Revising P.D. No. 389, Otherwise Known As The Forestry Reform Code Of The Philippines
Download as PDF
Download as Word
Collections
Create new Collection
Overview
Full Text
Details
Case
Agency Issuance Number
Published Date
Revising P.D. No. 389, Otherwise Known As The Forestry Reform Code Of The Philippines
Presidential Decree No. 705
May 19, 1975
Case Overview and Summary
Title: Revised Forestry Code of the PhilippinesPolicies (Section 2):
- Multiple uses of forest lands oriented towards development, science, and public welfare.
- Systematic land classification and survey.
- Encouragement and rationalization of wood-processing plants.
- Emphasis on protection, development, and rehabilitation of forest lands.
Definitions (Section 3):
- Defines various terms such as public forest, permanent forest, alienable and disposable lands, forest lands, grazing land, mineral lands, forest reservations, national park, game refuge, marine parks, seashore park, watershed reservation, watershed, critical watershed, mangrove, kaingin, forest product, dipterocarp forest, pine forest, industrial tree plantation, tree farm, multiple-use, selective logging, seed tree system, healthy residual, sustained-yield management, processing plant, lease, license, permit, annual allowable cut, cutting cycle, ecosystem, silviculture, rationalization, forest officer, primitive tribe, private right, and person.
Organization and Jurisdiction of the Bureau (Sections 4-12):
- Creation of the Bureau of Forest Development by merging existing forestry agencies.
- Bureau's jurisdiction over forest lands, grazing lands, and forest reservations.
- Responsibilities of the Bureau, including protection, development, management, regulation, and enforcement.
- Qualifications and appointment of the Director and Assistant Directors.
- Supervision and control by the Secretary of the Department of Natural Resources.
- Review process for actions and decisions of the Director.
- Promulgation of rules and regulations by the Department Head.
- Creation of functional divisions, regional and district offices, and staffing.
- Establishment of an in-service training center and performance evaluation system.
Land Classification and Survey (Sections 13-18):
- System of land classification into various categories by the Department Head.
- Simplification of the present system of determining forest lands and alienable and disposable lands.
- Criteria for classifying lands as alienable and disposable or forest lands, including slope and other factors (Sections 15-16).
- Establishment of boundaries between permanent forests and alienable and disposable lands.
- Establishment of forest reserves, forest reservations, national park system, and marine parks by the President.
Utilization and Management (Sections 19-63):
- Multiple-use principle for evaluating and weighing beneficial uses of forest lands (Section 19).
- Requirement of license agreement, license, lease, or permit for utilization, exploitation, occupation, possession, or activity in forest lands (Section 20).
- Sustained yield management to achieve balance between growth and harvest (Section 21).
- Silvicultural and harvesting systems for different forest types (Section 22).
- Timber inventory requirements before utilization (Sections 23-24).
- Cutting cycle and annual allowable cut determination (Sections 25-26).
- Duration of license agreement or license to harvest timber (Section 27).
- Size limitation of forest concessions (Section 28).
- Incentives and rationalization of the wood industry (Sections 29-32).
- Reforestation requirements for various types of forest lands (Section 33).
- Establishment of industrial tree plantations and tree farms through leases (Sections 34-36).
- Priority for existing holders to establish industrial tree plantations or tree farms (Section 35).
- Incentives for industrial tree plantations and tree farms (Section 36).
- Protection of all forest resources (Section 37).
- Control of concession areas through license agreements (Section 38).
- Regulation of timber utilization in other lands and wood-processing plants (Section 39).
- Timber inventory in other lands containing standing or felled timber (Sections 40-41).
- Participation in the development of alienable and disposable lands and civil reservations (Section 42).
- Maintenance of mangrove forests for coastal protection (Section 43).
- Visitorial power of the Department Head to investigate operations (Section 44).
- Authority of forest officers to enter areas and administer oaths (Section 45).
- Establishment of scaling stations for timber and forest products (Section 46).
- Regulation of mining operations in forest lands (Section 47).
- Management of mineral reservations (Section 48).
- Construction of roads and infrastructure in forest lands (Sections 49-50).
- Management of occupancy in forest lands and agro-forestry development (Section 51).
- Census of kaingineros, squatters, cultural minorities, and other occupants in forest lands (Section 52).
- Non-prosecution of existing occupants under certain conditions (Section 53).
- Utilization of forest lands for pasture purposes (Section 54).
- Regulation of wildlife destruction (Section 55).
- Identification and protection of scenic areas for recreation and tourism (Section 56).
- Leasing of forest lands for other special uses (Section 57).
- Diffusion of privileges to qualified and deserving applicants (Section 58).
- Preference for applicants with higher Filipino equity and participation (Section 59).
- Financial and technical capability requirements for applicants (Section 60).
- Restrictions and conditions on transfers of license agreements, licenses, leases, or permits (Section 61).
- Recognition of existing service contracts and allowance for new ones (Section 62).
- Equity sharing requirement for corporations holding privileges (Section 63).
Charges, Fees, and Bonds (Sections 64-67):
- Authority of the Department Head to fix charges, rentals, bonds, and fees for various activities in forest lands (Section 64).
- Authority of the Department Head to impose additional fees for forest protection, management, reforestation, and development (Section 65).
- Collection and disbursement of fees and charges (Section 66).
- Tree measurement as the basis for assessing charges on timber, with provision for a new assessment method (Section 67).
Criminal Offenses and Penalties (Sections 68-80):
- Penalties for cutting, gathering, or collecting timber or other products without a license (Section 68).
- Penalties for unlawful occupation or destruction of forest lands, including fines of P500 to P20,000 and imprisonment of 6 months to 2 years (Section 69).
- Penalties for pasturing livestock without authority, including fines equal to 10 times the regular rentals due and confiscation of livestock (Section 70).
- Penalties for illegal occupation, damage, or vandalism in national parks system and recreation areas, including fines of P200 to P500 and potential rehabilitation costs (Section 71).
- Penalties for destruction of wildlife resources, including fines of at least P100 and denial of permit for 3 years (Section 72).
- Penalties for unauthorized surveys in forest lands, including imprisonment of 2 to 4 years and confiscation of implements (Section 73).
- Penalties for misclassification and improper survey of forest lands by government officials, including dismissal, imprisonment of at least 1 year, and fine of at least P1,000 (Section 74).
- Penalties for issuing tax declarations on real property without proper certification, including imprisonment of 2 to 4 years and perpetual disqualification from office (Section 75).
- Penalties for coercing or influencing officials to commit misclassification or improper survey, including imprisonment of at least 1 year and fine of P500 per hectare (Section 76).
- Penalties for unlawful possession of implements and devices used by forest officers, including imprisonment of 2 to 4 years, fine of P1,000 to P10,000, and confiscation of implements (Section 77).
- Penalties for failure to pay or remit forest charges, including surcharges, fines up to P100,000, and imprisonment up to 6 years (Section 78).
- Penalties for selling wood products without complying with grading rules, including suspension of licenses or permits for at least 2 years and fines (Section 79).
- Provisions for arrest, seizure, and filing of complaints by forest officers (Section 80).
Special Clauses:
- Separability clause (Section 81)
- Repealing clause for inconsistent laws, orders, rules, and regulations (Section 82)
- Effectivity clause (Section 83)
Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
forestry
forest lands
timber
logging
reforestation
wood processing
national parks
wildlife
forest protection
forest offenses
penalties
Law
Revising P.D. No. 389, Otherwise Known As The Forestry Reform Code Of The Philippines
Presidential Decree No. 705
•May 19, 1975
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 705 May 19, 1975
REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE FORESTRY REFORM CODE OF THE PHILIPPINES
WHEREAS, proper classification, management and utilization of the lands of the public domain to maximize their productivity to meet the demands of our increasing population is urgently needed;
WHEREAS, to achieve the above purpose, it is necessary to reassess the multiple uses of forest lands and resources before allowing any utilization thereof to optimize the benefits that can be derived therefrom;
WHEREAS, it is also imperative to place emphasis not only on the utilization thereof but more so on the protection, rehabilitation and development of forest lands, in order to ensure the continuity of their productive condition;
WHEREAS, the present laws and regulations governing forest lands are not responsive enough to support re-oriented government programs, projects and efforts on the proper classification and delimitation of the lands of the public domain, and the management, utilization, protection, rehabilitation, and development of forest lands;
NOW, THEREFORE, I, FERDINAND E....
Login to see full content
Amends
n/a
Amended by
n/a