PD 705

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 POLICIES (Sec. 2)
 Multiple use of forests oriented towards

national progress, scientific advancement
and public welfare
 Systematic land classification and survey
 Establishment of rational wood
processing
 Protection, development and
rehabilitation of forests
 Some Terms (Sec. 3)
• Public forest
• A and D lands
• Critical watershed
• Mangrove forests www.fotopedia.com
• Kaingin (slash and burn farming)

• Industrial tree plantation
• Multiple use
• Selective logging
• License agreement
• Permit
• Private right
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 IMPLEMENTING AGENCY (Secs. 4 and 5)
 Department of Environment and Natural

Resources (DENR) through the Bureau of Forest
Development (previously from different
agencies under DENR) now called the Forest
Management Bureau.
 JURISDICTION OF
B.F.D. OF DENR (Sec. 5)
ALL forest lands, grazing

lands, forest reserves and
watersheds.
Issuance of forest permits,

leases and licenses.
Operation of sawmills and

wood processing plants.
 TOPOGRAPHY
[Sec. 15]
 Lands 18% or more
in slope cannot be
A/D lands
• Reversion to forest
lands for those
already declared
A/D before PD 705,
unless titled
already
• Lands 50% or more

in slope cannot be
grazing lands
 AREAS NEEDED FOR
FOREST PROTECTION
(Sec. 16)
 Evenif below 18% in

slope, these lands cannot
be A/D:
• Less than 250 has. that are not
contiguous
• Isolated forest patches
• Reforested areas
• Areas in forest concessions
that have good residual
stockings
 AREAS NEEDED FOR
FOREST PROTECTION
(Sec. 16)
 Ridge tops and plateaus

 Appropriate as RROWs
 20 meter strips along
rivers
 20 meter wide mangrove
 National parks, historical
sites, etc.
 Reserves and sanctuaries
 UTILIZATION
AND
MANAGEMENT (Secs. 19 and
20)
 Multiple uses
 Timber License Agreements
(see OPOSA case)
 Permits , Leases and Licenses
for grazing, operate wood
processing facilities, occupy,
possess, use or exploit forest
and their products
 TIMBER PRODUCTION [Sec.
22]
 Timber inventory
 Inventory before utilization of
forest lands
 Cutting cycle and Annual
Allowable Cut
 TLAs or forest privilege good for
25 years plus 25 more. But forest
lands “shall not be held in
perpetuity.”
 WOOD PROCESSING (Secs. 29-32)
 Must be RATIONAL
 REFORESTATION (Secs. 33-
36)
 Public lands
• Bare or grass lands
• Open tract lands with forest
patches
• Denuded forest lands
• Inadequately stocked forest growth
• With pasture leases
• River banks and easements,
RROWs, swamps and deltas
 REFORESTATION (Secs. 33-36)
 Private lands
• Portions that need to be planted with,
based on PD 953 (tree planting along
rivers and subdivisions) and PD 1153, etc.
 FOREST PROTECTION (Secs. 37-54)
 Allforest lands MUST be protected

 Control of concession areas against
kaingin, squatting, insect infestation, etc..
 SPECIAL USES (Secs. 54-57)
 Pasture
 Wildlife conservation
 Recreation
 Others like lease for sawmills,
 RROWs, camps, bathing, etc.
 QUALIFICATIONSOF
CONCESSIONAIRES
 (Secs. 58-63)
 Use of forest lands to be

DIFFUSED to as many
qualified users
 Filipino equity preferred
(60% owned by them)
 Financial and technical
capabilities
 Rule: forest rights NON-
transferable except under
certain instances
 CRIMINAL OFFENSES
(Secs. 77-87)
 1. Conversion of Mangrove
 2. Cutting, gathering or
 collecting without
 license
 3. Unlawful occupation,
 kaingin of forest land

 CRIMINAL OFFENSES
(Secs. 77-87)
 4. Destruction of wildlife
 5. Pasturing without permit
 SELECTED JURISPRUDENCE
 FELIPE YSMAEL, ET AL. vs. DEPUTY EXEC. SEC., GR
No. 79538. Oct. 18, 1990
 MINORS OPOSA, ET AL. vs. SEC. FACTORAN, ET AL.,

GR No. 101083. July 30, 1993. 224 SCRA 792
 MUSTANG LUMBER vs. CA, GR No. 104988. June 18,

1996
 PAAT vs. CA, GR No. 111107. Jan. 10, 1997

 ERNESTO AQUINO, vs. PEOPLE OF THE PHILIPPINES, G.R.
No. 165448, 2009 Jul 27, 1st Division
 AMADO TAOPA, vs. PEOPLE OF THE PHILIPPINES. G.R.
No. 184098, 2008 Nov 25, 1st Division
 THE SEC. of DENR, ET AL.vs. MAYOR JOSE S. YAP,,ET AL.,
G.R. No. 167707, 2008 Oct 8, En Banc.
 SESINANDO MERIDA, vs. PEOPLE OF THE PHILIPPINES,
G.R. No. 158182, 2008 Jun 12, 1st Division
 PICOP RESOURCES, INC., vs. BASE METALS MINERAL
RESOURCES CORPORATION, and THE MINES
ADJUDICATION BOARD. G.R. No. 163509, 2006 Dec 6, 3rd
Division.
 NATIONAL HOUSING AUTHORITY, vs. PEDRO BAELLO,
ET AL.. G.R. No. 143230, 2004 Aug 20, 2nd Division
 VIRGILIO BON, vs. PEOPLE OF THE PHILIPPINES,

respondent., G.R. No. 152160, 2004 Jan 13, 1st Division)
 ALFREDO Y. CHU, vs. JUDGE CAMILO E. TAMIN, A.M. No.

RTJ-03-1786, 2003 Aug 28, 1st Division
 DENR, vs. GREGORIO DARAMAN, NARCISO LUCENECIO

and Hon. CLEMENTE C. ROSALES, Presiding Judge. G.R.
No. 125797, 2002 Feb 15, 3rd Division
 THANK YOU VERY MUCH!
 OOPs. That is not me. 

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www.fao.

 Multiple use of forests oriented towards

• Kaingin (slash and burn farming)

 Department of Environment and Natural

ALL forest lands, grazing

Issuance of forest permits,

Operation of sawmills and

• Lands 50% or more

 Evenif below 18% in

 Ridge tops and plateaus

 Allforest lands MUST be protected

 Use of forest lands to be

 MINORS OPOSA, ET AL. vs. SEC. FACTORAN, ET AL.,

 MUSTANG LUMBER vs. CA, GR No. 104988. June 18,

 PAAT vs. CA, GR No. 111107. Jan. 10, 1997

 VIRGILIO BON, vs. PEOPLE OF THE PHILIPPINES,

 ALFREDO Y. CHU, vs. JUDGE CAMILO E. TAMIN, A.M. No.

 DENR, vs. GREGORIO DARAMAN, NARCISO LUCENECIO

 OOPs. That is not me. 

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