PD 705 (REVISED FORESTRY CODE OF THE PHIL)
05/19/75
**Amended by EO 277 (1987)
- Reassess the multiple uses of forest lands and
resources
3. (a) Public forest- not have been classified for forest
purposes
(b) Permanent forest/Forest reserves- classified as
needed for forest purposes
(c) Forest lands- include a and b
(d) Grazing Land- raising livestock
(e) Mineral Land- classified as mineral lands by DENR
(f) National Park- essential for primitive or wilderness
character
(g) Mangrove- a type of forest on a tidal flat
ORGANIZATION AND JURISDICTION OF THE BUREAU
4. Organizations are merged into the Bureau of Forest
Development- shall have jurisdiction in all forest lands
CLASSIFICATION AND SURVEY
13. Department Head shall prescribe the classification
of the lands in the public domain
A&D lands are on LMB.
Mangroves and other swamp- BFAR
14. Forest lands subject to pasture leases shall remain
as forest lands until classified.
15. Lands with a slope of 18% and over are NOT
alienable and disposable. Forest lands with a slope 50%
and over are NOT grazing lands
Lands with a slope of 18% and over that were classified
as A&D may be reverted to forest lands unless it is
already titled or applied for not less than 30 yrs
(OCENO) and qualified for free patent
16. Lands with a slope less than 18% may still NOT be
alienated and disposed of provided;
(a) Areas less than 250 has. that are not contiguous with
A&D lands
(b) Isolated patches of forest at least 5 has. that protect
springs for public use
(c) Reforested areas
(d) 20 m. strips of land along the edge of rivers of at
least 5 m. wide
(e) Strips of mangrove at least 20 m. wide along
shorelines
17. Boundaries shall be marked on the ground with
monuments at an interval of 500 m.
18. Department head may reserve forest lands for use
of the Forest Research Institute. President may reserve
for any other purposes.
TIMBER
22. Silvicultural and harvesting system
(a) Dipterocarp forest- selective logging
(b) Pine forest- seed tree system
27. Max period is 25 yrs. renewable for a period not
exceeding 25 yrs.
28. No maximum area for a forest concession. Kung
anong makaya sa 50 yrs.
REFORESTATION
33. Forest lands to be reforested
(a)Bare or grass-covered tract with at least 50% slope
(b)River banks, easements
Lease Period
Term Minimum area
Industrial tree 25 yrs, 1000 has.
plantation renewable
Tree farm 25 yrs. renewa. 100 has.
No payment for the first 5 yrs of the lease. 1 peso
annual payment per ha. For denuded areas, no payment
for 25 yrs.
FOREST PROTECTION
38. Utilization of timber is only allowed through a
license agreement.
43. Mangroves and swamplands shall not be alienated
48. Mineral reservations that have been suspended for
more than 5 yrs. shall be placed under forest
management.
49. Roads shall be constructed in lands with the least
impairment to resources
51. Areas with 50% and above slope, occupants shall
plant desirable trees.
55. Wildlife may be killed or destroyed without a permit
for the safety of the people.
QUALIFICATIONS
59. Corporations shall have 60% Filipino equity.
PENALTIES
**68. Cutting and gathering without a license
Punishable under Art 309 and 310 of the Revised Penal
Code. If there are foreigners, aside from the
punishment, they will be deported. The products and
tools used will be confiscated and disposed of.
68-B. An informant will be given 20% of the proceeds of
the confiscated items.
69. Unlawful occupation or destruction
500 to 20,000 & imprisonment of 6 months to 2 yrs for
each offense
Kaingin- imprisonment of 2 to 4 yrs and fine 8 times the
regular forest charge on forest products destroyed
70. Pasturing Livestock- Imprisonment of 6 mons. To 2
yrs. AND a fine 10 times the regular rental due.
71. Illegal occupation and vandalism on national parks.
Fine of 200 to 500 of the thing damaged.
72. Destruction of wildlife resources.
Fine of 100 for each offense and denial of permit for 3
yrs
73. Survey by unauthorized person. Imprisonment of 2-
4 yrs
74. Misclassification and survey by government official.
Imprisonment of not less than 1 yr and a fine of not less
than 1,000.
75. Tax declaration on real property. 2 to 4 yrs
imprisonment.
76. Coercion and influence. Less than 1 yr imprisonment
and a fine of 500 for every hectare
77. Unlawful possession of implements and devices
used by forest officers. Imprisonment of 2 to 4 yrs AND
a fine of 1,000 to 10,000.
79. Sale of wood products. Suspension of license of not
less than 2 yrs AND a fine of 200.
PD 1998 s of 1985- authorizes reclassification of lands
18% slope and over in Cebu and Benguet as A&D Lands
RA 9175 (CHAINSAW ACT OF 2002)
(a) Chain saw- portable power saw used in felling
trees
(b) Chain saw dealer- engaged in distribution of
chain saws
4. Chainsaws are sold to duly authorized persons by the
DENR
5. Qualifications of applicants to possess chain saws
(a) has a timber license agreement, production sharing
agreement, or a private land timber permit
(b) an orchard or fruit tree farmer
(c) an industrial tree farmer
(d) licensed wood processor
Registration
6. permits are valid for 2 yrs.
Permits for non-commercial orchard farmers are valid
for 5 yrs.
Penal Provisions
a. Selling, etc. without a proper permit
Imprisonment of 4 yrs. 2 mon. 1 day to 6 yrs. or
a fine of 15,000 to 30,000 or both. Chainsaw is
confiscated
b. Unlawful importation or manufacturing
Imprisonment of 1 to 6 months AND a fine of
1,000 to 4,000
c. Tampering of engine serial number
Imprisonment of 1 to 6 months AND a fine of
1,000 to 4,000
d. Actual unlawful use of a chainsaw
Imprisonment of 6 yrs. and 1 day to 8 yrs. or a
fine of 30,000 to 50,000 or both. Chainsaw is
confiscated
Confiscated chainsaws are auctioned.
8. Reward to persons giving voluntary information is
20% of the value of the chainsaw units.
10. The Secretary may revoke the Certification and
permit previously issued to a person found violating.
RA 7942 (PHILIPPINE MINING ACT OF 1995)
4. The State owns mineral resources.
Mineral reservations
Mining operations in mineral reservations may be given
the preferential right to apply for a small-scale mining
agreement for a maximum area of 25% of the mineral
reserve. 10% of all revenues shall accrue to the MGB for
utilizing minerals in the mineral reserves.
All submerged lands within the contiguous zone and EEZ
are declared mineral reservations
7. The Secretary shall periodically review existing
mineral reservations if they are consistent with the
national interest.
8. The Department is responsible for conserving,
managing, and developing mineral resources.
9. The Bureau is in charge of the disposition and
administration of mineral lands. The Director
recommends to the Secretary the granting of mineral
agreements.
12. A deputized GE shall survey the mining area and the
survey plan must be approved by the Director
13. The Philippine territory and its EEZ are divided into
Meridional blocks (81 has.)
Scope of Application
16. No ancestral lands are open for mining operation
unless with consent to the Indigenous community. If so,
Royalty payments are due (not less than 1% of gross
output)
18. All mineral resources in public and private lands are
open to mining operations
19. Areas closed to mining operations
a. military and government reserves
b. near public and private buildings or works Auxiliary Mining Rights
c. areas protected by NIPAS 72. Timber rights
Exploration Permit 73. Water rights
Valid for 2 yrs., subject to review and renewal for not 74. Right to possess explosives
more than 4 yrs (non-metallic) to 6 yrs (metallic) 75. Easement rights
Indiv Part, Coop, etc 76. Entry into private lands and concession areas
Onshore- 1 prov 20 Blcks 200 Blcks Government Share
Onshore- Phil 40 Blcks 400 Blcks
Offshore- beyond 500 m 100 Blcks 1000 Blcks 80. The Share of the government in mineral production
Mineral Agreement sharing agreement is the excise tax on mineral
(a)Mineral Production Sharing Agreement- the products.
contractor provides the input 81. The share of the government in CP and JVA depends
(b)Co-Production- the government provides the input on the negotiation.
(c)Joint Venture Agreement- share equities Penal Provisions
Indiv Part, Coop, etc 101. False statements- Fine of not exceeding 10,000
Onshore- 1 prov 10 Blcks 100 Blcks 102. Illegal Exploration- not exceeding 50,000
Onshore- Phil 20 Blcks 200 Blcks 103. Theft of Minerals- 6 mons to 6 yrs OR 10,000 to
Offshore 50 Blcks 500 Blcks, EEZ larger area
20,000 OR both. And pay for damages
29. Mineral agreements are filed in the region, area of
108. Violation of ECC- 6 mons to 6 yrs OR 50,000 to
interest.
200,000 OR both
32. Term does not exceed 25 yrs, and renewable not
exceeding 25 yrs.
RA 7076 (PEOPLE’S SMALL-SCALE MINING ACT OF
Financial or Technical Assistance Agreement
1991)
34. Maximum contract area for a large-scale exploration
- create more employment and equitably share the
is 1,000 blck. on shore or 4,000 blck. offshore. Same
nation’s wealth and natural resources.
term of contract.
5. People’s small-scale mining areas
Quarry Resources
(a) Actively mined by small-scale miners before Aug 1,
43. Any qualified person may apply for a quarry permit
1987
to the provincial/city mining regulatory board. The term
(b) Not an active mining area
of the permit shall not exceed 5 yrs. renewable for 5 yrs
(c) Minerals in the area are suitable for small-scale
but shall not exceed 25 yrs. The maximum area shall be
mining
5 has.
(d) Area is not covered by existing forest rights and not
Quarry Permits
declared as reservations
a. Commercial Sand & Gravel Permit- Prov Gov
6. Future People’s small-scale mining areas
b. Industrial Sand & Gravel Permit- Bureau
(a) Public lands with no existing right
c. Exclusive Sand & Gravel Permit- Prov Gov
(b) Public lands with existing mining rights but not an
d. Government Gratuitous Permit- Prov Gov, 2 has
active mining area
e. Private Gratuitous Permit- Prov Gov
(c) Private lands except etc., land within 100 m from
f. Guano Permit- Prov Gov
cemetery & water sources, parcel of land less than 1 ha.
g. Gemstone Gathering Permit- Prov Gov
In area
Mineral Processing Permit
7. No ancestral land is suitable for small-scale mining
Term of 5 yrs, renewable for 5 yrs, not exceeding 25 yrs
without prior consent to IPs. Members of the
Employment of Filipinos
indigenous community are given priority for small-scale
62. Shall give preference to Filipinos. But CA 613 allows
mining in ancestral lands
contractors to employ employees of their selection
10. Shall not exceed 20 has.
provided that the employment shall not exceed 5 yrs.
11. Shall have easement rights.
64. No person under 16 is employed in any phases of
13. The contract has a term of 2 yrs. renewable for like
mining operations and no person under 18 is employed
periods
in an underground mine.
14. Claimowners shall be given royalties equivalent to
65. For every 50 workers, there shall be 1 mining
1.5% of the metallic output or 1% of for non-metallic.
engineer with 5 yrs of experience and 1 foreman.
15. Rights of private landowners RA 11038 (EXPANDED NATIONAL INTEGRATED
(a) shall be notified of any plan of declaration. PROTECTED AREAS SYSTEM ACT OF 2018)
Landowners may file for a petition. 4. Protected Areas in Bicol (Natural Park)
(b) entitled to payments for damages Mt Mayon Nat Park Albay 5,327.15
(c) Royalty not exceeding 1% of the gross value Ticao Burias Pass Alb, Mas, 414,244
16. Small-scale mining contractor owns the milling Protected Seascape Sor
17. All gold from small-scale mining is sold to Central Abasig-Matogdon- Cam Nor 5,918.312
Bank Mananap Nat Park
Fines for Violators Bicol Nat Park Cam Sur 5466.35
21. 20,000 to 100,000. Ineligibility to those who do not Buhi Wildlife Sanc Cam Sur 1,620.65
pay. Lagonoy Nat Biotic Area Cam Sur 443.63
Penal Malabungot Prot Cam Sur 147.71
Landscape
27. Imprisonment of 6 mons to 6 yrs. and confiscation
Mt. Isarog Nat Park Cam Sur 10,090.89
Catanduanes Nat Park Catanduane 48,924.09
s
RA 7586 (NATIONAL INTEGRATED PROTECTED AREAS
Bongsanglay Nat Park Masbate 518.90
SYSTEM ACT OF 1992) Bulusan Vol Nat Park Sorsogon 3,641.47
3. Categories: (a) strict nature reserve 94 protected areas were added in ENIPAS
(b) Natural park, (c) natural monument, 114
(d) Wildlife sanctuary, (e) protected landscape and The DENR shall submit to the president:
seascapes, (f) resource reserve, (g) natural biotic areas (a)Protected area occupants survey
6. Areas with outstanding physical features, (b)Ethnographic study
anthropological significance, and high biodiversity may (c)Protected area resource profile
be added to the integrated system. (d)Land and water use plans
7. A protected area may be disestablished or modified 6. If the buffer zone covers private lands, the owners
based on the opinion of DENR. The area will be reverted shall design their development with due consideration
to a public forest unless classified. to the protected area management plan
8. Each protected area has a buffer zone 9. Shall have Protected Area Management Board for
10. DENR Sec is empowered to each protected area. 40% of the members shall be
(a) adopt a land use scheme and zoning plan in women.
adjoining areas to preserve protected areas 11. Activities in protected areas shall have ECC. Projects
11. Shall have a Protected Area Management Board for that are not environmentally critical only need an initial
every protected area environmental examination (IEE).
12. Activities in protected areas shall have ECC 12. ICCs and IPs are responsible to protect and conserve
13. DENR can’t evict IPs or resettle them without their protected areas that they occupy.
consent 13. Renewable energy projects outside strict protection
14. Protected areas, except for strict nature reserves zones shall undergo EIA
may be subjected to exploration to gather information 20. Prohibited acts.
on energy resources. (a) Poaching, killing wildlife in protected areas
20. Prohibited acts: (a) Hunting, destroying, possession
without permit, (b) use of motorized equipment
without permit, (c) dumping of detrimental waste, (d)
destroying objects of natural beauty, (e) Damaging
roads and trails, (f) Occupying any land, (g) constructing
any structures without permit, (h) Leaving in unsanitary
debris, (i) Altering boundary marks
Penalties
Fine of 5,000 to 500,000 or imprisonment of 1 to 6 yrs,
or both. Restore or compensate the damages