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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 1559
PRESIDENTIAL DECREE NO. 1559 -
FURTHER AMENDING PRESIDENTIAL DECREE NO. 705, OTHERWISE KNOWN AS THE
"REVISED FORESTRY CODE OF THE PHILIPPINES"
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chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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:cralaw:red
Section 1. Sections 3, 11, 14, 17, 19, 20, 22, 26
and 30 of the said Decree are amended as follows. chanroblesvirtualawlibrary
"Sec. 3. Definitions. —
"a) Public forest is the mass of lands of the public
domain which has not been subject to the present system of
classification for the determination of which lands are needed for
forest purposes and which are not.
"b) Permanent forest or forest reserves refers to
those lands of the public domain which have been the subject of the
present system of classification and declared as not needed for forest
purposes.
"c) Alienable or disposable lands refer to those
lands of the public domain which have been the subject of the present
of classification and declared as not needed for forest purposes.
"d) Forest lands includes the public forest, the
permanent forest or forest reserves, and forest reservations. chanroblesvirtualawlibrary
"e) Grazing land refers to that portion of the
public domain which has been set aside, in view of the suitability of
its topography and vegetation, for the raising of livestock.
"f) Mineral lands refer to those lands of the public
domain which have been classified as such by the Secretary of Natural
Resources in accordance with prescribed and approved criteria,
guidelines and procedure.
"g) Forest reservations refer to forest lands which
have been reserved by the President of the Philippines for any specific
purpose or purposes. chanroblesvirtualawlibrary
"h) National park refers to a forest land
reservation essentially of primitive or wilderness character which has
been withdrawn from settlement or occupancy and set aside as such
exclusively to preserve the scenery, the natural and historic objects
and the wild animals or plants therein, and to provide enjoyment of
those features in such a manner as will leave them unimpaired for
future generations.
"i) Game refuge or bird sanctuary refers to a forest
land designated for the protection of game animals, birds and fish and
closed to hunting and fishing in order that the excess population may
flow and restock surrounding areas.
"j) Marine park refers to any public offshore are
delimited as habitat of rare and unique species of marine flora and
fauna.
"k) Seashore park refers to any public shore are
delimited for outdoor recreation, sports fishing, water skiing and
related healthful activities.
"l) Watershed reservation is a forest land
reservation established to protect or improve the conditions of the
water yield thereof or reduce sedimentation.
"m) Watershed is a land area drained by a stream or
fixed body of water and its tributaries having a common outlet for
surface run-off.
"n) Critical watershed is a drainage area of a river
system supporting existing and proposed hydro-electric power,
irrigation works or domestic water facilities needing immediate
protection or rehabilitation.
"o) Mangrove is a term implied to the type of forest
occurring on tidal flat along the sea coast, extending along stream
where the water is brackish.
"p) Kaingin refers to a portion of the forest land
which is subjected to shifting and/or permanent slash-and-burn
cultivation.
"q) Forest products means timber, pulpwood,
firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa,
rattan, or other forest growth such as grass, shrub, and flowering
plant, the associated water, fish, game scenic, historical,
recreational and geologic resources in forest lands.
"r) Dipterocarp forest is a forest dominated by
trees of the dipterocarp species, such as red lauan, tanguile, tiaong,
white lauan, almon, bagtikan and mayapis of the Philippine mahogany
group, apitong and the yakals.
"s) Pine forest as a forest type predominantly of
pine trees.
"t) Industrial tree plantation refers to any forest
land extensively planted to three crops primarily to supply raw
material requirements of existing or proposed wood processing plants
and related industries.
"u) Tree farm refers to any small forest land or
tract of land purposely planted to tree crops. chanroblesvirtualawlibrary
"v) Agro-forestry is a sustainable management for
land which increases overall production, combines agriculture crops,
tree crops and forest plants and/or animals simultaneously or
sequentially, and applies management practices which are compatible
with the cultural patterns of the local population.
"w) Multiple-use is the harmonized utilization of
the land, soil, water, wildlife, recreation value, grass and timber of
forest lands.
"x) Selective logging is the systematic removal of
the mature, over-mature and defective trees in such manner as to leave
adequate number and volume of healthy residual trees of the desired
species necessary to assure a future crop of timber, and forest cover
for the protection and conservation of soil, water and wildlife.
"y) Seed tree system is a silvicultural system
characterized by partial clearcutting leaving seed- trees to regenerate
the area.
"z) Healthy residual refers to a sound or slightly
injured tree of the commercial species left after logging. chanroblesvirtualawlibrary
"aa) Sustained-yield management implies continuous
or periodic production of forest products in a working unit for the
purpose of achieving at the earliest practicable time an approximate
balance between growth and harvest or use. This is generally applied to
the commercial timber resources and is also applicable to the water,
grass, wildlife, and other renewable resources of the forest.
"bb) Processing plant is any mechanical setup,
device, machine or combination of machines used for the conversion of
logs and other forest raw materials into lumber, veneer, plywood,
fiberboard, blockboard, paper board, pulp, paper or other finished wood
products.
"cc) Lease is a privilege granted by the State to a
person to occupy and possess, in consideration of specified rental, any
forest land of the public domain in order to undertake any authorized
activity therein.
"dd) License is a privilege granted by the State to
a person to utilize forest resources within any forest land, without
any right of occupation and possession over the same, to the exclusion
of others, or establish and operate a wood-processing plant, or conduct
any activity involving the utilization of any forest resources.
"ee) License agreement is a privilege granted by the
State to a person to utilize forest resources within any forest land
with the right of possession and occupation thereof to the exclusion of
others, except the government, but with the corresponding obligation to
develop, protect and rehabilitate the same in accordance with the terms
and conditions set forth in said agreement.
"ff) Permit is short-term privilege or authority
granted by the State to a person to utilize any limited forest
resources or undertake a limited activity within any forest land
without any right of occupation and possession therein.
"gg) Annual allowable cut is the volume of
materials, whether or wood or other forest products, that is authorized
to be cut yearly from a forest.
"hh) Cutting cycle is the number of years between
two major harvests in the same working unit and/or region.
"ii) Forest ecosystem refers to the living and
non-living components of a forest and their interaction.
"jj) Silviculture is the establishment, development,
reproduction and care of forest trees.
"kk) Rationalization is the organization of a
business or industry using management principles, systems and
procedures to attain stability, efficiency and profitability of
operation.
"ll) Forest officer means any official or employee
of the Bureau who has been appointed or delegated by law or by
competent authority to execute, implement or enforce the provisions of
this Code, other related laws, as well as their implementing
regulations.
"mm) Private right means to refers to titled rights
of ownership under existing laws, and in the case of national minority
to rights of possession existing at the time a license is granted under
this Code, which possession may include places of abode and worship,
burial grounds, and old clearings, but exclude productive forest
inclusive of logged-over areas, commercial forests and established
plantations of the forest trees and trees of economic values.
"nn) Person includes natural as well as juridical
person."
"Sec. 11. Manpower and policy development. — The
Bureau shall establish and operate an in-service training center for
the purpose of upgrading and training its personnel and new employees.
"The Bureau shall also set aside adequate funds to enable personnel to
obtain specialized education and training in local or foreign colleges
or institutions.
"There shall be established in the College of Forestry, University of
the Philippines at Los Baños, in coordination with the
Department of Natural Resources and the wood industry, a Forestry
Development Center which shall conduct basic policy researches in
forestry policy formulation and implementation. To help defray the cost
of operating said Center, it is authorized to receive assistance from
the wood industry and other sources."
"Sec. 14. Existing pasture leases in forest lands. —
Forest lands which are not reservations and which are the subject of
pasture leases shall be classified as grazing lands and areas covered
by pasture permits shall remain forest lands until otherwise classified
under the criteria, guidelines and methods of classification to be
prescribed by the Department Head: Provided, That the administration,
management and disposition of grazing lands shall remain under the
Bureau."
"Sec. 17. Establishment of boundaries of forest
lands. — All boundaries between permanent forests and alienable or
disposable lands shall be clearly marked and maintained on the ground,
with infrastructure or roads, or concrete monuments at intervals of not
more than five hundred (500) meters in accordance with established
procedures and standards, or any other visible and practicable signs to
insure protection of the forest.
"In all cases of boundary conflicts, reference shall be made to the
Philippine Coast and Geodetic Survey Topo map."
"Sec. 19. Multiple use. — The numerous beneficial
uses of the timber, land, soil, water, wildlife, grass and recreation
or aesthetic value of forest lands and grazing lands shall be evaluated
and weighted before allowing their utilization, exploitation,
occupation or possession thereof, or the conduct of any activity
therein.
"Only the utilization, exploitation, occupation or possession of any
forest lands and grazing lands, or any activity therein, involving one
or more of its resources, which will produce the optimum benefits to
the development and progress of the country and the public welfare,
without impairment of with the least injury to its resources, shall be
allowed.
"All forest reservations may be open to development or uses not
inconsistent with the principal objectives of the reservation.
Provided, That critical watersheds, national parks and established
experimental forests shall not be subject to commercial logging or
grazing operations, and game refuges, bird sanctuaries, marine and
seashore parks shall not be subject to hunting or fishing and other
activities of commercial nature."
"Sec. 20. License agreement, license, lease or
permit. No person may utilize, exploit, occupy, possess or conduct any
activity within any forest and grazing land, or establish, install, add
and operate any wood or forest products processing plant, unless he had
been authorized to do under a license agreement license, lease or
permit: Provided, That when the national interest so requires, the
President may amend, modify, replace, or rescind any contract,
concession, permit, license, or any other form of privilege granted
herein; Provided, further, That upon the recommendation of the
appropriate government agency, the President may, pending the conduct
of appropriate hearing, order the summary suspension of any such
contract, concession, license, permit, lease or privilege granted under
this decree for violation of any of the condition therein such as those
pertaining but not limited to reforestation, pollution, environmental
protection, export limitation or such condition as are prescribed by
the Minister of Natural Resources in daily issued regulations.
"Sec. 22. Silvicultural and harvesting system. In
any logging operation in production forests within forest lands, the
proper silvicultural and harvesting system that will promote optimum
sustained yield shall be practiced, to wit:cralaw:red
"a) For dipterocarp forest, selective logging with
enrichment or supplemental planting when necessary.
"b) For pine mangrove forest, the seed tree system
with planting when necessary. Provided, That subject to the approval of
the Department Head, upon recommendation of the Director, any
silvicultural and harvesting system that may be found suitable as a
result of research may be adopted: Provided, further, That no
authorized person shall cut, harvest or gather any timber, pulpwood, or
other products of logging unless he plants three times of the same
variety for every tree cut or destroyed by such logging or removal of
logs. Any violation of this provision shall be sufficient ground for
the immediate cancellation of the license, agreement, lease or permit.
"Sec. 26. Annual allowable cut. — The annual
allowable cut or harvest of any particular forest land under a license
agreement, license, lease or permit shall be determined on the basis of
the size of the area, the volume and kind of harvestable timber or ,
forest products and healthy residuals, seed trees and reproduction
found therein, and the established cutting cycle and rotation thereof.
"No person shall cut, harvest and gather any particular timber,
pulpwood, firewood and other forest products unless he has been
authorized under Section 20 hereof to do so and the particular annual
allowable cut thereof has been granted. chanroblesvirtualawlibrary
"In the public interest and in accordance with Section 21 hereof, the
Department Head shall review all existing annual allowable cut and
thereupon shall prescribe the level of annual allowable cut for the
common dipterocarp timber, softwood and hardwood timber cutting of
which is not prohibited, pulpwood, firewood and other forest products
using as bases the factors as well as the updated aerial photographs
and field inventories of such forest land: Provided, That pending the
completion of such review and appropriate amendment of the annual
allowable cut in existing license agreement, license, lease or permit,
existing annual allowable cut that not sufficiently supports wood or
forest products processing expansion program or new processing projects
may be allowed to continue without change: Provided, further, That no
additional or adjustment in annual allowable cut shall be made after
such a review has been made." chanroblesvirtualawlibrary
"Sec. 30. Rationalization of the wood or forest
products industry. — While the expansion and integration of existing
wood or forest products processing plants, as well as the establishment
of new processing plants shall be encourage, their locations and
operations shall be regulated in order to rationalize the whole
industry.
"No expansion or integration of existing processing plant nor
establishment of new processing plant shall be allowed unless
environmental considerations are taken into account and adequate raw
material supply on a sustained-yield basis is assured.
"A long-term assurance of raw material source from forest concessions
and/or from industrial tree plantations, tree farms or agro-forest
farms whose annual allowable cut and/or whose harvest is deemed
sufficient to meet the requirement of such processing plant shall
govern, among others, the grant of the privilege to establish, install
additional capacity or operate a processing plant. chanroblesvirtualawlibrary
"Henceforth within one year from the date of this law, as a condition
to exercise of the privileges granted them under a license agreement,
license, lease or permit, wood or forest products processors without
forest concessions or areas that may be developed into industrial tree
plantations, tree farms or agro-forest farms and licensees, lessees or
permittees without processing plants shall jointly adopt any feasible
scheme or schemes, other than log supply contract, for the approval of
the Department Head: Provided, That no license agreement, license,
lease or permit, including processing plant permit, shall be granted or
renewed unless said scheme or schemes are submitted to, and approved
by, the Department Head.
"All processing plants existing, to be expanded, to be integrated or to
be established shall obtain operating permits, licenses and/or approval
from the Bureau or the Department, as the case may be, and shall submit
themselves to other regulations related to their operation.
"The Department Head may cancel, suspend, or phaseout all inefficient,
wasteful, uneconomical or perennially short in raw material wood or
forest products processing plants which are not responsible to the
rationalization program of the government."
Section 2. Section 32, as amended by Presidential
Decree No. 865, is further amended to read as follows: chanroblesvirtualawlibrary
"Sec. 32. Log production and processing. — Unless
otherwise directed by the President, upon recommendation of the
Department Head, the entire production of logs by all timber licensees
shall, beginning January 1, 1976 be processed locally: Provided, That
the following conditions must be complied with by whose who apply be
allowed to export a portion of their log production to be determined by
the Department Head such that the total log export of these timber
licensees shall not exceed twenty-five percent (25%) of the total
national allowable cut:cralaw:red
"1) Timber licensees with existing viable processing
plants or
"2) Timber licensees with processing projects duly
approved by the Department Head or
"3) Timber licensees who have acquired viable
processing machinery and equipment which will be installed and will
become operational in accordance with the schedule approved by the
Department Head; and
"4) Timber licensees whose log expert support or are
in line with, government-approved trade agreement:cralaw:red
Provided, further, That no person shall be given a permit to export if
he has not complied with the requirements on replanting and
reforestation. Provided, That the President may, upon recommendation of
the Department Head, whenever the export price of logs falls to
unreasonably low level or whenever public interest so requires, cancel
log exportation or reduce the maximum allowable proportion for log
exports.
"All timber licensees who have no processing plant and who have no plan
to establish the same shall, jointly with wood processors, adopt a
scheme, or schemes for the processing of the log production in
accordance with Section 30 hereof."
Section 3. Section 33, 34, 35, 36, 53, 55, 61, 62,
63, 68, 69, 71, and 76 of the same Decree are amended to read as
follows:cralaw:red
"Sec. 33. Lands to be reforested and/or afforested.
— Lands to be reforested and/or afforested are as follows:cralaw:red
"1. Public forest lands. —
"a) Bare or grass-covered tracts of forest lands;chanroblesvirtualawlibrary
"b) Brushlands or tracts of forest lands generally
covered with brush, which need to be developed to increase their
productivity; chanroblesvirtualawlibrary
"c) Open tracts of forest lands interspersed with
patches of forest;chanroblesvirtualawlibrary
"d) Denuded or inadequately timbered areas
proclaimed by the President as forest reserves and reservations as
critical watersheds, national parks, game refuge, bird sanctuaries,
national shrines, national historic sites;chanroblesvirtualawlibrary
"e) Inadequately-stock forest lands within forest
concessions;chanroblesvirtualawlibrary
"f) Portions of areas covered by pasture leases or
permits needing immediate reforestation;chanroblesvirtualawlibrary
"g) River banks, easements, road right-of-ways,
deltas, swamps, former river beds, and beaches.
"2. Private Lands. —
"a) Portions of private lands required to be
reforested or planted to trees pursuant to Presidential Decree Nos. 953
and 1153 and other existing laws." chanroblesvirtualawlibrary
"Sec. 34. Industrial tree plantations, tree farms
and Agro-forestry farms. — A lease for a period of fifty (50) years for
the establishment of an industrial tree plantations, tree farm or
agro-forestry farm, may be granted by the Department Head, upon
recommendation of the Director, to any person qualified to develop and
exploit natural resources, over timber or forest lands of the public
domain categorized in Section 33 (1) hereof except those under
paragraphs (d) and (g) with a minimum area of one hundred (100)
hectares for industrial tree plantations and agro-forestry farms and
ten (10) hectares for tree farms: Provided, That the size of the area
that may be granted under each category shall, in each case, depend
upon the capability of the lessee to develop or convert the area into
productive condition within the term of the lease.
"The lease may be granted under such terms and conditions as the
Department Head may prescribe, taking into account, among others, the
raw material needs of forest based and other industries and the
maintenance of a wholesome ecological balance. chanroblesvirtualawlibrary
"Trees and other products raised within the industrial tree plantation,
tree farm or agro-forestry farm belong to the lessee who shall have the
right to sell, contract, convey, or dispose of said planted trees and
other products in any manner he sees fit, in accordance with existing
laws, rules and regulations.
"Reforestation projects of the Government, or portion thereof, which,
upon field evaluation, are found to be more suitable for, or can better
be developed as industrial tree plantations, tree farms or
agro-forestry farms, in terms of benefits to the Government and the
general surrounding area, may be the subject of a lease under this
section."
"Sec. 35. Priority. — Over any suitable area covered
by a timber license agreement or permit, the priority to establish
industrial tree plantation, tree farms or agro-forestry farm shall be
given to the holder thereof after the Bureau had determined the
suitability of such and has set aside the same for the purpose. chanroblesvirtualawlibrary
"The priority herein granted must, however, be availed of within a
reasonable period otherwise the area shall be declared open to any
qualified person and consequently segregated from the licensee's or
permittee's are."
Priority shall also be given to the establishment of communal
industries tree plantations by barangays, municipalities or cities and
provinces.
"Sec. 36. Incentives. — To encourage qualified
persons to engage in industrial tree plantation, tree farm and/or
agro-forest farm, the following incentives are granted:cralaw:red
"a) Payment of a nominal filing fee of fifty
centavos (P0.50) per hectare.
"b) No rental shall be collected during the first
five (5) years from the date of the lease; from the sixth year to the
tenth year, the annual rental shall be fifty centavos (P0.50) per
hectare; and thereafter, the annual rental shall be one peso (1.00) per
hectare: Provided, That lessees of areas long denuded, as certified by
the Director and approved by the Department Head, shall be exempted
from the payment of rental for the full term of the lease which shall
not exceed twenty-five (25) years; for the first five (5) years
following the renewal of the lease, the annual rental shall be fifty
centavos (P0.50) per hectare; and thereafter, the annual rental shall
be one pesos (1.00) per hectare: Provided, further, That
notwithstanding the foregoing, no rental shall be collected from a
lessee who, upon verification by the Bureau, substantially meets the
schedule of development of the industrial tree plantation, the tree
farm, or agro-forestry farm, as the case may be, as prescribed in the
Ministry Head, upon recommendation of the Director;chanroblesvirtualawlibrary
"c) The forest charges payable by a lessee on the
timber and other forest products grown and cut or gathered in an
industrial tree plantation, tree farm, or agro-forestry farm shall only
be twenty-five percent (25%) of the regular forest charges prescribed
in the National Internal Revenue Code;chanroblesvirtualawlibrary
"d) Exemption from the payment of the percentage tax
levied in Title V of the National Internal Revenue Code when the timber
and forest products are sold, bartered or exchanged by the lessee,
whether in their original state or not, as well as exemption from all
forms of sales tax, local and municipal taxes, and from the real
property tax under the provisions of Presidential Decree No. 853;chanroblesvirtualawlibrary
"e) A lessee shall not be subject to any obligation
prescribed in, or arising out of, the provisions of the National
Internal Revenue Code on withholding of tax at source upon interest
paid on borrowing incurred for development and operation of the
industrial tree plantation, tree farms, or agro-forestry farm; chanroblesvirtualawlibrary
"f) Except when public interest demands, the
boundaries of an area covered by an industrial tree plantation, tree
farm, or agro-forestry farm lease, once establish on the ground, shall
not be altered or modified;chanroblesvirtualawlibrary
"g) Amounts expended by a lessee in the development
and operation of an industrial tree plantation, tree farm, or
agro-forestry farm prior to the time when the production state is
reached, may, at the option of the lessee, be regarded as ordinary and
necessary business or as capital expenditures;chanroblesvirtualawlibrary
"h) The Board of Investments shall, notwithstanding
its nationality requirement on projects involving natural resources,
classify industrial tree plantations, tree farms and agro-forestry
farms as pioneer areas of investment under its annual priority plan, to
be governed by the rules and regulations of said Board;chanroblesvirtualawlibrary
"i) Approved industrial tree plantations, tree
farms, and agro-forestry farms shall be given priority in securing
credit assistance from the government and government-supported
financing institutions which shall set aside adequate funds for lending
to the lessee and/or investor at reasonable interest rates;chanroblesvirtualawlibrary
"j) The lessee and its field employees and workers
shall be exempted from the provisions of Presidential Decree No. 1153;chanroblesvirtualawlibrary
"k) Government institutions administering or
financing programs and projects requiring wood materials shall specify
the purchase of, or utilize, manufactured products derived from trees
grown and harvested from industrial tree plantations, tree farms or
agro-forestry farms, whenever possible;chanroblesvirtualawlibrary
"l) No wood, wood products or wood-derived products
including pulp, paper and paperboard shall be imported if the same are
available in required quantities and reasonable prices, as may be
certified by the Department Head, from artificial or man-made forests,
or local processing plants manufacturing the same;chanroblesvirtualawlibrary
"m) No proceeding plant of whatever nature or type,
made of, or utilizing, wood as primary materials shall be allowed to be
established, expanded or integrated, and operated without a long-term
assurance or raw materials source from forest concessions and/or from
industrial tree plantations, tree farms or agro-forestry farms in
accordance with Section 30 hereof; chanroblesvirtualawlibrary
"n) Timber grown and harvested from industrial tree
plantations, tree and agro-forestry farms may be exported without
restriction in quantity of volume, and if the exported is the same
person or firm qualified and allowed to export logs under the
provisions of this Decree, such timber from plantations/farms may be
exported exclusive of the quantity or volume authorized under Section
32 hereof: Provided, That the rentals on the forest land and the forest
charges on the plantation timber shall have been paid: Provided,
further, That, the export of the plantation timber shall be covered by
a certificate to export issued by the Department Head on a yearly
basis: Provided, finally, That the Department Head may at any time
review the exportation of timber harvested from the plantations/farms
and either reduced or totally suspend the export of such plantation
timber whenever public interest so requires; and
"o) Free technical advice from government foresters
and farm technicians.
"The Department Head may provide other incentives in addition to those
hereinabove granted to promote industrial tree plantations, tree farms
and agro-forestry farms in special areas such as, but not limited to,
those where there are no roads or where roads are inadequate, or areas
with rough topography and remote areas far from processing
plants." chanroblesvirtualawlibrary
"Sec 53. Criminal prosecution. — Kaingeros,
squatters, cultural minorities and other occupants who entered into
forest lands and grazing lands before May 19, 1975, without permit or
authority, shall not be prosecuted: Provided, That they do not increase
their clearings: Provided, further, That they undertake, within two (2)
months from notice thereof, the activities to be imposed upon them by
the Bureau in accordance with management plan calculated to conserve
and protect forest resources in the area: Provided, finally, That
kaingeros, squatters, cultural minorities and other occupants shall
whenever the best land use of the area so demands as determined by the
Director, be ejected and relocated to the nearest accessible government
resettlement are."
"Sec. 55. Wildlife. — All measures shall be adopted
to conserve wildlife. The Director shall regulate the hunting of
wildlife in forest lands in order to maintain an ecological balance of
flora and fauna."
"Sec. 61. Transfer, Unless authorized by the
Department Head, no licensee, lessee, or permittee may transfer,
exchange, sell or convey his license agreement, license, lease or
permit, or any of his rights or interests therein, or any of his assets
used in connection therewith.
"The licensee, lessee or permittee shall be allowed to transfer or
convey his license agreement, license, lease or permit only if the
license, lease or permit has been in existence for at least three (3)
years; the licensee, lessee or permittee has not violated any forestry
law, rule or regulation and has been faithfully complying with the
terms and conditions of the license agreement, license, lease or
permit: the transferee has all the qualifications and none of the
disqualifications to hold a license agreement, license, lease or
permit; there is no evidence that such transfer or conveyance is being
made for purposes of speculation; and the transferee shall assume all
the obligations of the transferor.
"As used in this section, the term "assets" shall not include cattle
and other livestocks or animals raised in grazing lands and forest
lands, and planted trees and other products raised in industrial tree
plantations, tree farms and agro-forestry farms." chanroblesvirtualawlibrary
"Sec. 64. Equity sharing. — Every corporation
holding a license agreement, license, lease or permit to utilize,
exploit, occupy or possess any forest land, or conduct any activity
therein, or establish and operate a wood-processing plant, shall within
one (1) year after the effectivity of this amendatory Decree, formulate
and submit to the Department Head for approval a plan for the sale of
at least ten percent (10%) of its subscribed capital stock in favor of
employees, laborers and the general public.
"The plan shall be so implemented that the sale of the shares of stocks
shall be effected by the corporation not later than the sixth year of
its operation, or the first year of effectivity of the amendatory
Decree, if the corporation has been in operation for more that five (5)
years prior to such effectivity.
"No corporation shall be issued any license agreement, license, lease
or permit after the effectivity of his amendatory Decree, unless it
submits such a plan and the same is approved for implementation within
the sixth year of its operation.
"The Department Head shall promulgate the necessary rules and
regulations to carry out the provisions of this section, particularly
on the determination of the manner of payment, factors affecting the
selling price, establishment of priorities in the purchase of the
shares of stock, and the preparation of a fund to ensure the financial
capability of the deserving employees and laborers. The industries
concerned shall extend all assistance in the promulgation of policies
on the matter, such as the submission of all data and information
relative to their operation, personnel management and asset evaluation."
"Sec. 68. Cutting, gathering and/or collecting
timber or other products without license. — Any person shall cut,
gather, collect, or remove timber or other forest products from any
forest land, or timber from alienable or disposable public land or from
private land whose title has no limitation on the disposition of forest
products found therein, without any authority under a license
agreement, lease, license or permit, shall be punished with the penalty
imposed under Arts. 309 and 310 of the Revised Penal Code: Provided,
That in the case of partnership, association or corporation, the
officers who ordered the cutting, gathering, or collection shall be
liable, and if such officers are aliens, they shall, in addition to the
penalty, be deported without further proceedings on the part of the
Commission on Immigration and Deportation. chanroblesvirtualawlibrary
"The Court shall further order the confiscation in the favor of the
government of the timber of forest products so cut, gathered, collected
or removed, as well as the machinery, equipment, implements and tools
used therein and the forfeiture of his improvements in the area:
Provided, That timber or forest products cut, gathered, collected or
removed from a license area shall be delivered to the licensee, lessee
or permittee in whose area the forest products were cut, gathered,
collected or removed, free from claims of the illegal cutter, but
subject to the payment of the corresponding forest charges. Should the
licensee refuse to accept the products, the same may be confiscated in
favor of the government to be disposed in accordance with law,
regulation or policy on the matter."
"Sec. 69. Unlawful occupation or destruction of
forest lands and grazing lands. — Any person who enters and occupies or
possesses, or makes kaingin for his own private use or for others, any
forest land or grazing land without authority under a license
agreement, lease, license or permit, or in any manner destroys such
forest land or grazing land or part thereof, or causes any damage to
the timber stand and other products and forest growth found therein, or
who assists,ds or abets any other person to do so, or sets a fire, or
negligently permits a fire to be set in any forest land or grazing
land, or refuses to vacate the area when ordered to do so, pursuant to
the provisions of Section 53 hereof shall, upon conviction, be fined in
an amount of not less than five hundred pesos (P500.00), nor more than
twenty thousand pesos (P20,000.00) and imprisoned for not less than six
(6) months nor more than two (2) years for each such offense, and be
liable to the payment to ten (10) times the rental fees and other
charges which would have accrued has the occupational and use of the
land been authorized under a license agreement, lease, license or
permit: Provided, That in the case of an offender found guilty of
making kaingin, the penalty shall be imprisonment for not less than two
(2) nor more than four (4) years and a fine equal to eight (8) times
the regular forest charges due on the forest products destroyed,
without prejudice to the payment of the full cost of production of the
occupied area as determined by the Bureau: Provided, further, That the
maximum of the penalty prescribed herein shall be imposed upon the
offender who repeats the same offense and who commits the same offense
and double the maximum of the penalty upon the offender who commits the
same offense for the third time.
"In all cases the Court shall further order the eviction of the
offender from the land and the forfeiture to the government of all
improvements made and all vehicles, domestic animals and equipment of
any kind used in the commission of the offense. If not suitable for use
by the Bureau, said vehicles, domestic animals, equipment and
improvements shall be sold at public auction, the proceeds of which
shall accrue to the Development Fund of the Bureau.
"In case the offender is a government official or employee, he shall,
in addition to the above penalties be deemed automatically dismissed
from office and permanently disqualified form holding any elective or
appointive position.
"Sec. 71. Illegal occupation of national parks
system and recreation areas and vandalism therein. — Any person who,
shall, without permit, occupy for any length of time any portion of the
national parks system or shall, in any manner cut, destroy, damage or
remove timber or any species of vegetation or forest cover and other
natural resources found therein, or shall mutilate, deface or destroy
objects of natural beauty or of scenic value within areas in the
national parks system, shall be fined not less than five hundred
(P500.00) pesos or more than twenty thousand (P20,000.00) pesos
exclusive of the value of the thing damaged. Provided, That if the area
requires rehabilitation or restoration as determined by the Director,
the offender shall also be required to restore or compensate or the
restoration of the damage: Provided, further, That any person who,
without proper permit shall hurt, capture or kill any kind of bird,
fish or wild animal life within the area in the national parks system
shall be subject to the same penalty. Provided, finally, That the Court
shall order eviction of the offender from the land and the forfeiture
in favor of the government of all timber or any species or vegetation
and other natural resources collected or removed, and any construction
or improvement made thereon by the offender. If the offender is an
association or corporation, the president or manager shall be directly
responsible and liable for the act of his employees or laborers. chanroblesvirtualawlibrary
"In the event that an official or employee of a city or municipal
government is primarily responsible for detecting and convicting the
violator of the provisions of this section, fifty per centum (50%) of
the fine collected shall accrue to such municipality or city for the
development of local parks."
"Sec. 76. Coercion and influence. — Any person who
coerces, influences, abets or persuades the public officer or employee
referred to in Sections 74 and 75 commit any of the acts mentioned
therein shall suffer imprisonment of not less than one (1) year and pay
a fine of five hundred (P500.00) pesos for every hectare or a fraction
thereof so improperly surveyed, classified or released.
"In all other cases, any person who coerces, influences, abets or
persuades the public officer or employee by using power and influence
in deciding any pending case or matter in his favor shall be punished
by a fine of not more than five thousand pesos (P5,000.00) and
imprisonment of not less than one (1) year." chanroblesvirtualawlibrary
Section 4. The same Decree is amended by inserting
after Section 80 thereof, a new section which shall read as
follows: chanroblesvirtualawlibrary
"Sec. 80-A. The Armed Forces of the Philippines
shall organize a special force in every region to help enforce the
provisions of this Act under such rules and regulations as may be
agreed upon by the Secretaries of National Defense and Natural
Resources.
"Sec. 80-B. Administrative Authority of the Director
to impose fines. — In all cases of violations of this Code and other
forest laws, rules and regulations where fine is the principal penalty,
the Director is hereby authorized to impose administratively the
penalty consisting of the fine."
Section 5. Appropriation. — The sun of the three
million pesos is hereby authorized to be appropriated out of any fund
in the National Treasury not otherwise appropriated, for the operation
of the Forestry Development Center for the current fiscal year.
Thereafter, the appropriation for said Center shall be included in the
appropriations for the University of the Philippines. chanroblesvirtualawlibrary
Section 6. Repealing Clause. — The Pasture Land Act
(C.A. No. 462) and its implementing rules and regulations and other
laws, rules and regulations in conflict with the provisions of this
Decree are repealed.
Section 7. This Decree shall take effect immediately.
Done in the City of Manila,
this 11th day of June, in the year of Our Lord, Nineteen Hundred and
seventy-eight.
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