REVISED FORESTRY
plants shall be encouraged and
CODE (P.D. 705)
WHAT IS THE REVISED FORESTRY
CODE?
AS A LAW
governs the management and utilization
of forestlands
REPEALED
P.D. 389 (Forestry Reform Code), CA
No. 452 or the “Pasture Land Act” and
all other laws, orders, rules and
regulations or any part thereof which are
inconsistent therewith.
EMPHASIS
utilization of forest resources but more
so on the protection, rehabilitation and
development of forest lands, in order to
ensure the continuity of their productive
condition.
INSTITUTES
the proper classification and delimitation
of the lands of public domain and the
management, utilization, protection,
rehabilitation, and development of
forestlands.
SECTION 2: STATE POLICY (MLEP)
 Multiple uses of forestlands shall be
oriented to the development and
progress requirements of the
country, the advancement of science
and technology, and the public
welfare;
 Land classification and survey shall
be systematized and hastened;
 Establishment of wood-processing
rationalized;
 Protection, development and
rehabilitation of forestlands shall be
emphasized so as to ensure their
continuity in productive condition.
SEC.3 DEFINITION OF TERMS – book
ORGANIZATIONAL STRUCTURE
DENR mandate: “It is the policy of the State
to ensure, for the benefit of the Filipino
people, the full exploration and development
as well as the judicious disposition,
utilization, management, renewal, and
conservation of the country’s forest, mineral
land, waters, fisheries, wildlife, off-shore
areas and other natural resources,
consistent with the necessity of maintaining
a sound ecological balance and protecting
and enhancing the quality of the
environment and the objective of making the
exploration, development, and utilization of
such natural resources equitably accessible
to the different segments of the present as
well as future generations.”
DENR shall:
 assure the availability and
sustainability of the country’s natural
resources through judicious use and
systematic restoration or
replacement
 increase the productivity of natural
resources
Sec. 4 of EO No. 192 DENR shall be the
primary government agency responsible for:
 conservation, management,
development and proper use of the
country’s environment and natural
resources
 licensing and regulation of all natural
resources as may be provided for by
law

Can the courts interfere with the policies
determined by the executive branch on
the proper management of forest
resources?
No. The courts will not interfere in matters
which are addressed to the sound discretion
of government agencies entrusted with the
regulation of activities
Is LGU’s authority to manage and control
communal forests within their territorial
jurisdiction absolute?
No. It is subject to supervision, control and
review of the DENR.
Forestlands, although under the
management of the DENR, are not exempt
from the territorial application of municipal
laws, for local government units legitimately
exercise their powers of government over
their defined territorial jurisdiction.
FOREST MANAGEMENT BUREAU
the Bureau of Forestry, the Reforestation
Administration, the Southern Cebu
Reforestation Development Project, and the
Parks and Wildlife Office, including
applicable appropriations, records,
equipment, property and such personnel as
may be necessary, have been merged into
a single agency known as the Forest
Management Bureau (formerly Bureau of
Forest Development)
Who is the head/heads of the FMB? Who
appoints such head/heads?
The Bureau is headed by a Director, who is
assisted by one or more Assistant Directors.
They are appointed by the president.
SUPERVISION - Who supervises the
FMB?
The Bureau is directly under the control and
supervision of the DENR Secretary. Upon
recommendation of the Director of Forest
Development, he shall promulgate rules and
regulations necessary to implement the
provisions of the Code.
REVIEW – who reviews the actions and
decisions of the Bureau Director?
Such actions are subject to review, motu
proprio or upon appeal of any person
aggrieved thereby, by the DENR Secretary.
DENR SECRETARY’S DECISION – WHEN
FINAL AND EXECUTORY
After the lapse of 30 days from receipt by
the aggrieved party of said decision
XPN: unless appealed to the President in
accordance with EO No. 19, s of 1966.
Can the DENR Secretary’s decision be
reviewed by the courts?
It may not be reviewed by the courts except
through a special civil action for certiorari or
prohibition.
In cases of controversy – who should
rule in first instance?
DENR should be allowed to rule in the first
instance on any controversy coming under
its express powers before the courts of
justice may intervene.
The doctrine of exhaustion of administrative
remedies calls for resort first to the
appropriate administrative authorities in the
resolution of a controversy falling under
their jurisdiction before the same may be
elevated to the courts of justice for review.
Finality of administrative decisions

The decisions and orders of administrative

agencies have, upon their finality, the force
and binding effect of a final judgment within
the purview of the doctrine of res judicata.

What are laches?

The 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 a reasonable time, warranting
a presumption that the party entitled thereto
has either abandoned it or declined to
assert it.

Sec. 5 Jurisdiction of the FMB

all forestlands, grazing lands, all forest

reservations including watershed
reservations presently administered by
other government agencies or
instrumentalities. They are beyond the
power and jurisdiction of the courts to
register under the Torrens system.

Duties of the FMB:

protection, development,
management, regeneration, and
reforestation of forest lands;
regulation and supervision of the
operation of licensees, lessees and
permittees for the taking or use of
forest products therefrom or the
occupancy or use thereof’
implementation of multiple use and
sustained yield management in
forest lands; the protection,
development and preservation of
national parks, marine parks, game
refuges and wildlife;
CHAPTER 3- REVISED FORESTRY CODE

UTILIZATION AND MANAGEMENT

 Utilization, exploitation, occupation and possession of forest lands and other resources
shall be allowed (sec.19), provided:
 It will produce optimum benefits to public welfare
 No impairment or with the least injury
 Preservation and protection of forest-adherence to public policy. Hence, Revised
Forestry Code
 Preservation of Forest = survival of human beings; beyond survival-responsibility
 INTER-GENERATIONAL RESPONSIBILITY
o Every generation, while enjoying the right to a balanced and healthful
ecology, has the responsibility to preserve and protect the environment for
the enjoyment of the future generations, generations yet unborn
o Oposa vs. Factoran (Davide Jr., J)
 Taxpayer’s class suit by minors Juan Antonio Oposa, et al., representing
their generation and generations yet unborn, and represented by their
parents against Fulgencio Factoran Jr., Secretary of DENR.
 Cancel Timber Licensing Agreements & Cease and Desist from issuing
TLA (TLA allows deforestation)
 TLA violates Section 16, Article II of the Constitution (right to balanced
and healthful ecology)
 Other effects: Reduction of Earth’s capacity to process carbon gases
which results to global warming (emphasize this one, according to
Justice A)

RULING

 Timber Licensing Agreements violate the rights of the citizens to

balanced and healthful Ecology
 State (DENR) has the duty to protect these rights.
 Said right carries with it the correlative duty to refrain from impairing the
environment and implies, among other things, the judicious management
and conservation of the country’s forests

 TIMBER LICENSING AGREEMENTS

o Government instrumentality to regulate utilization, and disposition of forest
resources (license to harvest)
o Privilege; does not create irrevocable rights (government may withdraw TLA
anytime)
o Maximum: 25 years, renewable for a period not exceeding 25 years
 o TIMBER LICENSE AS A PRIVILEGE (CASES)

o TAN VS. DIRECTOR OF FORESTRY

 April 1961- public bidding for a certain tract of public forest land situated
in Zambales consisting of 6,420 hectares; area was granted to the
petitioner
 Sec. Gozon issued General Memorandum Order No. 46 (Authority of
Director of Forestry to issue Ordinary Timber Licenses maximum: 3000
hectares)
 New Sec. Feliciano revoked the delegated authority (GMO No. 60) dated
December 19, 1963
 Tan’s OTL was issued on December 19, 1963; signed without the
approval of the Secretary of the Agriculture and Natural Resources
 1964- Ravago Commercial Co. wrote a letter to the Secretary praying for
the revocation of Tan’s OTL
 Secretary Feliciano declared Tan’s OTL void ab initio and ordered him to
stop his logging operations. Tan filed a complaint before the Court

RULING

 Tan’s Ordinary Timber License not valid

 Void (issued without authority) and excessive (maximum is 3000
hectares but Director granted him 6420 ha)
 “The terms and conditions of this license are subject to change at
the discretion of the Director of Forestry, and that this license
may be made to expire at an earlier date, when public interests
so require” (Sec27)

o REPUBLIC VS PAGADIAN CITY TIMBER CO

 1994- Petitioner and respondent (DENR) executed Industrial Forest
Management Agreement (IFMA) authorizing petitioner to utilize, develop
and manage 1999.4 hectares of land in Zamboanga del Sur.
 1995- Comprehensive Development and Management Plan (CDMP) of
PTC was approved by the DENR
 1998- DENR received complaints from the members of Subanen Tribe;
created a team to evaluate and assess IFMA
 Assessment revealed that petitioner failed to comply with the CDMP
 License was cancelled; petitioner filed a complaint, won in the appellate
court
 RULING

 IFMA is a license agreement not a contract under PD 705 to which it

defines a license as “a privilege grated by the state to a person”. Even
assuming IFMA is a contract, the alleged property rights are not absolute
 Private rights must yield when they conflict with public rights

 REFORESTATION

o Licensee shall reforest all the areas which shall be determined by the bureau (sec.
27, RFC)
o Lands to be reforested
 bare or grass covered tracts of forest lands with AT LEAST 50%SLOPE
 bare or grass covered tracts of forest lands with less than 50% (erodible soil)
 brushlands or tracts of forest lands covered with brush which need to
be developed to increase their productivity
 Open tracts of forest lands interspersed with patches of forest
 Denuded or inadequately –timbered areas proclaimed by the President as
forest reserves and reservations as critical watersheds, national parks, game
refuge, bird sanctuaries, national shrines, national historic sites
 inadequately-stocked forest lands within forest concessions
 portions of areas covered by pasture leases or permits having a slope of at
least 50%
 riverbanks, easements, road rights-of-ways, deltas, swamps, former river
beds and beaches

 FOREST PROTECTION

o REGULATION OF TIMBER UTILIZATION IN OTHER CLASSES OF LANDS

o Requires License
o Reason: to prevent them from being used as shelters for excessive and
unauthorized harvest
 Alienable and Disposable Lands
 Private Lands
 Civil Reservations
 Those Under the Jurisdiction of Government Agencies

o SWAMPLANDS AND MANGROVE FORESTS: not subject to clear-cutting

operations
o Reason: protection of shoreline and coastal communities from high winds and
typhoons
o MINING RESERVATIONS
o Mineral reservations where mining operations have been terminated due to
exhaustion of resources shall revert to the category of forest land; governing law
will be the Revised Forestry Code(Sec.48)

o VISITORIAL POWER- Department Head, Director or Agent (examine compliance

with the license, law and other policies)
o FREE ENTRY- Department Head, Director Government Officials or Employees in the
performance of their duties

o SPECIAL USES
 Pasture Purposes- as long as the land is less than 50% slope and
maintained with grass and water
 Wildlife- as a forest resource, may be killed, destroyed, consumed, eaten
without permit
-for protection of life, health, safety, property and for the
convenience of the people

 Recreation- DENR shall be responsible for the protection and

development of the scenice areas which could be used for tourism
purposes.
QUALIFICATIONS
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
development measures to insure the
perpetuation of said forest in productive
condition.
SECTION 61. Transfers. – Unless
authorized by the Department Head, no
licensee, lessee, or permittee may transfer,
exchange, sell or convey his license
agreement, license, lease or permit, or any of
his rights or interests therein, or any of his
assets used in connection therewith.
The licensee, lessee or permittee shall be
allowed to transfer or convey his license
agreement, license, lease or permit only if
the license, lease or permit has been in
existence for at least three (3) years; the
licensee, lessee or permittee has not violated
any forestry law, rule or regulation and has
been faithfully complying with the terms
and conditions of the license agreement,
license, lease or permit: the transferee has all
the qualifications and none of the
disqualifications to hold a license
agreement, license, lease or permit; there is
no evidence that such transfer or conveyance
is being made for purposes of speculation;
and the transferee shall assume all the
obligations of the transferor.
As used in this section, the term “assets”
shall not include cattle and other livestocks
or animals raised in grazing lands and forest
lands, and planted trees and other products
raised in industrial tree plantations, tree
farms and agro-forestry farms.
SECTION 62. Service Contracts. – The
Department Head, may in the national
interest, allow forest products licensees,
lessees, or permittees to enter into service
contracts for financial, technical,
management, or other forms of assistance, in
consideration of a fee, with any foreign
person or entity for the exploration,
development, exploitation or utilization of
the forest resources, covered by their license
agreements, licenses, leases or permits.
Existing valid and binding service contracts
for financial, technical, management or
other forms of assistance are hereby
recognized as such.
SECTION 63. Equity Sharing. – Every
corporation holding a license agreement,
license, lease or permit to utilize, exploit,
occupy or possess any forest land, or
conduct any activity therein, or establish and
operate a wood-processing plant, shall
within one (1) year after the effectivity of
this amendatory Decree, formulate and
submit to the Department Head for approval
a plan for the sale of at least ten percent
(10%) of its subscribed capital stock in favor
of employees, laborers and the general
public.
The plan shall be so implemented that the
sale of the shares of stocks shall be effected
by the corporation not later than the sixth
year of its operation, or the first year of
effectivity of the amendatory Decree, if the
corporation has been in operation for more
than five (5) years prior to such effectivity.
No corporation shall be issued any license
agreement, license, lease or permit after the
effectivity of this amendatory Decree, unless
it submits such a plan and the same is
approved for implementation within the
sixth year of its operation.
Service Contracts
The Secretary may, in the national interest,
allow forest products licensees, lessees, or
permittees, to enter into service contracts in
consideration of a fee, with any foreign
person or entity for the exploration,
development, exploitation or utilization of
forest resources.
Criminal Offenses and Penalties
Sec. 68 PD 705 as amended by EO no. 277
Punished under the Articles
309-310 of the RPC
People V. Que
(1) Cutting, gathering,
collecting and removing
timber or other forest
products from any forest
land, or timber from
alienable or disposable
public land, or from
private land without any
authority; and
(2) Possession of timber or
other forest products
without the legal
documents required under
existing forest laws and
regulations.
In the first offense, one can raise as a
defense the legality of the acts of cutting,
gathering, collecting or removing timber or
other forest products by presenting the
authorization issued by the DENR. In the
second offense, however, it is immaterial
whether the cutting, gathering, collecting
and removal of the forest products is legal or
not. Mere possession of forest products
without the proper documents consummates
the crime. Whether or not the lumber comes
from a legal source is immaterial because
E.O. 277 considers the mere possession of
timber or other forest products without the
proper legal documents
as malum prohibitum.
Mustang Lumber V CA
The owner of Mustang Lumber was charged
with violation of the Forestry Reform Code.
Mustang lumber moved to quash the
information on the ground that the facts
comprising the charge did not amount to a
criminal offense (subject matter of the
information is “lumber”, which is neither
“timber” nor “other forest product” under
Forestry Reform Code and hence,
possession thereof w/o the required legal
documents is not prohibited) and to suspend
the proceedings pending the outcome of the
formal challenge of Mustang Lumber
regarding the legality of the seizure.
Lengthy discussion on the meaning of
“lumber”. But SC held that the information
validly charged an offense because lumber is
included in the term “timber”.
Unlawful Occupation of Destruction of
Forest Lands
 Any person who enters, occupies or timber or any other natural resources..he
possesses, or makes kaingin for his own defaced
private use or for others any forest land
without authority under a license Fine: P200 –more than P500 exclusive of
agreement, lease or permit the value of the thing damaged.

Next Slide:… In case the offender is Area needs rehad… he shall be liable for it.
found to be guilty of kaingin
Hunt, kill or capture any animal the penalty
is the same..
PS (Eviction)
Immediate eviction..
If the offender is a public official or
Survey by Unauthorized Persons
employee, in addition to the penalties, he
shall in addition to the above penalties Any person who shall, without permit to
be deemed automatically dismissed from survey from the director, enters forest lands
office and permanently disqualified from
and conduct a survey for whatever purpose.
holding any elective or appointive
position. Imprisonment: not less than 2 nor more
than 4 years.
Pasturing Livestock
Confiscation of Implements used in the
Any person who shall, without authority
violation of this section.
cause to graze livestock in forest lands,
grazing lands or alienable lands which have Misclassification and Survey by
not as yet been disposed of in accordance government official or employee.
with the public Land Act.
Any public officer who knowingly
Imprisonment: Not less than six months surveys, classifies or recommends the
nor more than 2 years. release of forest lands as alienable and
disposable lands contrary to criteria and
Fine: 10x the regular rentals due.
standards established in the Code.
Confiscation: of livestock and all the
Dismissed from service with prejudice to
improvements introduced in the area in
reemployment
favor of the government.
Imprisonment: not less than 1 year.
Illegal Occupation of national system and
recreation areas and vandalism therein. Fine: 1,000
Any person who shall, without permit, The survey, classification or release of
occupy for any length of time any portion of forestlands shall be null and void.
the national parks system or shall, in any
manner, cut, destroy, damage or remove
Arrest

Arrest without warrant is valid.

Delivery him and confiscated materials

within 6 hours.

If far- longer time.

Reports will be immediately investigated by

the forest officials .. The investigation is
administrative in nature and not govern by
the rules on criminal procedure.

Search and Seizure without warrant.

Moving Vehicle

People vs Que and Mustang Lumber v CA

Forest Products confiscated upon the

authority of the DENR Secretary is
beyond the reach of replevin.

-Custodia Legis.