Written Report

Bathan, Paulyn Marie R.

AB Legal Management – 4A

PRESIDENTIAL DECREE NO. 705

 REVISED FORESTRY CODE

Multiple Land Use

- Harmonized utilization of the numerous beneficial uses of the land, soil, water,
wildlife, recreation value and timber of forest lands.

- It is important to reassess the multiple uses of forest lands and resources to

optimize the maximum benefits.

Definitions:

(a) Public forest is the mass of lands of the public domain which has not been the
subject of the present system of classification for the determination of which lands are
needed for forest purposes and which are not.

(b) Permanent forest or forest reserves refer to those lands of the public domain which
have been the subject of the present system of classification and determined to be
needed for forest purposes.

(c) Alienable and disposable lands refer to those lands of the public domain which have
been the subject of the present system of classification and declared as not needed for
forest purposes.

(d) Forest lands include the public forest, the permanent forest or forest reserves, and
forest reservations.

(e) Grazing land refers to that portion of the public domain which has been set aside, in
view of the suitability of its topography and vegetation, for the raising of livestock.

(f) Mineral lands refer to those lands of the public domain which have been classified as
such by the Secretary of Natural Resources in accordance with prescribed and
approved criteria, guidelines and procedure.

(g) Forest reservations refer to forest lands which have been reserved by the President
of the Philippines for any specific purpose or purposes.

(h) National park refers to a forest land reservation essentially of primitive or wilderness
character which has been withdrawn from settlement or occupancy and set aside as
such exclusively to preserve the scenery, the natural and historic objects and the wild
animals or plants therein, and to provide enjoyment of these features in such a manner
as will leave them unimpaired for future generations.

(i) Game refuge or bird sanctuary refers to a forest land designated for the protection of
game animals, birds and fish and closed to hunting and fishing in order that the excess
population may flow and restock surrounding areas.

(j) Marine parks refers to any off-shore area inhabited by rare and unique species of
marine flora and fauna.

(k) Seashore park refers to any public shore area delimited for outdoor recreation,
sports fishing, water skiing and related healthful activities.

(l) Watershed reservation is a forest land reservation established to protect or improve

the conditions of the water yield thereof or reduce sedimentation.

(m) Watershed is a land area drained by a stream or fixed body of water and its
tributaries having a common outlet for surface run-off.

(n) Critical watershed is a drainage area of a river system supporting existing and
proposed hydro-electric power and irrigation works needing immediate rehabilitation as
it is being subjected to a fast denudation causing accelerated erosion and destructive
floods. It is closed from logging until it is fully rehabilitated.

(o) Mangrove is a term applied to the type of forest occurring on tidal flat along the sea
coast, extending along streams where the water is brackish.

(p) Kaingin is a portion of the forest land, whether occupied or not, which is subjected to
shifting and/or permanent slash-and-burn cultivation having little or no provision to
prevent soil erosion.

(q) Forest product means timber, pulpwood, firewood, bark, tree top, resin, gum, wood,
oil, honey, beeswax, nipa, rattan, or other forest growth such as grass, shrub, and
flowering plant, the associated water, fish, game, scenic, historical, recreational and
geologic resources in forest lands.

(r) Dipterocarp forest is a forest dominated by trees of the dipterocarp species, such as
red lauan, tengile, tiaong, white lauan, almon, bagtikan and mayapis of the Philippine
mahogany group, apitong and the yakals.

(s) Pine forest is a forest composed of the Benguet Pine in the Mountain Provinces or
the Mindoro pine in Mindoro and Zambales provinces.
(t) Industrial tree plantation is any tract of forest land purposely and extensively planted
to timber crops primarily to supply the raw material requirements of existing or proposed
processing plants and related industries.

(u) Tree farm refers to any tract of forest land purposely and extensively planted to trees
of economic value for their fruits, flowers, leaves, barks, or extractives, but not for the
wood thereof.

(v) Multiple-use is the harmonized utilization of the numerous beneficial uses of the
land, soil, water, wildlife, recreation value, grass and timber of forest lands.

(w) Selective logging means the systematic removal of the mature, over-mature and
defective trees in such manner as to leave adequate number and volume of healthy
residual trees of the desired species necessary to assure a future crop of timber, and
forest cover for the protection and conservation of soil and water.

(x) Seed tree system is partial clearcutting with seed trees left to regenerate the area.

(y) Healthy residual is a sound or slightly injured tree of the commercial species left after
logging.

(z) Sustained-yield management implies continuous or periodic production of forest

products in a working unit with the aid of achieving at the earliest practicable time an
approximate balance between growth and harvest or use. This is generally applied to
the commercial timber resources and is also applicable to the water, grass, wildlife, and
other renewable resources of the forest.

(aa) Processing plant is any mechanical set-up, machine or combination of machine

used for the processing of logs and other forest raw materials into lumber, veneer,
plywood, wallboard, block-board, paper board, pulp, paper or other finished wood
products.

(bb) Lease is a privilege granted by the State to a person to occupy and possess, in
consideration of a specified rental, any forest land of the public domain in order to
undertake any authorized activity therein.

(cc) 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 possession over the same, to the
exclusion of others, or establish and operate a wood-processing plant, or conduct any
activity involving the utilization of any forest resources.

(dd) License agreement is a privilege granted by the State to a person to utilize forest
resources within any forest land with the right of possession and occupation thereof to
the exclusion of others, except the government, but with the corresponding obligation to
develop, protect and rehabilitate the same in accordance with the terms and conditions
set forth in said agreement.

(ee) Permit is a short-term privilege or authority granted by the State to a person to

utilize any limited forest resources or undertake a limited activity with any forest land
without any right of occupation and possession therein.

(ff) Annual allowable cut is the volume of materials, whether of wood or other forest
products, that is authorized to be cut regularly from the forest.

(gg) Cutting cycle is the number of years between major harvests in the same working
unit and/or region, within a rotation.

(hh) Ecosystem means the ecological community considered together with non-living
factors and its environment as a unit.

(ii) Silviculture is the establishment, development reproduction and care of forest trees.

(jj) Rationalization is the organization of a business or industry using scientific business

management principles and simplified procedures to obtain greater efficiency of
operation.

(kk) Forest officer means any official or employee of the Bureau who, by the nature of
his appointment or the function of the position to which he is 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.

(ll) Primitive tribe is a group of endemic tribe living primitively as a distinct portion of a
people from a common ancestor.

(mm) Private right means or refers to titled rights of ownership under existing laws, and
in the case of primitive tribes, to rights of possession existing at the time a license is
granted under this Code, which possession may include places of abode and worship,
burial grounds, and old clearings, but excludes production forest inclusive of logged-
over areas, commercial forests and established plantations of forest trees and trees of
economic value.

(nn) Person includes natural as well as juridical person.

How the State regulate the utilization and disposition of forest resources?

 By means of timber license, timber license agreement, permit and lease.

NOTE:

 The timber license is not a contract within the purview of due process clause. It is
only a license or privilege which can be validly withdrawn whenever dictated by
public interest or public welfare.

LICENSE LICENSE PERMIT LEASE

AGREEMENT
Privilege granted by To utilize forest Short-term privilege Privilege to occupy
the State to a resources with the or authority to and possess, in
person to utilize right of possession utilize any limited consideration of a
forest resources and occupation forest resources or specified rental, any
without any rights of undertake a limited forest land of public
occupation and activity without right domain in order to
possession of occupation and undertake any
possession authorized activity
therein

NOTE:

o No land of the public domain 18% in slope or over shall be classified as alienable
and disposable, nor any forest land 50% in slope or over as grazing land species
necessary to assure a future crop of timber and forest cover for the protection
and conservation of soil and water.
o Forest lands can’t be owned by private persons. Open Continuous, Exclusive
and Notorious possession of such land does not ripen into registrable title or to
private ownership.
o The fact that a forested area has been classified as a forest land does not lose
such classification simply because loggers or settlers had stripped it for its forest
cover. The classification is descriptive of its legal nature or status and does not
have to be descriptive of what the land actually like. (Heirs of Amunategui vs.
Director of Forestry)
o Forest lands do not have to be on mountains or in out of the way places.
Swampy areas covered by mangrove trees, nipa, palms, and other trees growing
in brackish or sea water may also be classified forest land.

What is illegal logging?

Sec. 68. Cutting, Gathering And/or Collecting Timber or Other Forest Products Without
License.
Any person who shall cut, gather, collect, remove timber or other forest products from
any forest land, or timber from alienable or disposable public land, or from private land
without any authority, or possess timber or other forest products without the legal
documents as required under existing forest laws and regulations, shall be punished…

What are the offenses punished?

Acts Punished (Mode) Subject Source Basis of Offense

1. Cutting, Gathering, Timber or Other Any Forest Land Without Authority

Collecting, Removing Forest Products (Public)

2. Cutting, Gathering, Timber Alienable or Without Authority

Collecting, Removing Disposable Public
Land; Private
Land/Property

3. Possession Timber or Other All Without the Legal

Forest Products Documents as required
under existing forest laws.

What is “Timber”?

- any piece of wood having an average diameter of at least 15 centimeters and at

least 1.5 meters long, except all mangrove species which in all cases, shall be
considered as timber regardless of size.

What is “Squared Timber” or “Lumber”?

- timber squared with an ax or other similar mechanical hard tool in the forest and
which from the size of the piece and the character of the wood is obviously unfit for use
in that form. Such timber should be invoiced or otherwise manufactured; if not, it should
be assessed as manufactured timber.

What is meant by “Forest Product/s”?

- timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey,
beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant,
the associated water, fish, game, scenic, historical, recreational and geologic resources
in the forest lands.
What is meant by “Authority”?

- the authority to cut, gather, collect or remove timber or other forest products from
any forest land, or timber from alienable or disposable public land or from private land
may be in the form of any license agreement or permit issued by the Secretary of the
DENR or by his duly authorized representatives

Examples of Licenses or Permits:

o Timber License Agreement (TLA)

o Private Land Timber Permit (PLTP)

o Special Private Land Timber Permit (SPLTP)

o Gratuitous Timber License

o Mangrove Cutting Permit (MCP)

o Special Cutting Permit

o Minor Forest Products License

o Harvesting Permit

Examples of Special Permits:

o Permit to cut narra and other premium hardwood in the forest areas, civil/military
reservations or resettlement areas.
o Permit to cut narra and other premium hardwood found (natural growth) in private
lands.

What are the Legal Documents required in the possession of Timber or Other
Forest Products?

o Transport Documents

Logs or Flitches

- Lumber

- Non-Timber (or Minor) Forest Products

 o Certificates of Origin
o Certificate of Transport Agreement

Who are the persons liable?

o the cutter
o the gatherer
o the collector
o the remover
o the possessor or any and all persons who appear to be responsible for the
commission of offense defined in Sec. 68.
o in case of partnerships, associations, or corporations, the officers who ordered
the cutting, gathering, collection or possession.

What are the Penalties Imposed?

o the offenders shall be punished with the penalties imposed under Arts. 309 & 310
of the Revised Penal Code.
o Art. 309 of RPC prescribes the penalties for the crime of THEFT.
o Art. 310 defines the crime of QUALIFIED THEFT.

VALUE PENALTY DURATION

More than P22,000 Reclusion Temporal in its 18yrs. 2mos. & 21days to 20yrs.
medium and maximum (1yr for each additional P10,000
periods (Maximum) but total penalty shall not exceed
20yrs.)

More than P12,000 up Reclusion Temporal in its 14yrs. 8mos. & 1day to 20yrs.
to P22,000 medium and maximum
periods.

More than P6,000 up Prision Mayor in its 10yrs. & 1day to 12yrs.
to P12,000 maximum period to
Reclusion Temporal in its
medium period.

More than P200 up to Prision Mayor in its medium 8yrs. & 1day to 12yrs.
P6,000 and maximum periods.
P5 or less Prision Correctional in its 2yrs. 4mos. & 1day to 6yrs.
medium and maximum
periods.

In case the value does not exceed P5 and the offender shall have acted under the
impulse of hunger, poverty or the difficulty of carrying a livelihood for the support of
himself or his family, the penalty imposable is Arresto Menor in its maximum period, or
21 days to 30 days.

Other offenses punished under PD 705:

o Sec. 69. Unlawful Occupation or Destruction of Forest Lands and Grazing Lands

ACTS PUNISHED PENALTY

- Enters and Occupies or Possesses forest products for his own  Fine: P500 to P20,000
private use or for others without authority
 Imprisonment: 6mos to 2yrs
- In any manner destroys such forest land or grazing land or
 Payment of rent: 10times the
part thereof, or cause any damage to the timber stand and
rental fees and other charges
other products and forest growth found therein

- Sets fire, or negligently permits a fire to be set in any forest

land or grazing land

o Sec. 69 – Cont.

ACTS PUNISHED PENALTY

 Imprisonment: 2yrs to 4yrs

Making kaingin for his own private use or for  Fine: Equal to 8 times the
others regular forest charges due
on the forest products
destroyed

 Payment of the full cost of

restoration of the occupied
area
Provided, further:

• That the maximum penalty prescribed shall be imposed upon the offender who
repeats the same offense.

Double the maximum of the penalty upon the offender who commits the same
offense for the third time.

o Sec. 70. Pasturing Livestock Without Authority

ACTS PUNISHED PENALTY

- Graze or cause to graze livestock in  Imprisonment: 6mos to 2yrs

forest lands, grazing lands and
alienable and disposable lands  Fine: Equal to 10 times the regular
rentals due

 Confiscation of such livestock and all

improvement in the area

o Sec. 71. Illegal Occupation of National Park System and Recreation Areas and
Vandalism Therein

ACTS PUNISHED PENALTY

- Occupying for any length of time any portion of  Fine: P200 to P500
the national park system
 Restoration of the
- In any manner cut, destroy, damage, or remove Damaged Area
timber or any species of vegetation or forest
cover & other natural resources

- Mutilate, deface or destroy objects of natural

beauty or of scenic value