Dear PAO,
I occasionally transport large quantities of manufactured wood charcoal to nearby cities and provinces. However, an official from the local government unit warned me that possession and transportation of such forest product without the necessary permit is a violation of the Revised Forestry Code. Is manufactured wood charcoal considered as a forest product?
Sun
Dear Sun,
No, manufactured wood charcoal is not considered as a forest product that necessitates a permit for its possession and transportation.
Indeed, Section 68 of the Presidential Decree 705 (PD 705), otherwise known as the “Revised Forestry Code of the Philippines,” punishes the mere possession of timber or other forest products without the necessary legal documents. (Villarin vs. Latayada, GR 175298, Aug. 31, 2011, Ponente: Associate Justice Mariano Del Castillo).
However, in People of the Philippines vs. Suelos, GR E-02082, June 11, 2026, penned by Associate Justice Henri Jean Paul Inting, the Supreme Court ruled that manufactured wood charcoal does not fall within the ambit of PD 705, saying:
“The term ‘wood’ in Section 3(q) of PD No. 705, as amended, should therefore be interpreted by using the words associated with it. In this regard, the law’s enumeration of forest products is followed by the phrase, other forest growth.” xxx
“Furthermore, the items enumerated in Section 3(q) are naturally produced by trees, plants or animals. Verily, ‘bark’ and ‘tree top’ are parts of trees; ‘gum’ and ‘resin’ are tree or plant secretion; ‘beeswax’ is secreted by bees; ‘nipa’ and ‘rattan’ are palm growths; while ‘timber,’ ‘pulpwood’ and ‘firewood’ are standing or felled trees that are classified according to their use, i.e., construction, paper production and fuel. Clearly, the enumeration in Section 3 (q) of PD No. 705, as amended, contemplates resources that grow on or are produced in forests naturally.
“Section 3(q) of PD No. 705, as amended, must also be interpreted in reference to Section 77, which prohibits the cutting, gathering, collecting or removing of ‘timber or other forest products from any forest land, or timber from alienable or disposable public land, or from private land, without any authority.’ The term ‘timber or other forest products’ in Section 77 should thus be interpreted as referring to raw or natural materials obtained directly from land. When related to Section 3(q), it becomes obvious that the statute covers resources that retain their original identity as forest growth, whether standing, severed or gathered, but nonetheless remain in their natural state. Xxx xxx Hence, by the time wood becomes charcoal, it is no longer ‘wood’ in its natural, ordinary, scientific or commercial sense.”
Clearly, a manufactured wood charcoal is not a forest product as defined by law as it already departed from its natural state. Through the process of charring, wood undergoes substantial physical and chemical transformation, resulting in a product that is distinct in character, composition and use from raw forest wood or product. Since there is no law punishing the possession of a manufactured wood charcoal, there is no crime committed when you transported your manufactured wood charcoal even without a license.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.