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Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 389
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PRESIDENTIAL DECREE NO. 389 -
CODIFYING, REVISING AND UPDATING ALL FORESTRY LAWS AND FOR OTHER
PURPOSES
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chanroblesvirtualawlibrary
WHEREAS,
there is a serious need to effectively conserve the Nation's public
forests, including watershed areas, to protect and preserve national
parks, and at the same time, to provide suitable agricultural land for
our people;chanroblesvirtualawlibrary
WHEREAS, upon my instructions, the Department of Agriculture and
Natural Resources has prepared, drafted and completed the codification,
revision and updating of forestry laws to conform with, and in
pursuance of the provisions of the New Constitution;chanroblesvirtualawlibrary
WHEREAS, the adoption of the Code as part of the law of the land will
achieve the following results, among others: chanroblesvirtualawlibrary
(1) The gradual phasing out of log exportation and
accelerated development of the local wood processing industry through a
system of disincentives and incentives;chanroblesvirtualawlibrary
(2) Additional revenue to support the expanded
responsibilities of the Bureau of Forest Development in land
classification, forest protection, reforestation of denuded watersheds,
continuing census of settlers and kaingin management in public forest,
forest research and development;chanroblesvirtualawlibrary
(3) The abolition of short-term licenses and the
granting of long-term license agreements of 10 and 25 years to afford
the grantee security of tenure, thus, assuring the effective
conservation of the forest and elimination of petty graft resulting
from periodic renewal of such timber licenses;chanroblesvirtualawlibrary
(4) Abolition of the requirement of one processing
plant for each concession and inducing the establishment of
economic-sized plants located near shipping points, which can
adequately complete in foreign markets in terms of quality and pricing
of output;chanroblesvirtualawlibrary
(5) Acceleration of land classification and immediate
proclamation of permanent forests as forest reserves;chanroblesvirtualawlibrary
(6) Resettlement or integration of settlers in public
forests through a system of kaingin management. This involves a
complete and continuing census of all occupants of public forest,
including their location, in order to determine valid claims and
prepare action plans for integrating such occupants into the
socio-economic mainstream; and chanroblesvirtualawlibrary
(7) Revitalization of the Forest Agency (Bureau of
Forest Development). Adopted and made part of this Code is the merger
of the Bureau of Forestry, Reforestation Administration, and the Parks
and Wildlife Office, as already embodied in the Integrated
Reorganization Plan approved under Presidential Decree No. 1.
WHEREAS, the urgency of giving force and effect to this measure in the
quickest possible manner and time cannot be overemphasized, the
Filipino people having witnessed and suffered from the last
catastrophic floods and droughts throughout the Archipelago;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of the Armed Forces of the Philippines and pursuant
to Proclamation No. 1081, dated September 21, 1972, and General Order
No. 1, dated September 22, 1972, as amended, in order to accelerate the
classification of our remaining unclassified forest lands into
alienable or disposable public lands and permanent forest and conserve
the latter for the benefit of the present and future generations of
this Country, do hereby order and decree the
following: chanroblesvirtualawlibrary
ARTICLE I
TITLE AND POLICY
Section 1. Title. — This shall be known as the
"Forestry Reform Code of the Philippines".
Section 2. Declaration of Policy. — It is the policy
of the State:cralaw:red
(a) To promote the wise utilization, conservation and
development of the forest resources of the country, including their
associated services relating to water supply, recreation and wildlife
preservation;chanroblesvirtualawlibrary
(b) To safeguard the national interest in the
maintenance of a wholesome ecological environment;chanroblesvirtualawlibrary
(c) To accelerate the rehabilitation of denuded
lands, including those under private ownership; and
(d) To provide a stable forestry agency and a body of
laws and regulations adequate to achieve the national policy.
ARTICLE II
ORGANIZATION AND JURISDICTION OF THE BUREAU OF FOREST DEVELOPMENT
Section 3. Merger and Organization of Forestry
Agencies. — For the purpose of carrying out the policies established
under this Code, the Bureau of Forestry, the Reforestation
Administration, the Parks and Wildlife Office and such other government
agency, instrumentality or special project as are performing related
functions, including applicable appropriations, records, equipment,
property and such personnel as may be necessary, are hereby merged into
a single agency to be known as the Bureau of Forest Development,
hereinafter referred to as Bureau. The Bureau shall be directly under
the control and supervision of the Secretary of the Department of
Agriculture and Natural Resources, hereinafter referred to as
Department Head.
The Bureau shall be headed by a Director, who shall be assisted by one
or more Assistant Directors. The Directors and Assistant Directors
shall be appointed by the President. ``
All positions in the three merged agencies are considered vacated.
Present occupants may be appointed in accordance with a plan
organization prepared by the Director as approved by the Department
Head. Any appointee who fails to report for duty in accordance with the
approved plan within thirty (30) days upon receipt of notification
shall be deemed to have declined the appointment, in which case the
position may be filled by any other qualified applicant.
Section 4. Qualification of the Director and
Assistant Director. — No person shall be appointed Director or
Assistant Director of the Bureau unless he is a natural-born citizen of
the Philippines, at least 30 years of age, a holder of at least
Bachelor's Degree in Forestry or its equivalent, and a registered
forester.
Section 5. Creation of Functional Divisions and
Staffs. — There is hereby created the following divisions:cralaw:red
(a) Planning and Evaluation Division which shall have
the following functions: (1) undertake economic, organization and
management research relative to forest land management and forest
industry development; (2) prepare long-range and annual programs of
work; (3) guide the preparation of multiple-use plans for the public
forest; (4) evaluate, through a system of field inspection, the quality
and quantity of performance as measured against established policies,
goals and standards; (5) establish standards for land classification in
the public forest; (6) recommend changes in laws, regulations, policies
and procedures as needed to achieve agency objectives; (7) maintain
agency manuals; and (8) perform such other functions as may be provided
by law.
This division shall consist of functional sections, namely: Program
Planning, Performance Evaluation, Forest Economics and Management
Analysis.
(b) Administrative Division which shall have the
following functions: (1) advise management on personnel policies and
administration; (2) develop and administer a personnel program on
selection and placement, classification and pay, career and employee
development, training, performance rating, employee relations, health
and welfare service; (3) inform the public about the policies, plans,
activities and accomplishments of the Bureau; (4) develop and improve
budgetary methods, procedures, and justifications, provide fund
estimates in support of the Bureau's operations, plans, and programs;
and provide for the systematic release and control of fund allotments
to the various units of the Bureau; (5) maintain basic and subsidiary
accounting records and books of accounts to reflect financial
transactions; (6) certify to the availability of funds, obligate funds,
process vouchers or claims, and prepare financial reports; (7) file and
maintain necessary records and establish a records disposition program;
(8) provide mail, transportation, messengerial, and general utility
services for the Bureau; (9) procure, store, and distribute supplies
and equipment and conduct periodic inventories of the same; (10)
provide cashiering services; (11) and perform such other functions as
may be provided by law.
This Division shall consist of functional sections, namely: Personnel,
Budget, Accounting, Information and General Services.
(c) Legal Staff which shall have the following
functions: (1) provide legal counsel and assistance to the Director and
various organizational units of the central office concerning the
interpretation and application of forestry, reforestation, parks, and
wildlife laws; (2) assist the regional staffs in resolving complex
legal problems involving violations of laws, rules and regulations; (3)
appear in courts and administrative bodies in behalf of the Director
and other personnel of the Bureau on cases arising from the lawful
discharge of, or cases related to the functions of their offices; (4)
conduct investigations regarding cases filed against employees of the
Bureau and submit recommendations; and (5) perform such other functions
as may be provided by law. The Legal Staff shall be directly under the
Office of the Director.
(d) Silviculture Division which shall have the
following functions: (1) maintain a current inventory of timber
resources in the public forest, including virgin, cutover and degraded
forests; (2) design silvicultural systems for commercial and
non-commercial timberlands; (3) prepare guidelines for working unit
plans; (4) provide standards for the conduct of post-harvest diagnostic
surveys and timber stand improvement activities in the public forest;
(5) prepare the program for reforestation and disease and insect
control; (6) insure that the boundary of the permanent public forest is
established in accordance with the land classification standards
prescribed by the Planning and Evaluation Division, and undertake the
initial marking of the boundary; and (7) perform such other functions
as may be provided by law.
This Division shall consist of functional sections, namely:
Silviculture and Reforestation, Timber Inventory, Working Unit Plans
and Land Classification.
(e) Forest Protection and Utilization Division which
shall have the following functions: develop, within the public forest,
the programs for protecting the public forest, reforestation projects,
national parks and wildlife sanctuaries from fire and encroachment; (2)
provide guidelines for the effective enforcement of fish and game laws
and regulations; (3) prescribe standards and procedures for the
issuance of forestry licenses or permits; (4) issue timber licenses and
establish guidelines in the processing of application for leases and in
the preparation of operating plans for the removal of timber and minor
forest products in accordance with working unit plans; (5) develop a
program for the resettlement of shifting cultivators occupying the
public forest; (6) formulate a program for the protection and
rehabilitation of watersheds; (7) develop, install and provide
technical supervision in the maintenance of forest transportation and
communication systems, buildings, and other structural facilities
associated with the public forest, and (8) perform such other functions
as may be provided by law.
This Division shall consist of functional sections, namely: Timber
Operations, Land Uses, Watershed Management, Utilization, Kaingin
Management, and Forest Protection and Engineering.
(f) Parks, Range and Wildlife Division which shall
have the following functions: (1) formulate the outdoor recreation
programs in public forest, national parks, including marine parks and
other related recreation units; (2) establish the carrying capacity and
range-use requirements on suitable grasslands in the public forest; (3)
set standards for the issuance of grazing permits to ensure the
utilization of public range lands is in accordance with watershed and
wildlife habitat requirements; (4) determine the need for, and
recommend, the establishment of wildlife sanctuaries; (5) establish
wildlife habitat requirements for application in the managed forest;
(6) recommend season, bag and/or creel limits of game and fish within
the public forest and the marine parks, lakes and other inland waters
which may be under the jurisdiction of the Bureau; and (7) perform such
other functions as may be provided by law.
This Division shall consist of functional sections, namely: Parks
Management, Recreation Management, Wildlife Management and Range
Management.
(g) Forest Research Division which shall have the
following functions: (1) conduct problem analysis, design and implement
program of basic and applied research on the protection and utilization
of the soil, water, timber, range, wildlife habitat and recreation
resources of the public forest including silviculture, ecology, forest
pests and diseases, range, wildlife and forest environment; and (2)
perform such other functions as may be provided by law.
This Division shall consist of functional sections, namely:
Silviculture, Range and Wildlife, Watershed Management, Pests and
Diseases, and Field Research Services.
The Department Head, upon recommendation of the Director, may create
such additional divisions, sections or units as may be deemed necessary
to meet the demands for better forest administration. He may likewise
create, upon recommendation of the Director, a central research
institute for the purpose of collaborating with and reinforcing the
Forest Research Division.
Section 6. Creation of Regional and District Office.
— For the efficient and effective implementation of the program of the
Bureau, there shall be created at least eleven regional offices. In
each region, there shall be as many forest districts as may be
necessary, in accordance with the extent of forest area, established
work loads, need for forest protection, fire prevention and other
factors, any law to the contrary notwithstanding.
Section 7. Jurisdiction of the Bureau. — The Bureau
shall be responsible for the effective, efficient and economic
classification, protection, development, management, regeneration,
reforestation, occupancy and use of all public forest and forest
reserves; the granting of licenses or permits for the taking or use of
forest products therefor or the occupancy or use of the public forest;
the implementation of multiple-use and sustained yield management in
the public forest, and a comprehensive program of forest research; the
protection, development and preservation of national parks, game
refuges and wildlife; the implementation of a continuing program of
kaingin management within the public forest; the enforcement of
forestry, reforestation, parks, games and wildlife laws. The Bureau
shall, in collaboration with appropriate Government agencies, extend
assistance towards the development, utilization and rationalization of
the wood industries; regulate the operation of sawmills, veneer and
plywood mills and other wood processing plants; conduct studies of
domestic and world markets; provide and support of industrial
operations within the public forest; and support fiscal policies
associated therewith. chanroblesvirtualawlibrary
Section 8. Adoption by Reference. — Except as
specifically provided in the preceding sections, the provisions of the
Integrated Reorganization Plan under Presidential Decree No. 1, dated
September 24, 1972, and Letter of Implementation No. 9, dated November
1, 1972, with respect to the Bureau, the regional offices, their
organization, staffing, and other matters as are hereby related, are
deemed adopted as part of this Code.
Section 9. Regulation of the Bureau. — The Director
shall, with the approval of the Department Head, promulgate such rules
or regulations as are deemed expedient or necessary for the protection,
conservation, development, occupancy and use of the public forest,
including national parks, game refuge and bird sanctuaries in such a
manner and by such means as will insure a continuous and sufficient
supply of water, timber, forage, wildlife, recreational values, and
other forest products and services.
The regulations shall include the mechanism by which the licenses,
leases, or permits specified in this Code may be issued by the Bureau.
Charges, fees and bonds shall be prescribed and imposed only in the
manner provided for in this Code.
Section 10. Authority of Officers and Employees of
the Bureau to Make Arrest and Seizure and to Administer Oath and Take
Testimony. — Officers or employees of the Bureau may arrest without
warrant in a public forest any person who has committed or is
committing an act against the provisions of this Code. They may also
seize and confiscate in favor of the Government forest products,
including tools and equipment used in committing the act. The
disposition of seized products, materials and equipment shall be done
by the Director in accordance with regulations approved by the
Department Head.
The Department Head may deputize any qualified person to exercise the
power or authority provided for in the preceding paragraph, which shall
include the protection of the forest from any form of illegal
occupation or destruction.
Any person arrested by an officer or employee of the Bureau under the
authority herein given shall, if such be reasonable and practicable, be
brought before the proper authorities within the period prescribed by
existing laws and to be dealt with according to law. chanroblesvirtualawlibrary
Forest officers are authorized to administer oath and take
acknowledgment in official matters connected with the functions of
their office, and to take testimony in official investigations
conducted under the authority of this Code and the implementing
regulations.
Section 11. Manpower Development. — The Bureau shall
establish are in-service training center for the purpose of upgrading
and training its personnel and new employees. The training center shall
consist of a Central Institute to be established on the campus of the
College of Forestry of the University of the Philippines, and such
other training center or centers the Bureau may establish.
The Bureau shall also set aside adequate funds to enable personnel to
obtain special education and training in local or foreign colleges or
institutions.
Section 12. Performance Evaluation. — The Bureau
shall devise a system, to be approved by the Department Head, to
evaluate the performance of its employees as well as the performance of
permittees, lessees, licenses and other users of the public forest. The
system shall measure accomplishment in quantity and quality of
performance as related to the funded program of work assigned to each
organizational unit. There shall be included a system of periodic
inspection of district offices by the regional offices and of the
regional and district offices by the Central Office in both functional
fields and in the overall assessment of how each administrative unit
has implemented the laws, regulations, policies, programs and practices
relevant to such unit. The evaluation system shall provide the
information for: annual progress reports; determination of employee
training, transfer or disciplinary action; continuation modification of
termination of licenses, leases or permits; and the modification of
laws, regulations, policies and practices. chanroblesvirtualawlibrary
A summary of the key findings of the evaluation activity shall be
incorporated into an annual report which the Director shall submit to
the Department Head within sixty (60) days following the close of each
fiscal year.
ARTICLE III
GENERAL PROVISIONS
Section 13. Principles Governing the Administration
of Forests. — The public forests of the Philippines shall be held and
administered under the concept of multiple-use and sustained-yield for
the protection of the public interest, the utility and safety of the
forests, and the perpetuation thereof in productive condition by wise
use.
Section 14. Diffusion of Benefit. — No lease, license
or license agreement issued to a corporation shall be granted, renewed
or allowed to continue under the provision of this Code except upon the
express condition that the grantee shall, within three (3) years from
the date of the grant, renewal or, in the case of those that are not
yet due to expire, within three (3) years from the approval of this
Code, sell or offer for sale under reasonable terms and conditions as
may be determined by the Director, at least twenty per centum (20%) of
its subscribed capital stock to its employees and/or to the general
public.
The Bureau shall, in its rules, ensure the further diffusion of the
privilege to develop and utilize the forest resources to as many
qualified and deserving applicants as possible, consistent with the
policy of promoting the establishment of economic-sized operational
units.
Section 15. Private Rights. — The grant of any
license, license agreement, lease or permit under this Code shall be
subject to private rights of persons, if there be any, within the
concession or license areas as evidenced by their occupation and
cultivation existing at the time the license, license agreement, lease
or permit is issued by the Government, or other muniments of title, and
the area over which such private rights exist shall be respected, and
logging operations or occupancy within said area shall be allowed only
upon prior authorization by the Director.
ARTICLE IV
LAND CLASSIFICATION
Section 16. Regulation Setting Apart Forest Reserves;
Permanency of Same. — Upon the recommendation of the Director, duly
concurred in by the Department Head, the President of the Philippines
shall, by proclamation, declare all lands of the public domain eighteen
percent (18%) in slope or over as permanent forests or forest
reserves, regardless of the condition of vegetative cover, occupancy,
or use of any kind, and thereafter such forest reserves shall not be
alienated nor disposed of, but shall remain in public ownership as such
for forest uses.
Parcels of land less than eighteen percent (18%) in slope and less than
two hundred fifty (250) hectares, and lands on tops of ridges or
plateaus, regardless of size, which are found within or are surrounded,
wholly or partly, by a body of public forest and suitable for permanent
forest purposes shall be considered as part thereof. Areas along
streams or rivers may be utilized, in the absence of available
alienable or disposable areas, as kaingin relocation centers, forest
villages, and other purposes compatible with the proper management of
the forest. Appropriately located road rights-of-way shall be retained
as part of the permanent forest land. A strip of land fifty (50) meters
above the normal high waterline on each side of rivers and streams with
channels not less than five (5) meters wide shall be retained as
permanent forest land for stream bank protection. Strips of land,
mangrove and swampland not less than fifty (50) meters from the
apparent shoreline facing oceans, lakes and other bodies of water shall
be retained as permanent forest for shoreline protection. Isolated
areas or patches of forest of at least five (5) hectares with slope
eighteen percent (18%) or over shall likewise be retained as permanent
forest land.
All lands eighteen percent (18%) in slope or over which have been
previously classified as alienable or disposable, but not yet titled as
certified by the Director of Lands, shall be reverted to the category
of public forest; Provided, that existing alienable or disposable
lands, even if eighteen percent (18%) in slope or over but covered by
approved public land applications, or have been, and are actually
occupied openly, continuously, adversely and publicly for a period of
not less than thirty (30) years as of the effectivity of this Code,
shall remain as such alienable or disposable; Provided, further, that
such alienable or disposable lands eighteen percent (18%) in slope or
over are kept in a vegetative condition sufficient to prevent erosion
and adverse effects on the lowlands and streams, otherwise, steps shall
be taken by the Bureau to initiate appropriate proceedings to revert
such lands to the category of public forest.
The President of the Philippines may, by proclamation, and upon the
recommendation of the Director, duly concurred in by the Department
Head, modify the boundaries of any forest reserve without need of
concurrence by any other body, any provision of law to the contrary
notwithstanding.
Section 17. Establishment of Boundaries of Forest
Reserves. — All boundaries of the public forest shall be clearly marked
and maintained on the ground. Boundary corners shall be established
with concrete monuments of intervals of not more than five hundred
(500) meters and in accordance with established procedures and
standards.
Section 18. Classification of Public Forest Lands as
Alienable or Disposable. — Except those excluded in Section 16, and
areas presently designated as permanent forest, national park, national
shrine, national historic site, swampland and forest area which have
been declared by the Department Head as essential to research, scenic,
recreation, or fish and wildlife purposes portions of the public forest
below eighteen percent (18%) in slope, upon the certification of the
Director that said portions are not required by the public interest to
be kept in public ownership and that their alienation or disposition is
compatible with forestry purposes, shall be declared by the Department
Head as such alienable or disposable; Provided, however, that areas
within timber concessions below eighteen percent (18%) in slope which
are timbered and/or having adequate residual stocking, and presently
supporting an existing processing plant shall not be released as
alienable or disposable but shall remain as part of the permanent
forest land; Provided, further, that the Department Head may, from time
to time, release to the Department of Agrarian Reform Lands of the
public domain for the purpose of Agricultural Resettlement and Sale.
All applications for registration of land for titling purposes shall be
referred to the Director or his representative who will certify under
oath that such land is alienable or disposable, or part of the public
forest, as the case may be.
ARTICLE V
SPECIAL AREAS AND THEIR FUNCTIONS
Section 19. Forest Research. — The Bureau is
responsible for the design and conduct of a comprehensive program of
forest research relative to the establishment, protection, perpetuation
and utilization of the various resources and services available from
the public forest. Such research shall be conducted in a manner which
provides functional information in harmony with the concept of managing
the forest as an ecosystem. The research program shall include such
subjects as forest and grasslands, ecology, silviculture, range and
wildlife habitat management, wildlife biology, forest soils, watershed
management and protection of the forest from insects and diseases.
Except for such research as may be conducted by educational
institutions in furtherance of their academic programs, the Bureau is
assigned the exclusive authority and responsibility for the conduct of
such research in the Government sector.
Experimental forests may be established for the purpose of conducting
coordinated research. Should such coordinated research require
harvesting of timber or other forest products, the same shall be done
solely by the Government but in no case shall it be carried on a
commercial scale and any revenue realized therefrom shall accrue to the
Bureau as part of its research and development trust fund. chanroblesvirtualawlibrary
Field research shall be reinforced by a Central Research Institute to
be established on the campus of the College of Forestry of the
University of the Philippines in which laboratory phases of forest
research shall be conducted. The organization of this Institute shall
be done by the Department Head upon recommendation of the Director.
The execution of the provisions of this Section shall coordinate with
the provisions of Presidential Decree No. 48, dated November 10, 1972,
establishing the Philippine Council for Agricultural Research (PCAR).
Section 20. National Park System. — Upon
recommendation of the Department Head, the President of the Philippines
may, by proclamation, reserve and withdraw from settlement, occupancy,
or disposition any portion of the public domain which, because of its
panoramic, historical, educational, cultural, scientific, aesthetic
values, should be dedicated and set apart as a national park, in
accordance with the criteria to be prescribed by the Director and
approved by the Department Head, the national marine parks, national
seashore parks, national battlefield parks, and other categories of
national significance. All natural resources or physical components
which are naturally stored or found therein shall be used only in
accordance with the purpose for which these areas are established.
All existing national parks and all other areas that may be established
as such are hereby declared permanent in status, and thereafter such
parks shall not be alienated nor disposed of, but shall remain as such
for the purpose for which they are established; Provided, that the
President may, by proclamation, alter or modify the boundaries of such
parks in order to conform with precise surveys, enhance their park
values and insure their sound management.
Roads in national parks which are existing or to be constructed shall
be opened only to traffic inherent to the use of national parks. chanroblesvirtualawlibrary
Areas within the national park system are hereby declared as game
refuges and bird sanctuaries.
The Director shall, subject to the approval of the Department Head,
establish a schedule of fees and impose conditions and penalties for
the use of areas in the national park system.
Section 21. Watershed Reservation. — All watershed
reservations established or to be established, shall be under the
jurisdiction of the Bureau. Watershed reservations may be established
by the President of the Philippines upon recommendation of the
Director, concurred in by the Department Head, to protect or improve
the conditions of water yield or to reduce sedimentation. The watershed
reservation may be opened to other uses under such terms and conditions
as the Department Head may prescribe: Provided, that the principal
objectives of such reservation shall not be jeopardized.
Upon determination by a recognized water-using agency that a portion of
the public forest is essential to a specific water resources project,
the Bureau, upon written request of such agency, shall collaborate in
the preparation of a detailed plan of protection, development,
utilization and management of such watersheds. Upon approval of the
management plan by the Department Head, the Bureau shall be responsible
for its full implementation. When the plan of management exceeds the
financial resources that the Bureau normally allocates to the watershed
areas, and when the water-using agency determines that the action
program must be accelerated or its management intensified, such agency
shall provide the additional funds needed to achieve the objectives of
the plan. In the event that the utilization of forest products or
services is curtailed, the water-using agency, with the approval of the
Department Head, shall be required to pay annually to the Bureau an
amount equivalent to the revenue which otherwise would have accrued to
become part of the Research and Development Trust Fund. chanroblesvirtualawlibrary
Section 22. Establishment of Municipal or City
Forests and Pastures. — The municipal or city council of any
municipality/municipal district or city/city district, may acquire
private or public (alienable or disposable) land for the purpose of
establishing a municipal or city forest, tree park, watershed or
pasture. The national government shall assist in, and provide the
technical supervision over the establishment and maintenance of such
municipal or city forest or pastures.
ARTICLE VI
FOREST RESOURCES
Section 23. Watershed Management. — In addition to
the responsibilities relative to watershed reservations, the Bureau is
responsible for the design and application of measures to minimize soil
erosion, regulate or modify water yield, minimize pollution or water by
users of forest and water resources and rehabilitate and improve
deteriorating watersheds. Among other activities, the Bureau shall
prescribe watershed protection and restoration measures to be
incorporated in license agreements, leases, permits, work orders, and
contracts which involve serious disturbance of the soil and water
resources, with particular attention to road construction, mining,
shifting cultivation, and burning; and it shall establish a monitoring
system to see to it that the activities authorized by the Bureau are
accomplished in line with prescribed water quality standards. It shall
also adopt standards and criteria by which it will be able to determine
whether or not logging and other land use practices shall be allowed or
suspended in a watershed or portion thereof.
Section 24. Timber Resource Management. — No timber
resource shall be allowed for commercial utilization unless the grant
advances the economic and social welfare of the Filipino people, while
at the same time assuring the continuity of the forest in productive
condition.
Subject to the provisions of the preceding paragraph, the Director or
his duly authorized representative may select or designate timber for
sale, disposal or use and may sell, dispose or authorized the use of
the same, by means of license or sales contract, at prices fixed in
this Code or as otherwise determined in accordance with the regulations
promulgated thereunder.
The Director shall prescribe and implement in every logging concession
a silvicultural system or combination of systems which will produce the
optimum sustained yield of raw materials for the dependent industries
in coordination with other related uses.
The construction of logging roads and hauling of logs which are the
primary responsibility of the licensee or concessionaire may be
subcontracted to third parties under conditions and standards
prescribed by the Director; Provided, that any violation
committed by the subcontractor shall be considered as violation
committed by the licensee or concessionaire himself and shall subject
the license to suspension or cancellation.
Section 25. Allocation of Commercial Timber
Resources. — The commercial timber resources of the production forest
shall be allocated in such a manner as to encourage the maintenance and
further development of an integrated wood industry.
To this end, the major portion of the commercial timber resource shall
be allocated under long-term license agreements. Timber allocated under
such agreements shall be limited in area and/or volume of timber
required to support, on a sustained-yield basis, the processing plant
installed or to be installed.
The estimated volume and value of timber available for commercial sale
shall be determined through an appraisal system by the Bureau.
Section 26. Timber Appraisal, Scaling and Tree
Measurement. — The Director shall institute a system of timber
appraisal for all public forest areas or forested alienable or
disposable lands, whether vacant or covered by existing timber
concessions.
In the case of timber license agreements, existing as of the
effectivity date of this Code, the first appraisal shall take place
after two (2) years following such effectivity; and of those that may
be issued thereafter, said appraisal be made every five (5) years
reckoned from the original issuance thereof.
Tree measurement shall be the basis for assessing government charges on
timber cut and removed from the public forest or alienable or
disposable lands; Provided, that until such time as the mechanics of
tree measurement has been developed, the present scaling method
provided for in the National Internal Revenue Code shall be used.
The Director, with the approval of the Department Head, shall
promulgate the implementing rules and regulations to carry into effect
the purposes of this Section.
Section 27. Authority of Department Head to Impose
Fees or Require Special Deposits. — In addition to the taxes,
fees, and charges imposed under existing laws and regulations, the
Department Head is hereby authorized to impose, upon recommendation of
the Director and in consultation with representatives of the industries
affected, such fees, or require special deposits, for the privilege to
occupy or use a portion of the public forest, or harvest and utilize
forest products.
Section 28. Collection and Disbursement. — The
collection of the fees and special deposits subject of the next
preceding Section shall be the responsibility of the Director or his
authorized representatives. The Director shall remit his monthly
collection to the Treasurer of the Philippines within the first ten
(10) days of the succeeding month. The Budget Commissioner and the
National Treasurer shall effect the quarterly releases out of this
collection upon request of the Director on the basis of a consolidated
annual budget of a work program approved by the Department Head upon
approval by the President.
Section 29. Mandatory Wood Processing Requirement. —
Upon effectivity of this Code, unless otherwise decreed by the
President upon recommendation of the National Economic Development
Authority, the amount of timber production of each timber licensee or
concessionaire required to be locally processed shall not be less than
the following percentages based on the average actual cut during the
preceding two (2) years:cralaw:red
(a) Calendar Year 1973 — 40 per centum
(b) Calendar Year 1974 — 60 per centum
(c) Calendar Year 1975 — 80 per centum
(d) Calendar Year 1976 and thereafter — 100 per centum
A wood-processing plant shall purchase logs only from legitimate
sources. A licensee who has no processing plant may enter into a
contract with a wood processor for purposes of complying with the
requirements of this Section, subject to approval by the Director.
Timber license holders shall be encouraged and assisted to utilize and
convert logging wood wastes and wood trees in their concessions and the
wood residues of their wood processing plants into the manufacture of
wood by-products and derivatives. For this purpose, the Bureau shall,
in collaboration with other wood agencies, the Board of Investments and
industry associations concerned, evolve and recommend a program of
incentives for submission to the NEDA, thru the Department Head.
Section 30. Forest Range Resources Management. — The
forage and range resources of the public forest shall be developed and
managed to insure a continuous productivity of forage to support the
livestock industry of the country. The Bureau shall collaborate with
the Bureau of Animal Industry, Bureau of Plant Industry and other
appropriate government agencies to achieve this objective.
Suitable range or grazing lands shall be determined by the Bureau using
fifty percent (50%) slope as the maximum gradient for suitable range,
and such other criteria as it may establish. All existing leases on
unsuitable range land will be offered the privilege of transferring to
suitable range lands in lieu of lease termination.
The Department Head, upon the recommendation of the Director, shall
promulgate such rules and regulations as are necessary to effectively
carry out the provisions of this Section. chanroblesvirtualawlibrary
Section 31. Wildlife Resources Management. — There
shall be maintained an adequate population of wildlife in the public
forests and surrounding areas to provide an ideal biological balance of
flora and fauna. It shall be unlawful to hunt, wound or kill, take,
have in possession or offer for sale any bird, fish or mammal without
license. Wild mammals and birds may, upon prior permission by the
Director or his representative, be caught or destroyed by property
owners at any time that such animals cause destruction to their
property. The Director may specify the seasons during which certain
birds, game and fish may be taken with permit, and may also establish
the daily and/or seasonal bag or creel limits as may be required to
maintain the desired level of stocking.
Permits for the taking of birds and game animals shall not be issued
within national parks, botanical gardens, established game sanctuaries
and other areas designated by the Department Head, except that the
latter may authorize the Director to issue a special permit for the
taking of surplus game or destructive predatory, noxious or dangerous
animals which endanger the habitat. The Director is authorized to
establish, equip, operate and maintain game farms and other game
projects in such portions of the lands under his jurisdiction as may be
deemed appropriate and beneficial, and to terminate such activities
when the purpose has been served.
A reasonable fee may be collected for the issuance of hunting and
fishing permits; Provided, however, that permits shall be issued free
of charge to those who by tradition are dependent upon the flesh of
wildbirds and mammals for their subsistence, subject to the mode of
hunting, species bag limits, and other conditions as may be prescribed.
Section 32. Recreation Resource Management. — The
Bureau shall, in the preparation of multiple-use management plans,
identify and provide for the protection of scenic areas which are
potentially valuable for recreation and tourism. In planning for the
operation of such areas for utilization of other resources, the design
shall provide for the protection and development of the recreation
resource. chanroblesvirtualawlibrary
Likewise, the road system to be constructed for harvesting timber,
mining, and other purposes shall, to the extent feasible, be designed
and constructed to facilitate the access to recreation areas.
The Bureau shall plan for development of recreation areas to induce and
meet increasing demands. The construction and operation of necessary
facilities to accommodate outdoor recreation will be done by the Bureau
with the use of its own funds which may be derived from rentals and
fees for the operation and use of recreational facilities by private
persons or operators.
The Director shall promulgate rules and regulations and establish a
schedule of fees for the recreational use of such areas.
In the areas constituting the national park system, such rules shall be
formulated and adopted to insure the continuity of their unique values.
Section 33. Management of Swamplands and Mangrove
Forests. — The Bureau, in consultation with other appropriate agencies,
shall jointly develop a management plan to increase the public benefits
derived from swamplands and mangrove forests, but in no case shall the
development obstruct or impede waterflow of streams and rivers.
Strips of mangrove forests bordering numerous islands protect the
shoreline, the shoreline roads, and even coastal barrios from the
destructive force of the sea during high winds and typhoons, and
therefore, must be kept free from artificial obstruction so that flood
water will flow unimpeded to the sea to avoid flooding or inundation of
cultivated areas in the upstreams.
All mangrove swamps set aside for coastal protection forest purposes
shall be established as permanent forest, and shall be managed under
the principle of sustained-yield.
Section 34. Kaingin Management. — The Bureau shall,
in the preparation of its multiple-use plans, design and provide for
implementation of kaingin management and relocation plan. The plan
shall include a complete and continuing census of all forest occupants,
survey of the size of occupancy and the identification of those to whom
kaingin management benefits shall be given.
The Bureau shall control and regulate the location and area, and
prescribe rules and regulations for the prevention of further
encroachment into the public forests and shall also provide an
agro-forestry development program and assistance to increase crop
productivity and employment opportunities to forest occupants. chanroblesvirtualawlibrary
The Bureau, in collaboration with other appropriate agencies, shall
identify and stabilize the land claims of primitive tribes residing
within the public forest. Provision shall be made for permanent
settlement on designated areas reserved for the purpose, such as,
unoccupied alienable or disposable lands, relocation centers within the
public forest and elsewhere as may be required to achieve the
objectives; Provided, that a member of the primitive tribes who, since
July 4, 1955, has continuously and publicly occupied and cultivated,
either by himself or through his predecessors-in-interest, a tract or
tracts of land declared as alienable or disposable, shall be entitled
to the rights granted in this Code: Provided, further, that at the time
he files his free patent application, he is not the owner of any real
property secured or disposable under the provisions of the Public Land
Act; and Provided, finally, that he has not previously availed himself
of the provisions of the laws relative to free grant of land.
For those remaining in the public forest, a continuing program of
assistance, when needed, shall be provided by the Bureau.
Any person making kaingin without permit after the completion of the
initial forest occupancy census and survey as provided for under this
Section shall be criminally prosecuted in accordance with existing
laws. Any person who violates the terms and conditions of his kaingin
permit shall forfeit all privileges granted him under the kaingin
management plan. In both cases, the violator shall be ejected from the
public forest illegally occupied and all improvements introduced
thereon including tools, equipment and work animals shall be
confiscated in favor of the Government.
Section 35. Industrial Plantation Management. — The
Bureau shall encourage the rehabilitation of denuded or deteriorated
lands embracing both those under public and private ownership. It shall
implement a system of incentives to prospective investors to plant
suitable areas to forest trees of commercial value. Such incentives may
exceed the limits set for other uses of forest lands under this Code,
and shall be contained in a set of rules to be promulgated by the
Department Head with the approval of the President.
In the case of lands within the public forest, the Bureau may grant
industrial plantation license and/or lease for a period of 25 years
renewable for another 25 years at the option of the lessee, and charge
an annual nominal rental and use fee only from the time of harvest.
In the case of private lands, the Bureau shall assist in the
preparation of management plans, give technical advice in the
development and maintenance of the plantation, and implement a system
of incentives to landowners who undertake approved conservation and
silvicultural practices.
Small scattered areas may be leased to individuals; Provided, they
organize themselves into a cooperative to insure the orderly management
and development of their plantations and marketing of their products.
Big, compact areas may be leased to individuals, corporation,
partnerships or associations. chanroblesvirtualawlibrary
Section 36. Mineral Resources Management Within the
Public Forest. — Mining operations in forest areas shall be conducted
with due regard to protection, development and utilization of other
surface resources in the areas affected by such mining operations.
No prospecting, exploration or exploitation of mineral resources shall
be allowed within the public forests including forest reservations,
national parks, reforestation projects, grazing areas, and those under
special uses and such areas reserved by law or by the President of the
Philippines for special purposes unless approved by the President upon
recommendation of the Director of Mines and Director of Forestry.
The utilization of timber and other forest products within mineral
reservations and other mineral lands shall be allowed in accordance
with existing forestry laws and regulations and such rules as may
hereinafter be promulgated.
ARTICLE VII
LICENSES, LEASES AND PERMITS
Section 37. Types and Specification of Licenses,
Leases and Permits. — A license, lease or permit may be issued or
granted only after an application has been filed and an award has been
made. No licenses, leases and permits, however, shall be granted in
provinces and cities which according to the latest official population
census, are inhabited by members of the national cultural communities,
without a prior inspection jointly conducted by the representatives of
the Bureau and of the Commission on National Integration and a
certification by said representatives that no members of the cultural
communities actually occupy or possess, or have a claim to all or
portions of the area applied for; and in cases where only portions of
the area applied for are in the occupation or possession of, or claimed
by, members of the said national cultural communities, the same shall
be excluded, or deemed excluded.
The types of licenses, leases or permits issued or granted by the
Director or the Department Head as the case may be are as follows:cralaw:red
(a) Timber License Agreement. — a long license
executed by and between the Department Head, on behalf of the
Government, and the grantee for the harvesting and removal from the
public forest of timber and, in appropriate cases also of other forest
products. It is drawn up by the Director and recommended to the
Department Head for his final approval. It is subject to review at
least once every five (5) years to ascertain compliance with the terms
thereof and adjust such terms to major policy changes.
(b) Pulpwood License Agreement. — similar to timber
license agreement except that it is primarily for the planting and
cutting of pulpwood species.
(c) Provisional Timber License. — a short term
license issued by the Department Head over areas previously under
ordinary timber licenses where field evaluation is prevented by
unstable peace and order conditions or fortuitous events, or where
government restrictions or changes in government policy have prevented
the licensee from actual logging operations, or for one reason or
another which the Department Head or Director considers satisfactory,
and the licensee failed to commence such actual operation although
substantial capital improvements have been introduced and that the
licensee has shown evidence of sufficient financial capability for
continuous logging operations such that cancellation of the license or
conversion into a longer term license cannot be done in the interim; or
where the area is covered by a mining claim and claimant does not need
the timber for mining purposes and commercializes it or waives his
right to another who is qualified to acquire a timber license.
(d) A & D Timber License. — a license issued by
the Director for the clear-cutting and commercial utilization of timber
over forested lands that have been declared as alienated or disposable
but not yet covered by a title of ownership.
(e) Private Land Timber License. — a license issued
by the Director for the cutting and commercial utilization of timber in
a private land the title to which is not registered with the Bureau.
(f) Registered Private Woodland License. — a license
issued by the Director for the cutting and commercial utilization of
timber in a private land the title of which is registered with the
Bureau.
(g) Soft Wood Timber License. — a license issued by
the Director inside a public forest for the cutting of timber species
suitable and used solely for bakya, matchsticks, carving and similar
purposes.
(h) Hard Wood Timber License. — a license issued by
the Director inside a public forest for the cutting of timber
classified as furniture timber, to be used exclusively in the
manufacture of furniture, fixtures, house components, sash, handicraft,
and other such woodcraft.
(i) Gratuitous Timber License. — a license issued by
the Director or his representative for the cutting of timber strictly
for personal use, for public purposes or for mining operations. chanroblesvirtualawlibrary
(j) Mangrove Timber License. — a license issued by
the Director for the cutting and utilization of mangrove timber species.
(k) Civil Reservation Timber License. — any of the
foregoing licenses issued by the Department Head or by the Director
inside a civil reservation for the cutting and utilization of timber
species.
(l) Land Grant Timber License. — any of the foregoing
types of licenses except paragraph (k) issued by the Department Head or
by the Director inside land grants for the cutting and utilization of
timber species.
(m) Minor Forest Products License. — a license issued
by the Director within a public forest or forested land for the cutting
and utilization of any forest product other than timber.
(n) Pasture Lease. — a lease for the occupancy and
use of a portion of the public forest for pasture purposes executed by
and between the Department Head on behalf of the Republic, and the
grantee, as recommended by the Director.
(o) Industrial Plantation License Agreement. — is a
long-term agreement executed by the Department Head, as party of the
first part, upon recommendation of the Director, by which the party of
the second part is granted the privilege to occupy a portion of the
public forest which is partly forested and partly open or bare area,
for the purpose of cutting available standing timber for pulpwood or
similar uses, and for planting the open portion with timber species of
commercial value.
(p) Industrial Plantation Lease. — a lease for the
occupancy and use of a portion of the public forest for the purpose of
growing commercial timber on denuded or deteriorated forest lands,
executed by and between the Department Head, on behalf of the Republic
and the grantee, as recommended by the Director. chanroblesvirtualawlibrary
(q) Special Use Lease. — a lease executed by the
Department Head upon recommendation of the Director for a long-term
occupancy and use of a portion of the public forest for purposes other
than those stated in the foregoing leases.
(r) Special Use Permit. — a short-term permit granted
by the Director for the occupancy or use of a portion of the public
forest for purposes other than those stated in the foregoing leases.
(s) Such other leases and/or permits the Department
Head or the Director may grant for purposes associated with the
disposition of forest products or use and occupancy of the public
forest and other areas associated therewith.
Every license, lease or permit for the occupancy or use of the forest
or for the taking, gathering or removing of the products therefrom
shall specify in detail, the privileges the holder is entitled to, and
the obligations imposed on him; and all such licenses, leases or
permits shall, when practicable, define the area for occupancy or use,
or where such products are to be taken, gathered or removed; Provided,
that such license, lease, or permit shall not, except as specified by
the Director or the Department Head, exclude other lawful uses and
occupancy of other persons; Provided, further, that where the area
applied for is inside an existing timber license or concession, a Hard
Wood or Soft Wood Timber License may be issued only over said portions
not covered by the operations or management plan of the existing
licensee or concessionaire for cutting within the next five years, or
even if such applied area is within the current operations or logging
plan, upon a written waiver or consent by the existing licensee or
concessionaire. chanroblesvirtualawlibrary
Section 38. Tenure of Licenses, Leases or Permits;
Extent of Area. — No license or lease granted by the Director or
Department Head shall continue in force for more than twenty-five (25)
years, renewable for another twenty-five (25) years, upon faithful
compliance with the terms and conditions of the license or lease.
Permits may be granted on a yearly basis renewable for the same period
at the option of granting authority.
Except as otherwise provided, the tenure and extent of area for a
license, lease or permit shall be as specified hereunder:cralaw:red
Type
Duration Area
Timber license 10 to 25 years Not
more than
Agreement 100,000 hectares,
except upon approval
of the National
Assembly upon the
recommendation of
NEDA.
Pulpwood License 10 to 25 years Not
more than
Agreement 100,000 hectares,
except upon approval
of the National
Assembly on the
recommendation of
NEDA.
Provisional At the discretion At
the
Timber License of the Director but
discretion of
not to exceed 4 years. Department
Head. chanroblesvirtualawlibrary
A & D Timber At the discretion
Limited to the
License of the Director extent of
area
but not to exceed containing
4 years. commercial timber.
Private Land At the discretion
Limited to the
Timber License of the Director
extent of area
depending on extent
containing
of forested area commercial
and merchantable timber.
stand.
Registered Same as Limited to the
Private Wood- private timber extent
of area
land License license. containing
commercial
timber.
Soft Wood At the At the discretion
Timber License discretion of the of
the
Director but not Department Head.
to exceed 5 years.
Hard Wood Same as Soft At the
discretion
Timber license Wood Timber of the
License. Department Head.
Gratuitous Not more than At the
discretion
Timber License one year for of the
personal purposes Department
and not more than 5 Head.
years for mining and
public purposes.
Mangrove Timber Not more than At
the discretion
License 4 years. of the Department
Head.
Civil Reservation At the discretion
At the discretion
Timber License of the Director. of
the Department
Head.
Land Grant At the discretion At the
discretion
Timber License of the Director. of
the Department
Head.
Minor Forest At the discretion At
the discretion
Products License of the Director of
the Department
but not to exceed Head.
5 years.
Pasture Lease 10 to 25 years. Not
to exceed 2,000
hectares.
Industrial Plantation Not to exceed
At the discretion
License 25 years. of the Department
Head.
Industrial Not to exceed At the
discretion
Plantation Lease 25 years. of the
Department
Head.
Other special use permits and leases for the use or occupancy of the
forest provided for in this Code shall be of such duration and extent
as the Director may fix.
Section 39. Charges, Fees and Bonds. — Except as
specified in this Code, the Department Head, upon recommendation of the
Director, shall fix the amount of charges, fees or rentals for the
privilege to harvest and remove for commercial purposes forest
products, and to occupy or use the public forest.
He may in like manner determine the amount of bond necessary to secure
the faithful compliance with the terms and conditions of the license,
lease or permit.
Section 40. Conditions Imposed on License, Lease or
Permit. — Upon granting any license, lease or permit, the Bureau may
prescribe such terms, conditions and limitations, not inconsistent with
law, as may be deemed by him to be in the public interest.
Section 41. Prohibition on Transfer of Permit, Lease,
License, License Agreement. — (a) Except as herein below provided, the
transfer, exchange, sale or conveyance of any permit, lease, license,
license agreement or any transaction under any guise which will allow
or permit another person to enjoy the privilege granted therein is
hereby prohibited.
(b) In the case of a lease or license agreement,
after a period of three years from the issuance of the original lease
or license agreement, the lessee or licensee may, with the approval of
the Department Head as recommended by the Director, be allowed to
transfer, or convey his lease or license agreement to another provided
the lessee or licensee has complied with all the requirements of the
law and the rules and regulations thereunder promulgated; Provided,
further, that the proposed transferee possesses the qualifications and
none of the disqualifications to hold a lease or license agreement
under the law and this Code; and Provided, finally, that there is no
evidence that such transfer or conveyance is being made for purposes of
speculation and that the transferee shall assume all unpaid forestry
accounts of the transferor.
(c) Where the lessee or license holder of a lease or
license agreement, is a partnership or corporation, the transfer of the
lease or license agreement to another partnership or corporation may be
allowed even before the lapse of the three-year period provided the
original partners or stockholders of the transferor shall control at
least sixty-six and two thirds per cent (66-2/3%) of the paid up
capital of the transferor.
(d) In any event any lessee or license agreement
holder who transfers or conveys his or its lease or license agreement,
shall forever be barred from acquiring another lease or license
agreement.
(e) The National Assembly may, in the national
interest, allow forest products licensees, lessees permittees to enter
into service contracts for financial, technical management, or other
forms of assistance with any foreign person or entity for the
exploration, development, exploitation or utilization of the natural
resources covered by their licenses, leases or permits. Existing valid
and binding service contracts for financial, technical, management or
other forms of assistance are hereby recognized as such. chanroblesvirtualawlibrary
Section 42. Registration and Regulation of Forested
Private Lands. — Every owner of private land containing timber shall
register his title to said land with the Director. Once duly
registered, timber taken and removed from such land for commercial
purposes shall be exempt from the payment of the minimum single forest
charges. The harvesting of timber shall be in accordance with a plan of
management, if such be required of the owner, duly approved by the
Director or his designated representative. The plan of management shall
include measures for keeping the land in productive condition and for
preventing watershed damage.
Section 43. Cancellation or Suspension of Privileges
Granted in License, Lease or Permit. — The Department Head may, upon
recommendation of the Director, terminate, cancel, suspend or refuse to
extend a license, lease or license agreement granted by him under this
Code for serious violation of the provisions thereof or its
implementing regulations.
The Director may, for the same reason, terminate, cancel, suspend or
refuse to extend any other license, lease or permit not covered by the
preceding paragraph.
ARTICLE VIII
INFRASTRUCTURE DEVELOPMENT
Section 44. Infrastructure Development. — The Bureau
shall coordinate its program and standards of road construction with
those of the Bureau of Public Highways in such a manner as to
facilitate and economically reduce the cost of development of
infrastructure and in a manner that will best serve the public
interest, and shall work with the Bureau of Public Works in
establishing wharves, piers and other port facilities in locations
designated for processing centers to provide incentives for wood-based
industries in the manufacture and export of finished products at
competitive levels. chanroblesvirtualawlibrary
The President, upon the recommendation of the NEDA and the Department
Head, is authorized to established one wood industry import-export
center each in Davao, Zamboanga and Quezon provinces.
Imported log supplies used in such centers shall be exempt from all
import duties as well as taxes on the resulting finished products
exported to foreign markets. Finished products may be sold in domestic
markets subject, however, to prevailing tariffs and taxes and to other
requirements governing the sale of forest products by local processors.
The Director shall in collaboration with the proper government agencies
take all necessary precautions to prevent the introduction of insects,
pests and/or diseases detrimental to Philippine forests.
Section 45. Transportation System. — The Bureau shall
prescribe the design and standard, and supervise the construction of
all roads, bridges, communications and other installations inside the
public forest, in coordination with the Department of Public Works,
Transportation and Communication. Main roads, subject to such rules and
regulations as may be promulgated, upon the joint recommendation of the
Director and the Commissioner of the Bureau of Public Highways, subject
to the approval of the Department Head, shall link up with the national
and provincial highway networks and shall become public roads after
five (5) years following the completion of their construction.
Secondary roads shall become part of the permanent forest protection
and management transportation system.
Where roads are utilized by more than one commercial forest user, the
Bureau shall prescribe the condition of joint use including the
equitable sharing of construction and/or maintenance. The Director
shall promulgate such rules, approved including the use of these roads
by other parties and such fees as are deemed necessary.
The Bureau shall initiate a meeting at least annually with the Bureau
of Public Highways at regional levels to coordinate the overall
transportation system programs of the two (2) agencies.
ARTICLE IX
SPECIAL PROVISIONS ON PROMULGATION OF ORDERS OR DECISIONS OF THE
REGIONAL DIRECTOR, THE DIRECTOR AND THE SECRETARY, APPEAL THEREFROM
Section 46. Claims and Conflicts. — Conflicts and
disputes arising out of claims or interests in licenses, leases or
permits relating to occupancy, use and/or utilization of public
forests, including forest reserves, shall be presented and decided in
the manner hereinafter provided for.
Section 47. When Order or Decision shall be Rendered.
— The award of forest area; rejection or disapproval of application for
license, lease or permit, or the extension or renewal thereof; the
suspension of a license, lease or permit; imposition of fines and
penalties upon the holder thereof for violation of the terms and
conditions of the license, lease or permit; or of any provisions of
this Code, or the internal revenue, labor or any existing laws or
regulations affecting the forest resources; the exoneration of the
grantee therefrom; and the disposition of bonds shall be decided by the
Director or his duly delegated representative. The regional director
shall have original jurisdiction to decide adverse claims and conflicts.
Section 48. When Order or Decision Becomes Final. —
Except as otherwise expressly provided hereunder, an order or decision
of the Director under this Code shall become final after thirty (30)
days following the receipt by the party concerned of such order or
decision, unless in the meantime an appeal therefrom is taken or a
motion for reconsideration is filled by the aggrieved party to suspend
the running of the period, and in a manner prescribed herein.
An order or decision of the Director in the following cases shall be
executory immediately upon promulgation:cralaw:red
(a) award of license, lease or permit, or the
renewal thereof;chanroblesvirtualawlibrary
(b) suspension of logging operations for reasons
specified under this Code and/or other related rules and regulations;
and
(c) exoneration of a licensee, lessee or permittee
from reported violation of the provisions of this Code or related laws
and regulations.
Section 49. Motion for Reconsideration, Grounds,
Period for Filing, etc. — Within thirty days (30) days from the receipt
of an order or decision, an aggrieved party may file a motion for
reconsideration of said order or decision for one or more of the
following causes materially affecting the substantial rights of said
party:cralaw:red
(a) the order or decision is not in conformity with
the applicable law, or regulations, or with the evidence presented;chanroblesvirtualawlibrary
(b) fraud, accident, mistake or excusable negligence
which ordinary prudence could not have guarded against and by reason of
which the movant has been impaired in his rights; and
(c) newly discovered evidence which he could not,
with reasonable diligence, have discovered and produced in the
investigation or when the order or decision was still under advisement
and which, if produced, would probably alter the result thereof.
Any motion for reconsideration filed after the above-prescribed period,
or which is not based on any of the above-stated grounds shall not be
entertained. Only one motion for reconsideration of an order or
decision shall be allowed.
Section 50. Appeal from the Order or Decision of the
Regional Director. — An appeal shall lie from an order or decision of
the Regional Director to the Director within the same period prescribed
in Section 49 hereof, unless a motion for reconsideration is filed
within a like period, in which case an appeal shall be made within
thirty (30) days from the receipt by the aggrieved party of the order
disposing of the motion for reconsideration.
The notice of appeal may be delivered or sent to the Regional Director
or the Director. In case the notice is sent directly to the Director, a
copy of the same shall be furnished the Regional Director, who shall
forthwith transmit all the records of the case to the Director.
Section 51. Appeal from the Order or Decision of the
Director. — An appeal from an order or decision of the Director to the
Department Head shall be made within the same period and manner as
provided for in Section 50 hereof.
Section 52. When Appeal Deemed Perfected. — An appeal
is perfected upon the due filing of the notice of appeal together with
the corresponding appeal fee. The appeal fee of fifty (P50.00) pesos
shall be paid to the Office with which the appeal is filed, which
amount shall accrue to the General Fund.
Section 53. Effect of Appeal; Motion for
Reconsideration. — A perfected appeal or a motion for reconsideration
when filed in due time and on the grounds enumerated in Section 49,
shall stay the order or decision of the Director but shall not stay
that which is included in the enumeration in the second paragraph of
Section 48 hereof.
Section 54. Execution upon Final Orders or Decision.
— Except as expressly provided in Section 48, second paragraph, and
Section 55, no execution shall issue upon an order or decision of the
Director until after the period for perfecting an appeal or for filing
a motion for reconsideration has expired.
Section 55. Execution Pending Appeal. — The Director
may, before an appeal is perfected and upon motion of the prevailing
party with notice to the adverse party, by special order, direct the
execution of his order or decision even before the expiration of the
time to appeal upon good and meritorious reasons to be stated in the
special order.
Section 56. Stay of Execution. — An order of
execution issued before the lapse of the period to appeal may be stayed
upon motion seasonably filed and upon the filing of a bond reasonably
sufficient to secure the performance of the order or decision in case
it be affirmed wholly or in part to answer for any damage that may be
caused by the suspension of the effect of such order or decision.
Section 57. Adverse Claim. — Any person who believes
himself to be the rightful owner, grantee or possessor of the land
subject of an application for a license, lease or permit under this
Code, or who claims to have priority over the same shall, before the
lapse of one (1) year after the issuance of the license, lease or
permit, file in writing and under oath his opposition in the Office of
the Regional Director, stating therein the basis of his priority or the
grounds therefor, and submitting in support thereof a sworn declaration
of two credible witnesses, and such other documents which he may care
to present; Provided, that, in case the Regional Director shall be
officially notified of not more than thirty (30) days from notice by
the Regional Director within which to file his protest in due form,
copy or copies of which shall be furnished by the claimant to other
interested parties at the same time. Any claim or protest filed beyond
the period herein set forth shall not be entertained.
Section 58. Conflict. — Any licensee, lessee or
permittee who believes that another licensee, lessee or permittee has
encroached upon the area covered by that of the former shall report the
matter to the Regional Director or any local forestry officer within
thirty (30) days after the aggrieved party learned of the encroachment
commenced, otherwise the complaint shall not be
entertained. chanroblesvirtualawlibrary
Section 59. Investigation of Claims and Conflicts. —
Adverse claims when properly asserted and reports of conflicts received
within the time specified in the next preceding Section shall be
investigated, if this has not yet been done, by the Regional Director.
The investigation shall be made whenever necessary in the very ground
and after both parties have been advised of the time, date, and place
where it will be held, and of the nature of the case. The notice of
investigation shall be served upon them at least one week before the
date set therefor.
Section 60. Report of Investigation. — The report of
investigation shall state, among other things, the following: (a) who
is in actual possession of the disputed area; (b) since when and how
the possession was made; (c) whether the occupant, if a licensee,
lessee or permittee, is utilizing the land under the terms and
conditions of his license, lease or permit; (d) since when and to what
extent the occupant has utilized the forest resources of the area
occupied by him; (e) what improvements are found on the land; (f) what
they consist of and when they were introduced; and (g) muniments of
title of occupant.
The report shall likewise be accomplished with copies of the notice to
the parties with evidence of their receipt thereof, as well as the
declaration of the parties and their witnesses who testified in the
investigation, and other documentary evidence pertinent to the just
resolution of the controversy.
Section 61. Mode of Filing Appeal, Memorandum or
Brief. — Within a prescribed period the appellant shall file a brief or
memorandum containing a concise statement of the facts of the case, the
assignment of errors, and the arguments supporting the appeal. Copy of
the appeal, brief or memorandum shall be furnished the appellee. The
records of the case shall be forwarded to the Office with which the
appeal was filed. chanroblesvirtualawlibrary
Section 62. Answer. — If the petition is sufficient
in form and substance, the Regional Director, Director or the
Department Head, as the case may be, shall issue an order requiring
those against whom the petition is filed to answer the same within
fifteen (15) days from the receipt thereof.
Section 63. Action after Answer is Filed. — Once the
answer is filed, or the time for its filing has expired, the Regional
Director, Director or the Department Head, as the case may be, shall
investigate the case. If after the investigation, it is found that the
allegation in the petition is not true, the petition shall be
dismissed, otherwise, the petition shall be granted, or the order or
decision complained of set aside upon such terms and conditions as may
be just.
Section 64. Finality of Decision Promulgated by the
Department Head. — The decision of the Department Head on the appealed
case and suspension or cancellation of licenses, leases or permits, as
well as other cases covered by this Code shall become final after
thirty (30) days from the date of the receipt of a copy thereof by the
interested parties, unless otherwise specifically stated therein or a
timely motion for reconsideration is filed. In the latter case, the
provision of Section 49 hereof shall apply.
Section 65. Execution and stay of Execution of
Department Head's Decisions. — The provisions of Sections 55 and 56
hereof shall apply with respect to decisions of the Department Head
subject of the preceding section.
Section 66. Appeal from the Order/Decision of the
Department Head. — The party not satisfied with the order or decision
of the Department Head may take the matter to the Supreme Court or the
Court of Appeals, as the case may be, in a proper proceeding, within
thirty (30) days from receipt of such order or decision. Only questions
of law may be brought before the Supreme Court.
Findings of facts of the Director, when affirmed by the Department
Head, shall be final and conclusive.
Section 67. Suppletory Application of Rules of Court;
Other Laws. — The Rules of Court and other related laws shall apply in
a suppletory character whenever practicable and convenient.
ARTICLE X
PROHIBITIONS AND PENALTIES
Section 68. Free Entry by Forest Officers or Other
Persons. — When in the performance of their official duties, forest
officers or other government officials or employees, shall have free
entry into the public forests, national parks, forest reserves, game
refuges and bird sanctuaries. It shall be unlawful for any existing
concessionaire, lessee, licensee or permittee and their agents,
representatives or employees to bar or prevent entry of such forest
officers or other government officials or employees to areas under
concession, lease, license or permit. Violation of this Section shall
be sufficient cause for cancellation of such concession, lease, license
or permit.
Section 69. Cutting, Gathering, and/or Collection of
Timber or Other Products. — The penalty of prision correccional in its
medium period and a fine of five (5) times the minimum single forest
charge on such timber and other forest products in addition to the
confiscation of the same products, machineries, equipments, implements
and tools used in the commission of such offense; and the forfeiture of
improvements introduced thereon, in favor of the Government, shall be
imposed upon any individual, corporation, partnership, or association
who shall, without permit from the Director, occupy or use or cut,
gather, collect, or remove timber or other forest products from any
public forest, proclaimed timberland, municipal or city forest, grazing
land, reforestation project, forest reserve of whatever character;
alienable or disposable land; Provided, that if the offender is a
corporation, partnership or association, the officers thereof shall be
liable. chanroblesvirtualawlibrary
The same penalty above shall also be imposed on any licensee or
concessionaire who cuts timber from the license or concession of
another without prejudice to the cancellation of his license or
concession, as well as his perpetual disqualification from acquiring
another such license or concession.
Section 70. Pasturing Livestock. — The penalty of
prision correccional in its minimum period and a fine of ten (10) times
the regular rentals due in addition to the confiscation of such
livestock and all improvements introduced therein in favor of the
Government, shall be imposed upon any individual, corporation,
partnership or association who shall, without permit or lease from the
Director, graze or cause to graze livestock in the public forest,
proclaimed timberland, municipal or city forest reserve of whatever
character, declared alienable or disposable land which have not as yet
been disposed of in accordance with the Public Land Act; Provided, that
in case the offender is a corporation, partnership or association, the
officers thereof shall be liable.
Section 71. Survey by Unauthorized Person. — The
penalty of prision correccional in its medium period in addition to the
confiscation of the implements used in violation of this Section
including the cancellation of the license, if any, shall be imposed
upon any person who shall, without permit to survey from the Director,
enter the public forest, proclaimed timberland, municipal or city
forest and pasture, reforestation project, national park and forest
reserve to conduct or undertake survey for whatever purpose.
Section 72. Misclassification and Survey by
Government Official or Employee. — Any public officer or employee who
shall knowingly survey, classify, or recommend the release of public
forest lands as alienable or disposable contrary to the criteria and
standards established in the Code, or the regulations promulgated
thereunder, shall, in addition to the nullification of such survey,
classification or release, be dismissed from the service with prejudice
to re-employment and shall suffer an imprisonment of not less than one
(1) year and a fine of not less than one thousand pesos
(P1,000.00). chanroblesvirtualawlibrary
Section 73. Tax Declaration on Real Property. — The
penalty of prision correccional in its medium period and perpetual
disqualification from holding an elective or appointive office, shall
be imposed upon any public officer or employee who shall issue a tax
declaration on real property without a certification from the Director
and the Director of Lands or their duly designated representative that
the area declared for taxation is alienable or disposable land, except
when such lands are titled or have been occupied and possessed by
members of the national cultural communities prior to July 4, 1955.
Section 74. Coercion and Influence. — Any person who
coerces, influences, abets, or persuades the public officer or employee
referred to in the next preceding Section to commit any of the acts
therein mentioned shall suffer an imprisonment of not less than one (1)
year and a fine of five hundred (P500.00) pesos for every hectare or a
fraction thereof so improperly surveyed, classified or released.
Section 75. Unlawful Occupation of Public Forest or
Destruction of Forest Reserve. — It shall be unlawful for any person
who, having no prior written permission from the Director or his duly
authorized representative, shall wilfully enter and occupy or possess
for his own private use or for others any public forest, reforestation
project, forest reserve of whatever character or municipal/city pasture
or forest, or in any manner destroy such forest or part thereof, or to
cause any damage to the timber stand and other forest products and
forest growths found therein, or to assist,d or abet any other person
to do so. It shall be unlawful for any person to set or to negligently
permit a fire which has been set upon his own premises or lands under
his jurisdiction or occupied by him, to be communicated to any public
forest hereinabove described. It shall further be unlawful for any
person or association to occupy or use any part of the public forest
without permit or lease as herein required, or cause damage to the
forest or the resources found therein. chanroblesvirtualawlibrary
Any person or association of persons found to have committed any of the
aforesaid acts shall be fined not less than five hundred (P500.00)
pesos and imprisoned for not less than six (6) months for each offense;
and shall likewise be liable to the payment of ten (10) times the
rental and other charges now or hereafter provided for by regulations
corresponding to the nature of use and the period that such area is
illegally occupied; except that in cases falling under Sections 80 and
81 hereof, the penalty provided therein shall be imposed and no other
regardless of whether the entry, occupation and utilization of the area
was made before the completion of the initial forest occupancy. In all
cases falling under this Section the Court shall upon conviction, 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,
equipments and improvements shall be sold at public auction, the
proceeds of which shall accrue to the Research and Development Fund of
the Bureau.
Section 76. Unlawful Possession of Implements and
Devices Used by Forest Officers. — The penalty of prision correccional
in its medium period and a fine of not less than one thousand
(P1,000.00) pesos in addition to the confiscation of such implements
and devices, and the automatic cancellation of the forestry permit,
lease or license, if the offender is a holder thereof, shall be imposed
upon any individual, corporation, partnership or association who shall,
without authority from the Director or his authorized representative,
cut, make, manufacture, or have in his possession any government
marking hatchet or other marking implements, or any mark, poster, or
other device officially used by officers of the Bureau for the marking
or identification of timber or other products, or any duplicate,
counterfeit, or imitation thereof, or make or apply a government mark
on timber or any other forest products by means of any authentic or
counterfeit government marking hatchet, implement, mark, poster or
other device, or alter, deface, or remove government marks, or signs,
from trees, logs, stumps, firewoods or other forest products, or
destroy , deface, remove, or disfigure any such mark, sign, poster or
warning notices set by the Bureau to designate the boundaries of
cutting areas, municipal or city forest or pasture, classified timber
land, forest reserve, national park, to make any false mark or
imitation of any mark or sign herein indicated; Provided, however, that
if the offender is a corporation, partnership or association, the
officer thereof shall be liable.
Section 77. Fraud in the Kind, Quality and
Measurement of Logs, Lumber and other Processed Wood Products Offered
for Sale. — It shall be unlawful to sell or offer for sale any log,
lumber, plywood or other manufactured wood product in the international
or domestic market except in accordance with grading rules established
or to be established by the Government.
Failure to adhere to the established grading rules and standards or any
act of falsification of the volume of logs, lumber, or other forest
products shall be a sufficient cause for the suspension of the export,
sawmill, or other license or permit authorizing the manufacture or sale
of such products for a period of not less than two (2) years.
It is further provided that every dealer in lumber and other building
materials covered by this Code is under obligation to issue an invoice
for each transaction or sale of such material and state on each invoice
that the kind, standard and size of material sold to each purchaser is
exactly the same as described in the invoice. Any violation of this
Section shall be sufficient ground for the suspension of the dealer's
license for a period of not less than two (2) years and in addition
thereto, shall be punished for each such offense by a fine of not less
than two hundred pesos (P200.00) or the total value of the invoice,
whichever is greater.
Duly accredited representatives of the Bureau shall certify as to be
the compliance with grading rules by the licensees.
In case the offense of fraud is wilfully committed by a government
official or employee, he shall, in addition to the above penalties be
dismissed from office and permanently disqualified from holding any
elective or appointive position.
Section 78. Payment, Collection and Remittance of
Forest Charges. — Any individual, corporation, partnership or
association who shall fail to pay the amount already due and payable
under the provisions of this Code or rules and regulations promulgated
thereunder, shall be liable for the payment of a surcharge of twenty
five per centum (25%) of the amount due and payable. Failure to pay the
amount due, including surcharges thereof, within sixty (60) days after
the same has become due and payable, shall be a sufficient cause for
the suspension or cancellation of the license, lease, permit or timber
sales contract and forfeiture of the corresponding bond deposit of the
licensee, lessee, permittee or sales contractor.
Any person who fails or refuses to remit to the proper authorities said
forest charges collectible pursuant to the provisions of this Code, or
who delays, obstructs or prevents the same, or who orders, causes or
effects the transfer or diversion of the funds for purposes other than
those specified in this Code, for each such offense shall, upon
conviction, be punished by a fine of not exceeding one hundred thousand
pesos (P100,000.00) and/or imprisonment for a period not exceeding six
(6) years in the discretion of the Court. If the offender is a
government official or employee, he shall, in addition, be dismissed
from the service with prejudice to reinstatement and with
disqualification from holding any elective or appointive office.
If the offender is a corporation, partnership or association, the
officers thereof shall be liable.
Section 79. National Park System. — Any person who
knowingly or deliberately violates any provision of Section 20 of this
Code, or regulations promulgated thereunder or shall, without permit,
where the same is required, occupy for any length of time any portion
of the areas in 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 or natural beauty or of scenic value within
areas in the national park system, shall be liable to a fine of not
less than two hundred (P200.00) pesos or more than five hundred pesos
(P500.00) exclusive of the value of the thing damaged; Provided, that
if the area requires rehabilitation or restoration as determined by the
Director, the violator shall also be required to restore or compensate
for restoration of the damage; Provided, further, that any person who,
without proper permit shall hunt, capture, or kill any kind of bird,
fish or wild animals life within any area in the national park system
shall be subject to the same penalty as heretofore mentioned. In case
of a company or corporation, the president or manager shall be directly
responsible and liable for the act of his employees or laborers; and
that the Court shall, upon conviction, order the eviction of the
offender from the land and that all timber or any species of vegetation
and other natural resources collected or removed or any construction or
improvement made thereon by the offender shall be forfeited in favor of
the Government.
In the event an official 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 fines collected shall
accrue to such municipality or city for the development of local parks.
Section 80. Wildlife Resources. — Any person
violating the provisions of Section 31 of this Code, or the regulations
promulgated thereunder, shall be fined not less than one hundred pesos
(P100.00) for each such violation and in addition shall be denied a
permit for a period of three (3) years from the date of that
violation. chanroblesvirtualawlibrary
Section 81. Kaingin. — Any person or association of
persons who violates the provisions of Section 34 of this Code, or the
regulations promulgated thereunder, or encourages, abets or knowingly
permits, through negligence, inaction or positive action, encroachment
or unauthorized occupancy of the public forests shall, upon conviction,
be imprisoned for a period of not less than one (1) year, without
prejudice to the payment of the full cost of restoration of the
occupation area as determined by the Bureau. The offender shall
thereafter be evicted from the premises and all improvements thereon
shall be confiscated and forfeited in favor of the
Government. chanroblesvirtualawlibrary
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 from holding any elective or
appointive position.
ARTICLE XI
GENERAL PROVISIONS
Section 82. Words and Phrases Defined. — As used in
this Code:cralaw:red
(a) "Timber or Forest Land" refers to that portion
of the public domain, characterized by a predominant growth of trees or
wood species, including nipa, mangrove and other swamps, which has been
delimited, classified and declared as such; the phrase includes all
lands of the public domain not otherwise classified as agricultural or
alienable, industrial or commercial, residential, resettlement, mineral
or grazing land.
(b) "Public Forest" synonymous to "timber or forest
land".
(c) "Permanent Forest" or "Forest Reserve" refers to
forest or timber land so delimited, classified and proclaimed for
forest uses, the boundaries of which cannot be modified nor altered
except to conform with subsequent precise surveys but not to exclude
any portion thereof, and upon approval of the President. chanroblesvirtualawlibrary
(d) "National Park" refers to any portion of the
public domain, essentially of primitive or wilderness character which,
by Presidential proclamation, 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 these features in such a manner as will
leave them unimpaired for future generations. chanroblesvirtualawlibrary
(e) "Game Refuge and Bird Sanctuary" refers to an
area designated for the protection of game animals, birds and fish
which is closed to hunting and fishing in order that the excess
population may flow out and restock surrounding areas and all
disturbances are limited particularly to those of man-made origin.
(f) "Reforestation Project" refers to any portion of
the public domain which is essentially openland needing reforestation
or aforestation and declared as such by the Department Head.
(g) "Marine Park" refers to any off-shore area
inhabited by rare and unique species of marine flora and fauna.
(h) "Grazing Land" refers to that portion of the
public domain characterized by a predominant growth of grass species
suitable for domestic and wild-animal feeds.
(i) "Range Land" is synonymous to "grazing land".
(j) "Alienable or Disposable Land" is that portion
of the public domain certified by the Director as not needed for
forestry purposes and not required by public interest to be retained
under cover and declared as such by the Department Head.
(k) "Working Unit" refers to the primary unit of
forest management, with well-defined boundaries usually based on
topography, sufficient to support the predetermined wood requirement of
dependent industries or communities on a sustained-yield basis.
(l) "Forest Product" means timber, pulpwood,
firewood, bark, tree top, resin, gum, wood oil, 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 public forest, national park, game refuge and
bird sanctuary, and other such areas.
(m) "Multiple-Use" means the protection, development
and management of all the resource values of the public forest in the
combination that best contributes to the long term socio-economic
development. Use of some of the land and its resources for such single
or limited uses as national parks, forest recreation areas or protected
watersheds is an accepted part of multiple-use but only when such uses
or services cannot be provided in combination with other uses.
(n) "Sustained-Yield" implies continuous or periodic
production of its product with them 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 equally applicable to the water, grass, wildlife, and other
renewable resources of the forest.
(o) "Timber", when used for purposes of collecting
forest charges or fees, refers to any piece of wood having an average
diameter of at least 15 centimeters and at least 1.5 meters long.
(p) "License, Lease or Permit" refers to a written
authority granted by the Director or Department Head to any qualified
person or entity for the cutting, removal and utilization of forest
products or for the occupancy and use of a particular portion of the
public forest. The term "license" or "lease" is synonymous to "license
agreement" or "lease agreement."
(q) "Management Plan" refers to the written
guideline for the proper and systematic conservation, utilization,
management and development of timber and other forest resources of a
specific forest area.
(r) "Ecosystem" means the ecological community
considered together with non-living factors and its environment as a
unit. chanroblesvirtualawlibrary
(s) "Forest Officer" means any official or employee
of the Bureau who, by the nature of his appointment or the functions of
the position to which he is appointed, is 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.
(t) "Processing Plant" as used in this Code is any
mechanical set-up, machine or combination of machines used for the
processing of logs and other forest raw materials into lumber, veneer,
plywood, wallboard, blackboard, paper board, paper or similar finished
products. The term "processing plant" includes circular sawmill, band
sawmill, pulp and paper mill, veneer plant, plywood plant, wallboard
plant and blackboard plant.
(u) "Private Right" as used in this Code, shall mean
or refer to rights of ownership under existing laws and in the case of
primitive tribes, 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 excludes
production forest inclusive of logged over areas, commercial forests
and established plantations of forest trees and trees of economic value.
(v) "Primitive Tribe" is a group of endemic tribe
living primitively as a distinct portion of a people from a common
ancestor. chanroblesvirtualawlibrary
(w) "Mainroad" means that principal haul road between
the nearest national or provincial road and/or the log pond or
manufacturing plant of the licensee and the most distant points or
points of the license area or a point of connection with the main road
of adjacent licensee as may be prescribed by the Director. chanroblesvirtualawlibrary
Section 83. Separability Clause. — Should any
provision herein be subsequently declared unconstitutional, the same
shall not affect the validity or the legality of the other provisions.
Section 84. Implementing Clause. — The Department
Head is hereby authorized to create such number of positions and
appoint the corresponding personnel, as well as fix their compensation,
as may be necessary to install the reorganized agency under this Code.
There is hereby appropriated out of the General Fund of the National
Treasury not otherwise appropriated such amount corresponding to the
salaries of the personnel to be appointed under this provision. Such
appropriation shall include the necessary amount to cover the cost of
suitable uniforms to be required of forest officers, and to be given as
annual uniform allowance.
He shall promulgate such rules and regulations for the effective
implementation of the provisions of this Code.
Section 85. Repealing Clause. — All laws, orders,
rules and regulations or any part thereof which are inconsistent
herewith are hereby repealed accordingly.
Section 86. Date of Effectivity. — This Code shall
take effect immediately upon promulgation thereof.
Done in the City of Manila,
this 5th day of February, in the year of Our Lord, nineteen hundred and
seventy-four.
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