REVISED FORESTRY CODE

(Presidential Decree No. 705)

(May 19, 1975)

The law governing management and utilization of forest lands.

Repealed Forestry Reform Code (PD No. 389); Pasture Land Act (CA No.452) and all
other laws inconsistent therewith.
Places emphasis not only on utilization, but moreso on the protection, rehabilitation and
development in order to ensure the continuity of productive condition
STATE POLICIES
Multiple land uses oriented to development and progress requirements of the country,
advancement of science and technology and the public welfare.

 What is Multiple Land Use?

Policy is enshrined in our laws with the end view that countrys natural resources
may be rationally explored, developed, utilized and conserved.
Allows multiple uses to optimize the benefits derived therefrom
There is equiponderance between or among other laws with regards to land use
Example: mining and timber rights giving mining contractor the right to
enter a timber concession provided surface owner or concessionaire shall be
properly compensated to any damage done to the property as consequence of
mining operations.
Systematized land classification and survey
Protection, rehabilitation and development must be emphasized to ensure continuity of
productive state.

ORGANIZATIONAL STRUCTURE
Department concerned (primarily responsible)
NATURAL RESOURCES

DEPARTMENT OF ENVIRONMENT &

Conservation, management, development and proper use of natural resources

Including licensing and regulation of all natural resources to ensure equitable sharing of
benefits for the present and future
Policy determination by the executive branch on proper management of forest
resources cannot be interfered with by the courts.
Matters which are addressed to the sound discretion of government agencies entrusted
with the regulation of activities coming under the special technical knowledge and
training of such agencies will not be interfered by the courts.

Ysmael v. Deputy (GR No. 79583 Oct. 18, 1990) - petitioner sought to reinstate
its timber license agreement which was cancelled pursuant to instructions of

president and Memo of then Minister of Natural Resources. SC upheld legitimacy

of such cancellation laying the principle of non-interference by courts.
FOREST MANAGEMENT BUREAU core
implementing the provisions of the code.

bureau

in-charge

for

the

purpose

of

Directly under the control and supervision of the DENR Secretary.

All decision of the Director are subject to review either motu propio or upon appeal of
any person aggrieved thereby to DENR Secretary
Decision of DENR Secretary shall be final and executory after lapse of 30 days from
receipt of decision by aggrieved party. Decision cannot be reviewed by courts except
through SC for Certiorari or Prohibition
Period may be interrupted by appeal to President.
Doctrine of Exhaustion of Administrative Remedies applies resort first to the
appropriate administrative authorities in the resolution of the controversy falling under
their jurisdiction before the same may be elevated to the courts of justice for review.

 Decisions and Orders of administrative agencies upon their finality have the force and
binding effect of final judgement within the purview of the Res Judicata Doctrine
conclusive upon the rights of the affected parties & forbids the reopening of a matter
once determined by the competent authority acting within their exclusive jurisdiction
Laches failure or neglect for an unreasonable and unexplained length of time to do
that which by exercising due diligence, could or should have been done earlier, or to
assert a right within reasonable time, warranting a presumption that the party entitled
thereto has either abandoned it or declined to assert it.
Bureau has Jurisdiction & Authority over all forest lands, grazing lands, and all forest
reservations including watershed reservations

Duties/Responsibilities of Bureau:
Protection, development, management, regeneration, and reforestation of forest
lands

 Regulation & supervision of the operation of licensees, lessess and permittees

Implementation of multiple use and sustained yield management in forest lands;
preservation of national parks, marine parks, game refuges and wildlife
implementation of measures and programs to prevent kaingin and managed
occupancy of forest and grazing lands.
Effective, efficient and economic classification of lands of the public domain
Enforcement of forestry, reforestations, parks, games and wildlife laws, rules and
regulations.

FOREST LANDS; CONCEPTS

Large tract of land covered with a natural growth of trees and underbush; large wood
descriptive classification or concept.

 Different from legal concept as classification of lands of the public domain in the
Constitution legal status, a classification for legal purposes
In the context of Public Land Act or Constitution, forest does not necessarily refer to
large tract of wooded land or covered by dense growth of trees an underbush. Heirs of
Amunategui v. Director of Forestry (GR L-127873 Nov. 29, 1983)
Public forests or forests reserves are not capable of private appropriation unless
declassified and released b y positive act of the government
Forest lands are not registrable until timber or forest lands are released as D & A

Republic v. CA & Bernabe

Well-settled that a certificate of title is void when it covers property of public
domain classified as forest or timber and mineral lands

 Any titles issued on non-disposable lots even in the hands of an alleged innocent
purchaser for value

Republic v. Naguiat (GR No 134209, Jan. 24, 2006)

Rules on confirmation of imperfect title does not apply
Unclassified lands cannot be acquired by adverse occupation or possession;
occupation thereof in the concept of an owner however long, cannot ripen into
private ownership and be registered as title.
There must be positive and express act from the government

Does the law require that the land subject of registration be alienable and disposable
during the entire possession or since June 12, 1945?

 NO. It is sufficient that the land is already alienable and disposable land at the
time the application for registration is filed so as to entitle the possessor to
registration.
(Malabanan v. Republic GR No. 179987 April 30, 2009)
Mangrove swamps are in the category of forest land
Director of the Bureau and not Director of Lands has authority to declare it as agri land
and release for private ownership
UTILIZATION & MANAGEMENT
Protection and preservation of forests as adherence to public policy
Principle of inter-generational responsibility as enunciated in the case of Oposa v.
Factoran
A timber license is not a contract but a mere privilege which does not create irrevocable
rights.

 Tan v. Director of Forestry

It is an instrument by which state regulates the utilization and disposition of
forest resources to the end that public welfare is promoted
Can be validly withdrawn whenever dictated by public interest of public welfare
Timber License Agreement or License to harvest timber maximum of 25 years
renewable for another period not exceeding 25 years
Condition for continued privilege that licensee should reforest all areas
Size of forest concessions shall be limited to that which a person may effectively utilize
and develop for a period of 50 years considering the cutting cycle, past performance of
the applicant and his capacity not only to utilize but more importantly to protect and
manage the whole area

 Industrial tree plantations and tree farms lease period of 25 years and renewable for
another period not exceeding 25 years
Industrial tree plantation minimum area of 1000 has. And 100 has for tree farm
FOREST PROTECTION
Utilization of timber shall not be allowed except through license agreements
Concessionaires shall have exclusive privilege to cut allowable harvest plus additional
right of occupation, possession and control to the exclusion of others except the
government
Even utilization of timber in A & D lands, private lands, civil reservations including those
under the jurisdiction of other government agencies and the establishment and
operation of sawmills and other wood-processing plant shall be regulated to prevent
them from excessive and unauthorized harvests in forests land.
Swamplands and mangrove forests shall be maintained and shall not be alienated.

 Mangroves & other swamps released to the BFAR for fishpond purposes which are not
utilized or which have been abandoned for 5 years from date of release shall revert to
the category of forest land
VISITORIAL RIGHTS - DENR secretary by himself or through the Director or any
qualified representative may investigate, inspect and examine record books and other
documents relating to the operation of any holder of license agreement, license, permit
to determine compliance with the terms and conditions of the law.
Forest officers, foresters duly authorized by the Secretary of Director shall have free
entry into areas covered by a license agreement
No prospecting, location, exploration, utilization or exploitation of mineral resources
inside forest concessions shall be allowed unless proper notice has been served upon
the licensees thereof and prior approval of the Director is secured.

 Mineral reservations which are not subject of mining operations or where operations
have been suspended for more than five years shall be placed under forest
management by the Bureau.
Mineral operations which were terminated due to exhaustion of minerals shall revert to
the category of forest land, unless otherwise reserved for other purposes.
Forestlands utilized for pasture shall be maintained with sufficient grass cover to protect
soil water and other forest resources
Bureau shall identify and provide for the protection of scenic areas in all forest lands
potentially valuable for recreation and tourism
Forest lands may be leased for a period not exceeding 25 years and renewable for
another 25 years.

SERVICE CONTRACTS
In national interest, the secretary may allow forest products licensees, lessees, or or
permittees to enter into service contracts for financial, technical, management or other
forms of assistance with foreign entity or person.
DENR secretary is authorized to negotiate and enter into for and in behalf of the
government for a period of 25 years and renewable for another period not exceeding 25
years

CRIMINAL OFFENSES AND PENALTIES

Two distinct offenses under section 68 (as amended by EO 277, duly 25, 1987)
Cutting, gathering, collecting and removing timber or other forest products from any
forest land or timber from A & D or from private land without any authority;

 Legality can be raised as a defense by showing/presenting the authorization or

permit issued by DENR
Possession of timber or other forest products without the legal documents required
under existing forest laws and regulations.
Immaterial if source legal or not. Mere possession of forest products without the
proper documents consummates the crime. Mala Prohibitum
Prior to the amendment, violation of Section 68 is punished as qualified theft. But with
the introduction of EO 277 the offenses now constitute distinct offense, independent
form the crime of theft under Articles of 309 and 310
DENR has jurisdiction over the confiscation of forest products
Items confiscated are beyond reach of replevin

Property lawfully taken by virtue of legal process is deemed to be in custodial legis

 Unlawful occupation or destruction of forest lands including those who assist, aid or
abet or set a fire or negligently permit a fire to be set, upon conviction shall be fined in
an amount of not less than Php500 nor more than Php20,000 and imprisonment for not
less than 6 months nor more than 2 years for each offense and be liable to the payment
of 10 times the rental fees and other charges which would have been accrued had the
occupation and use of the land been authorized.
Pasturing livestock without authority shall be imprisoned for not less than 6 months nor
more than 2 years and a fine equal to 10 times the regular rentals due in addition to the
confiscation of such livestock and all improvements introduced.
Illegal occupation of national parks system and recreation areas and vandalism therein
shall be fined not less than Php200 or more than Php500 exclusive of the valude of the
thing damaged. If the area requires rehabilitation or restoration as determined by the
Director, the offender shall also be required to resotre or compensate for the restoration
of the damage.

 Imprisonment for not less than 2 nor more than 4 years in addition to the confiscation
of the implements used in survey by unauthorized person
Any public officer or employee who knowingly surveys, classifies or recommends the
release of forest land contrary to criteria and standards established shall be dismissed
from service after appropriate admin proceeding, with prejudice to re-employment and
upon conviction by court of competent jurisdiction, suffer an imprisonment of not less
than 1 year and a fine not less than Php1,000 .
Forest officer or employee of the Bureau shall arrest even without warrant any person
who has committed or is committing in his presence any of the offenses defined under
the code.
Arresting officer shall thereafter deliver within 6 hours from the time of arrest and
seizure the offender and the confiscated forest products, tools and equipment and file
the proper complaint with appropriate official designated by law to conduct preliminary
investigation and file information in court,

 If arrest and seizure are made in the forests, far from authorities, filing shall be done
within a reasonable time sufficient for ordinary travel form the place of arrest to the
place of delivery.

Seizure without warrant was held to be valid exercise of power vested upon forest
officer on moving vehicles.