ALL NATURAL RESOURSES

ARE OWNED BY THE STATE

 UNDER THE REGALIAN DOCTRINE

SECTION 8, ARTICLE XIV OF THE 1973

CONSTITUTION
SECTION 2, ARTICLE XII OF THE 1987
CONSTITUTION
 1973 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
ARTICLE XIV
THE NATIONAL ECONOMY AND THE PATRIMONY OF THE NATION

Section 8. All lands of public domain, waters, minerals, coal, petroleum

and other mineral oils, all forces of potential energy, fisheries,
wildlife, and other natural resources of the Philippines belong to the
State. With the exception of agricultural, industrial or commercial,
residential, or resettlement lands of the public domain, natural
resources shall not be alienated, and no license, concession, or lease
for the exploration, or utilization of any of the natural resources shall
be granted for a period exceeding twenty-five years, except as to
water rights for irrigation, water supply, fisheries, or industrial uses
other than development of water power, in which cases, beneficial use
may by the measure and the limit of the grant.
 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES
ARTICLE XII
NATIONAL ECONOMY AND PATRIMONY

Section 2. All lands of the public domain, waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are owned by
the State. With the exception of agricultural lands, all other natural
resources shall not be alienated. The exploration, development, and
utilization of natural resources shall be under the full control and
supervision of the State. The State may directly undertake such activities, or
it may enter into co-production, joint venture, or production-sharing
agreements with Filipino citizens, or corporations or associations at least 60
per centum of whose capital is owned by such citizens. Such agreements
may be for a period not exceeding twenty-five years, renewable for not
more than twenty-five years, and under such terms and conditions as may
provided by law. In cases of water rights for irrigation, water supply,
fisheries, or industrial uses other than the development of waterpower,
beneficial use may be the measure and limit of the grant.
 MODES OF UTILIZATION OF NATURAL
RESOURCES
 1973 Constitution

- Does not provide a specific mode of utilization

 1987 Constitution

- Direct undertaking by the state

- Co-production,
- Joint Venture
- Production Sharing
 CLASSIFICATION OF LANDS
 1973 Constitution 
- Agricultural
- Industrial or commercial
- residential
- resetlement
- mineral
- timber or forest
- grazing lands
 1987 Constitution
- Agricultural Land
- Forest or Timber Land
- Mineral Lands
- National Parks
 A LECTURE ON FORESTRY CODE,
AND OTHER FORESTRY RELATED
LAWS

BY:
ATTY. ALMA T. DELOS REYES-LANZO
LEGAL OFFICER, INTERIM LEGAL OFFICE
FOREST MANAGEMENT BUREAU
 OUTLINE

Presidential Decree No. 705
 Republic Act 9175
Executive Order No.23
PRESIDENTIAL DECREE NO. 389
“Forestry Reform Code”
February 5, 1974
PRESIDENTIAL DECREE No. 705
“Revised Forestry Code”
May 19, 1975
 RATIONALE
 The proper classification, management and
utilization of the lands of the public domain to
maximize their productivity to meet the demands
of our increasing population.
 The protection, rehabilitation and
development of forest lands, in order to
ensure the continuity of their productive
condition.
 SALIENT FEATURES
 Section 33. Forest lands to be reforested
 Section 34. Industrial Tree Plantations and Tree Farms. 
 Section 38. Control of concession area.
 Section 39. Regulation of timber utilization in all other classes of lands
and of wood processing plants.
 Section 42. Participation in the development of alienable and disposable
lands and civil reservations.
 Section 45. Authority of forest officers.
 Section 58. Diffusion of benefits.
 Section 60. Financial and technical capability. 
PROHIBITED ACTS AND ELEMENTS
SECTION 77 – 87
 SECTION 77

1. Cutting, gathering, collecting or removing of timber or other

forest products from any forest land without authority.

Elements:
a) there must be cutting, gathering, collecting or removing of
timber or other forest products;
b) the timber or other forest product is cut,
gathered, collected or removed from any
forest land;
c) the cutting, gathering, collecting or removing is
without authority.
 SECTION 77
2.Cutting, gathering, collecting or removing
of timber from alienable or disposable public laland or
from private land.

Elements:

a) there must be cutting, gathering, collecting or

removing of timber;
b) the timber is cut, gathered, collected or
removed from alienable or disposable
public or from private land;
c) the cutting, gathering, collecting or removing is
w without authority.
 SECTION 77

3. Possession of timber and other forest products w

without legal documents

Elements:

a) timber and/or other forest products are found in

possession of a person
b) such person doest not have legal documents
NOTE:
ORIGINAL permit or transport documents must
ACCOMPANY forest products (being moved or
transported) at ALL TIMES (Section 2a ,DAO 97-32)

Apprehending Officers must turn over the forest

products to DENR ( Rule 12 Rules of Procedure for
Environmental Cases; April 29, 2010)
 SECTION 78
Unlawful occupation and destruction of forest lands
Elements:
a) Any person enters any forestlands

b) That person has no authority under a license agreement, lease, license or

permit
c) That person do any of the following acts:

1. occupies or possesses or makes kaingin for his own benefit or for others ;
2. in any manner destroys such forestlands ;
3. in any manner cause any damage to the timber stand, or other products
and forest growth found therein;
4. assists, aids, abets any other person to do so;
5. sets fire or negligently permits fire to be set therein;
6. refuses to vacate the area when ordered to do so.
 SECTION 79

Pasturing livestock without permit in forest lands and alienable and

disposable lands not yet disposed of.
Elements:

a) The offender graze or cause to graze livestock in forest lands,

grazing lands and alienable and disposable land not yet been
disposed in accordance with Public Land Act;
b) The offender is without authority under a lease or permit.
 SECTION 80

Illegal occupation of National Parks System and recreation areas and

vandalism therein
Elements:
a) The offender in any manner cut, destroy, damage or remove
timber or any species of vegetation or forest cover and other natural
resources found in the National Park system and recreation area;
b) Such acts as above mentioned is without any permit.
 SECTION 81

Destruction of Wildlife Resources

Element:
a) The offender violates the measures adopted by the
Department to conserve wildlife.
 SECTION 82

Survey by Unauthorized Person

Elements:
a) A person enters any forestlands and conduct or
undertake a survey for whatever purpose ;
b) Such survey is without permit
 SECTION 83

Misclassification and Survey by Government Official or Employee

Elements:
a) A public officer or employee knowingly surveys, classifies, or
recommends the release of forest lands as alienable and disposable
lands ;

b) Such classification or recommendation is contrary to the criteria

and standards established or with the existing rules and regulations
on the matter.
 SECTION 84

Tax Declaration on Real Property

Elements:
a) A public officer or employee issues a tax declaration on real
property;
b) Such issuance is without a certification that the land is alienable
and disposable.

Exception: unless the property is titled or has been occupied and

possessed by members of the national cultural minorities prior to July
4, 1955.
 SECTION 85

1. Coercing a public officer or employee to commit

violations of Section 83 and 84

Elements:
a) The offender coerces, influences, abets or
persuades a public officer or employee referred to in
Sections 74 and 75 ;
b) The public officer or employee was coerced,
influenced abetted or persuaded to violate Section 83
and 84 of this Decree.
 SECTION 86

1. Unlawful Possession of Implements and Devices Used

by Forest Officers

Elements:
a) The offender
(i) makes or manufacture government marking, hatchet
or other marking implement, or any marker, poster, or
other devices of the same kind; or
(ii) The offender is in possession of any government
marking, hatchet or other marking implement, or any
marker, poster, or other devices of the same kind; or
 SECTION 86

3. The offender makes or manufacture, or in possession

of duplicate, counterfeit, or imitated government
marking, hatchet or other marking implement, or any
marker, poster, or other devices of the same kind;

4. The offender makes 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; or
 SECTION 86

5. The offender destroy, deface, remove or disfigure any

mark, sign, poster or warning notices set by the Bureau which
notices are used 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
6. The offender makes any false mark or imitate any mark or
sign which are used 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.
 SECTION 87

1. Payment, Collection and Remittance of Forest Charges .

Element:

a) The offender 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.
 SECTION 87

2. Payment, Collection and Remittance of Forest Charges .

Element:
a) The offender:
i. 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
ii. Delays, obstructs or prevents the same,
iii. Orders, causes or effects the transfer or diversion of
the funds for purposes other than those specified in this Code.
 REPUBLIC ACT NO.9175
NOVEMBER 7, 2002

An Act regulating the ownership,

possession, sale, importation and use of
chain saws, penalizing violations thereof and
for other purposes.
 RATIONALE

- To eliminate illegal logging and

other forms of forest destruction
which are being facilitated with the
use of chainsaws.
SALIENT FEATURES:
- Section 4. Person authorized to Manufacture, Sell
_and Import Chain Saws

- Section 5. Person Authorized to Possess and Use

Chain Saws 

- Section 6. Registration of Chain Saws

- Section 7. Penal Provisions

PROHIBITED ACTS AND ELEMENTS
SECTION 7. NO.1-4
 SECTION 7. NO.1

Selling, Purchasing, Re-selling, Transferring, Distributing

or Possessing a Chain Saw Without a Proper Permit

Elements:

a) The offender sells, purchases, transfer the ownership,

distributes or otherwise disposes or possesses a chain saw;
b) Without first securing the necessary permit from the
Department.
 SECTION 7. NO.2

Unlawful Importation or Manufacturing of Chain Saw

Elements:

a) The offender imports or manufactures a chain saw;

b) Without obtaining prior authorization from the
Department .
 SECTION 7. NO.3

Tampering of Engine Serial Number

Element:

a) The offender defaced or tampered the original

registered engine serial number of any chain saw unit
 SECTION 7. NO.4

Actual Unlawful Use of Chain Saw

Elements:

a) The offender is in possession of a chain saw;

b) He uses the same in any manner;
c) The offender does not have the permit to do so
NOTE:

All chainsaws must be registered with DENR except for the

province of Palawan (PCSD).
Other government agencies that used chainsaws in some
aspect of their operation must likewise secure a permit from
DENR.
 EXECUTIVE ORDER NO. 23
FEBRUARY 1, 2011

Declaring a Moratorium on the Cutting and

Harvesting of Timber in the Natural and Residual
Forests and Creating the Anti-illegal Logging Task
Force
 RATIONALE

To protect the remaining forest cover areas of the

country not only to prevent flash floods and
hazardous flooding but also to preserve
biodiversity, protect threatened habitats and
sanctuaries of endangered and rare species, and
allow natural regeneration of residual forests and
development of plantation forests
 SALIENT FEATURES

Section 2. Moratorium on the Cutting and

Harvesting of Timber in the Natural and Residual
Forests nationwide
Section 3. Creation of the Anti-Illegal Logging Task
Force
 The DENR is prohibited from:

1. Issuing new logging stewardship contracts/

agreements;
2. Renewing tree cutting permits (with exceptions)

Some exceptions:

Road right of way, Site preparation, Silvi-cultural treatments and similar

activities, Indigenous practices; provided, All logs derived therefrom
shall be turned over to DENR
THANK YOU…