The recent cutting of 30-year-old Narra, Mahogany, Ilangilang and other trees at the Mindanao State University (MSU) Naawan if carried out without authority from the Environment Secretary or his authorized representative, is a statutory crime punishable under Republic Act 3571 and under Section 68, PD 705, as amended by Executive Order 277 Series 1987, otherwise known as the Revised Forestry Code of the Philippines.

 

RA 3571, as amended by PD 953, is a law that prohibits and punishes the cutting, destroying or injuring of planted or growing trees, flowering plants and shrubs or plants of scenic values along public roads, in plazas, parks, school premises or in any other public ground.

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Incidentally, the Mindanao State University is a government corporation allowed by law to purchase and own land to be used for public services as an institution of higher learning. The parcels of agricultural land the University campus now occupies at Naawan, Misamis Oriental were purchased from private landowners covered with titles and/or tax declarations and are, therefore, private lands within the purview of Section 68 of PD 705, as amended. Thus the cutting of trees within MSU Naawan premises is also covered or governed by Section 68 of said decree.

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Moreover, the cutting specifically of Narra and other premium hardwood trees requires special permit under DENR (Department of Environment and Natural Resources) Adm. Order No. 78, S. of 1987 and DENR Memo Circular No.22, S. of 1990. And under DENR Memorandum Order dated February 5, 2013, the cutting of Narra needs to be approved by the DENR Central Office, particularly by the Office of the Undersecretary for field Operations,

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The offenses committed under RA 3571 and PD 705, as amended, are malum prohibitum offenses, that is, crimes committed in violation of statutory or regulatory laws. Hence, criminal intent is not an essential element in the offense. In other words, those who cut the trees or keep and possess the timbers without authority or legal documents committed a criminal act punishable under the existing laws regardless of the motive or purpose it was pursued. So such argument that the trees were cut in order to give way to the construction of a school building, or to fabricate chairs and tables for the school will not justify the act or mitigate the effect of the crime.

The violation of RA 3571 is punishable by prison correctional in its minimum period to prison mayor in its minimum period.