THIRTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session

S E N A T E

Senate Bill No. 1870

Introduced by Senators Madrigal and Lim

AN ACT
TO ESTABLISH A BAN ON ALL LOGGING OPERATIONS IN THE COUNTRY TO ENSURE THE PROTECTION, PRESERVATION AND REHABILITATION OF THE PHILIPPINE’S ENVIRONMENT, PROVIDING FOR CITIZEN’S RIGHTS AND THE APPROPRIATE PENALTIES FOR VIOLATIONS OF THIS ACT

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled.

SECTION 1. Title – The Act shall be known as the “National Log Ban of 2004.”
SEC. 2. Declaration of Policy. – It is a declared policy of the State to protect and advance the right of the people to a balanced and healthful ecology through the protection, preservation, and rehabilitation of our country’s forests. The State also recognizes that more severe penalties must be imposed on violators so as to achieve the goals of this Act. Further, the State likewise recognizes that the private sector plays an indispensable role to ensure the protection and rehabilitation of our nation’s forests.
SEC. 3. Coverage. – This Act shall cover all trees within the territorial jurisdiction of the Republic of the Philippines, whether the said lands be public or private.
SEC. 4. 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 thirty (30) years from the approval of this Act. This prohibition shall not apply to trees grown in legitimate commercial tree farms.

Section 5. Penalties. Any person who violates this Act shall be punished by reclusion perpetua.
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 One Million (P1,000,000.00) Pesos but not more that Five Million (P 5,000,000.00) Pesos of the discretion of the court. The Members of the Board of Directors, 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 twelve (12) years but not more than twenty (20) years also at the discretion of the court. Aliens who violate this law shall be summarily deported after their sentences shall have been served.
Any public officer who fails to enforce the provisions of this Act, or tolerates, participates in through whatever degree in the consummation of acts prohibited in shall suffer the corresponding penalty of reclusion perpetua and perpetual disqualification from office.
The penalty of death shall be imposed if by reason of the cutting, felling or destroying of any tree standing on any forest, timber land, forest reserve or watershed, death results. The penalty of death shall also be imposed if the offense is committed by a syndicate. The offense is considered committed by a syndicate if it is planned or carried out by a group of three (3) or more persons.

Section 6. Citizen’s Action Suit. For purposes of enforcing the provisions of this Act or its Implementing Rules and Regulations, any citizen may file an appropriate action in the proper court against:
a.) Any person who violates or fails to comply with the provisions of this Act or the Implementing Rules and Regulations;
b.) The Department or other Implementing agencies with respect to orders, rules and regulations issued inconsistent with this Act.
c.) Any public officer who willfully or grossly neglects the performance of any act specifically enjoined as a duty by this Act or its Implementing Rules and Regulations; or abuses his authority in the performance of his duty; or in any manner, improperly performs his duties under this Act or its Implementing Rules and Regulations.
The appropriate Court shall exempt such action from payment of filing fees.

Section 6. Implementing Rules. – The Secretary of the Department of Environment and Natural Resources shall promulgate the appropriate rules and regulations to carry out the provisions of this Act: Provided, That the effectivity of such rules which the Secretary of the Department of Environment and Natural Resources shall promulgate shall be subject to the approval of Congress.

Section 7. Independence of Action. The filing of an administrative action against any public officer who violates the provisions of this Act does not preclude the filing of a separate action in a court of law.

Section 8. Construction of this Act. – In the construction and application of the provisions of this Act and its implementing rules, the interpretation that would be beneficial or favorable to the purpose of this act to prohibit logging operations shall be adopted.

Section 9. Repealing Clause. – All laws, decrees, orders, rules and regulations, policies, programs or parts thereof, that are inconsistent with any of the provisions of this Act, are hereby repealed, amended or modified accordingly.

Section 10. Separability Clause. – If for any reason, any section or provisions of this Act is declared to be unconstitutional or invalid, the other sections or provisions hereof, which are not affected hereby, shall continue in full force and effect.

Section 11. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,