PD 705 - Revised Forestry Code
PD 705 - Revised Forestry Code
PD 705 - Revised Forestry Code
705
[As amended by P.D. No. 1559, P.D. No. 865, P.D. No. 1775,
Batas Pambansa (B.P.) Blg. 701, B.P. Blg. 83, Republic Act
(R.A.) No. 7161, Executive Order (E.O.) No. 277 and 83
O.G. No. 31]
REVISED FORESTRY CODE
[REVISING PRESIDENTIAL DECREE NO. 389,
OTHERWISE KNOWN AS
THE FORESTRY REFORM CODE OF THE PHILIPPINES]
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;
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;
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;
WHEREAS, the present laws and regulations governing
forest lands are not responsive enough to support reoriented 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;
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:
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:
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;
b.
Land
classification
and
systematized and hastened;
survey
shall
be
and Assistant
President.
Directors
shall
be
appointed
by
the
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 or 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:
Divisions
Planning and
Evaluation
Division
Sections
Program Planning; Performance
Evaluation; Forest Economics;
Management Analysis Data &
Information
Personnel; Budget; Accounting;
Information; General Services
Administrative
Division
Legal Division
Reforestation
Cooperative Planting; Planting Stock
and Afforestation
Production; Plantation Management
Division
Forest Surveys, Data & Mapping;
Timber
Silviculture; Timber Inventory & PhotoManagement
Interpretation; Timber Management
Division
Plans; Land Classification
Utilization
Timber Operations; Land Uses;
Division
Utilization
Forest Protection Forest Protection; Forest Occupancy
and
Management; Watershed Management;
Infrastructure
Infrastructure
Parks, Wildlife
Parks Management; Recreation
Division
Security and
Intelligence
Division
Forest
Development
Training Center
A.
Timber
Section 22
Silvicultural and Harvesting Systems
In any logging operations in production forests within
forest lands, the proper silvicultural and harvesting
system that will promote optimum sustained yield shall be
practiced, to wit:
a. For dipterocarp forest, selective logging with
enrichment or supplemental planting when necessary.
b. For pine or mangrove forest, the seed tree system
with planting when necessary: Provided, That subject
to the approval of the Department Head, upon
recommendation of the Director, any silvicultural and
harvesting system that may be found suitable as a
result of research may be adopted: Provided, further,
That no authorized person shall cut, harvest or gather
any timber, pulp-wood, or other products of logging
unless he plants three times of the same variety for
every tree cut or destroyed by such logging or
removal of logs. Any violation of this provision shall
be sufficient ground for the immediate cancellation of
the license, agreement, lease or permit. [As amended
by PD No. 1559]
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 percent (100%) timber inventory thereon has
been achieved.
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 in dipterocarp area, and seed trees and
reproduction in pine area.
Section 26
Annual Allowable Cut
The annual allowable cut or harvest of any particular
forest land under a license agreement, license, lease or
permit shall be determined on the basis of the size of the
area, the volume and kind of harvestable timber or forest
products and healthy residuals, seed trees and
reproduction found therein, and the established cutting
cycle and rotation thereof.
No person shall cut, harvest and gather any particular
timber, pulpwood, firewood and other forest products
unless he has been authorized under Section 20 hereof to
do so and the particular annual allowable cut thereof has
been granted.
In the public interest and in accordance with Section 21
hereof, the Department Head shall review all existing
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.
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
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 and grazing lands
before May 19, 1975, without permit or authority, shall not
be prosecuted: Provided, That they do not increase their
clearings: Provided, further, That they undertake, within
two (2) months from notice thereof, the activities to be
imposed upon them by the Bureau in accordance with
management plan calculated to conserve and protect
forest resources in the area: Provided, finally, That
kaingineros, squatters, cultural minorities and other
occupants shall whenever the best land use of the area so
demands as determined by the Director, be ejected and
relocated
to
the
nearest
accessible
government
resettlement area. [As amended by PD No. 1559]
E.
Special Uses
Section 54
Pasture in Forest Lands
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
Section 76
Tax Exemption of Trees and Products Removed from Public
Lands under a Tree Farm Lease
No charges shall be collected on trees and products
removed from public lands planted to ipil-ipil and/or
falcata under a tree farm lease with the Government. [As
amended by BP Blg. 83]
Section 77
Time, Manner and Place
of Payment of Forest Charges
The charges on forest products herein imposed shall be
payable at the time of the removal from or utilization of
the same within the concession area.
Before removing any forest product subject to forest
charges, the person liable to the said tax shall file, in
duplicate, a return setting forth the quantity, volume and
the specie of the forest product to be removed and pay
the forest charges due thereon to the revenue district
officer, collection agent, or duly authorized treasurer of
the municipality of the place where the timber concession
is located or where the forest products were gathered and
removed, except as herein below provided.
With the approval of the Commissioner, lumber may be
removed from a sawmill situated on a licensed citing area
upon the giving of a bond conditioned upon the monthly
payment of the charges due on the output of such mill. He
may also authorize the shipment of forest products under
auxiliary invoices without the prepayment of charges in
special cases where the prepayment of the charges at the
point of origin would result in undue hardship, if the
owner of concessionaire shall first file a bond with the
Bureau of Internal Revenue in the form and amount and
with such sureties as the Commissioner may require,
conditioned upon the payment of the forest charges at the
point of destination or at such time and place as the
of not less
the dealer
fine of not
total value
Section 89
Arrest; Institution of Criminal Actions
A forest officer or employee of the Bureau or any
personnel of the Philippine Constabulary/ Philippine
National Police 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 of 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 investigation and file information
in Court.
If the arrest and seizure are made in the forest, 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 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 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.
take
effect
immediately
upon