MALACAÑANG
M a n i l aPRESIDENTIAL DECREE No. 1559
FURTHER AMENDING PRESIDENTIAL DECREE NO. 705, OTHERWISE KNOWN AS THE "REVISED FORESTRY CODE OF THE PHILIPPINES"
WHEREAS, there is need to further strengthen the Code to make it more responsive to present realities and to the new thrust of government policies and programs on forest development and conservation and rationalization of the wood industry;
WHEREAS, forest development and wood industry programs should complement, as well as enhance, the rural development program of the government; and
WHEREAS, there is a need to provide sufficient incentives to encourage and further expand the participation of the private sector in forest management, protection and development as well as in wood processing activities within the concept of joint or co-management of the forest resources.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby amend Presidential Decree No. 705 as follows:
Section 1. Sections 3, 11, 14, 17, 19, 20, 22, 26 and 30...
Details
Amends
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Amended by
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Presidential Decrees
Further Amending Presidential Decree No. 705, Otherwise Known As The "Revised Forestry Code Of The Philippines"
Presidential Decree No. 1559
Summary of Presidential Decree No. 1559
Definitions (Section 3):
- Defines various terms related to forestry, including public forest, permanent forest, alienable lands, forest lands, grazing lands, mineral lands, forest reservations, national parks, game refuges, marine parks, seashore parks, watershed reservations, watersheds, critical watersheds, mangroves, kaingin, forest products, dipterocarp forest, pine forest, industrial tree plantation, tree farm, agro-forestry, multiple-use, selective logging, seed tree system, healthy residual, sustained-yield management, processing plant, lease, license, license agreement, permit, annual allowable cut, cutting cycle, forest ecosystem, silviculture, rationalization, forest officer, private right, and person.
Manpower and Policy Development (Section 11):
- The Bureau shall establish an in-service training center for upgrading and training personnel.
- Funds shall be set aside for specialized education and training of personnel.
- A Forestry Development Center shall be established at the University of the Philippines to conduct policy research, with assistance from the wood industry.
Existing Pasture Leases (Section 14):
- Forest lands under pasture leases shall be classified as grazing lands, and areas under pasture permits shall remain forest lands until reclassified.
- The Bureau shall administer and manage grazing lands.
Establishment of Boundaries (Section 17):
- Boundaries between permanent forests and alienable lands shall be clearly marked on the ground, with infrastructure, roads, or concrete monuments at intervals of 500 meters or less.
- In case of boundary conflicts, the Philippine Coast and Geodetic Survey Topo map shall be the reference.
Multiple Use (Section 19):
- Utilization of forest and grazing lands shall be evaluated and weighted to produce optimum benefits without impairing resources.
- Critical watersheds, national parks, experimental forests shall not be subject to commercial logging or grazing.
- Game refuges, bird sanctuaries, marine and seashore parks shall not be subject to hunting, fishing, or commercial activities.
Licenses, Leases, and Permits (Section 20):
- No person may utilize, exploit, occupy, possess, or conduct any activity within forest and grazing lands, or establish wood processing plants, without a license agreement, license, lease, or permit.
- The President may amend, modify, replace, or rescind any contract, concession, permit, license, or privilege granted.
- The President may order summary suspension of any such privilege for violations.
Silvicultural and Harvesting System (Section 22):
- For dipterocarp forests, selective logging with enrichment or supplemental planting shall be practiced.
- For pine and mangrove forests, the seed tree system with planting shall be practiced.
- No person shall cut, harvest, or gather timber or products without planting three times the same variety for every tree cut or destroyed.
Annual Allowable Cut (Section 26):
- The annual allowable cut shall be determined based on the area size, harvestable timber volume, healthy residuals, seed trees, reproduction, and cutting cycle.
- No person shall cut, harvest, or gather any timber or products without authorization and prescribed annual allowable cut.
- The Department Head shall review and prescribe the level of annual allowable cut for various timber and products.
Rationalization of Wood Industry (Section 30):
- Expansion and establishment of new wood processing plants shall be regulated to rationalize the industry.
- No new or expanded plant shall be allowed without environmental considerations and assured sustained raw material supply.
- Processors without forest concessions or plantations, and licensees without processing plants, shall jointly adopt schemes for raw material supply and processing.
- All processing plants shall obtain operating permits and comply with regulations.
- The Department Head may cancel, suspend, or phase out inefficient, wasteful, or raw material-deficient processing plants.
Log Production and Processing (Section 32):
- Unless directed otherwise, the entire log production by timber licensees shall be processed locally from January 1, 1976.
- Up to 25% of the total national allowable cut may be exported by licensees with viable processing plants, approved projects, acquired machinery, or under government-approved trade agreements, subject to conditions.
- The President may cancel log exportation or reduce the maximum allowable proportion when export prices are unreasonably low or when public interest requires.
Lands for Reforestation and Afforestation (Section 33):
- Lists various public forest lands and private lands that shall be reforested or afforested.
Industrial Tree Plantations, Tree Farms, and Agro-Forestry Farms (Section 34):
- Leases for up to 50 years may be granted for establishing industrial tree plantations, tree farms, or agro-forestry farms on certain public forest lands, with minimum area requirements.
- The lessee shall have the right to sell, contract, convey, or dispose of planted trees and products.
- Existing government reforestation projects may be leased for such purposes if found suitable.
Priority for Establishing Plantations (Section 35):
- Priority for establishing industrial tree plantations, tree farms, or agro-forestry farms shall be given to existing timber licensees or permittees on suitable areas within their concessions.
- Priority shall also be given to communal tree plantations by local government units.
Incentives for Plantations (Section 36):
- Lists various incentives for establishing industrial tree plantations, tree farms, and agro-forestry farms, including nominal fees, reduced rentals, reduced forest charges, tax exemptions, financing assistance, priority in government wood purchases, export privileges, and technical advice.
Criminal Prosecution (Section 53):
- Kaingeros, squatters, cultural minorities, and other occupants who entered forest and grazing lands before May 19, 1975, without permit, shall not be prosecuted if they do not increase clearings and undertake conservation activities imposed by the Bureau.
- They shall be ejected and relocated if the best land use demands it.
Wildlife (Section 55):
- Measures shall be adopted to conserve wildlife.
- The Director shall regulate hunting in forest lands to maintain an ecological balance.
Transfer of Licenses, Leases, and Permits (Section 61):
- Licensees, lessees, or permittees may transfer their privileges only if certain conditions are met, such as the privilege being in existence for at least 3 years, no violations, qualifications of the transferee, and assumption of obligations.
Equity Sharing (Section 64):
- Corporations holding licenses, leases, or permits shall formulate and implement a plan to sell at least 10% of their subscribed capital stock to employees, laborers, and the general public within 6 years of operation or 1 year after the Decree's effectivity.
Penalties for Cutting, Gathering, or Collecting without License (Section 68):
- Any person who cuts, gathers, collects, or removes timber or forest products without a license agreement, lease, license, or permit shall be punished with penalties under Articles 309 and 310 of the Revised Penal Code.
- The court shall order confiscation of the timber, forest products, machinery, equipment, implements, tools, and forfeiture of improvements.
Unlawful Occupation or Destruction of Forest and Grazing Lands (Section 69):
- Any person who unlawfully occupies, possesses, makes kaingin, or destroys forest or grazing lands shall be fined between P500 and P20,000 and imprisoned for 6 months to 2 years, and liable for 10 times the rental fees and charges.
- For kaingin offenses, the penalty shall be 2 to 4 years imprisonment and a fine equal to 8 times the regular forest charges, plus payment of the full cost of production.
- The court shall order eviction and forfeiture of improvements, vehicles, animals, and equipment used.
- Government officials or employees found guilty shall be dismissed and disqualified from holding any position.
Illegal Occupation of National Parks and Recreation Areas (Section 71):
- Any person who illegally occupies or damages national parks, recreation areas, or objects of natural beauty shall be fined between P500 and P20,000, exclusive of the value of the damage.
- The offender shall be required to restore or compensate for the damage if rehabilitation is needed.
- Illegal hunting, capturing, or killing of wildlife within national parks shall be subject to the same penalty.
- The court shall order eviction and forfeiture of timber, vegetation, and improvements made by the offender.
- If a local government official or employee is responsible for detecting and convicting the violator, 50% of the fine shall accrue to the local government for developing local parks.
Coercion and Influence (Section 76):
- Any person who coerces, influences, abets, or persuades a public officer or employee to commit acts mentioned in Sections 74 and 75 shall be imprisoned for not less than 1 year and fined P500 for every hectare or fraction thereof improperly surveyed, classified, or released.
- In other cases, any person who coerces, influences, abets, or persuades a public officer or employee by using power and influence shall be fined not more than P5,000 and imprisoned for not less than 1 year.
Enforcement and Administrative Authority (Sections 80-A and 80-B):
- The Armed Forces of the Philippines shall organize a special force in every region to help enforce the provisions of this Decree.
- The Director is authorized to impose administrative fines for violations where fine is the principal penalty.
Appropriation (Section 5):
- P3 million is authorized to be appropriated for the operation of the Forestry Development Center for the current fiscal year, and thereafter included in the appropriations for the University of the Philippines.
Repealing Clause (Section 6):
- The Pasture Land Act (C.A. No. 462) and its implementing rules and regulations, and other laws, rules, and regulations in conflict with this Decree are repealed.
Definitions (Section 3):
- Defines various terms related to forestry, including public forest, permanent forest, alienable lands, forest lands, grazing lands, mineral lands, forest reservations, national parks, game refuges, marine parks, seashore parks, watershed reservations, watersheds, critical watersheds, mangroves, kaingin, forest products, dipterocarp forest, pine forest, industrial tree plantation, tree farm, agro-forestry, multiple-use, selective logging, seed tree system, healthy residual, sustained-yield management, processing plant, lease, license, license agreement, permit, annual allowable cut, cutting cycle, forest ecosystem, silviculture, rationalization, forest officer, private right, and person.
Manpower and Policy Development (Section 11):
- The Bureau shall establish an in-service training center for upgrading and training personnel.
- Funds shall be set aside for specialized education and training of personnel.
- A Forestry Development Center shall be established at the University of the Philippines to conduct policy research, with assistance from the wood industry.
Existing Pasture Leases (Section 14):
- Forest lands under pasture leases shall be classified as grazing lands, and areas under pasture permits shall remain forest lands until reclassified.
- The Bureau shall administer and manage grazing lands.
Establishment of Boundaries (Section 17):
- Boundaries between permanent forests and alienable lands shall be clearly marked on the ground, with infrastructure, roads, or concrete monuments at intervals of 500 meters or less.
- In case of boundary conflicts, the Philippine Coast and Geodetic Survey Topo map shall be the reference.
Multiple Use (Section 19):
- Utilization of forest and grazing lands shall be evaluated and weighted to produce optimum benefits without impairing resources.
- Critical watersheds, national parks, experimental forests shall not be subject to commercial logging or grazing.
- Game refuges, bird sanctuaries, marine and seashore parks shall not be subject to hunting, fishing, or commercial activities.
Licenses, Leases, and Permits (Section 20):
- No person may utilize, exploit, occupy, possess, or conduct any activity within forest and grazing lands, or establish wood processing plants, without a license agreement, license, lease, or permit.
- The President may amend, modify, replace, or rescind any contract, concession, permit, license, or privilege granted.
- The President may order summary suspension of any such privilege for violations.
Silvicultural and Harvesting System (Section 22):
- For dipterocarp forests, selective logging with enrichment or supplemental planting shall be practiced.
- For pine and mangrove forests, the seed tree system with planting shall be practiced.
- No person shall cut, harvest, or gather timber or products without planting three times the same variety for every tree cut or destroyed.
Annual Allowable Cut (Section 26):
- The annual allowable cut shall be determined based on the area size, harvestable timber volume, healthy residuals, seed trees, reproduction, and cutting cycle.
- No person shall cut, harvest, or gather any timber or products without authorization and prescribed annual allowable cut.
- The Department Head shall review and prescribe the level of annual allowable cut for various timber and products.
Rationalization of Wood Industry (Section 30):
- Expansion and establishment of new wood processing plants shall be regulated to rationalize the industry.
- No new or expanded plant shall be allowed without environmental considerations and assured sustained raw material supply.
- Processors without forest concessions or plantations, and licensees without processing plants, shall jointly adopt schemes for raw material supply and processing.
- All processing plants shall obtain operating permits and comply with regulations.
- The Department Head may cancel, suspend, or phase out inefficient, wasteful, or raw material-deficient processing plants.
Log Production and Processing (Section 32):
- Unless directed otherwise, the entire log production by timber licensees shall be processed locally from January 1, 1976.
- Up to 25% of the total national allowable cut may be exported by licensees with viable processing plants, approved projects, acquired machinery, or under government-approved trade agreements, subject to conditions.
- The President may cancel log exportation or reduce the maximum allowable proportion when export prices are unreasonably low or when public interest requires.
Lands for Reforestation and Afforestation (Section 33):
- Lists various public forest lands and private lands that shall be reforested or afforested.
Industrial Tree Plantations, Tree Farms, and Agro-Forestry Farms (Section 34):
- Leases for up to 50 years may be granted for establishing industrial tree plantations, tree farms, or agro-forestry farms on certain public forest lands, with minimum area requirements.
- The lessee shall have the right to sell, contract, convey, or dispose of planted trees and products.
- Existing government reforestation projects may be leased for such purposes if found suitable.
Priority for Establishing Plantations (Section 35):
- Priority for establishing industrial tree plantations, tree farms, or agro-forestry farms shall be given to existing timber licensees or permittees on suitable areas within their concessions.
- Priority shall also be given to communal tree plantations by local government units.
Incentives for Plantations (Section 36):
- Lists various incentives for establishing industrial tree plantations, tree farms, and agro-forestry farms, including nominal fees, reduced rentals, reduced forest charges, tax exemptions, financing assistance, priority in government wood purchases, export privileges, and technical advice.
Criminal Prosecution (Section 53):
- Kaingeros, squatters, cultural minorities, and other occupants who entered forest and grazing lands before May 19, 1975, without permit, shall not be prosecuted if they do not increase clearings and undertake conservation activities imposed by the Bureau.
- They shall be ejected and relocated if the best land use demands it.
Wildlife (Section 55):
- Measures shall be adopted to conserve wildlife.
- The Director shall regulate hunting in forest lands to maintain an ecological balance.
Transfer of Licenses, Leases, and Permits (Section 61):
- Licensees, lessees, or permittees may transfer their privileges only if certain conditions are met, such as the privilege being in existence for at least 3 years, no violations, qualifications of the transferee, and assumption of obligations.
Equity Sharing (Section 64):
- Corporations holding licenses, leases, or permits shall formulate and implement a plan to sell at least 10% of their subscribed capital stock to employees, laborers, and the general public within 6 years of operation or 1 year after the Decree's effectivity.
Penalties for Cutting, Gathering, or Collecting without License (Section 68):
- Any person who cuts, gathers, collects, or removes timber or forest products without a license agreement, lease, license, or permit shall be punished with penalties under Articles 309 and 310 of the Revised Penal Code.
- The court shall order confiscation of the timber, forest products, machinery, equipment, implements, tools, and forfeiture of improvements.
Unlawful Occupation or Destruction of Forest and Grazing Lands (Section 69):
- Any person who unlawfully occupies, possesses, makes kaingin, or destroys forest or grazing lands shall be fined between P500 and P20,000 and imprisoned for 6 months to 2 years, and liable for 10 times the rental fees and charges.
- For kaingin offenses, the penalty shall be 2 to 4 years imprisonment and a fine equal to 8 times the regular forest charges, plus payment of the full cost of production.
- The court shall order eviction and forfeiture of improvements, vehicles, animals, and equipment used.
- Government officials or employees found guilty shall be dismissed and disqualified from holding any position.
Illegal Occupation of National Parks and Recreation Areas (Section 71):
- Any person who illegally occupies or damages national parks, recreation areas, or objects of natural beauty shall be fined between P500 and P20,000, exclusive of the value of the damage.
- The offender shall be required to restore or compensate for the damage if rehabilitation is needed.
- Illegal hunting, capturing, or killing of wildlife within national parks shall be subject to the same penalty.
- The court shall order eviction and forfeiture of timber, vegetation, and improvements made by the offender.
- If a local government official or employee is responsible for detecting and convicting the violator, 50% of the fine shall accrue to the local government for developing local parks.
Coercion and Influence (Section 76):
- Any person who coerces, influences, abets, or persuades a public officer or employee to commit acts mentioned in Sections 74 and 75 shall be imprisoned for not less than 1 year and fined P500 for every hectare or fraction thereof improperly surveyed, classified, or released.
- In other cases, any person who coerces, influences, abets, or persuades a public officer or employee by using power and influence shall be fined not more than P5,000 and imprisoned for not less than 1 year.
Enforcement and Administrative Authority (Sections 80-A and 80-B):
- The Armed Forces of the Philippines shall organize a special force in every region to help enforce the provisions of this Decree.
- The Director is authorized to impose administrative fines for violations where fine is the principal penalty.
Appropriation (Section 5):
- P3 million is authorized to be appropriated for the operation of the Forestry Development Center for the current fiscal year, and thereafter included in the appropriations for the University of the Philippines.
Repealing Clause (Section 6):
- The Pasture Land Act (C.A. No. 462) and its implementing rules and regulations, and other laws, rules, and regulations in conflict with this Decree are repealed.