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wild animals or plants therein, and to provide

enjoyment of these features in such a manner as


PD 705 – REVISED FORESTRY CODE will leave them unimpaired for future generations.

Game Refuge or Bird Sanctuary - a forest land


PD 705 - the law governing the management and designated for the protection of game animals,
utilization of Forest Land issued on May 19, 1975. birds and fish and closed to hunting and fishing in
The law emphasis not only on the utilization of the order that the excess population may flow and
forest but more so on the protection, rehabilitation restock surrounding areas.
and development of forest lands, in order to ensure
the continuity of their productive condition. Marine Park - refers to any off-shore area
inhabited by rare and unique species of marine
flora and fauna.
Policies
a) The multiple uses of forest lands shall be
Seashore Park - refers to any public shore area
oriented to the development and progress
delimited for outdoor recreation, sports fishing,
requirements of the country, the advancement of
water skiing and related healthful activities.
science and technology, and the public welfare;
b) Land classification and survey shall be
Watershed Reservation - is a forest land
systematized and hastened;
reservation established to protect or improve the
c) The establishment of wood-processing plants
conditions of the water yield thereof or reduce
shall be encouraged and rationalized; and
sedimentation.
d) The protection, development and rehabilitation of
forest lands shall be emphasized so as to ensure
Watershed - is a land area drained by a stream or
their continuity in productive condition.
fixed body of water and its tributaries having a
common outlet for surface run-off.
Definition of Terms
Public Forest - mass of lands of the public domain Critical watershed - is a drainage area of a river
which has not been the subject of the present system supporting existing and proposed hydro-
system of classification for the determination of electric power and irrigation works
which lands are needed for forest purposes and
which are not. Mangrove - is a term applied to the type of forest
occurring on tidal flat along the sea coast,
Permanent Forest or Forest Reserves - It refers extending along streams where the water is
to those lands of the public domain which have brackish.
been the subject of the present system of
classification and determined to be needed for the Kaingin - is a portion of the forest land, whether
forest purposes. occupied or not, which is subjected to shifting
and/or permanent slash-and-burn cultivation having
A&D Lands - It refers to those lands of the public little or no provision to prevent soil erosion.
domain which have been the subject of the present
system of classification and declared as not needed Forest product - timber, pulpwood, firewood, bark,
for the forest purposes. tree top, resin, gun, wood, oil etc…

Forest lands include the public forest, the Dipterocarp forest - is a forest dominated by trees
permanent forest or forest reserves, and forest of the dipterocarp species, such as red
reservations. lauan, tengile, tiaong, white lauan and etc..

Grazing Lands - refers to that portion of the public Pine forest - is a forest composed of the Benguet
domain which has been set aside, in view of the Pine in the Mountain Provinces
suitability of its topography and vegetation, for the
raising of livestock. Industrial tree plantation - is any tract of forest
land purposely and extensively planted to timber
Mineral Lands - lands of the public domain which crops primarily to supply the raw material
have been classified as such by the Secretary of requirements of existing or proposed processing
Natural Resources in accordance with prescribed plants and related industries.
and approved criteria,
guidelines and procedure. Tree farm - refers to any tract of forest land
purposely and extensively planted to trees of
Forest reservations - forest lands which have economic value for their fruits, flowers, leaves,
been reserved by the President of the Philippines barks, or extractives, but not for the wood
for any specific purpose or purposes. thereof.

National Parks - forest land reservation essentially Selective logging - the systematic removal of the
of primitive or wilderness character which has mature, over-mature and defective Trees
been withdrawn from settlement or occupancy and
set aside as such exclusively to preserve the Seed tree system - is partial clear-cutting with
scenery, the natural and historic objects and the seed trees left to regenerate the area.
Healthy residual - is a sound or slightly injured Primitive Tribe - is a group of endemic tribe living
tree of the commercial species left after logging. primitively as a distinct portion of a people from a
common ancestor.
Sustained-yield management - implies
continuous or periodic production of forest products Private right - refers to titled rights of ownership
in a working unit with the aid of achieving at the under existing laws, and in the case of primitive
earliest practicable time an approximate balance tribes, to rights of possession existing at the time a
between growth and harvest or use. license is granted under this Code

Processing Plant - is any mechanical set-up,


machine or combination of machine used for the BUREAU OF FOREST DEVELOPMENT
processing of logs and other forest raw materials - Creation of and merger of all forestry
agencies such as:
Lease - is a privilege granted by the State to a o Bureau of Forestry
person to occupy and possess, in consideration of o Reforestation Administration
a specified rental, any forest land of the public o Southern Cebu Reforestation Development
domain in order to undertake any authorized Project
activity therein. o Parks and Wildlife Office

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 JURISDICTION
possession over the same - The Bureau shall have jurisdiction and
authority over all forest land, grazing lands, and all
forest reservations including watershed
License agreement - is a privilege granted by the reservations presently administered by other
State to a person to utilize forest resources within government agencies or instrumentalities.
any forest land with the right of possession and
occupation thereof to the exclusion of others,except
the government, but with the corresponding - The Bureau shall be headed by a
obligation to develop, protect and rehabilitate the Director, who shall be assisted by one or more
same in accordance with the terms and conditions Assistant Directors. The Director and Assistant
set forth in said Agreement Directors shall be appointed by the President.
Permit - is a short-term privilege or authority Qualifications:
granted by the State to a person to utilize any  natural born citizen
limited forest resources or undertake a limited  at least 30 years of age
activity with any forest land without any right of  a holder of at least a Bachelor’s Degree in
occupation and possession therein. Forestry
 registered forester
Annual allowable cut - is the volume of materials,
whether of wood or other forest products, that is Bureau shall be under the control and supervision
authorized to be cut regularly from the forest. of the Department Head (Secretary of the DENR)
Cutting cycle - is the number of years between Review
major harvests in the same working unit and/or - shall be final and executory after the lapse
region, within a rotation. of thirty (30) days by the Department Head from
receipt by the aggrieved party of said decision,
Ecosystem - the ecological community considered unless appealed to the President in accordance
together with non-living factors and its environment with the Executive Order No. 19, series of 1966.
as a unit. The Decision of the Department Head may not be
reviewed by the courts except through a special
Silviculture - is the establishment, development, civil action for certiorari or prohibition.
reproduction and care of forest trees

Rationalization - the organization of a business or Functional Divisions, and Regional and District
industry using scientific business management Offices
principles and simplified procedures to obtain DIVISIONS SECTIONS
greater efficiency of operation.
PLANNING AND Program Planning
EVALUATION Performance Evaluation
Forest officer - means any official or employee of
DIVISION Forest Economics
the Bureau who, by the nature of his appointment
Management Analysis
or the function of the position to which he is
Data and Information
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.
ADMINISTRATIVE Personnel by the DENR Secretary, to form part of the
DIVISION Budget forest reserves
Accounting  Unless, they were already covered by
Information existing titles or approved public land
General Services applications, or actually openly,
continuously, adversely and publicly for a
LEGAL DIVISION period of not less than 30 years as of the
REFORESTATION Cooperative Planting effectivity of the Code, where the
AND AFFORESTATION Planting Stock occupant is qualified for a free patent under
DIVISION production CA 141.
Plantation Management
TIMBER Forest Surveys, Data
MANAGEMENT and Mapping
Areas Needed for Forest Purpose
DIVISION Silviculture
Timber Inentory and Be classified as alienable and disposable land
Photo-Interpretation
 Areas Less than 250 hec.which are not
Timber Management
plans contiguous with any certified A&D lands
Land Classification
 Isolated patches of forest of at least 5 hec.
UTILIZATION DIVISION Timber Operations
Land uses  Areas which have already been reforested
Utilization
 Areas within forest concessions
 Ridge tops and plateaus regardless of size
FOREST PROTECTION Forest Protection
AND Forest Occupancy found
INFRASTRUCTURE Management  Appropriately located road-rights-or-way
Watershed Management
Infrastructure  20 meter strips of land along the edge of the
PARKS, WILDLIFE Parks Management normal high waterline of rivers and streams
DIVISION Recreation Management
Wildlife Management with channels of at least 5 meters wide
Range Management  Strips of mangrove or swamplands at least
SECURITY AND 20m wide, along shorelines facing oceans,
INTELLIGENCE
DIVISION lakes, and other bodies of water, and strips
FOREST Technical Training of land at least 20m wide facing lakes
DEVELOPMENT Non-Technical Training
TRAINING CENTER  National parks, national historical sites,
game refuges and wildfire sanctuaries,

CLASSIFICATION AND SURVEY forest station sites, and other of public


interest
The Department Head shall determine
which of the unclassified lands of the public  Areas previously proclaimed by the
domain are need for forest purposes and President as forest reserves, national parks,
declare them as permanent forest to form part
of the forest reserves. He shall declare those game refuge, bird sanctuaries, national
classified and determined not to be needed for shrines, national historic sites
forest purposes as alienable and disposable lands,
the administrative jurisdiction and management of All boundaries between permanent forest and
which shall be transferred to the LMB. alienable and disposable lands has an intervals
of not more than 500 meters.
Forest lands which have been the subject of
pasture leases and permits shall remain The Department Head may reserve and establish
classified as forest lands until classified as any portion of the public forest or forest reserve as
grazing lands site or experimental forest for use of the Forest
Research Institute.
Topography
UTILIZATION AND MANAGEMENT
 No land of the public domain 18% in
slope or over shall be classified as A&D, Multiple Use. - Only the utilization, exploitation,
nor any forest land 50% in slope or over occupation or possession of any forest land, or
as grazing land. any activity, involving one or more of its
 Lands 18% in slope or over which have resources, which will produce the optimum
already been declared as A&D shall be benefits to the development and progress of the
reverted to the classification of forest lands country and the public welfare, without impairment
or with the least injury to its other resources, shall processing of his logs. Wood processors shall
be allowed. accept for processing only logs cut by, or
purchased from, licensees of good standing at the
License Agreement, License, Lease or Permit - time of the cutting of logs.
needs to conduct activity any forest land
C. Reforestation
Silvicultural and Harvesting Systems
a) For dipterocarp forest, selective logging Forest Lands to be Reforested
shall be practised. a. Bare or grass-covered tracts of forest lands
b) For pine forest, the seed tree system with with at least fifty per cent (50%) slope;
planting when necessary shall be practised. b. Bare or grass-covered tracts of forest lands
c) For other types of forest, the silvicultural with less than fifty per cent (50%) slope, but
and harvesting system that will be found with soil so highly erodible as to make grass
suitable by research shall be applied. cover inadequate for soil erosion control;
Meanwhile, a system based on observation c. Brushlands or tracts of forest lands
and practices abroad may be adopted generally covered with brush, which need to
initially be developed to increase their productivity;
d. Open tracts of forest lands with slopes or
A. Timber gradients generally exceeding fifty per cent
(50%), interspersed with patches of forest
Required Inventory each of which is less than two hundred fifty (250)
Allowed harvest of timber if It has been the hectares in area;
subject of at least a five per cent (5%) timber e. Denuded or inadequately-timbered areas
inventory, made not earlier than five (5) years proclaimed by the President as forest
prior to the issuance of a license agreement. reserves and reservations as critical
watersheds, national parks, game refuge,
Cutting Cycle bird sanctuaries, national shrines, national
Giving particular consideration to the age, historic sites;
volume and kind of healthy residual Trees. f. Inadequately-stocked forest lands within
forest concessions;
Allowable Cut g. Portions of areas covered by pasture leases
Shall be determined on the basis of the or permits having a slope of at least fifty
established rotation and cutting cycle. per cent (50%); and
h. River banks, easements, road rights-of-
Duration to Harvest Timber in Forest ways, deltas, swamps, former river beds,
Shall be fixed and determined in and beaches.
accordance with the allowable cut therein, the
established cutting cycle thereof, the yield Industrial Tree Plantations and Tree Farms
capacity of harvestable timber, and the capacity A lease for a period of twenty five (25)
of healthy residuals for a second growth. years, renewable for another period not
exceeding twenty-five (25) years.
The maximum period of any privilege to With a minimum area One Thousand
harvest timber is twenty-five (25) years, (1,000) hectares for industrial tree plantation and
renewable for a period, not exceeding twenty-five One Hundred (100) hectares for tree farm.
(25) years, necessary to utilize all the remaining Scattered areas of less than One
commercial quantity or harvestable timber either Hundred (100) hectares each may be leased for
from the unlogged or logged-over area. the establishment of tree farms to different qualified
persons upon a showing that if developed as an
Size of Forest Concessions integrated unit these areas can be economically
Shall be limited to that which a person may exploited.
effectively utilize and develop for a period of 50
years. Incentives
a. Payment of a nominal filing fee of fifty
B. Wood - Processing centavos (P0.50) per hectare
The Department Head may cancel, b. No rental shall be collected during the first
suspend, or phase-out all uneconomical wood five (5) years from the date of the lease;
processing plants which are not responsive to the from the sixth year to the tenth year, the
rationalization program of the government. annual rental shall be fifty centavos
(P0.50) per hectare; the annual rental shall
Log Production and Processing be one peso (P1.00) per hectare: Provided,
Unless otherwise decreed by the President, That lessees of areas long denuded as
upon recommendation of the National Economic certified by the Director and approved by
Development Authority, the entire production of the Department Head, shall be exempted
logs by all licensees shall, beginning January 1, from the payment of rental for the full term
1976, be processed locally. of the lease which shall not exceed twenty-
A licensee who has no processing plant five (25) years; for the first five (5) years
may, subject to the approval of the Director, enter following the renewal of the lease, the
into a contract with a wood processor for the annual rental shall be fifty centavos (P0.50)
per hectare; and thereafter, the annual No harvest of felled timber UNLESS a one
rental shall be one peso (P1.00) per hundred per cent (100%) timber inventory has
hectare. been conducted thereon.
c. The lessee shall pay forest charges on the
timber and other forest products grown and All mangrove swamps set aside for coast-
cut or gathered in an industrial tree protection purposes shall not be subject to
plantation or tree farm equivalent to six clearcutting operation.
percent (6%) current market value thereof;
d. Sale at cost of seedlings and free technical Mangrove and other swamps released to the
advice and assistance Bureau of Fisheries and Aquatic Resources for
e. Exemption from the payment of the fishpond purposes which are not utilized, or which
percentage tax levied in Title V of the have been abandoned for five (5) years from the
National Internal Revenue Code date of such release shall revert to the category
f. The Board of Investments shall, of forest land.
notwithstanding its nationality requirement
on projects involving natural resources, Mining Operations
classify industrial tree plantations and tree No location, prospecting, exploration, utilization, or
farms as pioneer areas of investment under exploitation of mineral resources inside forest
its annual priority plan, to be governed by concessions shall be allowed unless proper
the rules and regulations of said Board. A notice has been served upon the licensees
lessee of an industrial tree plantation or tree thereof and the prior approval of the Director,
farm may either apply to the Board of secured.
Investments for the tax and other benefits
thereunder, or avail of the following benefits: Mineral Reservations
1. Amounts expended by a lessee in the Mineral reservations which are not the
development and operation of an industrial tree subject of mining operations or where operations
plantation or tree farm prior to the time when have been suspended for more than five (5) years
the production state is reached, may, at the shall be placed under forest management by the
option of said lessee, be regarded as ordinary Bureau.
and necessary business expenses or as capital
expenditures; and Roads and Other Infrastructure
2. Deduction from an investor's taxable income All roads and infrastructure constructed by
for the year, of an annual investment allowance holders of license agreements, licenses, leases and
equivalent to thirty-three and one-third per permits belong to the State and the use and
cent (33-1/3%) of his actual investment during administration thereof shall be transferred to the
the year in an enterprise engaged in industrial government immediately upon the expiration or
tree plantation or tree farm: Provided, That such termination thereof. Prior thereto the Bureau may
investment shall not be withdrawn for a authorize the public use thereof, if it will not be
period of at least ten (10) years from the detrimental to forest conservation measures.
date of investment: Provided, further, That
should the investment be withdrawn within such Management of Occupancy
period, a tax equivalent to double the amount of In areas above s occupation shall be
the total income tax rebate resulting from the conditioned upon the planting of desirable trees
investment allowance shall be payable as a thereon and/or adoption of other conservation
lump sum in addition to the income tax due from measures.
the taxpayer for the year the investment was
withdrawn. Census of Kaingineros, Squatters, Cultural
g. Except when public interest demands the Minorities and Other Occupants and Residents
alteration or modification, the boundaries of in Forest Lands
an area covered by an industrial tree No person shall enter into forest lands and
plantation or tree farm lease, once cultivate the same without lease or permit.
established on the ground, shall not be
altered or modified; and E.SPECIAL USES
h. A lessee shall not be subject to any
obligation prescribed in, or arising out of, Pasture in Forest Lands
the provisions of the National Internal No forest land 50% in slope or over may be
Revenue Code on withholding of tax at utilized for pasture purposes.
source upon interests paid on borrowings
incurred for development and operation of Other Special Uses
the industrial tree plantation or tree farm. Forest lands may be leased for a period not
exceeding twenty-five (25) years, renewable
D.Forest Protection upon the expiration thereof for a similar period.

Inventory Containing Standing or Felled Timber


The Bureau shall conduct a one hundred F. QUALIFICATIONS
per cent (100%) timber inventory in alienable and
disposable lands and civil reservations immediately Citizenship
upon classification or reservation.
In the evaluation of applications of collection of the fees shall be constituted into a
corporations, increased Filipino equity and revolving fund for such purposes and be deposited
participation beyond the 60% constitutional in the Philippine National Bank, as a special deposit
limitation shall be encouraged. All other factors of the Bureau.
being equal, the applicant with more Filipino equity The Budget Commissioner and the
and participation shall be preferred. National Treasurer shall effect the quarterly
releases out of the collection accruing to the
Financial and Technical Capability general fund upon request of the Director on the
He proves satisfactorily that he has the basis of a consolidated annual budget of a work
financial resources and technical capability not only program approved by the Department Head and
to minimize utilization, but also to practice forest the President.
protection, conservation and development
measures to insure the perpetuation of said forest Basis of Assessment
in productive condition. - Tree measurement

Transfers CRIMINAL OFFENSES AND PENALTIES


Allows only if he has not violated any J. Criminal Offenses and Penalties
forestry law, rule or regulation; has been faithfully
complying with the terms and conditions of the Unlawful Occupation or Fined: not less than
license agreement, license, lease or permit; the Destruction of Forest 500 nor more than
transferee has all the qualifications and none of the Lands 20000
disqualifications to hold a license agreement, Imprisonment: not less
license, lease or permit; there is no evidence that than 6 months nor
such transfer or conveyance is being made for more than 2 years
purposes of speculation; and the transferee shall Found guilty of making Liable to the payment
assume all the obligations of the transferor. Kaingin of 10 times the rental
fees and other
Service Contracts charges
The Department Head, allow forest products Fined:8 times the
licensees,in consideration of a fee, with any regular forest charges
foreign person or entity for the exploration, Imprisonment: not
development, exploitation or utilization of the forest less than 2 years nor
resources, covered by their license agreements, more than 4 years
licenses, leases or permits. Pasturing Livestock Fined: 10 times the
regular rental due and
Equity Sharing confiscation of livestock
Utilize, exploit, occupy or possess any and improvement
forest land, or conduct any activity therein, or Imprisonment: not
establish and operate a wood-processing plant, less than 6 months nor
shall within one (1) year after the effectivity of more than 2 years
this Code, formulate and submit to the Department Illegal occupation of Fined: not less than
Head for approval a plan for the sale of at least national parks system 200 or more than 500
twenty percent (20%) of its subscribed capital and recreation areas and compensate for the
stock in favor of its employees and laborers. and vandalism therein restoration of the
Shall be effected by the corporation not damage
later than the sixth year of its operation, or the Destruction of Wildlife Fined: not less than
first year of the effectivity of this Code, if the Resources 100 for each violation
corporation has been in operation for more than Addition: denied a
5 years prior to such effectivity. permit of 3 years fom
the date of the violation
G. REGULATORY FEES Survey by Imprisonment: less
Unauthorized Person than 2 years nor more
Charges than 4 years
That all fees and charges presently being Addition: cancellation
collected under existing laws and regulations shall of the license
continue to be imposed and collected until Misclassification and Fined: not less than
otherwise provided: Survey by Government 1000
Provided, further, that timber taken and Official or Employee Imprisonment: not
removed from private lands for commercial less than 1 year
purposes shall be exempt from the payment of Addition: dismissal
forest charges. from the service with
prejudice to re-
Collection and Disbursement employment
The Director shall remit his monthly Tax Declaration on Real Imprisonment: not
collection of fees and charges mentioned in Property less than 2 years nor
Section 64 to the Treasurer of the Philippines more than 4 years
within the first ten (10) days of the succeeding Addition: Perpetual
month: Provided, That the proceeds of the
disqualification from
holding an elective or
appointive office
Coercion and Influence Fined: 500 for every
hectare or a fraction of
improperly surveyed,
classified or released
Imprisonment: not
less than 1 year
Unlawful Possession of Fined: not less than
Implements and 1000 nor more than
Devices Used by Forest 10000
Officers Imprisonment: not
less than 2 year nor
more than 4 years
Addition: confiscation
of implements and
devices ad automati
cancellation of license
agreement, license etc.
Payment, Collection
and Remittance of Fined: Surcharged of
Forest Charges 25% of the amount due
Fails to pay the amount and payable
due to payable
Fined: not exceeding
Fails or refuses to remit 100000
to the proper authorities Imprisonment: not
exceeding 6 years
Addition: if
government official or
employee, be
dismissed from the
service and
disqualification from
holding any elective or
appointive office
Sale of Wood Products
Failure to meet the rules Suspension: not less
and standard of wood than 2 years
products
Fail to invoice sales Suspension: not less
than 2 years
Fined: not less than
200 or total value of the
invoice
Arrest; Institution of The arresting forest
Criminal Actions officer and employee
Forest officer or shall deliver 6 hours
employee shall arrest from the time of arrest
even without warrant and seizure
All products, materials
and equipment will be
confiscated or seized

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