shall be appointed by
the President of the Philippines. The President shall designate a Chairperson, who
shall have the rank of a secretary from among the three (3) permanent members
who shall serve for six (6) years. Of the two (2) other members, who shall both have
the rank of undersecretary, one (1) shall serve for four (4) years and the other for
two (2) years. Thereafter, the persons appointed to succeed such members shall
hold office for a term of six (6) years and until their successors shall have been duly
appointed and qualified. The other twelve (12) members who shall be ex-officio
members of the Board are the following: (1) Secretary of the Department of Justice
or his/her representative; (2) Secretary of the Department of Health or his/her
representative; (3) Secretary of the Department of National Defense or his/her
representative; (4) Secretary of the Department of Finance or his/her
representative; (5) Secretary of the Department of Labor and Employment or his/her
representative. (6) Secretary of the Department of the Interior and Local
Government or his/her representative; (7) Secretary of the Department of Social
Welfare and Development or his/her representative; (8) Secretary of the
Department of Foreign Affairs or his/her representative; (9) Secretary of the
Department of Education or his/her representative; (10) Chairperson of the
Commission on Higher Education or his/her representative; (11) Chairperson of the
National Youth Commission; and (12) Director General of the Philippine Drug
Enforcement Agency. Cabinet secretaries who are members of the Board may
designate their duly authorized and permanent representative whose ranks shall in
no case be lower than undersecretary. The two (2) regular members shall be as
follows: (a) The president of the Integrated Bar of the Philippines; and (b) The
chairperson or president of a nongovernment organization involved in dangerous
drug campaign to be appointed by the President of the Philippines. The Director of
the NBI and the Chief of the PNP shall be the permanent consultants of the Board,
and shall attend all the meetings of the Board. All members of the Board, as well as
its permanent consultants, shall receive a per diem for every meeting actually
attended subject to the pertinent budgetary laws, rules and regulations on
compensation, honoraria and allowances: Provided, that where the representative of
an ex-officio member or of the permanent consultant of the Board attends a
meeting in behalf of the latter, such representative shall be entitled to receive the
per diem. SECTION 79. Meetings of the Board. The Board shall meet once a week
or more frequently as necessary at the discretion of the Chairperson or at the call of
any four (4) other members. The presence of nine (9) members shall constitute a
quorum. SECTION 80. Secretariat of the Board. - The Board shall recommend to the

President of the Philippines the appointment of an Executive Director, with the rank
of an undersecretary, who shall be the Secretary of the Board and administrative
officer of its secretariat, and shall perform such other duties that may be assigned
to him/her. He/she must possess adequate knowledge, training and experience in
the field of dangerous drugs, and in any of the following fields: law enforcement,
law, medicine, criminology, psychology or social work. Two deputy executive
directors, for administration and operations, with the ranks of assistant secretary,
shall be appointed by the President upon recommendation of the Board. They shall
possess the same qualifications as those of the executive director. They shall
receive a salary corresponding to their position as prescribed by the Salary
Standardization Law as a Career Service Officer. The existing secretariat of the
Board shall be under the administrative control and supervision of the Executive
Director. It shall be composed of the following Services: Policy Studies, Research and
Statistics; Preventive Education, Training and Information; Legal Affairs; and
Administrative and Financial Management. SECTION 81. Powers and Duties of the
Board. The Board shall: (a) Formulate, develop and establish a comprehensive,
integrated, unified and balanced national drug abuse prevention and control
strategy; (b) Promulgate such rules and regulations as may be necessary to carry
out the purposes of the Act, including the manner of safekeeping, disposition,
burning or condemnation of any dangerous drug and/or controlled precursor and
essential chemical under the charge and custody of DDB, PDEA and other
concerned agencies, and prescribe administrative remedies or sanctions for the
violations of such rules and regulations; (c) Conduct policy studies, program
monitoring and evaluations and other researches on drug prevention, control and
enforcement; (d) Initiate, conduct and support scientific, clinical, social,
psychological, physical and biological researches on dangerous drugs and
dangerous drugs prevention and control measures; (e) Develop an educational
program and information drive on the hazards and prevention of illegal use of any
dangerous drug and/or controlled precursor and essential chemical based on factual
data, and disseminate the same to the general public, for which purpose the Board
shall endeavor to make the general public aware of the hazards of any dangerous
drug and/or controlled precursor and essential chemical by providing among others,
literature, films, displays or advertisements and by coordinating with all institutions
of learning, as well as with all national and local enforcement agencies, in planning
and conducting its educational campaign programs to be implemented by the
appropriate government agencies; (f) Conduct continuing seminars for, and
consultations with, and provide information materials to judges and prosecutors in
coordination with the Office of the Court Administrator, in the case of judges, and
the DOJ, in the case of prosecutors, which aim to provide them with the current
developments and programs of the Board pertinent to its campaign against
dangerous drugs and its scientific researches on dangerous drugs, its prevention
and control measures; (g) Design special trainings in order to provide law
enforcement officers, members of the judiciary, and prosecutors, school authorities
and personnel of centers with knowledge and know-how in dangerous drugs and/or

controlled precursors and essential chemicals control, in coordination with the

Supreme Court, to meet the objectives of the national drug control programs; (h)
Design and develop, in consultation and coordination with the DOH, DSWD and
other agencies involved in drugs control, treatment and rehabilitation, both public
and private, a national treatment and rehabilitation program for drug dependents
including a standard after-care and community service program for recovering drug
dependents; (i) Design and develop, jointly with the DOLE and in consultation with
labor and employer groups, as well as non-government organizations, a drug abuse
prevention program in the workplace that would include a provision for employee
assistance programs for emotionally-stressed employees; (j) Prescribe and
promulgate rules and regulations governing the establishment of such centers,
networks and laboratories as deemed necessary after conducting a feasibility study,
in coordination with the DOH and other government agencies; (k) Initiate and
authorize closure proceedings against non-accredited and/or substandard
rehabilitation centers based on verified reports of human rights violations,
subhuman conditions, inadequate medical training and assistance and excessive
fees for implementation by the PDEA; In conjunction with sub-paragraphs (c), (d)
and (e) of Section 76 and sub-paragraphs (j) and (k) of Section 81, the DDB and the
DOH shall jointly promulgate standards and guidelines for the establishment,
operationalization, monitoring and closure of treatment and rehabilitation facilities.
(l) Receive, gather, collect and evaluate all information on the importation,
exportation, production, manufacture, sale, stocks, seizures of and the estimated
need for any dangerous drug and/or controlled precursor and essential chemical, for
which purpose the Board may require from any official, instrumentality or agency of
the government or any private person or enterprise dealing in, or engaged in
activities having to do with any dangerous drug and/or controlled precursor and
essential chemical such data or information as it may need to implement the Act;
(m) Gather and prepare detailed statistics on the importation exportation,
manufacture, stocks, seizures of and estimated need for any dangerous drug and/or
controlled precursor and essential chemical and such other statistical data on said
drugs as may be periodically required by the United Nations Commission on
Narcotic Drugs, the World Health Organization and other international organizations
in consonance with the countrys international commitments; (n) Develop and
maintain international networking coordination with international drug control
agencies and organizations, and implement the provisions of international
conventions and agreements thereon which have been adopted and approved by
the Congress of the Philippines; (o) Require all government and private hospitals,
clinics, doctors, dentists and other practitioners' to submit a report to the Board, in
coordination with the PDEA, about all dangerous drugs and/or controlled precursors
and essential chemicalsrelated cases to which they have attended for statistics and
research purposes; (p) Receive in trust legacies, gifts and donations of real and
personal properties of all kinds, to administer and dispose of the same when
necessary for the benefit of government and private rehabilitation centers subject
to limitations, directions and instructions from the donors, if any; (q) Issue

guidelines as to the approval or disapproval of applications for voluntary treatment,

rehabilitation or confinement, wherein it shall issue the necessary guidelines, rules
and regulations pertaining to the application and its enforcement; (r) Formulate
guidelines, in coordination with other government agencies, the importation,
distribution, production, manufacture, compounding, prescription, dispensing and
sale of, and other lawful acts in connection with any dangerous drug, controlled
precursor and essential chemical and other similar or analogous substances of such
kind and in such quantity as it may deem necessary according to the medical and
research needs or requirements of the country including diet pills containing
ephedrine and other addictive chemicals and determine the quantity and/or quality
of dangerous drugs and precursors and essential chemicals to be imported,
manufactured and held in stock at any given time by authorized importer,
manufacturer or distributor of such drugs: Provided, that the corresponding license
for this purpose shall be issued by the PDEA; (s) Develop, in consultation with
concerned agencies, the utilization of a controlled delivery scheme in addressing
the transshipment of dangerous drugs into and out of the country to neutralize
transnational crime syndicates involved in illegal trafficking of any dangerous drug
and/or controlled precursor and essential chemical for implementation by the PDEA
in collaboration with other agencies and foreign counterparts; (t) Recommend the
revocation of the professional license of any practitioner who is an owner, co-owner,
lessee, or in the employ of the drug establishment, or manager of a partnership,
corporation, association, or any juridical entity owning and/or controlling such drug
establishment, and who knowingly participates in or consents to tolerates, or abets
the commission of the act of violations as indicated in the preceding paragraph, all
without prejudice to the criminal prosecution of the person responsible for the said
violation; (u) Appoint such technical, administrative and other personnel as may be
necessary for the effective implementation of the Act, subject to the Civil Service
Law and its rules and regulations; (v) Establish a regular and continuing consultation
with concerned government agencies and medical professional organizations to
determine if balance exists in policies, procedures, rules and regulations on
dangerous drugs and to provide recommendations on how the lawful use of
dangerous drugs can be improved and facilitated; (w)Approve changes in the
organizational setup of PDEA as submitted by the Director General of the PDEA, as
provided for under Section 83; (x) Approve the establishment of the PDEA Academy
either in Baguio or Tagaytay City, and in such other places as may be necessary,
and provide for the qualifications and requirements of PDEA recruits who must be at
least twenty-one (21) years old, of proven integrity and honesty and a
baccalaureate degree holder, as provided for under Section 85; (y) Reclassify, add
to or remove any dangerous drug from, the lists of dangerous drugs and controlled
precursors and essential chemicals, as provided for under Section 93; (z) Receive
from DOH all income derived from fees for drug dependency examinations and
other medical and legal services provided to the public which shall be constituted as
special funds for the implementation of the Act, as provided for under Section 76 (f);
(aa) Receive fines, fees, net proceeds of any sale or disposition of any property

confiscated or forfeited, and other income authorized and imposed under the Act,
including ten per cent (10%) of all unclaimed and forfeited sweepstakes and lotto
prizes but not less than Twelve million pesos (P12,000,000.00) per year from the
Philippine Charity Sweepstakes Office (PCSO), and Five million pesos
(P5,000,000.00) a month from PAGGOR, which shall constitute as special account in
the general fund for the implementation of the Act, excluding the operating
expenses of the Board and other concerned agencies at least fifty per cent (50%) of
all funds which shall be reserved for assistance to government-owned and/or
operated rehabilitation centers, as provided for under Sections 76 (f) and 87; (b

-ARTICLE X APPROPRIATIONS, MANAGEMENT OF FUNDS AND ANNUAL REPORT

SECTION 87. Appropriations. - The amount necessary for the operation of the Board
and the PDEA shall be charged against the current years appropriations of the
Board, the DEP Center, the Narcotics Group of the PNP, the Narcotics Division of the
NBI and other drug abuse units of the different law enforcement agencies integrated
into the PDEA in order to carry out the provisions of the Act. Thereafter, such sums
as may be necessary for the continued implementation of the Act shall be included
in the annual General Appropriations Act. All receipts derived from fines, fees and
other income authorized and imposed in the Act, including ten percent (10%) of all
unclaimed and forfeited sweepstakes and lotto prizes but not less than Twelve
million pesos (P12,000,000.00) per year from the Philippine Charity Sweepstakes
Office (PCSO), are hereby constituted as a special account in the general fund for
the implementation of the Act: Provided, that no amount shall be disbursed to cover
the operating expenses of the Board and other concerned agencies; Provided,
further, that at least fifty percent (50%) of all the funds shall be reserved for
assistance to government-owned and/or operated rehabilitation centers. The fines
shall be remitted to the Board by the court imposing such fines within thirty (30)
days from the finality of its decisions or orders. The unclaimed and forfeited prizes
shall be turned over to the Board by the PCSO within thirty (30) days after these are
collected and declared forfeited. A portion of the funds generated by the Philippine
Amusement and Gaming Corporation (PAGCOR) in the amount of Five million pesos
(P5,000,000.00) a month shall be set aside for the purpose of establishing adequate
drug rehabilitation centers in the country and also for the maintenance and
operations of such centers: Provided, that the said amount shall be taken from the
fifty percent (50%) share of the National Government in the income of PAGCOR;
Provided, further, that the said amount shall automatically be remitted by PAGCOR
to the Board. The amount shall, in turn, be disbursed by the Board, subject to the
rules and regulations of the Commission on Audit (COA). The fund may be
augmented by grants, donations, and endowment from various sources, domestic or
foreign, for purposes related to their functions, subject to the existing guidelines set
by the government. (a) No money shall be paid out of the National Treasury for the

current operating and capital outlay requirement of the programs, projects and
activities of the Board and the PDEA, including those funded from the Special
Account in the General Fund (SAGF) constituted under Section 87 of the Act and the
next succeeding Rule, except in pursuance of an express appropriation made by
Congress in the annual General Appropriations Act. Until such time that such an
express appropriation is made, the amounts necessary for the operation of the new
DDB and PDEA shall be charged against the current years appropriation of the old
DDB of the DOH, the DEP Center, the Narcotics Group of the PNP, the Narcotics
Division of the NBI and other drug enforcement units of the different law
enforcement agencies integrated into the PDEA, subject to such guidelines as may
be issued by DBM for the purpose. (b) The Bureau of Treasury (BTr) shall open a
SAGF in favor of the Board to which shall be deposited the following: b.1) Receipts
derived from fines which shall be remitted by the court imposing such fines within
thirty (30) days from the finality of its decisions or orders; b.2) Ten percent (10%) of
all unclaimed and forfeited sweepstakes and lotto prizes, but in no case less than
Twelve million pesos (P12,000,000.00) per year, which shall be remitted by the
PCSO within thirty (30) days after these are collected and declared forfeited; b.3)
Proceeds from fees and other incomes authorized and imposed pursuant to the Act;
b.4) The Five million pesos (P5,000,000.00) monthly share of the Board from the
fifty percent (50%) statutory share of the National Government in the income of the
PAGCOR which shall automatically remit the same; and b.5) Grants, donations and
endowments from various sources, domestic or foreign, for purposes relative to
their functions and subject to existing guidelines. (c) Release against the SAGF shall
be governed by Section 35, Chapter 5, Book VI of E.O. No. 292 (The Administrative
Code of 1987), the established programming considerations, and the observance of
the following conditions specified by the Act: c.1) At least fifty percent (50%) of the
total receipts derived from fines, fees and other income authorized and imposed
under the Act, including the ten percent (10%) of all unclaimed and forfeited
sweepstakes and lotto prizes from PCSO, shall be reserved for assistance to drug
treatment and rehabilitation centers owned and/or operated by the National
Government and its political subdivisions and that no amount in the total of such
receipts shall be disbursed to cover the operating expenses of the Board, the PDEA,
and other concerned agencies; and c.2) The Five million pesos (P5,000,000.00)
monthly share of the Board from the fifty percent (50%) statutory share of the
National Government from the PAGCOR income shall be used exclusively for the
establishment and maintenance of new drug treatment and rehabilitation centers in
the country, as well as the operation and maintenance of existing ones. SECTION
88. Management of Funds Under the Act: Annual Report by the Board and the PDEA.
(a) Fund Management. The Board and the PDEA shall manage their respective
funds, whether appropriated by Congress or coming from other sources, as each
may deem proper for the attainment of the objectives of the Act, and respectively
account for the same, subject to the observance of the terms and conditions set in
the annual general appropriations act and pertinent budgeting, accounting and
auditing rules and regulations. (b) Annual Report. In addition to the periodic

reports prescribed elsewhere in this IRR, the Chairperson of the Board shall submit
to the President of the Philippines and to the presiding officers of the two chambers
of Congress, within fifteen (15) 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 projects undertaken, statistics on crimes
related to the dangerous drugs, expenses incurred in pursuit of the mandate set
under the Act, recommended remedial legislation, if needed, and such other
relevant facts as it may deem proper to cite. SECTION 89. Auditing the Accounts and
Expenses of the Board and the PDEA. All accounts and expenses of the Board and
the PDEA shall be audited by the COA or its duly authorized representative. ARTICLE
XI JURISDICTION OVER DANGEROUS DRUGS CASES SECTION 90. Jurisdiction. - The
Supreme Court shall designate special courts from among the existing Regional Trial
Courts in each judicial region to exclusively try and hear cases involving violations
of the Act. The number of courts designated in each judicial region shall be based
on the population and the number of cases pending in their respective jurisdiction.
The DOJ, through its provincial/city prosecution offices, shall designate special
prosecutors to exclusively handle cases involving violations of the Act. The
preliminary investigation of cases filed under the Act shall be terminated within a
period of thirty (30) days from the date of their filing. When the preliminary
investigation is conducted by a public prosecutor and a probable cause is
established, the corresponding information shall be filed in court within twenty-four
(24) hours from the termination of the investigation. If the preliminary investigation
is conducted by a judge and a probable cause is found to exist, the corresponding
information shall be filed by the proper prosecutor within fortyeight (48) hours from
the date of receipt of the records of the case. However, when the prosecutor
disagrees with the finding of the Municipal Trial Court and he/she finds the need to
conduct a formal reinvestigation of the case to clarify issues, or to afford either
party the opportunity to be heard to avoid miscarriage of justice, the prosecutor has
to terminate the reinvestigation within fifteen (15) days from receipt of the records,
and if probable cause exists, to file the corresponding information in court within
forty-eight (48) hours from termination of the reinvestigation. Trial of the case under
this Section shall be finished by the court not later than sixty (60) days from the
date of the filing of the information. Decision on said cases shall be rendered within
a period of fifteen (15) days from the date of submission of the case for resolution.
SECTION 91. Responsibility and Liability of Law Enforcement Agencies and other
Government Officials and Employees in Testifying as Prosecution Witnesses in
Dangerous Drugs Cases. - Any member of law enforcement agencies or any other
government official and employee who, after due notice, fails or refuses
intentionally or negligently, to appear as a witness for the prosecution in any
proceeding, involving violations of the Act, without any valid reason, shall be
punished with imprisonment of not less than twelve (12) years and one (1) day to
twenty (20) years and a fine of not less than Five hundred thousand pesos
(P500,000.00), in addition to the administrative liability he/she may be meted out
by his/her immediate superior and/or appropriate body. The immediate superior of

the member of the law enforcement agency or any other government employee
mentioned in the preceding paragraph shall be penalized with imprisonment of not
less than two (2) months and one (1) day but not more than six (6) years and a fine
of not less than Ten thousand pesos (P10,000.00) but not more than Fifty thousand
pesos (P50,000.00) and in addition, perpetual absolute disqualification from public
office if despite due notice to them and to the witness concerned, the former does
not exert reasonable effort to present the latter to the court. The member of the law
enforcement agency or any other government employee mentioned in the
preceding paragraphs shall not be transferred or reassigned to any other
government office located in another territorial jurisdiction during the pendency of
the case in court. However, the concerned member of the law enforcement agency
or government employee may be transferred or re-assigned for compelling reasons:
Provided, that his/her immediate superior shall notify the court in writing where the
case is pending of the order to transfer or re-assign, within twenty-four (24) hours
from its approval; Provided, further, that his/her immediate superior shall be
penalized with imprisonment of not less than (2) months and one (1) day but not
more than six (6) years and a fine of not less than Ten thousand pesos (P10,000.00)
but not more than Fifty thousand pesos (P50,000.00) and in addition, perpetual
absolute disqualification from public office, should he/she fail to notify the court in
writing of such order to transfer or re-assign. Prosecution and punishment under this
Section shall be without prejudice to any liability for violation of any existing law.
SECTION 92. Delay and Bungling in the Prosecution of Drug Cases. Any government
officer or employee tasked with the prosecution of drugrelated cases under the Act,
either as prosecutor, prosecution witness, or as law enforcement agent, who,
through patent laxity, inexcusable neglect, unreasonable delay or deliberately
causes the unsuccessful prosecution and/or dismissal of the said drug cases, shall
suffer the penalty of imprisonment ranging from twelve (12) years and one (1) day
to twenty (20) years without prejudice to his/her prosecution under the pertinent
provisions of the Revised Penal Code. SECTION 93. Reclassification, Addition or
Removal of Any Drug from the List of Dangerous Drugs. - The Board shall have the
power to reclassify, add to or remove from the list of dangerous drugs. Proceedings
to reclassify, add or remove a drug or other substance may be initiated by the
PDEA, the DOH , or by petition from any interested party, including the
manufacturer of a drug, a medical society or association, a pharmacy association, a
public interest group concerned with drug abuse, a national or local government
agency, or an individual citizen. When a petition is received by the Board, it shall
immediately begin its own investigation of the drug. The PDEA also may begin an
investigation of a drug at any time based upon the information received from law
enforcement laboratories, national and local law enforcement and regulatory
agencies, or other sources of information. The Board after notice and hearing shall
consider the following factors with respect to each substance proposed to be
reclassified, added or removed from control: (a) Its actual or relative potential for
abuse; (b) Scientific evidence of its pharmacological effect if known; (c) The state of
current scientific knowledge regarding the drug or other substance; (d) Its history

and current pattern of abuse; (e) The scope, duration, and significance of abuse; (f)
Risk to public health; and (g) Whether the substance is an immediate precursor of a
substance already controlled under the Act. The Board shall also take into accord
the obligations and commitments to international treaties, conventions and
agreements to which the Philippines is a signatory. The Dangerous Drugs Board
shall give notice to the general public of the public hearing of the reclassification,
addition to or removal from the list of any drug by publishing such notice in any
newspaper of general circulation once a week for two (2) weeks. The effect of such
reclassification, addition or removal shall be as follows: (a) In case a dangerous drug
is reclassified as precursor and essential chemical, the penalties for the violations of
the Act pertaining to precursors and essential chemicals shall, in case of conviction,
be imposed in all pending criminal prosecutions; (b) In case a precursor and
essential chemical is reclassified as dangerous drug, the penalties for violations of
the Act involving precursors and essential chemicals shall, in case of conviction, be
imposed in all pending criminal prosecutions; (c) In case of the addition of a new
drug to the list of dangerous drugs and precursors and essential chemicals, no
criminal liability involving the same under the Act shall arise until after the lapse of
fifteen (15) days from the last publication of such notice; (d) In case of removal of a
drug from the list of dangerous drugs and precursors and essential chemicals, all
persons convicted and/or detained for the use and/or possession of such a drug
shall be automatically released and all pending criminal prosecution involving such
a drug under the Act shall forthwith be dismissed; and (e) The Board shall, within
five (5) days from the date of its promulgation, submit to Congress a detailed
reclassification, addition, or removal of any drug from the list of dangerous drugs.
ARTICLE XII FINAL PROVISIONS SECTION 94. Congressional Oversight Committee on
Dangerous Drugs (COCDD). - The COCDD created under Section 95 of the Act shall
be composed of seven (7) Members from the Senate and seven (7) Members from
the House of Representatives. The Members from the Senate shall be appointed by
the Senate President based on the proportional representation of the parties or
coalitions therein with at least two (2) Senators representing the Minority. The
Members from the House of Representatives shall be appointed by the Speaker, also
based on the proportional representation of the parties or coalitions therein with at
least two (2) Members representing the Minority. The COCDD shall be headed by the
respective Chairpersons of the Senate Committee on Public Order and Illegal Drugs
and the House of Representatives Committee on Dangerous Drugs. SECTION 95.
Powers and Functions of the COCDD. - The COCDD shall, in aid of legislation,
perform the following functions, among others: (a) To set the guidelines and overall
framework to monitor and ensure the proper implementation of the Act; (b) To
ensure transparency and require the submission of reports from government
agencies concerned on the conduct of programs, projects and policies relating to
the implementation of the Act; (c) To approve the budget for the programs of the
COCDD and all disbursements therefrom, including compensation of all personnel;
(d) To submit periodic reports to the President of the Philippines and Congress on
the implementation of the provisions of the Act; (e) To determine inherent

weaknesses in the law and recommend the necessary remedial legislation or

executive measures; and (f) To perform such other duties, functions and
responsibilities as may be necessary to effectively attain the objectives of the Act.
SECTION 96. Adoption of Committee Rules and Regulations, and Funding. - The
COCDD shall adopt its internal rules of procedure, conduct hearings and receive
testimonies, reports, and technical advice, invite or summon by subpoena ad
testificandum any public official, private citizen, or any other person to testify
before it, or require any person by subpoena duces tecum documents or other
materials as it may require consistent with the provisions of the Act. The COCDD
shall be assisted by a secretariat to be composed by personnel who may be
seconded from the Senate and the House of Representatives and may retain
consultants. To carry outS the powers and functions of the COCDD, the initial sum of
Twenty-five million pesos (P25,000,000.00) shall be charged against the current
appropriations of the Senate. Thereafter, such amount necessary for its continued
operations shall be included in the annual General Appropriations Act. The COCDD
shall exist for a period of ten (10) years from the effectivity of the Act and may be
extended by a joint concurrent resolution. SECTION 97. Limited Applicability of the
Revised Penal Code. - Notwithstanding any law, rule or regulation to the contrary,
the provisions of the Revised Penal Code (Act No. 3814), as amended, shall not
apply to the provisions of this IRR, except in the case of minor offenders. Where the
offender is a minor, the penalty for acts punishable by life imprisonment to death
provided herein shall be reclusion perpetua to death. SECTION 98. Separability
Clause. If for any reason any section or provision of this IRR, or any portion
thereof, or the application of such Section, provision or portion thereof to any
person, group or circumstance is declared invalid or unconstitutional, the remainder
of this IRR shall not be affected by such declaration and shall remain in force and
effect. SECTION 99. Repealing Clause. - All memorandum circulars, resolutions,
orders, and other issuances or parts thereof which are inconsistent with the Act or
with this IRR are hereby repealed, amended or modified accordingly. SECTION 100.
Implementing Details. - The Board shall issue such additional implementing rules
and regulations as may be necessary to further clarify any part of this IRR. SECTION
101. Effectivity Clause. This IRR shall take effect upon its publication in three (3)
newspapers of general circulation and upon registration with the Office of the
National Administrative Register at the University of the Philippines Law Center, UP.
Diliman, Quezon City. DONE in the City of Quezon this 30th day of August, 2002.
CORAZON JULIANO-SOLIMAN Secretary of Social Welfare and Development ExOfficio Member ANGELO T. REYES Secretary of National Defense Ex-Officio Member

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February 1, 2011 marked an exciting change in the dynamics of Philippine

environmentalism. On this date, His Excellency Benigno Simeon Aquino III issued an order
that is intended to respond to the problem of forest denudation and environmental
degradation in our country.
Executive Order (EO) No. 23 could not have come at a better time. We have reached a
state where we humbly admit that our environment is sick and needs rehabilitation. We
feel alarmingly trapped between floods, landslides, hot weather and dirty air. All these are
caused by depriving ourselves of a most potent resource: our trees.
Over the years, extractive activities have resulted in the thinning of our forest cover from
80% in 1910 to 18% in 2010, a century after. Sadly, the denudation of our forests has
reached such an alarming level that efforts to reforest may hardly keep up with the rate of
destruction.
Hence, in pursuit of protecting our remaining trees and increasing our forest cover,
President Aquino took the bull by the horns, and EO 23 was born.
The EO has sparked interest among naysayers, and garnered the support of some local
executives and environment groups, but it also raised questions from the local wood
industry and skeptics in the political arena.
To further our understanding of this executive order, let us explore its intentions,
components and pertinent features.

Laws Intent
EO 23 declares a moratorium on the cutting and harvesting of timber in the natural and
residual forests of the entire country and creates the anti-illegal logging task force. The
intention of President Aquino in creating the said EO is to uphold our intergeneration
responsibility to protect the environment and to prevent further destruction wrought by
natural disasters.
Still fresh in peoples memory are the occurrences of landslides in Ormoc, Baguio, Leyte and
Aurora which killed thousands of our countrymen; and the disasters brought by Reming,
Ondoy, Pepeng and Frank which destroyed hundreds of lives and millions worth of
properties. And just recently, our country witnessed the devastation in Bicol, Samar and
Surigao. In the midst of perceived further threats of more landslides and the destructive
potentials of the La Nina phenomenon, EO 23 was signed.
The EO underscored the States obligation to protect the remaining forest cover areas not
only to prevent such calamities, but also to preserve biodiversity, protect threatened
habitats and sanctuaries of endangered and rare species, and to allow for the natural
regeneration of residual forests and the development of plantation forests.

Components and Pertinent Features

In order to implement the moratorium, EO 23 has prohibited the Department of

Environment and Natural Resources (DENR) from issuing and renewing logging contracts
and tree cutting permits in all natural and residual forests. When we say natural and
residual forests, we refer to forests composed of indigenous trees that were not planted by
man.

On the other hand, a plantation forest is a man-made forest, where trees were planted
pursuant to a management agreement with the DENR.

The log ban is in place indefinitely.

The only exemptions allowed by the ban are the clearing of road right-of-way by the
Department of Public Works and Highways, site preparations for tree plantations,
silvicultural treatment and similar activities, provided that all logs derived from the said
cutting permits shall be turned over to the DENR for proper disposal. Likewise, the ban may
allow tree cutting associated with cultural practices pursuant to the Indigenous Peoples
Right Act (IPRA) subject to strict compliance with existing DENR guidelines.

The Executive Order also tasks the DENR to review all existing forestry agreements and
immediately cancel those that have violated forest laws at least twice. Furthermore, said
agreements will be immediately terminated if the holders engage in logging activities in any
natural or residual forest.
The DENR was given authority to close all sawmills, veneer plants and other wood
processing plants that are unable to present proof of sustainable sources of legally cut logs
for a period of at least five years starting this year.

A National Greening Program shall likewise

be developed by the DENR through the DA-DENR-DAR Convergence Initiative. The NGP is
meant to anchor on the governments goal of poverty reduction, food, security, and climate
change adaptation and mitigation. To effect this, the EO has directed the DENR to partner
with agencies such as the Department of Education and the Commission on Higher
Education (to initiate the necessary educational drive campaign), the Department of Interior
and Local Government (to help in establishing communal tree farms for firewood and other
purposes), the Department of Social Welfare and Development (to identify the upland
farmers covered by the NGP as priority beneficiaries of the conditional cash transfer
program), the Department of Budget and Management (to provide the funds for the
production of quality seedlings for reforestation programs from available funds of the
government), and the private sector and other concerned agencies and institutions (to raise
funds and resources for tree planting activities).

The Anti-Illegal Logging Task Force

For the EO to be more effective, we need environmental law enforcers. Consequently, EO
23 created the Anti-Illegal Logging Task Force to enforce the moratorium on logging and
take the lead in the anti-illegal logging campaign.

The Task Force is to be chaired by the DENR

Secretary or his duly authorized representative. To assist him are the heads or
representatives of the Department of Interior and Local Government, Department of
National Defense, Philippine National Police, and Armed Forces of the Philippines. Said
agencies are also mandated to assist the DENR in enforcing other existing environmental
laws.
All illegally-cut timber confiscated by the Task Force shall be donated to the Department of
Education and shall be utilized to produce more school chairs and build classrooms.

Not a Total Log Ban

Local governments and some environmental groups welcomed the EO with enthusiasm.
However, the industry that would be most affected by the order was not as jubilant. An
immediate rush of appeals and protests by members of the wood industry greeted the new
Executive Order. The Philippine Wood Producers Association (PWPA) warned about the wide
impact the EO will have on jobs and revenues. It projected losing at least P30 billion in
investments and $1 billion in annual exports from the log ban. This sentiment was echoed
by the Society of Filipino Foresters, Inc., which asserted that continuing the log ban will also
result in the retrenchment of 650,000 workers, drive up the cost of wood and housing units,
and will have serious repercussions on the economy.
DENR Secretary Ramon J.P. Paje tried to allay their fears by explaining that the EO does not
impose a total log ban. Timber companies could still legally cut trees in tree plantations.
What are being protected are only the natural forests and the residual forests. There are
still hundreds of thousands of hectares of plantation forests that wood producers can
utilize, Secretary Paje clarified.
As to the potential economic losses, it must be said: Environmental protection should now
come first over business decisions.
Conversely, the denudation of forests has allowed calamities to wreak havoc on the country
in the past years, causing not just thousands of lives lost and families displaced, but also
millions of pesos worth of damages to infrastructure and agriculture. For the year 2010
alone, Presidential Spokesperson Edwin Lacierda noted that calamities brought about the
loss of 36 lives, injured 32 others, displaced thousands of families, and hurt the economy
with an estimated damage cost of P142 million to P306 million.
The good news about this EO is that more tree plantations could sprout as a result of the log
ban. It could pave the way for the development of more tree farms and industrial tree
plantations necessary to improve timber supply. Secretary Paje stressed that timber

extraction has now become a solely what-you-plant-is-what-you-cut enterprise.

By ending their reliance on timber extracted

from natural forests, the countrys wood producers are encouraged to expand their
harvesting operations in tree plantations. This poses a challenge for them, and for all of us,
to show that indeed we aim for sustainable forestry and that we genuinely care for our
environment.
In the past, we lost many of our trees in order to acquire timber. And yet, in exchange for
timber, we lost the many other uses of trees such as protection against topsoil erosion and
landslides, storage of water reserves during droughts, production of oxygen, and absorption
of carbon dioxide which could have significantly reduced air pollution. If we continue to lose
our tropical forests, we lose more than just timber; we too lose the wildlife to which the
forests provide habitat. And finally, less trees would mean less fruits to harvest, less
sources of medicinal preparations, and less opportunities for the aesthetic pleasures that
many trees offer.
EO 23 can help us ensure that future generations may still reap these benefits we now
enjoy from trees. It has renewed our hopes for a possible sustainable future for forestry in
the Philippines.#