A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 705
PRESIDENTIAL DECREE NO. 705 -
REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE FORESTRY
REFORM CODE OF THE PHILIPPINES
|
chanroblesvirtualawlibrary
WHEREAS,
proper classification, management and utilization of the lands of the
public domain to maximize their productivity to meet the demands of our
increasing population is urgently needed;chanroblesvirtualawlibrary
WHEREAS, to achieve the above purpose, it is necessary to reassess the
multiple uses of forest lands and resources before allowing any
utilization thereof to optimize the benefits that can be derived
therefrom; chanroblesvirtualawlibrary
WHEREAS, it is also imperative to place emphasis not only on the
utilization thereof but more so on the protection, rehabilitation and
development of forest lands, in order to ensure the continuity of their
productive condition;chanroblesvirtualawlibrary
WHEREAS, the present laws and regulations governing forest lands are
not responsive enough to support re-oriented government programs,
projects and efforts on the proper classification and delimitation of
the lands of the public domain, and the management, utilization,
protection, rehabilitation, and development of forest lands;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution, do hereby
revise Presidential Decree No. 389 to read as follows:cralaw:red
Section 1. Title of this Code. — This decree shall be
known as the "Revised Forestry Code of the Philippines."
Section 2. Policies. — The State hereby adopts the
following policies:cralaw:red
a) The multiple uses of forest lands shall be
oriented to the development and progress requirements of the country,
the advancement of science and technology, and the public welfare;chanroblesvirtualawlibrary
b) Land classification and survey shall be
systematized and hastened;chanroblesvirtualawlibrary
c) The establishment of wood-processing plants shall
be encouraged and rationalized; and
d) The protection, development and rehabilitation of
forest lands shall be emphasized so as to ensure their continuity in
productive condition.
Section 3. Definitions. —chanroblesvirtualawlibrary
a) Public forest is the mass of lands of the public
domain which has not been the subject of the present system of
classification for the determination of which lands are needed for
forest purposes and which are not. chanroblesvirtualawlibrary
b) Permanent forest or forest reserves refer to those
lands of the public domain which have been the subject of the present
system of classification and determined to be needed for forest
purposes.
c) Alienable and disposable lands refer to those
lands of the public domain which have been the subject of the present
system of classification and declared as not needed for forest purposes.
d) Forest lands include the public forest, the
permanent forest or forest reserves, and forest reservations.
e) Grazing land refers to that portion of the public
domain which has been set aside, in view of the suitability of its
topography and vegetation, for the raising of livestock.
f) Mineral lands refer to those lands of the public
domain which have been classified as such by the Secretary of Natural
Resources in accordance with prescribed and approved criteria,
guidelines and procedure.
g) Forest reservations refer to forest lands which
have been reserved by the President of the Philippines for any specific
purpose or purposes.
h) National park refers to a forest land reservation
essentially of primitive or wilderness character which has been
withdrawn from settlement or occupancy and set aside as such
exclusively to preserve the scenery, the natural and historic objects
and the wild animals or plants therein, and to provide enjoyment of
these features in such a manner as will leave them unimpaired for
future generations.
i) Game refuge or bird sanctuary refers to a forest
land designated for the protection of game animals, birds and fish and
closed to hunting and fishing in order that the excess population may
flow and restock surrounding areas.
j) Marine parks refers to any off-shore area
inhabited by rare and unique species of marine flora and fauna.
k) Seashore park refers to any public shore area
delimited for outdoor recreation, sports fishing, water skiing and
related healthful activities.
l) Watershed reservation is a forest land reservation
established to protect or improve the conditions of the water yield
thereof or reduce sedimentation.
m) Watershed is a land area drained by a stream or
fixed body of water and its tributaries having a common outlet for
surface run-off.
n) Critical watershed is a drainage area of a river
system supporting existing and proposed hydro-electric power and
irrigation works needing immediate rehabilitation as it is being
subjected to a fast denudation causing accelerated erosion and
destructive floods. It is closed from logging until it is fully
rehabilitated.
o) Mangrove is a term applied to the type of forest
occurring on tidal flat along the sea coast, extending along streams
where the water is brackish.
p) Kaingin is a portion of the forest land, whether
occupied or not, which is subjected to shifting and/or permanent
slash-and-burn cultivation having little or no provision to prevent
soil erosion.
q) Forest product means timber, pulpwood, firewood,
bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or
other forest growth such as grass, shrub, and flowering plant, the
associated water, fish, game, scenic, historical, recreational and
geologic resources in forest lands.
r) Dipterocarp forest is a forest dominated by trees
of the dipterocarp species, such as red lauan, tengile, tiaong, white
lauan, almon, bagtikan and mayapis of the Philippine mahogany group,
apitong and the yakals. chanroblesvirtualawlibrary
s) Pine forest is a forest composed of the Benguet
Pine in the Mountain Provinces or the Mindoro pine in Mindoro and
Zambales provinces.
t) Industrial tree plantation is any tract of
forest land purposely and extensively planted to timber crops primarily
to supply the raw material requirements of existing or proposed
processing plants and related industries.
u) Tree farm refers to any tract of forest land
purposely and extensively planted to trees of economic value for their
fruits, flowers, leaves, barks, or extractives, but not for the wood
thereof.
v) Multiple-use is the harmonized utilization of the
numerous beneficial uses of the land, soil, water, wildlife, recreation
value, grass and timber of forest lands.
w) Selective logging means the systematic removal of
the mature, over-mature and defective trees in such manner as to leave
adequate number and volume of healthy residual trees of the
desired species necessary to assure a future crop of timber, and forest
cover for the protection and conservation of soil and water.
x) Seed tree system is partial clearcutting with seed
trees left to regenerate the area.
y) Healthy residual is a sound or slightly injured
tree of the commercial species left after logging.
z) Sustained-yield management implies continuous or
periodic production of forest products in a working unit with thed of
achieving at the earliest practicable time an approximate balance
between growth and harvest or use. This is generally applied to the
commercial timber resources and is also applicable to the water, grass,
wildlife, and other renewable resources of the forest. chanroblesvirtualawlibrary
aa) Processing plant is any mechanical set-up,
machine or combination of machine used for the processing of logs and
other forest raw materials into lumber, veneer, plywood, wallboard,
block-board, paper board, pulp, paper or other finished wood products.
bb) Lease is a privilege granted by the State to a
person to occupy and possess, in consideration of a specified rental,
any forest land of the public domain in order to undertake any
authorized activity therein.
cc) License is a privilege granted by the State to a
person to utilize forest resources as in any forest land, without any
right of occupation and possession over the same, to the exclusion of
others, or establish and operate a wood-processing plant, or conduct
any activity involving the utilization of any forest resources.
dd) License agreement is a privilege granted by the
State to a person to utilize forest resources within any forest land
with the right of possession and occupation thereof to the exclusion of
others, except the government, but with the corresponding obligation to
develop, protect and rehabilitate the same in accordance with the terms
and conditions set forth in said agreement.
ee) Permit is a short-term privilege or authority
granted by the State to a person to utilize any limited forest
resources or undertake a limited activity with any forest land without
any right of occupation and possession therein.
ff) Annual allowable cut is the volume of materials,
whether of wood or other forest products, that is authorized to be cut
regularly from the forest.
gg) Cutting cycle is the number of years between
major harvests in the same working unit and/or region, within a
rotation.
hh) Ecosystem means the ecological community
considered together with non-living factors and its environment as a
unit.
ii) Silviculture is the establishment, development
reproduction and care of forest trees.
jj) Rationalization is the organization of a business
or industry using scientific business management principles and
simplified procedures to obtain greater efficiency of operation.
kk) Forest officer means any official or employee of
the Bureau who, by the nature of his appointment or the function 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.
ll) Primitive tribe is a group of endemic tribe
living primitively as a distinct portion of a people from a common
ancestor.
mm) Private right means or refers to titled 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.
nn) Person includes natural as well as juridical
person.
CHAPTER I
Organization and Jurisdiction of the Bureau
Section 4. Creation of, and merger of all forestry
agencies into, the Bureau of Forest Development. — For the purpose of
implementing the provisions of this Code, the Bureau of Forestry, the
Reforestation Administration, the Southern Cebu Reforestation
Development Project, and the Parks and Wildlife Office, 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 the Bureau.
Section 5. Jurisdiction of Bureau. — The Bureau shall
have jurisdiction and authority over all forest land, grazing lands,
and all forest reservations including watershed reservations presently
administered by other government agencies or instrumentalities. chanroblesvirtualawlibrary
It shall be responsible for the protection, development, management,
regeneration, and reforestation of forest lands; the regulation and
supervision of the operation of licensees, lessees and permittees for
the taking or use of forest products therefrom or the occupancy or use
thereof; the implementation of multiple use and sustained yield
management in forest lands; the protection, development and
preservation of national parks, marine parks, game refuges and
wildlife; the implementation of measures and programs to prevent
kaingin and managed occupancy of forest and grazing lands; in
collaboration with other bureaus, the effective, efficient and economic
classification of lands of the public domain; and the enforcement
of forestry, reforestation, parks, game and wildlife laws, rules, and
regulations.
The Bureau shall regulate the establishment and operation of sawmills,
veneer and plywood mills and other wood processing plants and conduct
studies of domestic and world markets of forest products.
Section 6. Director and Assistant Director and their
qualifications. — The Bureau shall be headed by a Director, who shall
be assisted by one or more Assistant Directors. The Director and
Assistant Directors shall be appointed by the President.
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 a Bachelor's Degree in Forestry
or its equivalent, and a registered forester.
Section 7. Supervision and Control. — The Bureau
shall be directly under the control and supervision of the Secretary of
the Department of Natural Resources, hereinafter referred to as the
Department Head.
Section 8. Review. — All actions and decisions of the
Director are subject to review, motu propio or upon appeal of any
person aggrieved thereby, by the Department Head whose decision shall
be final and executory after the lapse of thirty (30) days from receipt
by the aggrieved party of said decision, unless appealed to the
President in accordance with the Executive Order No. 19, series of
1966. The Decision of the Department Head may not be reviewed by the
courts except through a special civil action for certiorari or
prohibition.
Section 9. Rules and Regulations. — The Department
Head, upon the recommendation of the Director of Forest Development,
shall promulgate the rules and regulations necessary to implement
effectively the provisions of this Code.
Section 10. Creation of Functional Divisions, and
Regional and District Offices. — All positions in the merged agencies
are considered vacant. Present occupants may be appointed in accordance
with a staffing pattern or plan of organization to be prepared by the
Director and 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 filed by any other
qualified applicant.
For the efficient and effective implementation of the program of the
Bureau, the following divisions and sections are hereby created, to
wit: chanroblesvirtualawlibrary
Divisions Sections
Planning and Evaluation Program
Planning;
Division Performance Evaluation;
Forest Economics;
Management Analysis
Data & Information.
Administrative Division Personnel;
Budget;
Accounting;
Information;
General Services.
Legal Division
Reforestation and Cooperative
Planting;
Afforestation Division Planting
Stock Production;
Plantation Management.
Timber Management Division Forest
Surveys, Data &
Mapping;
Sulviculture;
Timber Inventory &
Photo-Interpretation;
Timber Management Plans;
Land Classification.
Utilization Division Timber
Operations;
Land Uses;
Utilization.
Forest Protection and Forest
Protection;
Infrastructure Forest Occupancy
Management;
Watershed Management;
Infrastructure.
Parks, Wildlife Parks Management;
Division Recreation Management;
Wildlife Management;
Range Management.
Security and Intelligence
Division
Forest Development Technical
Training;
Training Center Non-Technical
Training.
The Department Head may, upon recommendation of the Director,
reorganize or create such other divisions, sections of units as may be
deemed necessary and to appoint the personnel there: Provided, That an
employee appointed or designated as officer-in-charge of a newly
created division, section or unit, or to an existing vacant position
with a higher salary, shall receive, from the date of such appointment
or designation until he is replaced or reverted to his original
position, the salary corresponding to the position temporarily held by
him. chanroblesvirtualawlibrary
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, the
provisions of any law to the contrary notwithstanding: Provided, That
the boundaries of such districts shall follow, whenever possible,
natural boundaries of watersheds under the river-basin concept of
management.
Section 11. Manpower Development. — The Bureau shall
establish and operate an in-service training center for the purpose of
upgrading and training its personnel and new employees.
The Bureau shall also set aside adequate funds to enable personnel to
obtain special education and training in local or foreign colleges or
institutions. chanroblesvirtualawlibrary
Section 12. Performance Evaluation. — The Bureau
shall devise a system, to be approved by the Department Head, to
evaluate the performance of its employees. 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 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 necessary for annual progress
reports and determination of employee training civil service awards and
transfer or disciplinary action.
CHAPTER II
Classification and Surveys
Section 13. System of Land Classification. — The
Department Head shall study, devise, determine and prescribe the
criteria, guidelines and methods for the proper and accurate
classification and survey of all lands of the public domain into
agricultural, industrial or commercial, residential, resettlement,
mineral, timber or forest, and grazing lands, and into such other
classes as now or may hereafter be provided by law, rules and
regulations.
In the meantime, the Department Head shall simplify through
inter-bureau action the present system of determining which of the
unclassified lands of the public domain are needed for forest purposes
and declare them as permanent forest to form part of the forest
reserves. He shall decree those classified and determined not to be
needed for forest purposes as alienable and disposable lands, the
administrative jurisdiction and management of which shall be
transferred to the Bureau of Lands: Provided, That mangrove and
other swamps not needed for shore protection and suitable for fishpond
purposes shall be released to, and be placed under the administrative
jurisdiction and management of, the Bureau of Fisheries and Aquatic
Resources. Those still to be classified under the Present system shall
continue to remain as part of the public forest.
Section 14. Existing Pasture Leases and Permits in
Forest Lands. — Forest lands which have been the subject of pasture
leases and permits shall remain classified as forest lands until
classified as grazing lands under the criteria, guidelines and methods
of classification to be prescribed by the Department Head: Provided,
That the administration, management and disposition of grazing lands
shall remain under the Bureau. chanroblesvirtualawlibrary
Section 15. Topography. — No land of the public
domain eighteen per cent (18%) in slope or over shall be classified as
alienable and disposable, nor any forest land fifty per cent (50%) in
slope or over, as grazing land.
Lands eighteen per cent (18%) in slope or over which have already been
declared as alienable and disposable shall be reverted to the
classification of forest lands by the Department Head, to form part of
the forest reserves, unless they are already covered by existing titles
or approved public land application, or actually occupied openly,
continuously, adversely and publicly for a period of not less than
thirty (30) years as of the effectivity of this Code, where the
occupant is qualified for a free patent under the Public Land Act:
Provided, That said lands, which are not yet part of a well-established
communities, shall be kept in a vegetative condition sufficient to
prevent erosion and adverse effects on the lowlands and streams:
Provided, further, That when public interest so requires, steps shall
be taken to expropriate, cancel defective titles, reject public land
application, or eject occupants thereof.
Section 16. Areas needed for forest purposes. — The
following lands, even if they are below eighteen per cent (18%) in
slope, are needed for forest purposes, and may not, therefore, be
classified as alienable and disposable land, to wit:cralaw:red
1) Areas less than 250 hectares which are far from,
or are not contiguous with, any certified alienable and disposable land;chanroblesvirtualawlibrary
2) Isolated patches of forest of at least five (5)
hectares with rocky terrain, or which protect a spring for communal
use; chanroblesvirtualawlibrary
3) Areas which have already been reforested;chanroblesvirtualawlibrary
4) Areas within forest concessions which are timbered
or have good residual stocking to support an existing, or approved to
be established, wood processing plant;chanroblesvirtualawlibrary
5) Ridge tops and plateaus regardless of size found
within, or surrounded wholly or partly by, forest lands where
headwaters emanate;chanroblesvirtualawlibrary
6) Appropriately located road-rights-or-way;chanroblesvirtualawlibrary
7) Twenty-meter strips of land along the edge of the
normal high waterline of rivers and streams with channels of at least
five (5) meters wide;chanroblesvirtualawlibrary
8) Strips of mangrove or swamplands at least twenty
(20) meters wide, along shorelines facing oceans, lakes, and other
bodies of water, and strips of land at least twenty (20) meters wide
facing lakes;chanroblesvirtualawlibrary
9) Areas needed for other purposes, such as national
parks, national historical sites, game refuges and wildlife
sanctuaries, forest station sites, and others of public interest; and
10) Areas previously proclaimed by the President as
forest reserves, national parks, game refuge, bird sanctuaries,
national shrines, national historic sites:cralaw:red
Provided, That in case an area falling under any of the foregoing
categories shall have been titled in favor of any person, steps shall
be taken, if public interest so requires, to have said title cancelled
or amended, or the titled area expropriated. chanroblesvirtualawlibrary
Section 17. Establishment of boundaries of forest
lands. — All boundaries between permanent forests and alienable and
disposable lands shall be clearly marked and maintained on the ground,
with infrastructure or roads, or concrete monuments at intervals
of not more than five hundred (500) meters in accordance with
established procedures and standards, or any other visible and
practicable signs to insure protection of the forest.
Section 18. Reservations in forest lands and
off-shore areas. — The President of the Philippines may establish
within any lands of the public domain, forest reserve and forest
reservation for the national park system, for preservation as critical
watersheds, or for any other purpose, and modify boundaries of existing
ones. The Department Head may reserve and establish any portion of the
public forest or forest reserve as site or experimental forest for use
of the Forest Research Institute.
When public interest so requires, any off-shore area needed for the
preservation and protection of its educational, scientific, historical,
ecological and recreational values including the marine life found
therein, shall be established as marine parks.
CHAPTER III
Utilization and Management
Section 19. Multiple use. — The numerous beneficial
uses of the timber, land, soil, water, wildlife, recreation value and
grass of forest lands shall be evaluated and weighted before allowing
the utilization, exploitation, occupation or possession thereof, or the
conduct of any activity therein.
Only the utilization, exploitation, occupation or possession of any
forest land, or any activity therein, involving one or more or its
resources, which will produce the optimum benefits to the development
and progress of the country and the public welfare, without impairment
or with the least injury to its other resources, shall be
allowed. chanroblesvirtualawlibrary
All forest reservations may be open to uses not inconsistent with the
principal objectives of the reservation: Provided, That critical
watersheds and national parks shall not be subject to logging
operations.
Section 20. License agreement, license, lease or
permit. — No person may utilize, exploit, occupy, possess or conduct
any activity within any forest land, or establish and operate any
wood-processing plant, unless he has been authorized to do so under a
license agreement, lease, license, or permit.
Section 21. Sustained yield. — All measures shall be
taken to achieve an approximate balance between growth and harvest or
use of forest products in forest lands.
A. TIMBER
Section 22. Silvicultural and harvesting systems. —
In any logging operations in production forests within forest lands,
the proper silvicultural and harvesting systems that will promote
optimum sustained yield shall be practised.
a) For dipterocarp forest, selective logging shall be
practised.
b) For pine forest, the seed tree system with
planting when necessary shall be practised.
c) For other types of forest, the silvicultural and
harvesting system that will be found suitable by research shall be
applied. Meanwhile, a system based on observation and practices abroad
may be adopted initially.
Any practised system are subject to modification or changes based on
research findings.
Section 23. Timber inventory. — The Bureau shall
conduct a program of progressive inventories of the harvestable timber
and young trees in all forest lands, whether covered by any license
agreement, license, lease or permit, or not, until a one hundred per
cent (100%) timber inventory thereon has been achieved. chanroblesvirtualawlibrary
Section 24. Required inventory prior to timber
utilization in forest lands. — No harvest of timber in any forest land
shall be allowed unless it has been the subject of at least a five per
cent (5%) timber inventory, or any statistically sound timber estimate,
made not earlier than five (5) years prior to the issuance of a license
agreement or license allowing such utilization.
Section 25. Cutting cycle. — The Bureau shall apply
scientific cutting cycle and rotation in all forest lands, giving
particular consideration to the age, volume and kind of healthy
residual trees which may be left undisturbed and undamaged for future
harvest and forest cover indipterocarp area, and seed trees and
reproduction in pine area.
Section 26. Annual allowable cut. — The annual
allowable cut of any particular forest land shall be determined on the
basis of the established rotation and cutting cycle thereof, and the
volume and kind of harvestable timber and healthy residuals, seed trees
and reproduction found therein.
Section 27. Duration of license agreement or license
to harvest timber in forest lands. — The duration of the privilege to
harvest timber in any particular forest land under a license agreement
or license shall be fixed and determined in accordance with the annual
allowable cut therein, the established cutting cycle thereof, the yield
capacity of harvestable timber, and the capacity of healthy residuals
for a second growth.
The privilege shall automatically terminate, even before the expiration
of the license agreement of license, the moment the harvestable timber
have been utilized without leaving any logged-over area capable of
commercial utilization.
The maximum period of any privilege to harvest timber is twenty-five
(25) years, renewable for a period, not exceeding twenty-five (25)
years, necessary to utilize all the remaining commercial quantity or
harvestable timber either from the unlogged or logged-over area.
It shall be a condition for the continued privilege to harvest timber
under any license or license agreement that the licensee shall reforest
all the areas which shall be determined by the Bureau.
Section 28. Size of forest concessions. — Forest
lands shall not be held in perpetuity.
The size of the forest lands which may be the subject of timber
utilization shall be limited to that which a person may effectively
utilize and develop for a period of fifty (50) years, considering the
cutting cycle, the past performance of the applicant and his capacity
not only to utilize but, more importantly, to protect and manage the
whole area, and the requirements of processing plants existing or to be
installed in the region. chanroblesvirtualawlibrary
Forest concessions which had been the subject of consolidations shall
be reviewed and re-evaluated for the effective implementation of
protection, reforestation and management thereof under the multiple use
and sustained yield concepts, and for the processing locally of the
timber resources therefrom.
B. WOOD-PROCESSING
Section 29. Incentives to the wood industry. — The
Department Head, in collaboration with other government agencies and
the wood industry associations and other private entities in the
country, shall evolve incentives for the establishment of an integrated
wood industry in designated wood industry centers and/or economic area.
The President of the Philippines, upon the recommendations of the
National Economic Development Authority and the Department Head, may
establish wood industry import-export centers in selected locations:
Provided, That logs imported for such centers shall be subject to such
precaution as may be imposed by the Bureau, in collaboration with
proper government agencies, to prevent the introduction of pests,
insects and/or diseases detrimental to the forests. chanroblesvirtualawlibrary
Section 30. Rationalization of the wood industry. —
While establishment of wood-processing plants shall be encouraged,
their locations and operations shall be regulated in order to
rationalize the industry. No new processing plant shall be established
unless adequate raw material is available on a sustained-yield basis in
the area where the raw materials will come from.
The Department Head may cancel, suspend, or phase-out all uneconomical
wood-processing plants which are not responsive to the rationalization
program of the government.
Section 31. Wood wastes, weed trees and residues. —
Timber licensees shall be encouraged and assisted to gather and save
the wood wastes and weed trees in their concessions, and those with
processing plants, the wood residues thereof, for utilization and
conversion into wood by-products and derivatives.
Section 32. Log production and processing. — Unless
otherwise decreed by the President, upon recommendation of the National
Economic Development Authority, the entire production of logs by all
licensees shall, beginning January 1, 1976, be processed locally.
A licensee who has no processing plant may, subject to the approval of
the Director, enter into a contract with a wood processor for the
processing of his logs. Wood processors shall accept for processing
only logs cut by, or purchased from, licensees of good standing at the
time of the cutting of logs.
C. REFORESTATION
Section 33. Forest lands to be reforested. — The
following shall be reforested and covered with suitable and sufficient
trees, to wit:cralaw:red
a) Bare or grass-covered tracts of forest lands with
at least fifty per cent (50%) slope;chanroblesvirtualawlibrary
b) Bare or grass-covered tracts of forest lands with
less than fifty per cent (50%) slope, but with soil so highly erodible
as to make grass cover inadequate for soil erosion control;chanroblesvirtualawlibrary
c) Brushlands or tracts of forest lands generally
covered with brush, which need to be developed to increase their
productivity; chanroblesvirtualawlibrary
d) Open tracts of forest lands with slopes or
gradients generally exceeding fifty per cent (50%), interspersed with
patches of forest each of which is less than two hundred fifty (250)
hectares in area;chanroblesvirtualawlibrary
e) Denuded or inadequately-timbered areas proclaimed
by the President as forest reserves and reservations as critical
watersheds, national parks, game refuge, bird sanctuaries, national
shrines, national historic sites;chanroblesvirtualawlibrary
f) Inadequately-stocked forest lands within forest
concessions;chanroblesvirtualawlibrary
g) Portions of areas covered by pasture leases or
permits having a slope of at least fifty per cent (50%); and
h) River banks, easements, road rights-of-ways,
deltas, swamps, former river beds, and beaches.
Section 34. Industrial Tree Plantations and Tree
Farms. — A lease for a period of twenty-five (25) years, renewable for
another period not exceeding twenty-five (25) years, for the
establishment of an industrial tree plantation or a tree farm may be
granted by the Department Head upon recommendation of the Director to
any person qualified to develop and exploit natural resources, over
timber or forest lands of the public domain categorized in Section 33
hereof, with a minimum area of One Thousand (1,000) hectares for
industrial tree plantation and One Hundred (100) hectares for tree
farm; Provided, That the size of the area that may be granted under
each category shall in each case depend upon the capacity of the lessee
to develop or convert the area into productive condition within the
term of the lease; Provided, further, That no lease shall be granted
within critical watersheds.
Scattered areas of less than One Hundred (100) hectares each may be
leased for the establishment of tree farms to different qualified
persons upon a showing that if developed as an integrated unit these
areas can be economically exploited: Provided, That it shall be a
condition of the lease that such persons organize themselves into a
cooperative to ensure the orderly management thereof. chanroblesvirtualawlibrary
The lease may be granted under such terms and conditions as the
Department Head may prescribe, taking into account, among others, the
raw material needs of forest-based industries and the maintenance of a
wholesome ecological balance.
Reforestation projects of the Government, or portions thereof
which, upon field evaluation, are found to be more suitable for, or can
be better developed as, industrial tree plantations or tree farms in
terms of benefits to the Government and the general surrounding area,
may be the subject of the lease under this section.
Section 35. Priority. — Over any suitable area
covered by a timber license agreement, or a pasture lease agreement or
permit, the priority to establish industrial forest plantation or tree
farm shall be given to the holder thereof.
The priority herein granted must, however, be availed of within a
reasonable period to be determined by the Department Head, otherwise,
the area shall be declared open to any qualified person and
consequently segregated from the holder's area.
Section 36. Incentives. — To encourage qualified
persons to engage in industrial tree plantation and/or tree farming,
the following incentives are granted:cralaw:red
a) Payment of a nominal filing fee of fifty centavos
(P0.50) per hectare;chanroblesvirtualawlibrary
b) No rental shall be collected during the first five
(5) years from the date of the lease; from the sixth year to the tenth
year, the annual rental shall be fifty centavos (P0.50) per hectare;
and thereafter, the annual rental shall be one peso (P1.00) per
hectare: Provided, That lessees of areas long denuded as certified by
the Director and approved by the Department Head, shall be exempted
from the payment of rental for the full term of the lease which shall
not exceed twenty-five (25) years; for the first five (5) years
following the renewal of the lease, the annual rental shall be fifty
centavos (P0.50) per hectare; and thereafter, the annual rental shall
be one peso (P1.00) per hectare. chanroblesvirtualawlibrary
c) The lessee shall pay forest charges on the timber
and other forest products grown and cut or gathered in an industrial
tree plantation or tree farm equivalent to six percent (6%) current
market value thereof;chanroblesvirtualawlibrary
d) Sale at cost of seedlings and free technical
advice and assistance to persons who will develop their privately-owned
lands into industrial tree plantation or tree farm;chanroblesvirtualawlibrary
e) Exemption from the payment of the percentage tax
levied in Title V of the National Internal Revenue Code when the timber
and forest products are sold, bartered or exchanged by the lessee
whether in their original state or not;chanroblesvirtualawlibrary
f) The Board of Investments shall, notwithstanding
its nationality requirement on projects involving natural resources,
classify industrial tree plantations and tree farms as pioneer areas of
investment under its annual priority plan, to be governed by the rules
and regulations of said Board. A lessee of an industrial tree
plantation or tree farm may either apply to the Board of Investments
for the tax and other benefits thereunder, or avail of the following
benefits:cralaw:red
1) Amounts expended by a lessee in the development
and operation of an industrial tree plantation or tree farm prior to
the time when the production state is reached, may, at the option of
said lessee, be regarded as ordinary and necessary business expenses or
as capital expenditures; and
2) Deduction from an investor's taxable income for
the year, of an annual investment allowance equivalent to thirty-three
and one-third per cent (33-1/3%) of his actual investment during the
year in an enterprise engaged in industrial tree plantation or tree
farm: Provided, That such investment shall not be withdrawn for a
period of at least ten (10) years from the date of investment:
Provided, further, That should the investment be withdrawn within such
period, a tax equivalent to double the amount of the total income tax
rebate resulting from the investment allowance shall be payable as a
lump sum in addition to the income tax due from the taxpayer for the
year the investment was withdrawn.
g) Except when public interest demands the alteration
or modification, the boundaries of an area covered by an industrial
tree plantation or tree farm lease, once established on the ground,
shall not be altered or modified; and
h) A lessee shall not be subject to any obligation
prescribed in, or arising out of, the provisions of the National
Internal Revenue Code on withholding of tax at source upon interests
paid on borrowings incurred for development and operation of the
industrial tree plantation or tree farm. chanroblesvirtualawlibrary
The Department Head may provide other incentives in addition to those
hereinabove granted to promote industrial tree plantation and tree
farms in special areas such as, but not limited to, those where there
are no roads or where roads are inadequate, or areas with rough
topography and remote areas far from processing plants.
All amounts collected under this section shall accrue to a special
deposit of the Bureau to be used for reforestation of critical
watersheds or degraded areas and other development activities, over and
above the general appropriation of the said Bureau.
D. FOREST PROTECTION
Section 37. Protection of all resources. — All
measures shall be taken to protect the forest resources from
destruction, impairment and depletion.
Section 38. Control of concession area. — In order to
achieve the effective protection of the forest lands and the resources
thereof from illegal entry, unlawful occupation, kaingin, fire, insect
infestation, theft, and other forms of forest destruction, the
utilization of timber therein shall not be allowed except through
license agreements under which the holders thereof shall have the
exclusive privilege to cut all the allowable harvestable timber in
their respective concessions, and the additional right of occupation,
possession, and control over the same, to the exclusive of all others,
except the government, but with the corresponding obligation to adopt
all the protection and conservation measures to ensure the continuity
of the productive condition of said areas, conformably with multiple
use and sustained yield management.
If the holder of a license agreement over a forest area expressly or
impliedly waives the privilege to utilize any softwood, hardwood or
mangrove species therein, a license may be issued to another person for
the harvest thereof without any right of possession or occupation over
the areas where they are found, but he shall, likewise, adopt
protection and conservation measures consistent with those adopted by
the license agreement holder in the said areas.
Section 39. Regulation of timber utilization in all
other classes of lands and of wood-processing plants. — The utilization
of timber in alienable and disposable lands, private lands, civil
reservations, and all lands containing standing or felled timber,
including those under the jurisdiction of other government agencies,
and the establishment and operation of saw-mills and other
wood-processing plants, shall be regulated in order to prevent them
from being used as shelters for excessive and unauthorized harvests in
forest lands, and shall not therefore be allowed except through a
license agreement, license, lease or permit.
Section 40. Timber inventory in other lands
containing standing or felled timber. — The Bureau shall conduct a one
hundred per cent (100%) timber inventory in alienable and disposable
lands and civil reservations immediately upon classification or
reservation thereof.
No harvest of standing or felled timber in alienable and disposable
lands, private lands, civil reservation, and all other lands, including
those under the jurisdiction of other government agencies, shall be
allowed unless a one hundred per cent (100%) timber inventory has been
conducted thereon.
Section 41. Sworn timber inventory reports. — All
reports on timber inventories of forest lands, alienable and disposable
lands, private lands, civil reservations, and all lands containing
standing or felled timber must be subscribed and sworn to by all the
forest officers who conducted the same.
Section 42. Participation in the development of
alienable and disposable lands and civil reservations. — The privilege
to harvest timber in alienable and disposable lands and civil
reservations shall be given to those who can best help in the
delineation and development of such areas in accordance with the
management plan of the appropriate government exercising jurisdiction
over the same. chanroblesvirtualawlibrary
The extent of participation shall be based on the amount of timber
which may be harvested therefrom.
Section 43. Swamplands and mangrove forests. — Strips
of mangrove forest bordering numerous islands which protect the
shoreline, the shoreline roads, and even coastal communities from the
destructive force of the sea during high winds and typhoons, shall be
maintained and shall not be alienated. Such strips must be kept from
artificial obstruction so that flood water will flow unimpeded to the
sea to avoid flooding or inundation of cultivated areas in the upstream.
All mangrove swamps set aside for coast-protection purposes shall not
be subject to clear-cutting operation.
Mangrove and other swamps released to the Bureau of Fisheries and
Aquatic Resources for fishpond purposes which are not utilized, or
which have been abandoned for five (5) years from the date of such
release shall revert to the category of forest land.
Section 44. Visitorial power. — The Department Head
may, by himself or thru the Director or any qualified person duly
designated by the Department Head, investigate, inspect and examine
records, books and other documents relating to the operation of any
holder of a license agreement, license, lease, or permit, and its
subsidiary or affiliated companies, to determine compliance with the
terms and conditions thereof, this Code and pertinent laws, policies,
rules and regulations.
Section 45. Authority of forest officers. — When in
the performance of their official duties, forest officers, or other
government officials or employees duly authorized by the Department
Head or Director, shall have free entry into areas covered by a license
agreement, license, lease or permit. 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 rules
and regulations.
Section 46. Scaling stations. — In collaboration with
appropriate government agencies, the Bureau shall establish control or
scaling stations at suitably located outlets of timber and other forest
products to insure that they were legally cut or harvested.
Section 47. Mining operations. — Mining operations in
forest lands shall be regulated and conducted with due regard to
protection, development and utilization of other surface resources.
Location, prospecting, exploration, utilization or exploitation of
mineral resources in forest reservations shall be governed by Mining
laws, rules and regulations. No location, prospecting, exploration,
utilization, or exploitation of mineral resources inside forest
concessions shall be allowed unless proper notice has been served upon
the licensees thereof and the prior approval of the Director, secured.
Mine tailings and other pollutants affecting the health and safety of
the people, water, fish, vegetation, animal life and other surface
resources, shall be filtered in silt traps or other filtration devices
and only clean exhausts and liquids shall be released therefrom.
Surface-mined areas shall be restored to as near its former natural
configuration or as approved by the Director prior to its abandonment
by the mining concern.
Section 48. Mineral Reservations. — Mineral
reservations which are not the subject of mining operations or where
operations have been suspended for more than five (5) years shall be
placed under forest management by the Bureau.
Mineral reservations where mining operations have been terminated due
to the exhaustion of its minerals shall revert to the category of
forest land, unless otherwise reserved for other purposes.
Section 49. Roads and other infrastructure. — Roads
and other infrastructure in forest lands shall be constructed with the
least impairment to the resource values thereof.
Government agencies undertaking the construction of roads, bridges,
communications, and other infrastructure and installations inside
forest lands, shall coordinate with the Bureau, especially if it will
involve the utilization or destruction of timber and/or other forest
resources, or watershed disturbance therein, in order to adopt measures
to avoid or reduce damage or injury to the forest resource values.
They shall likewise extend assistance in the planning and establishment
of roads, wharves, piers, port facilities, and other infrastructure in
locations designated as wood-processing centers or for the convenience
of wood-based industries.
In order to coincide and conform to government plans, programs,
standards, and specifications, holders of license agreements, licenses,
leases and permits shall not undertake road or infrastructure
construction or installation in forest lands without the prior approval
of the Director, or in alienable and disposable lands, civil
reservations and other government lands, without the approval of the
government agencies having administrative jurisdiction over the same.
All roads and infrastructure constructed by holders of license
agreements, licenses, leases and permits belong to the State and the
use and administration thereof shall be transferred to the government
immediately upon the expiration or termination thereof. Prior thereto
the Bureau may authorize the public use thereof, if it will not be
detrimental to forest conservation measures.
Where roads are utilized by more than one commercial forest user, the
Bureau shall prescribe the terms and conditions of joint use including
the equitable sharing of construction and/or maintenance costs, and of
the use of these roads by other parties and the collection of such fees
as may be deemed necessary.
Section 50. Logging roads. — There shall be
indiscriminate construction of logging roads.
Such roads shall be strategically located and their widths regulated so
as to minimize clear-cutting, unnecessary damage or injury to healthy
residuals, and erosion. Their construction must not only serve the
transportation need of the logger but, most importantly, the
requirement to save as many healthy residuals as possible during
cutting and hauling operations.
Section 51. Management of occupancy in forest lands.
— Forest occupancy shall henceforth be managed. The Bureau shall study,
determine and define which lands may be the subject of occupancy and
prescribed therein, an agro-forestry development program.
Occupants shall undertake measures to prevent and protect forest
resources.
Any occupancy in forest land which will result in sedimentation,
erosion, reduction in water yield and impairment of other resources to
the detriment of community and public interest shall not be allowed.
In areas above 50% in slope, occupation shall be conditioned upon the
planting of desirable trees thereon and/or adoption of other
conservation measures.
Section 52. Census of kaingineros, squatters,
cultural minorities and other occupants and residents in forest lands.
— Henceforth, no person shall enter into forest lands and cultivate the
same without lease or permit.
A complete census of kaingineros, squatters, cultural minorities and
other occupants and residents in forest lands with or without authority
or permits from the government, showing the extent of their respective
occupation and resulting damage, or impairment of forest resources,
shall be conducted.
The Bureau may call upon other agencies of the government and holders
of license agreement, license, lease and permits over forest lands to
participate in the census.
Section 53. Criminal Prosecution. — Kaingineros,
squatters, cultural minorities and other occupants who entered into
forest lands before the effectivity of this Code, without permits or
authority, shall not be prosecuted: Provided, That they do not increase
their clearings: Provided, further, That they undertake, within two (2)
months from the notice thereof, the activities which will be imposed
upon them by the Bureau in accordance with a management plan calculated
to conserve and protect forest resources.
E. SPECIAL USES
Section 54. Pasture in forest lands. — No forest land
50% in slope or over may be utilized for pasture purposes. chanroblesvirtualawlibrary
Forest lands which are being utilized for pasture shall be maintained
with sufficient grass cover to protect soil, water and other forest
resources.
If grass cover is insufficient, the same shall be supplemented with
trees or such vegetative cover as may be deemed necessary.
The size of forest lands that may be allowed for pasture and other
special uses shall be determined by rules and regulations, any
provision of law to the contrary notwithstanding.
Section 55. Wildlife. — Wildlife may be destroyed,
killed, consumed, eaten or otherwise disposed of, without the necessity
of permit, for the protection of life, health, safety and property, and
the convenience of the people.
However, the Director may regulate the killing and destruction of
wildlife in forest lands in order to maintain an ecological balance of
flora and fauna.
Section 56. Recreation. — The Bureau shall, in the
preparation of multiple-use management plans, identify and provide for
the protection of scenic areas in all forest lands which are
potentially valuable for recreation and tourism, and plan for the
development and protection of such areas to attract visitors thereto
and meet increasing demands therefor.
The construction and operation of necessary facilities to accommodate
outdoor recreation shall be done by the Bureau with the use of funds
derived from rentals and fees for the operation and use of recreational
facilities by private persons or operators, in addition to whatever
funds may be appropriated for such purposes.
Section 57. Other special uses of forest lands. —
Forest lands may be leased for a period not exceeding twenty-five (25)
years, renewable upon the expiration thereof for a similar period, or
held under permit, for the establishment of sawmills, lumber yards,
timber depots, logging camps, rights-of-way, or for the construction of
sanatoria, bathing establishments, camps, salt works, or other
beneficial purposes which do not in any way impair the forest resources
therein.
F. QUALIFICATIONS
Section 58. Diffusion of benefits. — The privilege to
utilize, exploit, occupy, or possess forest lands, or to conduct any
activity therein, or to establish and operate wood-processing
plants, shall be diffused to as many qualified and deserving
applicants as possible.
Section 59. Citizenship. — In the evaluation of
applications of corporations, increased Filipino equity and
participation beyond the 60% constitutional limitation shall be
encouraged. All other factors being equal, the applicant with more
Filipino equity and participation shall be preferred.
Section 60. Financial and technical capability. — No
license agreement, license, lease or permit over forest lands shall be
issued to an applicant unless he proves satisfactorily that he has the
financial resources and technical capability not only to minimize
utilization, but also to practice forest protection, conservation and
development measures to insure the perpetuation of said forest in
productive condition.
Section 61. Transfers. — Unless authorized by the
Department Head, no licensee, lessee, or permittee may transfer,
exchange, sell or convey his license agreement, license, lease or
permit, or any of his rights or interests therein, or any of his assets
used in connection therewith.
The licensee, lessee, or permittee shall be allowed to transfer or
convey his license agreement, license, lease or permit only if he has
not violated any forestry law, rule or regulation; has been faithfully
complying with the terms and conditions of the license agreement,
license, lease or permit; the transferee has all the qualifications and
none of the disqualifications to hold a license agreement, license,
lease or permit; there is no evidence that such transfer or conveyance
is being made for purposes of speculation; and the transferee shall
assume all the obligations of the transferor. chanroblesvirtualawlibrary
The transferor shall forever be barred from acquiring another license
agreement, license, lease or permit.
Section 62. Service contracts. — The Department Head,
may in the national interest, allow forest products licensees, lessees,
or permittees to enter into service contracts for financial, technical,
management, or other forms of assistance, in consideration of a fee,
with any foreign person or entity for the exploration, development,
exploitation or utilization of the forest resources, covered by their
license agreements, licenses, leases or permits. Existing valid and
binding service contracts for financial, technical, management or other
forms of assistance are hereby recognized as such.
Section 63. Equity sharing. — Every corporation
holding a license agreement, license, lease or permit to utilize,
exploit, occupy or possess any forest land, or conduct any activity
therein, or establish and operate a wood-processing plant, shall within
one (1) year after the effectivity of this Code, formulate and submit
to the Department Head for approval a plan for the sale of at least
twenty percent (20%) of its subscribed capital stock in favor of its
employees and laborers.
The plan shall be so implemented that the sale of the shares of stock
shall be effected by the corporation not later than the sixth year of
its operation, or the first year of the effectivity of this Code, if
the corporation has been in operation for more than 5 years prior to
such effectivity.
No corporation shall be issued any license agreement, license, lease or
permit after the effectivity of this Code, unless it submits such a
plan and the same is approved for implementation within the sixth year
of its operation.
The Department Head shall promulgate the necessary rules and
regulations to carry out the provisions of this section, particularly
on the determination of the manner of payment, factors affecting the
selling price, establishment of priorities in the purchase of the
shares of stock, and the capability of the deserving employees and
laborers. The industries concerned shall extend all assistance in the
promulgation of policies on the matter, such as the submission of all
data and information relative to their operation, personnel management,
and asset evaluation. chanroblesvirtualawlibrary
G. REGULATORY FEES
Section 64. Charges, fees and bonds. — The Department
Head, upon recommendation of the Director, shall fix the amount of
charges, rental, bonds and fees for the different kinds of utilization,
exploitation, occupation, possession, or activity inside forest lands,
the filing and processing of applications therefor, the issuance and
renewal of license agreements, licenses, leases and permits, and for
other services; Provided, That all fees and charges presently being
collected under existing laws and regulations shall continue to be
imposed and collected until otherwise provided; Provided, further, That
timber taken and removed from private lands for commercial purposes
shall be exempt from the payment of forest charges.
Section 65. Authority of Department Head to impose
other fees. — In addition to the fees and charges imposed under
existing laws, rules and regulations, the Department Head is hereby
authorized, upon recommendation of the Director and in consultation
with representatives of the industries affected, to impose other fees
for forest protection, management, reforestation, and development, the
proceeds of which shall accrue into a special deposit of the Bureau as
its revolving fund for the aforementioned purposes.
Section 66. Collection and Disbursement. — The
collection of the charges and fees above-mentioned shall be the
responsibility of the Director or his authorized representative. The
Director shall remit his monthly collection of fees and charges
mentioned in Section 64 to the Treasurer of the Philippines within the
first ten (10) days of the succeeding month; Provided, That the
proceeds of the collection of the fees imposed under Section 65 and the
special deposit heretofore required of licensees shall be constituted
into a revolving fund for such purposes and be deposited in the
Philippine National Bank, as a special deposit of the Bureau. The
Budget Commissioner and the National Treasurer shall effect the
quarterly releases out of the collection accruing to the general fund
upon request of the Director on the basis of a consolidated annual
budget of a work program approved by the Department Head and the
President.
In the case of the special deposit revolving fund, withdrawals
therefrom shall be effected by the Department Head on the basis of a
consolidated annual budget prepared by the Director of a work program
for the specific purposes mentioned in Section 65.
Section 67. Basis of Assessment. — Tree measurement
shall be the basis for assessing government charges and other fees on
timber cut and removed from forest lands, alienable or disposable
lands, and the civil reservations; Provided, That until such time as
the mechanics of tree measurement shall have been developed and
promulgated in rules and regulations, the present scaling method
provided for in the National Internal Revenue Code shall be used.
The Director may, with the approval of the Department Head, prescribe a
new method of assessment of forest products and collection of charges
thereon based upon the result of production cost and market studies
undertaken by the Bureau; Provided, That such charges shall not be
lower than those now imposed.
CHAPTER IV
Criminal Offenses and Penalties
Section 68. Cutting, gathering and/or collecting
timber or other products without license. — Any person who shall cut,
gather, collect, or remove timber or other forest products from any
forest land, or timber from alienable and disposable public lands, or
from private lands, without any authority under a license agreement,
lease, license or permit, shall be guilty of qualified theft as defined
and punished under Articles 309 and 310 of the Revised Penal Code;
Provided, That in the case of partnership, association or corporation,
the officers who ordered the cutting, gathering or collecting shall be
liable, and if such officers are aliens, they shall, in addition to the
penalty, be deported without further proceedings on the part of the
Commission on Immigration and Deportation.
The Court shall further order the confiscation in favor of the
government of the timber or forest products to cut, gathered, collected
or removed, and the machinery, equipment, implements and tools used
therein, and the forfeiture of his improvements in the area.
The same penalty plus cancellation of his license agreement, lease,
license or permit and perpetual disqualification from acquiring any
such privilege shall be imposed upon any licensee, lessee, or permittee
who cuts timber from the licensed or leased area of another, without
prejudice to whatever civil action the latter may bring against the
offender.
Section 69. Unlawful occupation or destruction of
forest lands. — Any person who enters and occupies or possesses, or
makes kaingin for his own private use or for others any forest land
without authority under a license agreement, lease, license or permit,
or in any manner destroys such forest land or part thereof, or causes
any damage to the timber stand and other products and forest growths
found therein, or who assists,ds or abets any other person to do so, or
sets a fire, or negligently permits a fire to be set in any forest land
shall, upon conviction, be fined in an amount of not less than five
hundred pesos (P500.00) nor more than twenty thousand pesos
(P20,000.00) and imprisoned for not less than six (6) months nor more
than two (2) years for each such offense, and be liable to the payment
of ten (10) times the rental fees and other charges which would have
been accrued had the occupation and use of the land been authorized
under a license agreement, lease, license or permit: Provided, That in
the case of an offender found guilty of making kaingin, the
penalty shall be imprisoned for not less than two (2) nor more than (4)
years and a fine equal to eight (8) times the regular forest charges
due on the forest products destroyed, without prejudice to the payment
of the full cost of restoration of the occupied area as determined by
the Bureau.
The Court shall further order the eviction of the offender from the
land and the forfeiture to the Government of all improvements made and
all vehicles, domestic animals and equipment of any kind used in the
commission of the offense. If not suitable for use by the Bureau, said
vehicles shall be sold at public auction, the proceeds of which shall
accrue to the Development Fund of the Bureau. 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.
Section 70. Pasturing Livestock. — Imprisonment for
not less than six (6) months nor more than two (2) years and a fine
equal to ten (10) times the regular rentals due, in addition to the
confiscation of such livestock and all improvement introduced in the
area in favor of the government, shall be imposed upon any person, who
shall, without authority under a lease or permit, graze or cause to
graze livestock in forest lands, grazing lands and alienable and
disposable lands 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 and directors
thereof shall be liable.
Section 71. Illegal occupation of national parks
system and recreation areas and vandalism therein. — Any person who
shall, without permit, occupy for any length of time any portion of the
national parks system or shall, in any manner, cut, destroy, damage or
remove timber or any species of vegetation or forest cover and other
natural resources found therein, or shall mutilate, deface or destroy
objects of natural beauty or of scenic value within areas in the
national parks system, shall be fined not less than two hundred
(P200.00) pesos or more than five hundred (P500.00) pesos exclusive of
the value of the thing damaged; Provided, That if the area requires
rehabilitation or restoration as determined by the Director, the
offender shall also be required to restore or compensate for the
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 animal life within any area in the national parks
system shall be subject to the same penalty; Provided, Finally, That
the Court shall order eviction of the offender from the land and the
forfeiture in favor of the Government of all timber or any species of
vegetation and other natural resources collected or removed, and any
construction or improvement made thereon by the offender. If the
offender is an association or corporation, the president or manager
shall be directly responsible and liable for the act of his employees
or laborers. chanroblesvirtualawlibrary
In the event that an official of a city or municipal government is
primarily responsible for detecting and convicting the violator of the
provisions of this Section, fifty per centum (50%) of the fine
collected shall accrue to such municipality or city for the development
of local parks.
Section 72. Destruction of wildlife resources. — Any
person violating the provisions of Section 55 of this Code, or the
regulations promulgated thereunder, shall be fined not less than one
hundred (P100.00) pesos for each such violation and in addition shall
be denied a permit for a period of three (3) years from the date of the
violation.
Section 73. Survey by unauthorized person. —
Imprisonment for not less than two (2) nor more than four (4) years, in
addition to the confiscation of the implements used in the 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 any forest lands, whether covered by a license
agreement, lease, license, or permit, or not, and conduct or undertake
a survey for whatever purpose.
Section 74. Misclassification and survey by
government official or employee. — Any public officer or employee who
knowingly surveys, classifies, or recommends the release of forest
lands as alienable and disposable lands contrary to the criteria and
standards established in this Code, or the rules and regulations
promulgated hereunder, shall, after an appropriate administrative
proceeding, be dismissed from the service with prejudice to
re-employment, and upon conviction by a court of competent
jurisdiction, suffer an imprisonment of not less than one (1) year and
a fine of not less than one thousand, (P1,000.00) pesos. The survey,
classification or release of forest lands shall be null and
void.
Section 75. Tax declaration on real property. —
Imprisonment for a period of not less than two (2) nor more than four
(4) years 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 of Forest Development and the Director
of Lands or their duly designated representatives that the area
declared for taxation is alienable and disposable lands, unless the
property is titled or has been occupied and possessed by members of the
national cultural minorities prior to July 4, 1955.
Section 76. Coercion and influence. — Any person who
coerces, influences, abets or persuades the public officer or employee
referred to in the two preceding sections to commit any of the acts
mentioned therein shall suffer imprisonment of not less than one (1)
year and pay a fine of five hundred (P500.00) pesos for every hectare
or a fraction thereof so improperly surveyed, classified or released.
Section 77. Unlawful possession of implements and
devices used by forest officers. — Imprisonment for a period of not
less than (2) nor more than four (4) years and a fine of not less than
one thousand pesos (P1,000.00), nor more than ten thousand (P10,000.00)
pesos in addition to the confiscation of such implements and devices,
and the automatic cancellation of the license agreement, lease, license
or permit, if the offender is a holder thereof, shall be imposed upon
any person who shall, without authority from the Director or his
authorized representative, make, manufacture, or has in his possession
any government marking, hatchet or other marking implement, or any
marker, poster, or other devices 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 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, and areas under the national park system
or to make any false mark or imitation of any mark or sign herein
indicated; Provided, That if the offender is a corporation, partnership
or association, the officers and directors thereof shall be liable.
Section 78. Payment, collection and remittance of
forest charges. — Any person who fails to pay the amount due and
payable under the provisions of this Code, the National Internal
Revenue Code, or the rules and regulations promulgated thereunder,
shall be liable to the payment of a surcharge of twenty-five per centum
(25%) of the amount due and payable.
Any person who fails or refuses to remit to the proper authorities said
forest charges collectible pursuant to the provisions of this Code or
the National Internal Revenue 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 of 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 and directors thereof shall be liable.
Section 79. Sale of wood products. — No person shall
sell or offer for sale any log, lumber, plywood or other manufactured
wood products in the international or domestic market unless he
complies with grading rules and 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.
A duly accredited representative of the Bureau shall certify to the
compliance by the licensees with grading rules.
Every dealer in lumber and other building material covered by this Code
shall issue an invoice for each sale of such material and such invoice
shall state that the kind, standard and size of material sold to each
purchaser in 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, the dealer 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.
Section 80. Arrest; Institution of criminal actions.
— A forest officer or employee of the Bureau shall arrest even without
warrant any person who has committed or is committing in his presence
any of the offenses defined in this Chapter. He shall also seize and
confiscate, in favor of the Government, the tools and equipment used in
committing the offense, and the forest products cut, gathered or taken
by the offender in the process of committing the offense. The arresting
forest officer or employee shall thereafter deliver within six (6)
hours from the time of arrest and seizure, the offender and the
confiscated forest products, tools and equipment to, and file the
proper complaint with, the appropriate official designated by law to
conduct preliminary investigations and file informations in court.
If the arrest and seizure are made in the forests, far from the
authorities designated by law to conduct preliminary investigations,
the delivery to, and filing of the complaint with, the latter shall be
done within a reasonable time sufficient for ordinary travel from the
place of arrest to the place of delivery. The seized products,
materials and equipment shall be immediately disposed of in accordance
with forestry administrative orders promulgated by the Department Head.
The Department Head may deputize any member or unit of the Philippine
Constabulary, police agency, barangay or barrio official, or any
qualified person to protect the forest and exercise the power or
authority provided for in the preceding paragraph.
Reports and complaints regarding the commission of any of the offenses
defined in this Chapter, not committed in the presence of any forest
officer or employee, or any of the deputized officers or officials,
shall immediately be investigated by the forest officer assigned in the
area where the offense was allegedly committed, who shall thereupon
receive the evidence supporting the report or complaint. chanroblesvirtualawlibrary
If there is prima facie evidence to support the complaint or report,
the investigating forest officer shall file the necessary complaint
with the appropriate official authorized by law to conduct a
preliminary investigation of criminal cases and file an information in
Court.
SPECIAL CLAUSES
Section 81. 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 82. Repealing Clause. — Presidential Decree
Nos. 330, and 389, C.A. No. 452, R.A. No. 4715 and all laws, orders,
rules and regulations or any part thereof which are inconsistent
herewith are hereby repealed or amended accordingly.
Section 83. Date of Effectivity. — This Code shall
take effect immediately upon promulgation.
Done in the City of Manila,
this 19th day of May, in the year of Our Lord, nineteen hundred and
seventy-five.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|