WHEREAS,
the continuous management, development and utilization of the forest
resources are indispensable to the economic development of the country
and social well-being of the Filipino people;chanroblesvirtualawlibrary
WHEREAS, scientific forest management, rational development and
vigilant protection are essential to the continuous productivity and
economic utilization of these resources;chanroblesvirtualawlibrary
WHEREAS, Government efforts in the scientific treatment of these
forests have been invariably inadequate and inappropriate to cope with
the accelerating rate of utilization, resulting in the increasing
hectarage of unproductive forests and eroded lands, decreasing areas of
commercial forests and rising incidence of damaged water-sheds, ravaged
wildlife sanctuaries, and abused grazing lands;chanroblesvirtualawlibrary
WHEREAS, if this critical trend continues unabated and unless forest
management, development, and protection methodologies are improved
through intensified forest biological and economic research, it is
inevitable that these valuable resources will no longer be able to meet
the increasing demands of the growing population and the country's
economic development needs;chanroblesvirtualawlibrary
WHEREAS, the root cause of this situation is the grave inadequacy of
forest research which is the basis for forest management, development
and protection practices;chanroblesvirtualawlibrary
WHEREAS, the current accelerated wood utilization research should be
properly accompanied by an equally aggressive forest production and
harvesting research in order to attain a balance necessary for the
forest resource to contribute its maximum share to the economic
development of the country;chanroblesvirtualawlibrary
WHEREAS, in order to initiate and maintain an effective research
program attuned to the needs of forest management, production and
protection, it is necessary to set up a semi-autonomous organization
free from the administrative complexities of bureaucratic
agencies. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order:cralaw:red
Section 1. A Forest Research Institute, hereinafter
referred to as FORI is hereby created in the Department of Natural
Resources to integrate and to conduct forest production and harvesting
researches all over the country in line with national forestry research
program developed by the Philippine Council for Agricultural Research
(PCAR); Provided, That policy-oriented economic research of the Bureau
of Forest Development shall remain with the said Bureau.
Section 2. All forest research functions of the
Bureau of Forest Development, including applicable appropriations,
records, equipment, property and qualified personnel, except the
economic and organization researches being conducted by it for the
purposes of planning, programming and policy formulation, are hereby
transferred to the FORI. In order to avoid jurisdictional conflict in
the conduct of field research the FORI and the Bureau of Forest
Development shall draw up a memorandum of agreement regarding working
arrangements and other conditions as may be necessary to ensure the
smooth operation and implementation of forest research programs.
Section 3. There is hereby created a Board of
Trustees, hereinafter referred to as Board, which shall be the
policy-making and governing body of the FORI, to be composed of:cralaw:red
a. Secretary of Natural Resources
Chairman
b. Director General, Philippine Council
for Agricultural Research Member
c. Director, Bureau of Forest
Development Member
d. Dean, U.P. College of Forestry
Member
f. President, Philippine Forest Research
Society Member
g. Director, Forestry Research Division,
Philippine Council for Agricultural
Research Member
h. Two (2) representatives of the
Forestry Sector who shall be
appointed by the Secretary of
Natural Resources, upon
recommendation of the wood industry
association Member
Section 4. The Board shall meet before the end of
each fiscal year to deliberate and approve the ensuing year's research
and budgetary programs. It may also meet anytime upon call by the
Chairman to deliberate on urgent matters, including, but not limited
to, the consideration of appointments of personnel, policy changes and
matters requiring immediate attention.
Section 5. The Board is hereby authorized to
formulate appropriate rules and regulations governing the operations of
FORI, including the staffing and the remunerations or compensation of
its officers and employees. It is likewise authorized to construct the
necessary research and office buildings and facilities and to acquire
or purchase the necessary site or equipment. chanroblesvirtualawlibrary
Section 6. The Board shall establish, for the
efficient and effective implementation of the research programs of the
FORI, at least five (5) Forest Experiment Stations or Regional Research
Centers the location of which shall be representative of each climatic
type.
Section 7. The FORI shall be headed by a Director,
who shall be assisted by an Assistant Director. The Director of the
PCAR Forestry Research Division shall be the ex-officio Director of the
FORI.
The Assistant Director shall be appointed by the Board and must have
the following qualifications: chanroblesvirtualawlibrary
a. A natural-born citizen of the Philippines;chanroblesvirtualawlibrary
b. A holder of at least a Master of Science in
Forestry degree or its equivalent in experience as determined by the
Board; chanroblesvirtualawlibrary
c. Has at least ten (10) years experience in
Forestry research and administration.
Section 8. The Director shall be charged with all the
administrative and supervisory functions of the FORI, as well as the
implementation of the policies and programs adopted by the Board.
Section 9. The Director shall, except as otherwise
provided for herein, appoint the officers and employees of the FORI,
subject to the approval of the Board: Provided, that priority
shall be given to qualified personnel of the Bureau of Forest
Development.
Section 10. The Director may, with the approval of
the Board, create as many divisions and sections in such divisions as
may be necessary. He shall recommend to the Board the establishment of
additional experiment stations or research centers as may be required
in carrying out effectively its research program.
Section 11. Aside from general appropriations as may
be provided by law, there shall be collected the amount of P1.00 for
every cubic meter of timber cut for commercial purposes inside public
forests and other forested lands to be used or expended strictly for
forest research under the FORI in accordance with the provisions of
this Decree, and the policies and research and budgetary programs
adopted by the Board. The amount shall be collected by the Bureau of
Forest Development which shall remit to the National Treasury its
monthly collection to form a Special Fund from which 90% shall be
credited to the account of FORI and 10% to the Bureau of Forest
Development to maintain the latter's policy-oriented and economic
researches: Provided that the imposition of this amount shall commence
only after Forestry Administrative Order No. 64, series of 1972, shall
have been revoked or superseded by law or subsequent order. chanroblesvirtualawlibrary
Section 12. The Board shall promulgate such rules,
regulations, definitions and instructions for the effective
implementation of the provisions of this Decree.
Section 13. Should any of the provisions herein be
subsequently declared unconstitutional, the same shall not affect the
validity or legality of the other provisions.
Section 14. All laws, decrees, orders, rules, and
regulations, or any part thereof which are inconsistent herewith are
hereby revoked or amended accordingly.
Section 15. This Decree shall take effect upon
approval. chanroblesvirtualawlibrary
DONE in the City of Manila,
this 18th day of December, in the year of Our Lord, nineteen hundred
and seventy-four.
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