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PHILIPPINE ENVIRONMENTAL

POLICY, FORESTRY, AND


MINING LAWS
(CRI 228)

TIBURCIO P. YBANEZ JR. RCRIM, MSCJ, PH.D. CJ (CAR)


 P.D. 1151 (PHILIPPINE ENVIRONMENTAL POLICY)
-need to formulate an intensive, integrated program of
environmental protection

-created a continuing policy for the Philippine


government

Create, develop, maintain and improve conditions under which a man &
nature can thrive in productive and enjoyable harmony with each other;

 Fulfill the social, economic, and other requirements of present and


future generations of Filipinos, and

 Ensure the attainment of an environmental quality that is conducive to a


life of dignity and well-being.
 RIGHT TO HEALTHY ENVIRONMENT

-promotes and recognizes the right of the Filipino


people to a HEALTHFUL ENVIRONMENT.

-stressed out the duty and responsibility of each


individual to contribute to the preservation and enhancement
of the Philippine environment.
 ENVIRONMENTAL IMPACT
STATEMENTS
• P.D. 1151 REQUIRES
-ALL agencies and instrumentalities of the national
government including GOCC’s and private corporations firms
and entities to prepare, file and include in every action, project,
or undertaking which significantly affects the quality of the
environment.

1. The environmental impact of the proposed action, project or undertaking;


2. Any adverse environmental effect which cannot be avoided should be
proposal be implemented;

3. Short term uses of resources consistent with long-term productivity


4. Impending need of utilizable of depletable or non-renewable resources
 P.D. 705- (REVISED FORESTRY CODE OF
THE PHIL.)
-revised the P.D. 389 of the Forestry Reform Code of the Phil.

Phil. Policy on Forestlands

1. Multiple uses of forest lands, intended for advancement of science


and technology and public welfare.

2. Land classification and survey shall be systematized and hastened.


3. Establishment of wood- processing plants shall be encouraged and
rationalized

4. Protection, development, and rehabilitation lands shall be


emphasized
 TYPES OF LANDS (P.D. 705 SEC. 3)

1. Alienable & Disposable Lands


-lands of the public domain which is subject to present
classification and declared not needed for forest purposes.

2. Forest Lands
-public forest, permanent forest or forest reserves.

a. Public Forest – the mass of lands of the public domain


which not been subject to classification.

b. Permanent Forest – lands of the public domain which


have been subject of the present classification.
3. Mangrove- type of forest occurring on tidal flat along the sea
coast, extending along stream where the water is brackish.

4. Dipterocarp Forest- forest dominated by trees of the


dipterocarp species such as red lauan, tanguile, and mayapis of
the Phil. Mahogany group.

5. Pine Forest- forest type predominantly of pine trees.


6. Forest Reservation – forest lands which have been reserved
by the President of the Philippines.

a. National Park – reservation essentially of primitive or wilderness


character withdrawn from settlement or occupancy

b. Game Refuge- designated for the protection of game animals and closed to
hunting and fishing

c. Watershed Reservation – established to protect or improve the conditions


of the water yield.
7. Grazing Land – portion of the public domain used in
view of the suitability of its topography and vegetation,
for raising of livestock.

8. Mineral Land – have been classified by the Secretary of


Natural Resources, in accordance with prescribed and
approved criteria, guidelines and procedure.

9. Private Lands – portion of it required to be reforested or


planted to tress pursuant to P.D. 953 & 1153 and other
existing laws.
 CRIMINAL OFFENSES UNDER P.D.
705
1. Cutting, Gathering, and/or Collecting Timber
or Other Forest Products WTHOUT License.

-involves ANY person/s who CUT, GATHER,


COLLECT, REMOVED TIMBER or other FOREST
PRODUCTS from any forest land or timber from ALIENABLE
or DISPOSABLE public or private land WITHOUT any;

a. Authority or posses timber or forest products

b. Legal documents

required under existing forest laws and regulations.


2. Unlawful Occupation or Destruction of Forest Lands
and Grazing Lands
-any person who enters and occupies or possesses for his
OWN PRIVATE USE or for OTHERS, WITHOUT
AUTHORITY under license agreement, lease, permit any;

a. Forest land or Grazing land;


b. Timber land and other products and forest growth

-including those who ASSISTS, AIDS, or ABETS any


other person to do so, or SETS a FIRE, or NEGLIGENTLY
PERMITS a FIRE to be set or REFUSES TO VACATE the area.
3. Illegal Occupation of National Parks System and
Recreation Areas and Vandalism

-involved ANY person who, WITHOUT a PERMIT,


OCCUPY for any length of time any portion of national parks
system or any manner;

a. Cut, destroy, damage, or remove timber


b. Any species of vegetation or forest cover and other natural
resources

-MUTILATE, DEFACE or DESTROY objects of


natural beauty or of scenic value within national park system.
4. Destruction of Wildlife Resources
-ANY person violating the;
a. CONSERVATION & PRESERVATION OF WILDLIFE or
b. REGULATION of the HUNTING of WILDLIFE in FOREST LANDS
to MAINTAIN an ECOLOGICAL balance of FLORA & FAUNA.

5. Illegal Sale of Wood Products


-ANY person who;
a. SELL or OFFER for sale any log, lumber, plywood; or
b. MANUFACTURED wood products in INTERNATIONAL or
DOMESTIC MARKET
WITHOUT complying with grading rules and established or to be
established by the government.
 P.D. 9175 – (CHAIN SAW ACT OF 2002)

-act PENALIZING violations and REGULATING the


OWNERSHIP, POSSESSION, SALE, IMPORTATION, and USE of
chain saws in the Philippines.

-to conserve, develop, protect the forest resources under


SUSTAINABLE MANAGEMENT and;

-to PURSUE an AGGRESSIVE FOREST program geared


towards ELIMINATING ILLEGAL LOGGING and other forms of
FOREST DESTRUCTION
 PERSON AUTHORIZED TO POSSESS AND USE A
CHAIN SAW
-Under Section 5 of Chain Saw Act of 2002, the following person are
allowed by law;
a. Subsisting timber license agreement or private land timber permit
b. Orchard and fruit tree farmer
c. An industrial tree farmer
d. Licensed wood processor and chain saw shall be used for cutting of timber

-It’s applied as well to government agencies as part of carrying out there


tasks.

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