New Era University

College of law
Law on Natural Resources
Course Syllabus
by
Atty. Alma delos Reyes-Lanzo

References:

Philippine Law on Natural Resources, Prof. Narciso Pena,

1987 Constitution, Article XII, Sec. 2

Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural lands, all other natural resources
shall not be alienated. The exploration, development, and utilization of natural resources shall be under
the full control and supervision of the State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or
corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five
years, and under such terms and conditions as may be provided by law. In cases of water rights for
irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial
use may be the measure and limit of the grant.

The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens,
as well as cooperative fish farming, with priority to subsistence fishermen and fishworkers in rivers, lakes,
bays, and lagoons.

The President may enter into agreements with foreign-owned corporations involving either
technical or financial assistance for large-scale exploration, development, and utilization of minerals,
petroleum, and other mineral oils according to the general terms and conditions provided by law, based
on real contributions to the economic growth and general welfare of the country. In such agreements, the
State shall promote the development and use of local scientific and technical resources.
The President shall notify the Congress of every contract entered into in accordance with this provision,
within thirty days from its execution.

Special Environmental Laws and others (as indicated)

I. INTRODUCTION

A. Concept of Natural Resources

1. Regalian Doctrine
>” Land Rights, Land Law and Land Usurpation: The Spanish Era (1565-1898),
Prof. Owen Lynch, 63, Philippine Law Journal

The Doctrine is a legal fiction based on the belief that in 1521, when Magellan planted the
Spanish flag on Mactan Island, he simultaneously declared Spanish King's ownership of all the still
unexplored and politically archipelago. Contrary to this prevailing belief, however, neither the Pope, the
King, nor Magellan purported to usurp unilaterally all of the customary rights, or even the sovereign rights,
of the natives.73 It appeared that all that was after were trade rights.74 Some writers would in fact argue
that the colonial authority did not extend the implementation of this theory to its "possessions in the Far
East, i.e., the Philippines, but actually recognized legal ownership by indigenous communities.

Nonetheless, it was clear that by 1898, the Spanish colonial government had institutionalized the
concept of the Crown, owning all lands not registered or titled in the name of private parties.

As a result of the application of the Regalian Doctrine, the claims of indigenous cultural
communities to their ancestral domain became contingent on the generosity colonial sovereign expressed
through royal grants. The American colonial or insular government more or less adopted the same
position.The only significantdifference was the substitution of the State for the Crown.

>” The Regalian Doctrine: Whither the Vested Rights?”, Atty. Antoinette G. Royo,
Philippine Natural Resources Law Journal

The Regalian Doctrine holds that when Magellan "discovered" the archipelago in 1521, local
sovereignty ended and all natives became squatters on the land of the Spanish crown. Even today, the
official view is that all lands not covered by documents of title are presumed to be owned by the state
Later decrees modified this to some extent, such as a Royal Decree of 1754 which stated that
"justified long and continuous possession" by local populations entitled them to title of cultivated land.
Through the American colonial period state rights were asserted forcefully, with over 90% of the nation's
land classified as government-owned.

Parenthetically, has not been the first time that the private character of property rights of
indigenous peoples had been recognized. Various laws during the Spanish Colonial Period specifically
ensured recognition of even undocumented property rights of the ‘natives’.

By historical accident, Philippine society found itself governed by two sets of laws: the national
written law and the customary unwritten tribal law. The Western-oriented national written law was a by-
product of long of subjugation of the archipelago by Western colonial powers, namely.:Spain and the
United States of America. Majority of the people in the islands succumbed to the systems imposed by the
colonizers, hence the predominance of Western' oriented laws in Philippine society.'"' Those who resisted
colonial influence and adhered to indigenous customs and traditions became what are now called
indigenous cultural communities or tribal Filipinos.

The heart of the ancestral domain problem lies in the conflict between customary law and the
national law on the ownership and use of The national law governing lands of the public domain was
found upon the Western legal fiction called "Regalian Doctrine." This feudal theory also known as jura
Regalia, was first introduced by the Spaniards into the country through the Laws of the Indies and the
Royal Cedulas. Later, it was adopted by the North American colonizers through the Public Land Acts the
judiciary in administering the country. Eventually, the doctrine became entrenched in the Constitution. An
unpublished 1921 decision of the Supreme Court defined the Doctrine in this manner:

The regalian theory may be defined as the prerogative of the king, or the right which the
king claims, in the property of private persons. The doctrine had its origin in the autocratic
government of kings, and has been perpetuated in other kingdoms and other forms of autocratic
government through the same influence. Its origin antedates any organized system of general
taxation by which the people are required tc pay all expenses of the government. It has its origin
in the fact that kings were obliged to personally furnish the sinews of war and funds for thE
general administration of the government, in order that they, in times of stress, might· adequately
protect.their dignity and their realm. The rich minerals of the realm, being real and tangible
treasures, were at once set aside as the patrimony of the king by virtue of this prerogative.

Customary law has a strong preference for communal ownership, which could either be
ownership by a group of individuals or families who are related by blood or by marriage, or ownership by
residents of the same locality who may not be related by blood or by marriage. The term "communal
ownership" is distinct from the civil code concept of co-ownership ·and the corporation law's notion of
corporate ownership. The system of communal ownership under customary law draws its meaning from
the subsistence and highly collectivized mode of economic production.

In contrast, the national law favors individual ownership. The basic law governing the. disposition
of public lands itself speaks of individual homesteads and patent titles and does not mention collective
grantees. Even co-ownership, although a legitimate collective mode of ownership, is frowned upon by the.
Civil Code, as shown by its numerous provisions partial partition of. the co-ownership. Likewise, corporate
ownership under the general corporation law is heavily regulated to terminate at the happening of certain
conditions or after the expiration of a certain period of time. After all, individual ownership is highly
compatible with the latent purpose of national land registration law which is to facilitate the transfer of
ownership of land. With these, it becomes easy to understand why the customary system of communal
ownership, while not prohibited under the national is not expressly recognized either. As far as the
national law is concerned perpetual tenure to the land usually belongs to the individual as against the end
principle in customary law that perpetual tenure to the land usually to its collective occupants nationally.

Unless and until the disjunction between the national law and the customary law on land is
bridged, tribal Filipinos who comprise at least ten percent of the nation's population, will remain unjustly
threatened with cultural and economic annihilation. Duly noted is the fact that government-sanctioned
ancestral land grabbing has been primarily responsible for ethnocide in the country.The more alarming
dimension to the problem, however, is that the 'magnitude and effects of ancestral land usurpation are not
widely known. A national problem like the loss of an entire heritage can only be solved but how can one
involve the great majority in tackling the ancestral land problem when it remains enmeshed in the
distorted belief indigenous culture is inferior? But by far, the biggest blow to the integrity of indigenous
cultural communities is the failure of the national legal system to recognize traditional tenure to ancestral
lands.

*Carino vs. Insular Government, 41 Phil 935 (1909)

HELD: the U.S. Supreme Court reversed the decision held by the Philippine Supreme Court. Mateo
Cariño cannot be deprived of his land simply because he failed to comply with the formalities required by
the Spanish law (or by a Philippine law). Cariño’s title, which he acquired from his ancestors predates, by
more than 50 years, the establishment of the American government in the Philippines (in fact, even
before the establishment of the Spanish government in the Philippines).
 Under the Constitution: “no law shall be enacted in said islands which shall deprive any person of
life, liberty, or property without due process of law, or deny to any person therein the equal protection of
the laws.” The term “any person” includes the natives (in this case, the Igorots). All lands held under
private ownership during the Spanish era shall therefore be presumed to be such. Failure to register
under Spanish Law did not revert said lands to the public domain.

>”Confusion in the Courts: The Misinterpretation of Carino”, Atty. Dante Gatmaytan, Philippine Natural
Resources Law Journal

Cariño was decided in favor of the claimant not only because of the explicit provision in the
Philippine Bill of 1902 directing the United States government to administer the Philippines for the benefit
of its inhabitants. The underlying theme in the entire decision is the inherent fairness in recognizing the
title of indigenous peoples against the claims of a succeeding sovereign. Justice Holmes rejected the
position that both Spain and the United States had title to all lands in their territories as they had in the
American continents simply by asserting sovereignty, and without actual occupation of these lands.

2. Definition

The State's authority to exercise rights over the lands of the archipelago does not only spring from its
possession as sovereign (imperium), but by its presumed ownership (dominium) of the entire Philippine
territory.

3. Modes of exploration, development and utilization of natural resources

Four (4) modes of Exploration, Development and Utilization of Natural Resources (Shall be under
the full control and supervision of the State)

I. The state may directly undertake such activities

II. The state may enter into co-production, joint venture and production sharing
arrangement with

a. Filipino citizen
b. Corporation or association at least 60% of whose capital is owned
by such citizen.
 It should not exceed 25 years, renewable for not more than 25 years

III. Congress may, by law, authorize small-scale utilization of natural resources by Filipino citizen;
(Congress may also authorize cooperative fish farming, with priority to subsistence fishermen and
fish- workers in rivers, lakes, bays, and lagoons.)

IV. The President may enter into agreements with foreign owned corporations involving either
technical or financial assistance for large-scale EDU of minerals, petroleum, and other mineral oils

 It should be based on real contributions to the economic growth and general

welfare of the country
 In such agreements, the State shall promote the development and use of local
scientific and technical resources.
 The President shall notify the Congress of every contract entered under this
provision, within 30 days from its execution.
 Management and service contracts are not allowed under this rule
 Large-scale EDU pertains to area covered and not the amount of
investment.

a. Lands - a portion of the earth's solid surface distinguishable by boundaries or ownership and
containing all its natural resources

b. Water - refers to water under the grounds, water above the ground, water in the atmosphere and
the waters of the sea within the territorial jurisdiction of the Philippines.

c. Forest - a large area of land covered by trees and other plants growing close together

d. Air - the invisible gaseous substance surrounding the earth, a mixture mainly of oxygen and
nitrogen

e. Minerals- all naturally occurring inorganic substance in solid, gas, liquid, or any intermediate state
excluding energy materials such as coal, petroleum, natural gas, radioactive materials, and
geothermal energy.

f. Flora and Fauna - refers to the plants and animals of an environment

g. Fish - gill-bearing aquatic craniate animals that lack limbs with digits. They form a sister group to
the tunicates, together forming the olfactores. Included in this definition are the living hagfish,
lampreys, and cartilaginous and bony fish as well as various extinct related groups
 h. Wildlife/Animals - wild forms and varieties of flora and fauna, in all developmental stages,
including those which are in captivity or are being bred or propagated

i. others

II. AUTHORITY/SOURCE OF POWER IN ALLOCATION OF NATURAL RESOURCES

A. Congress
1987 Constitution, Article XII, Sec.4
SEC. 4. The Congress shall, as soon as possible, determine by law the specific limits of forest
lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest
lands and national parks shall be conserved and may not be increased nor diminished, except by
law. The Congress shall provide, for such period as it may determine, measures to prohibit
logging in endangered forests and watershed areas.
Republic Act (RA) 7586 or the National Integrated Protected Areas System (NIPAS) Act. Sec. 5
Section 5. Establishment and Extent of the System – The establishment and operationalization of the
System shall involve the following:
1. All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law,
presidential decree, presidential proclamation or executive order as national park, game refuge, bird and
wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove reserve, fish sanctuary,
natural and historical landmark, protected and managed landscape/seascape as well as identified virgin
forests before the effectivity of this Act are hereby designated as initial components of the System. The
initial components of the System shall be governed by existing laws, rules and regulations, not
inconsistent with this Act;
2. Within one (1) year from the effectivity of this Act, the DENR shall submit to the Senate and the House
of Representatives a map and legal descriptions or natural boundaries of each protected area initially
comprising the System. Such maps and legal description shall, by virtue of this Act, constitute the official
documentary representation of the entire System, subject to such changes as Congress deems
necessary;
3. All DENR records pertaining to said protected areas, including maps and legal descriptions or natural
boundaries, copies of rules and regulations governing them, copies of public notices of, and reports
submitted to Congress regarding pending additions, eliminations, or modifications shall be made available
to the public. These legal documents pertaining to protected areas shall also be available to the public in
the respective DENR Regional Offices, Provincial Environment and Natural Resources Offices (PENROs)
and Community Environment and Natural Resources Offices (CENROs) where NIPAS areas are located;
4. Within three (3) years from the effectivity of this Act, the DENR shall study and review each area
tentatively composing the System as to its suitability or non-suitability for preservation as protected area
and inclusion in the System according to the categories established in Section 3 hereof and report its
findings to the President as soon as each study is completed. The study must include in each area:
1. A forest occupants survey;
2. An ethnographic study;
3. A protected area resource profile;
4. Land use plans done in coordination with the respective Regional Development Councils; and
5. Such other background studies as will be sufficient bases for selection.
The DENR shall:
1. Notify the public of proposed action through publication in a newspaper of general
circulation, and such other means as the System deems necessary in the area or areas in the
vicinity of the affected land thirty (30) days prior to the public hearing;
i. Conduct public hearings at the locations nearest to the area affected;
ii. At least thirty (30) days prior to the date of hearing, advise all Local
Government Units (LGUs) in the affected areas, national agencies concerned,
people’s organizations and non-government organizations and invite such
officials to submit their views on the proposed action at the hearing not later
than thirty (30) days following the date of hearing; and
iii. Give due consideration to the recommendations at the public hearing; and
provide sufficient explanation for his recommendations contrary to the general
sentiments expressed in the public hearing;
2. Upon receipt of the recommendations of the DENR, the President shall issue a presidential
proclamation designating the recommended areas as protected areas and providing for
measures for their protection until such time when Congress shall have enacted a law finally
declaring such recommended areas as part of the integrated protected area systems; and
3. Thereafter, the President shall send to the Senate and the House of Representatives his
recommendations with respect to the designations as protected areas or reclassification of
each area on which review has been completed, together with maps and legal description of
boundaries. The President, in his recommendation, may propose the alteration of existing
 boundaries of any or all proclaimed protected areas, addition of any contiguous area of public
land of predominant physical and biological value. Nothing contained herein shall limit the
President to propose, as part of his recommendation to Congress, additional areas which
have not been designated, proclaimed or set aside by law, presidential decree, proclamation
or executive orders as protected area/s.
B. President of the Philippines
1987 Constitution, Article XII Section 2
xxThe President may enter into agreements with foreign-owned corporations involving either
technical or financial assistance for large-scale exploration, development, and utilization of minerals,
petroleum, and other mineral oils according to the general terms and conditions provided by law, based
on real contributions to the economic growth and general welfare of the country. In such agreements, the
State shall promote the development and use of local scientific and technical resources.
C. DENR
Executive Order (EO) No. 192, Series of 1987. Sec.4
SECTION 4. Mandate. The Department shall be the primary government agency responsible for the
conservation, management, development and proper use of the country’s environment and natural
resources, specifically forest and grazing lands, mineral resources, including those in reservation and
watershed areas, and lands of the public domain, as well as the licensing and regulation of all natural
resources as may be provided for by law in order to ensure equitable sharing of the benefits derived
therefrom for the welfare of the present and future generations of Filipinos.
To accomplish its mandate, the Department shall be guided by the following objectives that will serve as
basis for policy formulation:
(a) Assure the availability and sustainability of the country’s natural resources through judicious
use and systematic restoration or replacement, whenever possible;
(b) Increase the productivity of natural resources in order to meet the demands for forest, mineral,
and land resources of a growing population;
(c) Enhance the contribution of natural resources for achieving national economic and social
development;
(d) Promote equitable access to natural resources by the different sectors of the population;
(e) Conserve specific terrestrial and marine areas representative of the Philippine natural and
cultural heritage for present and future generations.

D. Local Government Units

RA 7160 or the Local Government Code of 1991, Secs.16&17
Section 16. General Welfare. - Every local government unit shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its
efficient and effective governance, and those which are essential to the promotion of the general welfare.
Within their respective territorial jurisdictions, local government units shall ensure and support, among
other things, the preservation and enrichment of culture, promote health and safety, enhance the right of
the people to a balanced ecology, encourage and support the development of appropriate and self-reliant
scientific and technological capabilities, improve public morals, enhance economic prosperity and social
justice, promote full employment among their residents, maintain peace and order, and preserve the
comfort and convenience of their inhabitants.
Section 17. Basic Services and Facilities. -
(a) Local government units shall endeavor to be self-reliant and shall continue exercising the
powers and discharging the duties and functions currently vested upon them. They shall also
discharge the functions and responsibilities of national agencies and offices devolved to them
pursuant to this Code. Local government units shall likewise exercise such other powers and
discharge such other functions and responsibilities as are necessary, appropriate, or incidental to
efficient and effective provisions of the basic services and facilities enumerated herein.
(b) Such basic services and facilities include, but are not limited to, the following:
(1) For Barangay:
(i) Agricultural support services which include planting materials distribution system and operation
of farm produce collection and buying stations;
(ii) Health and social welfare services which include maintenance of barangay health center and
day-care center;
(iii) Services and facilities related to general hygiene and sanitation, beautification, and solid waste
collection;
(iv) Maintenance of katarungang pambarangay;
(v) Maintenance of barangay roads and bridges and water supply systems;
(vi) Infrastructure facilities such as multi-purpose hall, multipurpose pavement, plaza, sports
center, and other similar facilities;
(vii) Information and reading center; and
(viii) Satellite or public market, where viable;
(2) For a Municipality:
(i) Extension and on-site research services and facilities related to agriculture and fishery activities
which include dispersal of livestock and poultry, fingerlings, and other seedling materials for
aquaculture; palay, corn, and vegetable seed farms; medicinal plant gardens; fruit tree, coconut,
and other kinds of seedling nurseries; demonstration farms; quality control of copra and
improvement and development of local distribution channels, preferably through cooperatives;
interbarangay irrigation system; water and soil resource utilization and conservation projects; and
enforcement of fishery laws in municipal waters including the conservation of mangroves;
(ii) Pursuant to national policies and subject to supervision, control and review of the DENR,
implementation of community-based forestry projects which include integrated social forestry
programs and similar projects; management and control of communal forests with an area not
exceeding fifty (50) square kilometers; establishment of tree parks, greenbelts, and similar forest
development projects;
(iii) Subject to the provisions of Title Five, Book I of this Code, health services which include the
implementation of programs and projects on primary health care, maternal and child care, and
communicable and non-communicable disease control services, access to secondary and tertiary
health services; purchase of medicines, medical supplies, and equipment needed to carry out the
services herein enumerated;
(iv) Social welfare services which include programs and projects on child and youth welfare, family
and community welfare, women's welfare, welfare of the elderly and disabled persons; community-
based rehabilitation programs for vagrants, beggars, street children, scavengers, juvenile
delinquents, and victims of drug abuse; livelihood and other pro-poor projects; nutrition services;
and family planning services;
(v) Information services which include investments and job placement information systems, tax
and marketing information systems, and maintenance of a public library;
(vi) Solid waste disposal system or environmental management system and services or facilities
related to general hygiene and sanitation;
(vii) Municipal buildings, cultural centers, public parks including freedom parks, playgrounds, and
other sports facilities and equipment, and other similar facilities;
(viii) Infrastructure facilities intended primarily to service the needs of the residents of the
municipality and which are funded out of municipal funds including but not limited to, municipal
roads and bridges; school buildings and other facilities for public elementary and secondary
schools; clinics, health centers and other health facilities necessary to carry out health services;
communal irrigation, small water impounding projects and other similar projects; fish ports;
artesian wells, spring development, rainwater collectors and water supply systems; seawalls,
dikes, drainage and sewerage, and flood control; traffic signals and road signs; and similar
facilities;
(ix) Public markets, slaughterhouses and other municipal enterprises;
(x) Public cemetery;
(xi) Tourism facilities and other tourist attractions, including the acquisition of equipment,
regulation and supervision of business concessions, and security services for such facilities; and
(xii) Sites for police and fire stations and substations and municipal jail;
(3) For a Province:
(i) Agricultural extension and on-site research services and facilities which include the prevention
and control of plant and animal pests and diseases; dairy farms, livestock markets, animal
breeding stations, and artificial insemination centers; and assistance in the organization of farmers
and fishermen's cooperatives, and other collective organizations, as well as the transfer of
appropriate technology;
(ii) Industrial research and development services, as well as the transfer of appropriate technology;
(iii) Pursuant to national policies and subject to supervision, control and review of the DENR,
enforcement of forestry laws limited to community-based forestry projects, pollution control law,
small-scale mining law, and other laws on the protection of the environment; and mini-
hydroelectric projects for local purposes;
(iv) Subject to the provisions of Title Five, Book I of this Code, health services which include
hospitals and other tertiary health services;
(v) Social welfare services which include programs and projects on rebel returnees and evacuees;
relief operations; and population development services;
(vi) Provincial buildings, provincial jails, freedom parks and other public assembly areas and
similar facilities;
(vii) Infrastructure facilities intended to service the needs of the residence of the province and
which are funded out of provincial funds including, but not limited to, provincial roads and bridges;
inter-municipal waterworks, drainage and sewerage, flood control, and irrigation systems;
reclamation projects; and similar facilities;
(viii) Programs and projects for low-cost housing and other mass dwellings, except those funded
by the Social Security System (SSS), Government Service Insurance System p. 172 (GSIS), and
the Home Development Mutual Fund (HDMF): Provided, That national funds for these programs
and projects shall be equitably allocated among the regions in proportion to the ratio of the
homeless to the population;
(ix) Investment support services, including access to credit financing;
(x) Upgrading and modernization of tax information and collection services through the use of
computer hardware and software and other means;
(xi) Inter-municipal telecommunications services, subject to national policy guidelines; and
(xii) Tourism development and promotion programs;
(4) For a City:
All the services and facilities of the municipality and province, and in addition thereto, the following:
(1) Adequate communication and transportation facilities;
(c) Notwithstanding the provisions of subsection (b) hereof, public works and infrastructure
projects and other facilities, programs and services funded by the national government under the
annual General Appropriations Act, other special laws, pertinent executive orders, and those
wholly or partially funded from foreign sources, are not covered under this Section, except in those
cases where the local government unit concerned is duly designated as the implementing agency
for such projects, facilities, programs, and services.
(d) The designs, plans, specifications, testing of materials, and the procurement of equipment and
materials at P170 from both foreign and local sources necessary for the provision of the foregoing
services and facilities shall be undertaken by the local government unit concerned, based on
national policies, standards and guidelines.
(e) National agencies or offices concerned shall devolve to local government units the
responsibility for the provision of basic services and facilities enumerated in this Section within six
(6) months after the effectivity of this Code.
As used in this Code, the term "devolution" refers to the act by which the national government
confers power and authority upon the various local government units to perform specific functions
and responsibilities.
(f) The national government or the next higher level of local government unit may provide or
augment the basic services and facilities assigned to a lower level of local government unit when
such services or facilities are not made available or, if made available, are inadequate to meet the
requirements of its inhabitants.
(g) The basic services and facilities hereinabove enumerated shall be funded from the share of
local government units in the proceeds of national taxes and other local revenues and funding
support from the national government, its instrumentalities and government-owned or controlled
corporations which are tasked by law to establish and maintain such services or facilities. Any fund
or resource available for the use of local government units shall be first allocated for the provision
of basic services or facilities enumerated in subsection (b) hereof before applying the same for
other purposes, unless otherwise provided in this Code.
(h) Regional offices of national agencies or offices whose functions are devolved to local
government units as provided herein shall be phased out within one (1) year from the approval of
this Code. Said national agencies and offices may establish such field units as may be necessary
for monitoring purposes and providing technical assistance to local government units. The
properties, equipment, and other assets of these regional offices shall be distributed to the local
government units in the region in accordance with the rules and regulations issued by the
oversight committee created under this Code.
(i) The devolution contemplated in this Code shall include the transfer to local government units of
the records, equipment, and other assets and personnel of national agencies and offices
corresponding to the devolved powers, functions, and responsibilities.
Personnel of said national agencies or offices shall be absorbed by the local government units to
which they belong or in whose areas they are assigned to the extent that it is administratively
viable as determined by the said oversight committee: Provided, That the rights accorded to such
personnel pursuant to civil service law, rules and regulations shall not be impaired: Provided,
further, That regional directors who are career executive service officers and other officers of
similar rank in the said regional offices who cannot be absorbed by the local government unit shall
be retained by the national government, without any diminution of rank, salary or tenure.
(j) To ensure the active participation of the private sector in local governance, local government
units may, by ordinance, sell, lease, encumber, or otherwise dispose of public economic
enterprises owned by them in their proprietary capacity.
Costs may also be charged for the delivery of basic services or facilities enumerated in this
Section.
E. DENR and LGU through Joint Orders/Joint Memoranda of Agreement
DENR-DILG JMC 98-01
Joint Memorandum Circular No. 98-01
SUBJECT : Manual of Procedures For DENR-DILG-LGU Partnership on Devolved and
Other Forest Management Functions.
Sec. 1. Basic Policies
Subject to the general policies on devolution as contained in RA 7160 and DENR Administrative
Order No. 30, Series of 1992, the following basic policies shall govern the implementation of DENR-DILG-
LGU partnership on devolved and other forest management functions;
1.1 The Department of Environment and Natural Resources (DENR) shall be the primary government
agency responsible for the conservation, management, protection, proper use and sustainable
development of the country’s environment and natural resources.
1.2 The LGUs shall share with DENR the responsibility in the sustainable management and development
of the forest resources within their territorial jurisdiction. Toward this end. the DENR and LGUs shall
endeavor to strengthen their collaboration and partnership in forest management.
1.3 Comprehensive land use and forest land use plans are important tools in the holistic and efficient
management of forest resources, toward this end the DENR and the LGUs together with other
government agencies shall undertake forest land use planning as an integral activity of comprehensive
land use planning to determine the optimum and balanced use of natural resources to support local,
regional and national growth and development.
1.4 To fully prepare the LGUs to undertake their shared responsibilities in the sustainable management of
forest land resources the DENR in coordination with DILG, shall enhance the capacities of the LGUs in
the various aspects of forest management. Initially, the DENR shall coordinate, guide and train the LGUs
in the management of the devolved functions. As the LGUs capacity in the forest management is
enhanced of the primary tasks in the management of devolved functions shall be performed by the LGUs
and the role of the DENR becomes assistive and coordinative.
1.5 To further the ends of local autonomy, the DENR in consultation with the LGUs shall devolve
additional functions and responsibilities to the local government units, or enter into agreements with them
for enlarged forest management and other ENR-related functions.
1.6 To seek advocacy, popular support and ultimately help achieve community empowerment, DENR and
DILG shall forge the partnership and cooperation of the LGUs and other concerned sectors in seeking
and strengthening the participation of local communities for forest management including enforcement of
forestry laws, rules and regulations.
Sec. 2 Objectives
This Manual of Procedures has the following objectives;
2.1 Operationalize and make effective the devolution of forest management functions from the DENR to
the LGUs as contained in Republic Act 7160 and DENR Administrative Order No. 30, Series of 1992
2.2 Strengthen and institutionalize DENR-DILG-LGU partnership and cooperation on devolved other
forest management functions.
2.3 Serve as reference for the DENR, DILG and the LGUs in the implementation monitoring and
evaluation of devolved and other forest management functions.
Sec. 3. Provisions of RA 7160 on Devolved Forest Management Functions from DENR to LGUs
The pertinent provisions of RA 7160 (Local Government Code of 1991) providing for the
devolution of forest management functions from the DENR to the LGUs are cited below.
“Sec. 17. Basic Services and Facilities-
(a) Local government units shall endeavor to be self-reliant and shall continue
exercising the powers and discharging the duties and functions currently vested upon
them, they shall also discharge the functions and responsibilities of national agencies
and offices devolved to them pursuant to this Code. Local government units shall
likewise exercise such other powers and discharge such other functions and
responsibilities as are necessary, appropriate, or incidental to efficient and effective
provision of the basic services and facilities enumerated therein.”
“(b) Such basic services and facilities include, but are not limited to the following;
3.1 For a province
“Pursuant to national policies and subject to supervision, control and review of the DENR,
enforcement of forestry laws limited to community-based forestry projects, xxx” Sec. 17, (b) (3) (iii)
3.2 For a Municipality
“Extension and on-site research services and facilities related to X X X, and enforcement of
fishery laws in municipal waters including the conservation of mangrove” Sec. 17 (b) (2) (i)
 “Pursuant to national policies and subject to supervision, control and review of the DENR,
implementation of community-based forestry projects, which include integrated social forestry programs
and similar projects, management and control of communal forest with an area not exceeding fifty (50)
square kilometers, establishment of tree parks greenbelts, and similar forest projects.” Sec. 17 (b) (2) (iii)

3.3 For a City

“All the Services and facilities of the municipality and provinces, XXX .” Sec 17 (b) (4)
The other provisions of the Code that pertain to forest management functions to be performed by
the local government units and/or their chief executives are;

3.4 To the Municipal Mayor

“For efficient, effective and economical governance the purpose of which is the general welfare of
the municipality and its inhabitants pursuant to Section 16 of this Code, the municipal mayor shall: XXX
Adopt adequate measures to safeguard and conserve x x x (Sec. 444 (b) (3) (vii)) forest and other
resources of the municipality; x x x.” Sec. 444 (b)(3) (vii)
3.5 To the Sangguniang Bayan
“Approve ordinances and pass resolutions necessary for an efficient and effective municipal
government, and in this connection shall: x x x Project the environment and impose appropriate penalties
for acts which endanger the environment, such as x x x illegal logging and smuggling of logs, smuggling
of natural resources products and of endangered species of flora and fauna, slash and burnfarming x x x
.” Sec. 447 (a) (1) (vi)
“Approve ordinances which shall ensure the efficient and effective delivery of the basic services
and facilities as provided for under Section 17 of this Code, and in addition to said services and facilities,
shall Provide for the establishment, maintenance, protection, and conservation of communal forests and
watersheds, tree parks, greenbelts,mangroves, and other similar forest development projects.” Sec. 447
(a) (5) (I)
3.6 To the City Mayor
“Ensure the delivery of basic services and the provision of adequate facilities as provided for
under Section 17 of this Code x x x.” Sec. 455 (b) (4)
3.7 To the Sangguniang Panglungsod
“Approve ordinances and pass resolutions necessary for an efficient and effective city
government, and in this connection, shall: x x x Protect the environment and impose appropriate penalties
for acts which endanger the environment, such as x x x illegal logging and smuggling of logs, smuggling
of natural resources products and of endangered species of flora and fauna, slash and burn farming. x x
x.” Sec. 458 (a) (1) (vi)
“Approve ordinances which shall ensure the efficient and effective delivery of basic services and facilities
as provided for under Section 17 of this Code, and in addition to said services and facilities, shall: Provide
for the establishment, maintenance, protection and conservation of communal forest and watersheds,
tree parks, greenbelt, mangroves, and other similar forest development projects” Sec. 459 (a) (5) (i)
3.8 To the Provincial Governor
“For efficient, effective and economical governance the purpose of which is the general welfare of
the province and its inhabitants pursuant to Section 16 of this Code, the provincial governor shall;
“Adopt adequate measures to safeguard and conserve x x x, forest and other resources of the
province, in coordination with the mayors of component cities and municipalities;” Sec. 465 (b) (3) (v)
“Ensure the delivery of basic services and the provision of adequate facilities as provided for
under Section 17 of this Code, x x x ” Sec. 456 (b) (4)
3.9 To the Sangguniang Panlalawigan
“Approve ordinances and pass resolutions necessary for an efficient and effective provincial
government and, in this connection, shall; Protect the environment and impose appropriate penalties for
acts which endanger the environment, such as x x x illegal logging and smuggling of logs, smuggling of
natural resources products and of endangered species of flora and fauna, slash and burn farming, x x x”
Sec. 468 (a) (1) (vi)
The Local Government Code did not devolve any specific forest management functions to
the barangays.
Sec. 4. Definitions
4.1 Communal Forest refers to a tract of forest land set aside by the Secretary of the DENR upon the
recommendation of the concerned LGU for the use of the residents of a municipality/city. Said residents
may cut, collect and remove forest products for their personal use in accordance with existing laws and
regulations and subject to the provision that utilization of resources therein shall be in accordance with
sustainable development, For this purpose, the concerned LGU with the assistance of the DENR shall
prepare sustainable operations plan prior to any utilization.
4.2 Community Environment and Natural Resources Office (CENRO) refers to the DENR Office,
headed by a Community Environment and Natural Resources Officer appointed by the Secretary of
DENR, which is responsible for the implementation of DENR policies, programs, projects and activities
and the enforcement of ENR laws and regulations in the community level.
4.4 Community Watershed Areas refers to forestlands set aside by the Secretary of the DENR upon the
recommendation of the concerned LGU as sources of water supply for specific local communities subject
to the provision that utilization thereof shall be in accordance with sustainable development.
4.5 DENR refers to the Department of Environment and Natural Resources.

DENR-DILG JMC 2003-01

JOINT MEMORANDUM CIRCULAR NO. 98-01

MANUAL OF PROCEDURES FOR DENR-DILG-LGU PARTNERSHIP ON DEVOLVED

AND OTHER FOREST MANAGEMENT FUNCTIONS
Section 1. Basic Policies
Subject to the general policies on devolution as contained in RA 7160 and DENR Administrative
Order No. 30, Series of 1992, the following basic policies shall govern the implementation of
DENR-DILG-LGU partnership on devolved and other forest management functions:

1.1 The Department of Environment and Natural Resources (DENR) shall be the primary
government agency responsible for the conservation, management, protection, proper use and
sustainable development of the country’s environment and natural resources.

1.2 The LGUs shall share with DENR the responsibility in the sustainable management
and development of the forest resources within their territorial jurisdiction. Toward this end, the
DENR and the LGUs shall endeavor to strengthen their collaboration and partnership in forest
management.
1.3 Comprehensive land use and forest land use plans are important tools in the holistic
and efficient management of forest resources. Toward this end, the DENR and the LGUs
together with other government agencies shall undertake forest land use planning as an integral activity
of comprehensive land use planning to determine the optimum and balanced use of natural
resources to support local, regional and national growth and development.
1.4 To fully prepare the LGUs to undertake their shared responsibilities in the sustainable
management of forest land resources, the DENR, in coordination with DILG, shall enhance the
capacities of the LGUs in the various aspects of forest management. Initially, the DENR shall
coordinate, guide and train the LGUs in the management of the devolved functions. As the
LGUs’ capacity in forest management is enhanced, the primary tasks in the management of
devolved functions shall be performed by the LGUs and the role of the DENR becomes assistive and
coordinative.
1.5 To further the ends of local autonomy, the DENR in consultation with the LGUs shall
devolved additional functions and responsibilities to the local government units, or enter into
agreements with them for enlarged forest management and other ENR-related functions.
1.6 To seek advocacy, popular support and ultimately help achieve community
empowerment, DENR and DILG shall forge the partnership and cooperation of the LGUs and other
concerned sectors in seeking and strengthening the participation of local communities for
forest management including enforcement of forestry laws, rules and regulations.

F. National Commission on Indigenous Peoples (NCIP)

RA 8371 or the Indigenous Peoples Rights Act of 1997, Secs. 38, 44, 57, 58
Section 38. National Commission on Indigenous Cultural Communities /Indigenous Peoples
(NCCP). - to carry out the policies herein set forth, there shall be created the National Commission on
ICCs/IPs (NCIP), which shall be the primary government agency responsible for the formulation and
implementation of policies, plans and programs to promote and protect the rights and well-being of the
ICCs/IPs and the recognition of their ancestral domains as well as their rights thereto.
Section 44. Powers and Functions. - To accomplish its mandate, the NCIP shall have the following
powers, jurisdiction and function:
a) To serve as the primary government agency through which ICCs/IPs can seek government assistance
and as the medium, through which such assistance may be extended;
b) To review and assess the conditions of ICCs/IPs including existing laws and policies pertinent thereto
and to propose relevant laws and policies to address their role in national development;
c) To formulate and implement policies, plans, programs and projects for the economic, social and
cultural development of the ICCs/IPs and to monitor the implementation thereof;
d) To request and engage the services and support of experts from other agencies of government or
employ private experts and consultants as may be required in the pursuit of its objectives;
e) To issue certificate of ancestral land/domain title;
f) Subject to existing laws, to enter into contracts, agreements, or arrangement, with government or
private agencies or entities as may be necessary to attain the objectives of this Act, and subject to the
approval of the President, to obtain loans from government lending institutions and other lending
institutions to finance its programs;
g) To negotiate for funds and to accept grants, donations, gifts and/or properties in whatever form and
from whatever source, local and international, subject to the approval of the President of the Philippines,
for the benefit of ICCs/IPs and administer the same in accordance with the terms thereof; or in the
absence of any condition, in such manner consistent with the interest of ICCs/IPs as well as existing laws;
h) To coordinate development programs and projects for the advancement of the ICCs/IPs and to
oversee the proper implementation thereof;
i) To convene periodic conventions or assemblies of IPs to review, assess as well as propose policies or
plans;
j) To advise the President of the Philippines on all matters relating to the ICCs/IPs and to submit within
sixty (60) days after the close of each calendar year, a report of its operations and achievements;
k) To submit to Congress appropriate legislative proposals intended to carry out the policies under this
Act;
l) To prepare and submit the appropriate budget to the Office of the President;
m) To issue appropriate certification as a precondition to the grant of permit, lease, grant, or any other
similar authority for the disposition, utilization, management and appropriation by any private individual,
corporate entity or any government agency, corporation or subdivision thereof on any part or portion of
the ancestral domain taking into consideration the consensus approval of the ICCs/IPs concerned;
n) To decide all appeals from the decisions and acts of all the various offices within the Commission:
o) To promulgate the necessary rules and regulations for the implementation of this Act;
p) To exercise such other powers and functions as may be directed by the President of the Republic of
the Philippines; and
q) To represent the Philippine ICCs/IPs in all international conferences and conventions dealing with
indigenous peoples and other related concerns.
Section 57. Natural Resources within Ancestral Domains. - The ICCs/IPs shall have the priority rights
in the harvesting, extraction, development or exploitation of any natural resources within the ancestral
domains. A non-member of the ICCs/IPs concerned may be allowed to take part in the development and
utilization of the natural resources for a period of not exceeding twenty-five (25) years renewable for not
more than twenty-five (25) years: Provided, That a formal and written agreement is entered into with the
ICCs/IPs concerned or that the community, pursuant to its own decision making process, has agreed to
allow such operation: Provided, finally, That the all extractions shall be used to facilitate the development
and improvement of the ancestral domains.
Section 58. Environmental Consideration. - Ancestral domains or portion thereof, which are found
necessary for critical watersheds, mangroves wildlife sanctuaries, wilderness, protected areas, forest
cover, or reforestation as determined by the appropriate agencies with the full participation of the
ICCs/IPs concerned shall be maintained, managed and developed for such purposes. The ICCs/IPs
concerned shall be given the responsibility to maintain, develop, protect and conserve such areas with
the full and effective assistance of the government agencies. Should the ICCs/IPs decide to transfer the
responsibility over the areas, said decision must be made in writing. The consent of the ICCs/IPs should
be arrived at in accordance with its customary laws without prejudice to the basic requirement of the
existing laws on free and prior informed consent: Provided, That the transfer shall be temporary and will
ultimately revert to the ICCs/IPs in accordance with a program for technology transfer: Provided, further,
That no ICCs/IPs shall be displaced or relocated for the purpose enumerated under this section without
the written consent of the specific persons authorized to give consent.
III. LANDS
A. Classification of lands of the Public Domain
1. Agricultural Lands
a. Concept
*Krivenko vs. Director of Lands, 79 Phil 461 (1947)
HELD: Public agricultural lands mentioned in Sec.1, Art. XIII of the 1935 Constitution, include
residential,commercial and industrial lands, the Court stated:
Natural resources, with the exception of public agricultural land, shall not be alienated,‘ and with
respect to public agricultural lands, their alienation is limited to Filipino citizens. But this constitutional
purpose conserving agricultural resources in the hands of Filipino citizens may easily be defeated by the
Filipino citizens themselves who may alienate their agricultural lands in favor of aliens.Thus, Section 5,
Article XIII provides:Save in cases of hereditary succession, no private agricultural lands will be
transferred or assigned except to individuals, corporations or associations qualified to acquire or hold
lands of the public domain in the Philippines

*Jocson vs. Director of Forestry, 39 Phil 560

Held :In the Act of Congress of July 1st, 1902, there is a classification of all public lands of the Philippine
Islands, and in mentioning forestry land the Act of Congress used the words "timber land." These words
are always translated in the Spanish translation of that Act as "terrenos forestales." We think there is an
error in this translation and that a better translation would be "terrenos madereros." Timber land in English
means land with trees growing on it. The manglar plant would never be called a tree in English but a
bush, and land which has only bushes, shrubs or aquatic plants growing on it can not be called "timber
land."
Whatever may have been the meaning of the term "forestry" under the Spanish law, the Act of Congress
of July 1st, 1902, classified the public lands in the Philippine Islands as timber, mineral or agricultural
lands, and all public lands that are not timber or mineral lands are necessarily agricultural public lands,
whether they are used as nipa swamps, manglares, fisheries or ordinary farm lands.
The definition of forestry as including manglares found in the Administrative Code of 1917 cannot affect
rights which vested prior to its enactment.
These lands being neither timber nor mineral lands the trial court should have considered them
agricultural lands. If they are agricultural lands then the rights of appellants are fully established by Act
No. 926.

b. Definition
*Mapa vs. Insular Government, 10, Phil 175
HELD: The phrase “agricultural public lands” as defined by the act of Congress of July 1, 1902, which
phrase is also be found in several sections of the Public Land Act (No. 926), means those pubic lands
acquired from Spain which are neither mineral nor timberlands.
Every native who had not a paper title is not a trespasser. There must be a presumption against the
government when a private individual claims property as his or her own. It went so far as to say that the
lands will be deemed private absent contrary proof.

c. Presumption
*Ankron vs. Philippine Island, 40 Phil 10 (1919)
HELD: Each case must be decided upon the proof in that particular case, having regard for its present or
future value for one or the other purposes. We believe, however, considering the fact that it is a matter of
public knowledge that a majority of the lands in the Philippine Islands are agricultural lands, that the
courts have a right to presume, in the absence of evidence to the contrary, that in each case the lands
are agricultural lands until the contrary is shown. Whatever the land involved in a particular land
registration case is forestry or mineral land must, therefore, be a matter of proof. Its superior value for one
purpose or the other is a question of fact to be settled by the proof in each particular case.
*Ramos vs. Director of Lands, 39 Phil 175 (1918)
HELD: The idea would appear to be to determine, by exclusion, if the land is forestal or mineral in nature
and, if not so found, to consider it to be agricultural land. Here, again, Philippine law is not very helpful.
For instance, section 1820 of the Administrative Code of 1917 provides: "For the purposes of this chapter,
'public forest' includes, except as otherwise specially indicated, all unreserved public land, including nipa
and mangrove swamps, and all forest reserves of whatever character." This definition of "public forest," it
will be noted, is merely "for the purposes of this chapter." A little further on, section 1827 provides: "Lands
in public forests, not including forest reserves, upon the certification of the Director of Forestry that said
lands are better adapted and more valuable for agricultural than for forest purposes and not required by
the public interests to be kept under forest, shall be declared by the Department Head to be agricultural
lands." With reference to the last section, there is no certification of the Director of Forestry in the record,
as to whether this land is better adapted and more valuable for agricultural than for forest purposes.

*Tottoc vs. IAC (Dec 20, 1989)

HELD: It is elementary in the law governing natural resources that forest land cannot be owned by
private persons and is not registrable. The presumption that the land is agricultural in character, rather
than forestal, as it is for the good of the country to have the large public domain come under private
ownership is applicable only when the conflict of interest is between a private citizen and the
Government, not when it involves opposing rights of private citizens against each other.

d. Other classifications-“agricultural”

*PNR vs. del Valle, 29 SRA 573

HELD: The strips of land owned by Philippine National Railways (PNR) which are on both sides of its
railroad track, are part of its right of way for its railroad operations but temporarily leased, are not
agricultural lands within the purview of the Agricultural Tenancy Act and the Agricultural Land Reform
Code, such as would come within the jurisdiction of the Court of Agrarian Relations.
The security of tenure guaranteed by our tenancy law may be invoked only by tenants de jure, not by
those who are not true and lawful tenants.

*RA 6657, sec.30

SECTION 30. Homelots and Farmlots for Members of Cooperatives. — The individual members of the
cooperatives or corporations mentioned in the preceding section shall be provided with homelots and
small farmlots for their family use, to be taken from the land owned by the cooperative or corporation.

*RA 7881
[REPUBLIC ACT NO. 7881]
AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6657, ENTITLED “AN ACT
INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE SOCIAL
JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS IMPLEMENTATION,
AND FOR OTHER PURPOSES”
→ An amendatory law through some sections defines as Conversion into Fishpond and Prawn Farms,
Inventory, Protection of Mangrove Areas, Change of Crops , subject to certain exceptions.
*Isidro vs. CA, 228 SCRA 503
HELD: A case involving an agricultural land does not automatically make such case an agrarian dispute
upon which the DARAB has jurisdiction. The mere fact that the land is agricultural does not ipso facto
make the possessor an agricultural lessee of tenant. The law provides for conditions or requisites before
he can qualify as one and the land being agriculturalist only one of them. The law states that an agrarian
dispute must be a controversy relating to tenurial arrangement over lands devoted to agriculture. And as
previously mentioned, such arrangement may be leasehold, tenancy or stewardship. Tenancy is not a
purely factual relationship dependent on what the alleged tenant does upon the land. It is also a legal
relationship. The intent of the parties, the understanding when the farmer is installed, and their written
agreements, provided these are complied with and are not contrary to law, are even more important.

“Public Land Laws (1900-1945): a Critique on the Classification of our Most Vital Resources”,
Atty. Rosario Bernardo, Philippine Natural Resources Law Journal
The Legislature was behind the policy shift to the pro-forest presumption. A year after Ramos was
promulgated, the first Public Land was amended to subsume agricultural lands under a new classification
called "alienable and disposable." 'Before the new classification, agricultural were ipso juree alienable and
disposable. Now, a proclamation by the Executive Department that the agricultural land is alienable and
disposable is necessary to release the land from any form of public land concession private ownership."
The new classification worked more hardships to claimants who were given two obstacles to overcome:
"first a certification that the land is more valuable for agricultural purposes by the Bureau of and a
recommendation by such administrative agency to the Chief Executive that it be classified as alienable
and disposable; second, a proclamation · any official act by the executive declaring such land open to
disposition concession."
In the wake of the policy-shift of the government to· the presumption, the Supreme Court
vacillated in succeeding land classification decisions. In some cases the Court would ask the applicants
to overcome by substantial proof the claim of the Director of Forestry. In other cases the Court would
reiterate the pro-agricultural presumption laid down in Ramos. The Supreme Court, however, was
consistent in one pronouncement: that possession of forest lands no matter how long can never ripen into
ownership.

2. Forest or Timber Lands

a. Concept
*Heirs of Jose Amunategui vs. Dir. Of Forestry, 126 SCRA 69 (1983)
HELD: A forested area classified as forest land of the public domain does not lose such classification
simply because loggers or settlers may have stripped it of its forest cover. Parcels of land classified as
forest land may actually be covered with grass or planted to crops by kaingin cultivators or other farmers.
“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 as
forest land. The classification is descriptive of its legal nature or status and does not have to be
descriptive of what the land actually looks like. Unless and until the land classified as “forest” is released
in an official proclamation to that effect so that it may form part of the disposable agricultural lands of the
public domain, the rules on confirmation of imperfect title do not apply. Possession of forest lands, no
matter how long, cannot ripen into private ownership. It bears emphasizing that a positive act of
Government is needed to declassify land which is classified as forest and to convert it into alienable or
disposable land for agricultural or other purposes.
*Tongson vs. Forestry vs. Villareal, 170 SCRA 598
HELD: Supreme Court ruled that, Mangrove swamps or manglares should be understood as comprised
within the public forests of the Philippines as defined in the aforecited Section 1820 of the Administrative
Code of 1917. The legislature having so determined, we have no authority to ignore or modify its
decision, and in effect veto it, in the exercise of our own discretion. The statutory definition remains
unchanged to date and, no less noteworthy, is accepted and invoked by the executive department. More
importantly, the said provision has not been challenged as arbitrary or unrealistic or unconstitutional,
assuming the requisite conditions, to justify our judicial intervention and scrutiny. The law is thus
presumed valid and so must be respected. We repeat our statement in the Amunategui case that the
classification of mangrove swamps as forest lands is descriptive of its legal nature or status and does not
have to be descriptive of what the land actually looks like. That determination having been made and no
cogent argument having been raised to annul it, we have no duty as judges but to apply it. And so we
shall.
*DENR Secretary vs. Yap 586 SCRA 164 (October 8, 2008)
HELD: To prove that the land subject of an application for registration is alienable, the applicant must
establish the existence of a positive act of the government such as a presidential proclamation or an
executive order, an administrative action, investigative reports of the Bureau of Lands investigators, and a
legislative act or statute.
A positive act declaring land as alienable and disposable is required. In keeping with the presumption of
state ownership, the Court has time and again emphasized that there must be a positive act of the
government, such as an official proclamation, declassifying inalienable public land into disposable land for
agricultural or other purposes.
The Regalian Doctrine dictates that all lands of the public domain belong to the State, that the State is the
source of any asserted right to ownership of land and charged with the conservation of such patrimony.
All lands not otherwise appearing to be clearly within private ownership are presumed to belong to the
State. Thus, all lands that have not been acquired from the government, either by purchase or by grant,
belong to the State as part of the inalienable public domain.

b. Imprescriptibility
*Director of Forestry vs. Munoz, 23 SCRA 1183 (1968)
HELD: No. It is a well-embedded principle that private ownership of land must be proved not only through
the genuineness of title but also with a clear identity of the land claimed. The standing presumption is that
land pertains to the State, and any person seeking to establish ownership over land must conclusively
show that he is the owner.

*Director of Land Management vs. CA, 172 SCRA 455 (1989)

HELD: "x x x It is already a settled rule that forest lands or forest reserves are not capable of private
appropriation and possession thereof, however long, cannot convert them into private property (Vano v.
Government of Philippine Islands, 41 Phil. 161; Adorable v. Director of Forestry, 107 Phil. 401; Director of
Forestry v. Muñoz, 23 SCRA 1183; Republic v. De la Cruz, 67 SCRA 221; Director of Lands v. Reyes &
Alinsunurin v. Director of Lands, 68 SCRA 177; Republic. v. Court of Appeals, 89 SCRA 648; and Director
of Lands v. Court of Appeals, 133 SCRA 701] unless such lands are reclassified and considered
disposable and alienable by the Director of Forestry, but even then, possession of the land prior to the
reclassification of the land as disposable and alienable cannot be credited as part of the thirty-year
requirement under Section 48 (b) of the Public Land Act (Director of Lands v. Court of Appeals, supra). In
this case, there is no showing that the land in question is disposable or alienable. This is a matter which
cannot be assumed. It calls for proof."
*Heirs of Molintas vs. CA, 172 SCRA 563 (1989)
HELD: Forest lands are inalienable and possession thereof, no matter how long, cannot convert the same
into private property. Thus, inasmuch as the said properties applied for by petitioners are part of the
public domain, it is the Director of Lands who has jurisdiction in the disposition of the same (subject to the
approval of the Secretary of Natural Resources and Environment), and not the courts. Petitioners
nevertheless contend that said properties are within the Busol Forest Reservation which was established
on April 27, 1922 under Proclamation No. 15 and that they had the same surveyed in their behalf even
before the creation of the said reservation. x x x Even assuming that petitioners did have the said
properties surveyed even before the same was declared to be part of the Busol Forest Reservation, the
fact remains that it was so converted into a forest reservation, thus it is with more reason that this action
must fail. Forest lands are inalienable and possession thereof, no matter how long, cannot convert the
same into private property. And the courts are without jurisdiction to adjudicate lands within the forest
zone.
In the case at bar, the period of more than fifty years completely bars the applicants from securing relief
due to the alleged lack of personal notice to their predecessors. The law helps the vigilant but not those
who sleep on their rights. "For time is a means of destroying obligations and actions, because time runs
against the slothful and contemners of their own rights."

c. Presumption between agricultural land and timber land

Except for lands already covered by existing titles, unclassified land of the public domain prior to
Proclamation No. 1064. Such unclassified lands are considered public forest under PD No. 705. (DENR
vs Yap)
3. Mineral Lands
*Republic vs. CA, 160 SCRA 228 (1988)
HELD: It is a well-known principle that the owner of piece of land has rights not only to its surface but also
to everything underneath and the airspace above it up to a reasonable height.The rights over the land are
indivisible and that the land itself cannot be half agricultural and half mineral. The classification must be
categorical; the land must be either completely mineral or completely agricultural.
In the instant case, as already observed, the land which was originally classified as forest land
ceased to be so and became mineral — and completely mineral — once the mining claims were
perfected. As long as mining operations were being undertaken thereon, or underneath, it did not cease
to be so and become agricultural, even if only partly so, because it was enclosed with a fence and was
cultivated by those who were unlawfully occupying the surface.
4. National Park
*Republic vs. dela Cruz, 67 SCRA 221
HELD: As a general rule, timber or forest lands are not alienable or disposable under either the
Constitution of 1935 or the Constitution of 1973. Although the Director of Lands has jurisdiction over
public lands classified as agricultural under the constitution, or alienable or disposable under the Public
Land Act, and is charged with the administration of all laws relative thereto, mineral and timber lands are
beyond his jurisdiction. It is the Bureau of Forestry that has jurisdiction and authority over the
demarcation, protection, management, reproduction, occupancy and use of all public forests and forest
reservations and over the granting of licenses for the taking of products therefrom, including stone and
earth (Section 1816 of the Revised Administrative Code).
The Court stressed therein that "(A) patent is void at law if the officer who issued the patent had no
authority to do so ... . If a person obtains a title under the Public Land Act which includes, by mistake or
oversight, lands which cannot be registered under the Torrens System, or when the Director of Lands did
not have jurisdiction over the same because it is public forest, the grantee does not, by virtue of said
certificate of title alone, become the owner of the land illegally included."

B. Power to classify lands of the public domain

*CA 141, secs. 3-7
SECTION 3. The Secretary of Agriculture and Commerce shall be the executive officer charged with
carrying out the provisions of this Act through the Director of Lands, who shall act under his immediate
control.
SECTION 4. Subject to said control, the Director of Lands shall have direct executive control of the
survey, classification, lease, sale or any other form of concession or disposition and management of the
lands of the public domain, and his decisions as to questions of fact shall be conclusive when approved
by the Secretary of Agriculture and Commerce.
SECTION 5. The Director of Lands, with the approval of the Secretary of Agriculture and Commerce shall
prepare and issue such forms, instructions, rules, and regulations consistent with this Act, as may be
necessary and proper to carry into effect the provisions thereof and for the conduct of proceedings arising
under such provisions.
SECTION 6. The President, upon the recommendation of the Secretary of Agriculture and Commerce,
shall from time to time classify the lands of the public domain into — (a) Alienable or disposable; (b)
Timber, and (c) Mineral lands, and may at any time and in a like manner transfer such lands from one
class to another, for the purposes of their administration and disposition.
SECTION 7. For the purposes of the administration and disposition of alienable or disposable public
lands, the President, upon recommendation by the Secretary of Agriculture and Commerce, shall from
time to time declare what lands are open to disposition or concession under this Act

*Revised Administrative Code, Title I, Chapter 4,sec.4

Sec. 14. Power to Reserve Lands of the Public and Private Domain of the Government. - (1) The
President shall have the power to reserve for settlement or public use, and for specific public purposes,
any of the lands of the public domain, the use of which is not otherwise directed by law. The reserved
land shall thereafter remain subject to the specific public purpose indicated until otherwise provided by
law or proclamation;
(2) He shall also have the power to reserve from sale or other disposition and for specific public uses or
purposes, any land belonging to the private domain of the Government, or any of the Friar Lands, the use
of which is not otherwise directed by law, and thereafter such land shall be used for the purposes
specified by such proclamation until otherwise provided by law.chan
*Republic vs. de Porkan (June 18, 1987)

HELD: Since the disputed tract of public land is neither timber nor mineral lands, the same is alienable or
open to disposition as public agricultural lands, under Section 11, C.A. 141 thru homestead settlement or
free patent. The lots, although public land and unregistered land, the tract of public land was then
possessed, occupied, developed and planted to coconuts by the family of de Porkan and his
predecessors-in-interest, by virtue of its being part of the unregistered lands, was included in the Tagum
Cadastral Survey and formed part of the disposable or alienable agricultural lands of the public domain
referred to under Section 6, par. [a] in relation to Section 9, par. [a] of the Public Land Act [C.A. 141, as
amended].

The nature and character of said tract of public land, more particularly Lot No. 1099, as one found inside
an “agricultural zone”, and that of Lot No. 1546, as one suitable for rice cultivation, which were
categorically stated in the separate investigation reports of the Bureau of Lands is binding on the courts
inasmuch as it is the exclusive prerogative of the Executive Department of the Government to classify
public lands. The classification is descriptive of its legal nature or status and does not have to be
descriptive of what the land actually looks like.
*Republic vs. IAC (Nov 5, 1989)
HELD: Whether the subject parcel of land which was declared a part of the forest reserve in 1921 and
later a national park in 1941 may be subject of private appropriation and registration. It is already a settled
rule that forest lands or forest reserves are not capable of private appropriation!and possession thereof!
however long! cannot convert them into private property unless such lands are classified and considered
disposable and alienable by the director of Forestry. In this case! there is no proof of reclassification by
the director of Forestry that the land in question is disposable or alienable.Furthermore! with the passage
of Presidential decree ,Spanish Titles can no longer be used as evidence of land ownership. Under the
same decree! lands not under the Torrens System shall be considered as unregistered.
*Director of Lands vs. IAC (Mar 2, 1993)
HELD: the land subject of this appeal was already private property at the time which has vested rights by
virtue of RA 3872 when it was acquired from the Infiels by Acme. Acme thereby acquired a registrable
title, there being under the 1935 constitution no prohibition against said corporation's holding or owning
private land. The objection that, as a juridical person, Acme is not qualified to apply for judicial
confirmation of title under section 48(b) of the Public Land Act is technical, rather than substantial. the
confirmation proceedings were instituted by Acme in its own name must be regarded as simply another
accidental circumstance, productive of a defect hardly more than procedural and in nowise affecting the
substance and merits of the right of ownership sought to be confirmed in said proceedings, there being no
doubt of Acme's entitlement to the land.

C. Disposition of Public Lands

1. Public Land vs. Private Land
*Lee Hong Kok vs. David, 48 SCRA 372 (1972)
RULING: Only the government, represented by the Director of Lands or the Secretary of Agriculture and
Natural Resources, can bring an action to cancel a void certificate of title issued pursuant to a void patent.
The fact that the grant was made bsy the government is undisputed. Whether the grant was in conformity
with the law or not is a question which the government may raise, but until it is raised by the government
and set aside, the defendant cannot question it. The legality of the grant is a question between the
grantee and the government.
.*Pinac vs. CA (Jan 19, 2001)
HELD: Land may be classified as forest or mineral today and after the exhaustion of the timber or
minerals contained therein may be classified as agricultural land tomorrow. Hence, in case of doubt and
considering that it is a matter of public knowledge that a majority of the lands in the Philippines are
agricultural lands, it was rightly held that in the absence of evidence to the contrary any land may be
presumed to be agricultural. And that being the case, it is clear that petitioners have acquired legally a
title over Lots 1, 2 & 3 of this case through extraordinary prescription of thirty (30) years of continuous,
public, open and uninterrupted possession thereof, the lands being agricultural and, thus, are susceptible
of private ownership by petitioners.
*PD 892 (Feb 16, 1976)
Section I: The system of registration under the Spanish Mortgage Law is discontinued, and all lands
recorded under said system which are not yet covered by Torrens title shall be considered as
unregistered lands.
All holders of Spanish titles or grants should apply for registration of their lands under Act No. 496,
otherwise known as the Land Registration Act, within six (6) months from the effectivity of this decree.
Thereafter, Spanish titles cannot be used as evidence of land ownership in any registration proceedings
under the Torrens system.
Hereafter, all instruments affecting lands originally registered under the Spanish Mortgage Law may be
recorded under Section 194 of the Revised Administrative Code, as amended by Act 3344;
*PD 1529 “Property Registration Decree”, sec.14
Section 14. Who may apply. The following persons may file in the proper Court of First Instance an
application for registration of title to land, whether personally or through their duly authorized
representatives:
(1) Those who by themselves or through their predecessors-in-interest have been in open, continuous,
exclusive and notorious possession and occupation of alienable and disposable lands of the public
domain under a bona fide claim of ownership since June 12, 1945, or earlier.
(2) Those who have acquired ownership of private lands by prescription under the provision of existing
laws.
(3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or
accretion under the existing laws.
(4) Those who have acquired ownership of land in any other manner provided for by law.
Where the land is owned in common, all the co-owners shall file the application jointly.
A trustee on behalf of his principal may apply for original registration of any land held in trust by him,
unless prohibited by the instrument creating the trust.
a. time immemorial possession - a period of time when as far back as memory can go, certain
ICCs/IPs are known to have occupied, possessed in the concept of owner, and utilized a defined territory
devolved to them, by operation of customary law or inherited from their ancestors, in accordance with
their customs and traditions. (IPRA Law)
Existence of native title to land, or ownership of land by Filipinos by virtue of possession under a
claim of ownership since time immemorial and independent of any grant from the Spanish crown as an
exception to the theory of jure regalia.

b. patrimonial property held by the state - the property of the State owned by it in its private or
proprietary capacity, i.e., the property is not intended for public use, or for some public service, or for the
development of the national wealth.
c. properties acquired by prescription - one that is gained under principles of a legal concept known as
"adverse possession", under which someone other than the original property owner gains use or
ownership rights to certain property.

2. Modes of Disposition
a. Administrative
Homestead
 Homestead Settlement is a mode of disposition of land by which a qualified
beneficiary is granted with a portion of land of public domain in exchange of
cultivation efforts.
Agricultural Free Patent
 Agricultural public lands alienated or disposed in favor of qualified public land
applicants under Section 44 of Commonwealth Act No. 141, as amended, shall
not be subject to restrictions regarding encumbrances, conveyances, transfers,
or dispositions imposed under Sections 118 and 119 thereof. Agricultural free
patent 10 shall now be considered as title in fee simple and shall not be subject
to any restriction against encumbrance or alienation.
Miscellaneous Sale (Lands for Residential, Commercial or Industrial Purposes (RA 730)
 REPUBLIC ACT NO. 730 is an act permitting sale without public auction of
alienable and disposable lands of the public domain for residential purpose. The
application to purchase the land is called the Miscellaneous Sales Application
and the corresponding patent is called the Miscellaneous Sales Patent.

Residential free patent act

 Section 2. Coverage. - This Act shall cover all lands that are zoned as residential
areas, including townsites as defined under the Public Land Act; Provided, That
none of the provisions of Presidential Decree No. 705 shall be violated.
Zoned residential areas located inside a delisted military reservation or
abandoned military camp, and those of local government units (LGUs) or
townsites which preceded Republic Act No. 7586 or the National Integrated
Protected Areas System (NIPAS) law, shall also be covered by this Act.
 Section 3. Application. - The application on the land applied for shall be
supported by a map based on an actual survey conducted by a licensed geodetic
engineer and approved by the Department of Environment and Natural
Resources (DENR) and a technical description of the land applied for together
with supporting affidavit of two (2) disinterested persons who are residing in the
barangay of the city or municipality where the land is located, attesting to the
truth of the facts contained in the application to the effect that the applicant
thereof has, either by himself or through his predecessor-in-interest, actually
resided on and continuously possessed and occupied, under a bona fide claim of
acquisition of ownership, the land applied for at least ten (10) years and has
complied with the requirements prescribed in Section 1 hereof.
Persons Qualified
*1987 Constitution, Art. XII, secs. 3, 7-8
Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral lands and
national parks. Agricultural lands of the public domain may be further classified by law according to the
uses to which they may be devoted. Alienable lands of the public domain shall be limited to agricultural
lands. Private corporations or associations may not hold such alienable lands of the public domain except
by lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and
not to exceed one thousand hectares in area. Citizens of the Philippines may lease not more than five
hundred hectares, or acquire not more than twelve hectares thereof, by purchase, homestead, or grant.
Taking into account the requirements of conservation, ecology, and development, and subject to the
requirements of agrarian reform, the Congress shall determine, by law, the size of lands of the public
domain which may be acquired, developed, held, or leased and the conditions therefor.
Section 7. Save in cases of hereditary succession, no private lands shall be transferred or conveyed
except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.
Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the
Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to
limitations provided by law.
*BP 185 (Mar 1982)
Sec. 2. Any natural-born citizen of the Philippines who has lost his Philippine citizenship and who has the
legal capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a
maximum area of one thousand square meters, in the case of urban land, or one hectare in the case of
rural land, to be used by him as his residence. In the case of married couples, one of them may avail of
the privilege herein granted; Provided, That if both shall avail of the same, the total area acquired shall
not exceed the maximum herein fixed.
In case the transferee already owns urban or rural lands for residential purposes, he shall still be entitled
to be a transferee of additional urban or rural lands for residential purposes which, when added to those
already owned by him, shall not exceed the maximum areas herein authorized.
Sec. 3. A transferee under this Act may acquire not more than two lots which should be situated in
different municipalities or cities anywhere in the Philippines; Provided, That the total area thereof shall not
exceed one thousand square meters in the case of urban lands or one hectare in the case of rural lands
for use by him as urban land shall be disqualified from acquiring acquiring rural land, and vice versa.
Sec. 7. The transferee shall not use the lands acquired under this Act for any purpose other than for his
residence. Violations of this Section, any misrepresentation in the sworn statement required under
Section 6 hereof, any acquisition through fraudulent means or failure to reside permanently in the land
acquired within two years from the acquisition thereof, except when such failure is caused by force
majeure, shall, in addition to any liability under the Revised Penal Code and deportation in appropriate
cases, be penalized by forfeiture of such lands and their improvements to the National Government. For
this purpose the Solicitor General or his representative shall institute escheat proceedings.
*RA 7042 (Foreign Investment Act) as amended by RA 8179
SEC. 10. Other Rights of Natural Born Citizen Pursuant to the Provisions of Article XII, Section 8
of the Constitution. - Any natural born citizen who has lost his Philippine citizenship and who has the legal
capacity to enter into a contract under Philippine laws may be a transferee of a private land up to a
maximum area of five thousand (5,000) square meters in the case of urban land or three (3) hectares in
the case of rural land to be used by him for business or other purposes. In the case of married couples,
one of them may avail of the privilege herein granted: Provided, That if both shall avail of the same, the
total area acquired shall not exceed the maximum herein fixed. In the case the transferee already owns
urban or rural land for business or other purposes, he shall still be entitled to be a transferee of additional
urban or rural land for business or other purposes which when added to those already owned by him shall
not exceed the maximum areas herein authorized. A transferee under this Act may acquire not more than
two (2) lots which should be situated in different municipalities or cities anywhere in the Philippines:
Provided, That the total land area thereof shall not exceed five thousand (5,000) square meters in the
case of urban land or three (3) hectares in the case of rural land for use by him for business or other
purposes. A transferee who has already acquired urban land shall be disqualified from acquiring rural
land and vice versa”. (As amended by R.A. 8179)
*Meralco vs. Castro-Bartolome, 114 SCRA 799 (1982)
Whether, Meralco, as a juridical person, is qualified to apply for a judicial confirmation of an imperfect
title? NO. According to Section 48(b) of the Public Land Act, the Meralco, as a juridical person, is
disqualified from applying for the judicial confirmation of imperfect title. Article XIV Sec. 14 of the 1973
Constitution prohibits private corporation to hold alienable lands of public domain except by lease, not to
exceed 1000 hectares in area. In fine, only natural persons and citizens of the Philippines are allowed to
apply for confirmation under the Public Land Act.
*Director of Lands vs. IAC (Dec 29, 1986)
HELD: the land subject of this appeal was already private property at the time which has vested rights by
virtue of RA 3872 when it was acquired from the Infiels by Acme. Acme thereby acquired a registrable
title, there being under the 1935 constitution no prohibition against said corporation's holding or owning
private land. The objection that, as a juridical person, Acme is not qualified to apply for judicial
confirmation of title under section 48(b) of the Public Land Act is technical, rather than substantial. the
confirmation proceedings were instituted by Acme in its own name must be regarded as simply another
accidental circumstance, productive of a defect hardly more than procedural and in nowise affecting the
substance and merits of the right of ownership sought to be confirmed in said proceedings, there being no
doubt of Acme's entitlement to the land.
*Republic vs. INC, (June 30, 2009)
ISSUE: Whether or not INC is entitled to registrable right over the subject lot
HELD: Sec. 14(1) of PD 1529 pertinently provides:

SEC. 14. Who may apply.The following persons may file in the proper Court of First Instance [now
Regional Trial Court] an application for registration of title to land, whether personally or through their duly
authorized representatives:

(1) Those who by themselves or through their predecessors-in-interest have been in open, continuous,
exclusive and notorious possession and occupation of alienable and disposable lands of the public
domain under a bona fide claim of ownership since June 12, 1945, or earlier.

INC had indeed sufficiently established its possession and occupation of the subject lot in accordance
with the Public Land Act and Sec. 14(1) of PD 1529, and had duly proved its right to judicial confirmation
of imperfect title over subject lot.

The possession of INC has been established not only from 1952 and 1959 when it purchased the
respective halves of the subject lot, but is also tacked on to the possession of its predecessors-in-interest,
Badanguio and Sabuco, the latter possessing the subject lot way before June 12, 1945, as he inherited
the bigger lot, of which the subject lot is a portion, from his parents. These possessions and occupation
from Sabuco, including those of his parents, to INC; and from Sabuco to Badanguio to INChad been in
the concept of owners: open, continuous, exclusive, and notorious possession and occupation under a
bona fide claim of acquisition of property. These had not been disturbed as attested to by respondents
witnesses.

*CHAVEZ vs. PEA/AMARI (July 9, 2002)

ISSUE: Whether or not a private corporation can acquire and own under the Amended 5632 hectares of
reclaimed foreshore and submerged areas in Manila

HELD: No. as a private corporation cannot acquire the reclaimed freedom/islands though alienable lands
of the public domain accept by lease as provided under section 3 Article XII of the constitution. The still
submerged areas (ie more or less additional 250 and 350 hectares of submerged areas) in Manila bay
are inalienable lands of the public domain as such they are beyond the commerce of man, as provided
under Section 2, Article XII of the constitution.

*RP vs. CA (Nov 25, 1998)

HELD: It is erroneous and unsustainable to uphold the opinion of the respondent court that the term
“foreshore land” includes the submerged areas. To repeat, the term "foreshore lands" refers to:
The strip of land that lies between the high and low water marks and that is alternately wet and dry
according to the flow of the tide.
A strip of land margining a body of water (as a lake or stream); the part of a seashore between the low-
water line usually at the seaward margin of a low-tide terrace and the upper limit of wave wash at high
tide usually marked by a beach scarp or berm.(Webster's Third New International Dictionary)
The duty of the court is to interpret the enabling Act, RA 1899. In so doing, we cannot broaden its
meaning; much less widen the coverage thereof. If the intention of Congress were to include submerged
areas, it should have provided expressly. That Congress did not so provide could only signify the
exclusion of submerged areas from the term “foreshore lands.”
>”The Constitutional Ban on Land Acquisition by Aliens: Its present status”, Prof. Esteban Bautista
>”Public Land Grants: The Controversy about a Constitutional Superfluity”, Prof. Salvador Carlota
>”The Legal Framework of Alien Interest in land and other Natural Resources in the Philippines: 1900-
present”, Prof. Perfecto V. Fernandez

b. Judicial
SECTION 53. It shall be lawful for the Director of Lands, whenever in the opinion of the President the
public interests shall require it, to cause to be filed in the proper Court of First Instance, through the
Solicitor-General or the officer acting in his stead, a petition against the holder, claimant, possessor, or
occupant of any land who shall not have voluntarily come in under the provisions of this chapter or of the
Land Registration Act, stating in substance that the title of such holder, claimant, possessor, or occupant
is open to discussion; or that the boundaries of any such land which has not been brought into court as
aforesaid are open to question; or that it is advisable that the title to such lands be settled and
adjudicated, and praying that the title to any such land or the boundaries thereof or the right to occupancy
thereof be settled and adjudicated. The judicial proceedings under this section shall be in accordance
with the laws on adjudication of title in cadastral proceedings.
SECTION 123. No land originally acquired in any manner under the provisions of any previous Act,
ordinance, royal order, royal decree, or any other provision of law formerly in force in the Philippines with
regard to public lands, terrenos baldios y realengos, or lands of any other denomination that were actually
or presumptively of the public domain, or by royal grant or in any other form, nor any permanent
improvement on such land, shall be encumbered, alienated, or conveyed, except to persons, corporations
or associations who may acquire land of the public domain under this Act or to corporate bodies
organized in the Philippines whose charters authorize them to do so: Provided, however, That this
prohibition shall not be applicable to the conveyance or acquisition by reason of hereditary succession
duly acknowledged and legalized by competent courts; Provided,further, That in the event of the
ownership of the lands and improvements mentioned in this section and in the last preceding section
being transferred by judicial decree to persons, corporations or associations not legally capacitated to
acquire the same under the provisions of this Act, such persons, corporations, or associations shall be
obliged to alienate said lands or improvements to others so capacitated within the precise period of five
years; otherwise, such property shall revert to the Government. (CA 141)
c. Special Patent
1. Lands for Educational, Charitable and other similar purposes
SECTION 9. For the purpose of their administration and disposition, the lands of the public domain
alienable or open to disposition shall be classified, according to the use or purposes to which such
lands are destined, as follows:
(a) Agricultural
(b) Residential commercial industrial or for similar productive purposes
(c) Educational, charitable, or other similar purposes
(d) Reservations for town sites and for public and quasi-public uses.
The President, upon recommendation by the Secretary of Agriculture and Commerce, shall from time
to time make the classifications provided for in this section, and may, at any time and in a similar
manner, transfer lands from one class to another. (CA 141)

2. Reservations for town site and for public and semi-public uses
SECTION 9. For the purpose of their administration and disposition, the lands of the public domain
alienable or open to disposition shall be classified, according to the use or purposes to which such
lands are destined, as follows:
(a) Agricultural
(b) Residential commercial industrial or for similar productive purposes
(c) Educational, charitable, or other similar purposes
(d) Reservations for town sites and for public and quasi-public uses.
The President, upon recommendation by the Secretary of Agriculture and Commerce, shall from time
to time make the classifications provided for in this section, and may, at any time and in a similar
manner, transfer lands from one class to another. (CA 141)

IV. FORESTRY
PD 1152 (Chapter III)

Chapter III
Forestry and Soil Conservation
Section 30. Management Policy for Forestry. The national government, through the Department of
Natural Resources, shall undertake a system of rational exploitation of forest resources and shall
encourage citizen participation therein to keep the country's forest resources at maximum productivity at
all time.
Section 31. Measures for Rational Exploitation of Forest Resources. Measures for the rational
exploitation of forest resources may include, but shall not be limited to, the following:
(a) regulating the marketing of threatened forest resources;
(b) reviewing all existing rules and regulations on the exploitation of forest resources with a view of
formulating guidelines for the systematic and efficient enforcement thereof;
(c) conserving threatened species of flora as well as increasing their rate of propagation; the banning of
destructive modes of exploitation, kaingin making or shifting cultivation, indiscriminate harvesting of minor
forest products the recycling methods of waste materials, and
(d) carrying out a continuing effect on reforestation; timber stand improvement; forest protection; land
classification; forest occupancy management; agri-silviculture; range management; agri-
silvicultural/kaingin management; industrial tree plantation; parks and wildlife management; multiple use
forest; timber management and forest research.
Section 32. Use of Fertilizers and Pesticides. The use of fertilizers and pesticides in agriculture shall be
regulated prescribing therefor a tolerance level in their use. Their use shall be monitored by appropriate
government agencies to provide empirical data for effective regulation.
Section 33. Management Policy on Soil Conservation. The national government, through the Department
of Natural Resources and the Department of Agriculture, shall likewise undertake a soil conservation
program including therein the identification and protection of critical watershed areas, encouragement of
scientific farming techniques, physical and biological means of soil conservation, and short-term and long-
term researches and technology for effective soil conservation.
PD 705 (Revised Forestry Code)
PRESIDENTIAL DECREE No. 705 May 19, 1975

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 re-oriented 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 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 survey shall be systematized and hastened;

(c) The establishment of wood-processing plants shall be encouraged and rationalized; and

(d) The protection, development and rehabilitation of forest lands shall be emphasized so as to ensure
their continuity in productive condition.

Section 3. 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.

CHAPTER I
ORGANIZATION AND JURISDICTION OF THE BUREAU

Section 4. Creation of, and merger of all forestry agencies into, the Bureau of Forest Development. For
the purpose of implementing the provisions of this Code, 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, are hereby merged into a single agency to be known as the Bureau of Forest Development,
hereinafter referred to as the Bureau.

Section 5. Jurisdiction of Bureau. The Bureau shall have jurisdiction and authority over all forest land,
grazing lands, and all forest reservations including watershed reservations presently administered by
other government agencies or instrumentalities.

It shall be responsible for the protection, development, management, regeneration, and reforestation of
forest lands; the 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; the 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; the implementation of measures and programs
to prevent kaingin and managed occupancy of forest and grazing lands; in collaboration with other
bureaus, the effective, efficient and economic classification of lands of the public domain; and the
enforcement of forestry, reforestation, parks, game and wildlife laws, rules, and regulations.

The Bureau shall regulate the establishment and operation of sawmills, veneer and plywood mills and
other wood processing plants and conduct studies of domestic and world markets of forest products.

Section 7. Supervision and Control. The Bureau shall be directly under the control and supervision of the
Secretary of the Department of Natural Resources, hereinafter referred to as the Department Head.

Section 8. Review. All actions and decisions of the Director are subject to review, motu propio or upon
appeal of any person aggrieved thereby, by the Department Head whose decision shall be final and
executory after the lapse of thirty (30) days from receipt by the aggrieved party of said decision, unless
appealed to the President in accordance with the Executive Order No. 19, series of 1966. The Decision of
the Department Head may not be reviewed by the courts except through a special civil action for certiorari
or prohibition.

The Department Head may, upon recommendation of the Director, reorganize or create such other
divisions, sections of units as may be deemed necessary and to appoint the personnel there: Provided,
That an employee appointed or designated as officer-in-charge of a newly created division, section or
unit, or to an existing vacant position with a higher salary, shall receive, from the date of such
appointment or designation until he is replaced or reverted to his original position, the salary
corresponding to the position temporarily held by him.

There shall be created at least eleven regional offices. In each region, there shall be as many forest
districts as may be necessary, in accordance with the extent of forest area, established work loads, need
for forest protection, fire prevention and other factors, the provisions of any law to the contrary
notwithstanding: Provided, That the boundaries of such districts shall follow, whenever possible, natural
boundaries of watersheds under the river-basin concept of management.

Section 11. Manpower Development. The Bureau shall establish and operate an in-service training center
for the purpose of upgrading and training its personnel and new employees.

The Bureau shall also set aside adequate funds to enable personnel to obtain special education and
training in local or foreign colleges or institutions.

CHAPTER II
CLASSIFICATION AND SURVEY

Section 13. System of Land Classification. The Department Head shall study, devise, determine and
prescribe the criteria, guidelines and methods for the proper and accurate classification and survey of all
lands of the public domain into agricultural, industrial or commercial, residential, resettlement, mineral,
timber or forest, and grazing lands, and into such other classes as now or may hereafter be provided by
law, rules and regulations.

In the meantime, the Department Head shall simplify through inter-bureau action the present system of
determining which of the unclassified lands of the public domain are needed for forest purposes and
declare them as permanent forest to form part of the forest reserves. He shall decree those classified and
determined not to be needed for forest purposes as alienable and disposable lands, the administrative
jurisdiction and management of which shall be transferred to the Bureau of Lands: Provided, That
mangrove and other swamps not needed for shore protection and suitable for fishpond purposes shall be
released to, and be placed under the administrative jurisdiction and management of, the Bureau of
Fisheries and Aquatic Resources. Those still to be classified under the Present system shall continue to
remain as part of the public forest.

Section 14. Existing Pasture Leases and Permits in Forest Lands. Forest lands which have been the
subject of pasture leases and permits shall remain classified as forest lands until classified as grazing
lands under the criteria, guidelines and methods of classification to be prescribed by the Department
Head: Provided, That the administration, management and disposition of grazing lands shall remain
under the Bureau.

Section 15. Topography. No land of the public domain eighteen per cent (18%) in slope or over shall be
classified as alienable and disposable, nor any forest land fifty per cent (50%) in slope or over, as grazing
land.

Lands eighteen per cent (18%) in slope or over which have already been declared as alienable and
disposable shall be reverted to the classification of forest lands by the Department Head, to form part of
the forest reserves, unless they are already covered by existing titles or approved public land application,
or actually occupied openly, continuously, adversely and publicly for a period of not less than thirty (30)
years as of the effectivity of this Code, where the occupant is qualified for a free patent under the Public
Land Act: Provided, That said lands, which are not yet part of a well-established communities, shall be
kept in a vegetative condition sufficient to prevent erosion and adverse effects on the lowlands and
streams: Provided, further, That when public interest so requires, steps shall be taken to expropriate,
cancel defective titles, reject public land application, or eject occupants thereof.

Section 16. Areas needed for forest purposes. The following lands, even if they are below eighteen per
cent (18%) in slope, are needed for forest purposes, and may not, therefore, be classified as alienable
and disposable land, to wit:

1. Areas less than 250 hectares which are far from, or are not contiguous with, any certified alienable and
disposable land;

2. Isolated patches of forest of at least five (5) hectares with rocky terrain, or which protect a spring for
communal use;

3. Areas which have already been reforested;

4. Areas within forest concessions which are timbered or have good residual stocking to support an
existing, or approved to be established, wood processing plant;

5. Ridge tops and plateaus regardless of size found within, or surrounded wholly or partly by, forest lands
where headwaters emanate;

6. Appropriately located road-rights-or-way;

7. Twenty-meter strips of land along the edge of the normal high waterline of rivers and streams with
channels of at least five (5) meters wide;

8. Strips of mangrove or swamplands at least twenty (20) meters wide, along shorelines facing oceans,
lakes, and other bodies of water, and strips of land at least twenty (20) meters wide facing lakes;

9. Areas needed for other purposes, such as national parks, national historical sites, game refuges and
wildlife sanctuaries, forest station sites, and others of public interest; and

10. Areas previously proclaimed by the President as forest reserves, national parks, game refuge, bird
sanctuaries, national shrines, national historic sites:

Provided, That in case an area falling under any of the foregoing categories shall have been titled in favor
of any person, steps shall be taken, if public interest so requires, to have said title cancelled or amended,
or the titled area expropriated.

Section 17. Establishment of boundaries of forest lands. All boundaries between permanent forests and
alienable and disposable lands shall be clearly marked and maintained on the ground, with infrastructure
or roads, or concrete monuments at intervals of not more than five hundred (500) meters in accordance
with established procedures and standards, or any other visible and practicable signs to insure protection
of the forest.

Section 18. Reservations in forest lands and off-shore areas. The President of the Philippines may
establish within any lands of the public domain, forest reserve and forest reservation for the national park
system, for preservation as critical watersheds, or for any other purpose, and modify boundaries of
existing ones. The Department Head may reserve and establish any portion of the public forest or forest
reserve as site or experimental forest for use of the Forest Research Institute.

When public interest so requires, any off-shore area needed for the preservation and protection of its
educational, scientific, historical, ecological and recreational values including the marine life found
therein, shall be established as marine parks.

CHAPTER III
UTILIZATION AND MANAGEMENT

Section 19. Multiple use. The numerous beneficial uses of the timber, land, soil, water, wildlife, recreation
value and grass of forest lands shall be evaluated and weighted before allowing the utilization,
exploitation, occupation or possession thereof, or the conduct of any activity therein.

Only the utilization, exploitation, occupation or possession of any forest land, or any activity therein,
involving one or more or its resources, which will produce the optimum benefits to the development and
progress of the country and the public welfare, without impairment or with the least injury to its other
resources, shall be allowed.

All forest reservations may be open to uses not inconsistent with the principal objectives of the
reservation: Provided, That critical watersheds and national parks shall not be subject to logging
operations.

Section 20. License agreement, license, lease or permit. No person may utilize, exploit, occupy, possess
or conduct any activity within any forest land, or establish and operate any wood-processing plant, unless
he has been authorized to do so under a license agreement, lease, license, or permit.

Section 21. Sustained yield. All measures shall be taken to achieve an approximate balance between
growth and harvest or use of forest products in forest lands.

A. TIMBER

Section 22. Silvicultural and harvesting systems. In any logging operations in production forests within
forest lands, the proper silvicultural and harvesting systems that will promote optimum sustained yield
shall be practised.

(a) For dipterocarp forest, selective logging shall be practised.

(b) For pine forest, the seed tree system with planting when necessary shall be practised.

(c) For other types of forest, the silvicultural and harvesting system that will be found suitable by research
shall be applied. Meanwhile, a system based on observation and practices abroad may be adopted
initially.

Any practised system are subject to modification or changes based on research findings.

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 per cent (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 indipterocarp area, and seed trees and
reproduction in pine area.

Section 26. Annual allowable cut. The annual allowable cut of any particular forest land shall be
determined on the basis of the established rotation and cutting cycle thereof, and the volume and kind of
harvestable timber and healthy residuals, seed trees and reproduction found therein.

Section 27. Duration of license agreement or license to harvest timber in forest lands. The duration of the
privilege to harvest timber in any particular forest land under a license agreement or license shall be fixed
and determined in accordance with the annual allowable cut therein, the established cutting cycle thereof,
the yield capacity of harvestable timber, and the capacity of healthy residuals for a second growth.

The privilege shall automatically terminate, even before the expiration of the license agreement of license,
the moment the harvestable timber have been utilized without leaving any logged-over area capable of
commercial utilization.

The maximum period of any privilege to harvest timber is twenty-five (25) years, renewable for a period,
not exceeding twenty-five (25) years, necessary to utilize all the remaining commercial quantity or
harvestable timber either from the unlogged or logged-over area.

It shall be a condition for the continued privilege to harvest timber under any license or license agreement
that the licensee shall reforest all the areas which shall be determined by the Bureau.

Section 28. Size of forest concessions. Forest lands shall not be held in perpetuity.

The size of the forest lands which may be the subject of timber utilization shall be limited to that which a
person may effectively utilize and develop for a period of fifty (50) years, considering the cutting cycle, the
past performance of the applicant and his capacity not only to utilize but, more importantly, to protect and
manage the whole area, and the requirements of processing plants existing or to be installed in the
region.

Forest concessions which had been the subject of consolidations shall be reviewed and re-evaluated for
the effective implementation of protection, reforestation and management thereof under the multiple use
and sustained yield concepts, and for the processing locally of the timber resources therefrom.

B. WOOD-PROCESSING

Section 29. Incentives to the wood industry. The Department Head, in collaboration with other
government agencies and the wood industry associations and other private entities in the country, shall
evolve incentives for the establishment of an integrated wood industry in designated wood industry
centers and/or economic area.

The President of the Philippines, upon the recommendations of the National Economic Development
Authority and the Department Head, may establish wood industry import-export centers in selected
locations: Provided, That logs imported for such centers shall be subject to such precaution as may be
imposed by the Bureau, in collaboration with proper government agencies, to prevent the introduction of
pests, insects and/or diseases detrimental to the forests.

Section 30. Rationalization of the wood industry. While establishment of wood-processing plants shall be
encouraged, their locations and operations shall be regulated in order to rationalize the industry. No new
processing plant shall be established unless adequate raw material is available on a sustained-yield basis
in the area where the raw materials will come from.

The Department Head may cancel, suspend, or phase-out all uneconomical wood-processing plants
which are not responsive to the rationalization program of the government.

Section 31. Wood wastes, weed trees and residues. Timber licensees shall be encouraged and assisted
to gather and save the wood wastes and weed trees in their concessions, and those with processing
plants, the wood residues thereof, for utilization and conversion into wood by-products and derivatives.

Section 32. Log production and processing. Unless otherwise decreed by the President, upon
recommendation of the National Economic Development Authority, the entire production of logs by all
licensees shall, beginning January 1, 1976, be processed locally.

A licensee who has no processing plant may, subject to the approval of the Director, enter into a contract
with a wood processor for the processing of his logs. Wood processors shall accept for processing only
logs cut by, or purchased from, licensees of good standing at the time of the cutting of logs.
C. REFORESTATION

Section 33. Forest lands to be reforested. The following shall be reforested and covered with suitable and
sufficient trees, to wit:

(a) Bare or grass-covered tracts of forest lands with at least fifty per cent (50%) slope;

(b) Bare or grass-covered tracts of forest lands with less than fifty per cent (50%) slope, but with soil so
highly erodible as to make grass cover inadequate for soil erosion control;

(c) Brushlands or tracts of forest lands generally covered with brush, which need to be developed to
increase their productivity;

(d) Open tracts of forest lands with slopes or gradients generally exceeding fifty per cent (50%),
interspersed with patches of forest each of which is less than two hundred fifty (250) hectares in area;

(e) 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;

(f) Inadequately-stocked forest lands within forest concessions;

(g) Portions of areas covered by pasture leases or permits having a slope of at least fifty per cent (50%);
and

(h) River banks, easements, road rights-of-ways, deltas, swamps, former river beds, and beaches.

Section 34. Industrial Tree Plantations and Tree Farms. A lease for a period of twenty-five (25) years,
renewable for another period not exceeding twenty-five (25) years, for the establishment of an industrial
tree plantation or a tree farm may be granted by the Department Head upon recommendation of the
Director to any person qualified to develop and exploit natural resources, over timber or forest lands of
the public domain categorized in Section 33 hereof, with a minimum area of One Thousand (1,000)
hectares for industrial tree plantation and One Hundred (100) hectares for tree farm; Provided, That the
size of the area that may be granted under each category shall in each case depend upon the capacity of
the lessee to develop or convert the area into productive condition within the term of the lease; Provided,
further, That no lease shall be granted within critical watersheds.

Scattered areas of less than One Hundred (100) hectares each may be leased for the establishment of
tree farms to different qualified persons upon a showing that if developed as an integrated unit these
areas can be economically exploited: Provided, That it shall be a condition of the lease that such persons
organize themselves into a cooperative to ensure the orderly management thereof.

The lease may be granted under such terms and conditions as the Department Head may prescribe,
taking into account, among others, the raw material needs of forest-based industries and the
maintenance of a wholesome ecological balance.

Reforestation projects of the Government, or portions thereof which, upon field evaluation, are found to
be more suitable for, or can be better developed as, industrial tree plantations or tree farms in terms of
benefits to the Government and the general surrounding area, may be the subject of the lease under this
section.

Section 35. Priority. Over any suitable area covered by a timber license agreement, or a pasture lease
agreement or permit, the priority to establish industrial forest plantation or tree farm shall be given to the
holder thereof.

The priority herein granted must, however, be availed of within a reasonable period to be determined by
the Department Head, otherwise, the area shall be declared open to any qualified person and
consequently segregated from the holder's area.

Section 36. Incentives. To encourage qualified persons to engage in industrial tree plantation and/or tree
farming, the following incentives are granted:

(a) Payment of a nominal filing fee of fifty centavos (P0.50) per hectare;

(b) No rental shall be collected during the first five (5) years from the date of the lease; from the sixth year
to the tenth year, the annual rental shall be fifty centavos (P0.50) per hectare; and thereafter, the annual
rental shall be one peso (P1.00) per hectare: Provided, That lessees of areas long denuded as certified
by the Director and approved by the Department Head, shall be exempted from the payment of rental for
the full term of the lease which shall not exceed twenty-five (25) years; for the first five (5) years following
the renewal of the lease, the annual rental shall be fifty centavos (P0.50) per hectare; and thereafter, the
annual rental shall be one peso (P1.00) per hectare.

(c) The lessee shall pay forest charges on the timber and other forest products grown and cut or gathered
in an industrial tree plantation or tree farm equivalent to six percent (6%) current market value thereof;
(d) Sale at cost of seedlings and free technical advice and assistance to persons who will develop their
privately-owned lands into industrial tree plantation or tree farm;

(e) Exemption from the payment of the percentage tax levied in Title V of the National Internal Revenue
Code when the timber and forest products are sold, bartered or exchanged by the lessee whether in their
original state or not;

(f) The Board of Investments shall, notwithstanding its nationality requirement on projects involving
natural resources, classify industrial tree plantations and tree farms as pioneer areas of investment under
its annual priority plan, to be governed by the rules and regulations of said Board. A lessee of an
industrial tree plantation or tree farm may either apply to the Board of Investments for the tax and other
benefits thereunder, or avail of the following benefits:

1. Amounts expended by a lessee in the development and operation of an industrial tree plantation or tree
farm prior to the time when the production state is reached, may, at the option of said lessee, be regarded
as ordinary and necessary business expenses or as capital expenditures; and

2. Deduction from an investor's taxable income for the year, of an annual investment allowance
equivalent to thirty-three and one-third per cent (33-1/3%) of his actual investment during the year in an
enterprise engaged in industrial tree plantation or tree farm: Provided, That such investment shall not be
withdrawn for a period of at least ten (10) years from the date of investment: Provided, further, That
should the investment be withdrawn within such period, a tax equivalent to double the amount of the total
income tax rebate resulting from the investment allowance shall be payable as a lump sum in addition to
the income tax due from the taxpayer for the year the investment was withdrawn.

(g) Except when public interest demands the alteration or modification, the boundaries of an area covered
by an industrial tree plantation or tree farm lease, once established on the ground, shall not be altered or
modified; and

(h) A lessee shall not be subject to any obligation prescribed in, or arising out of, the provisions of the
National Internal Revenue Code on withholding of tax at source upon interests paid on borrowings
incurred for development and operation of the industrial tree plantation or tree farm.

The Department Head may provide other incentives in addition to those hereinabove granted to promote
industrial tree plantation and tree farms in special areas such as, but not limited to, those where there are
no roads or where roads are inadequate, or areas with rough topography and remote areas far from
processing plants.

All amounts collected under this section shall accrue to a special deposit of the Bureau to be used for
reforestation of critical watersheds or degraded areas and other development activities, over and above
the general appropriation of the said Bureau.

D. FOREST PROTECTION

Section 37. Protection of all resources. All measures shall be taken to protect the forest resources from
destruction, impairment and depletion.

Section 38. Control of concession area. In order to achieve the effective protection of the forest lands and
the resources thereof from illegal entry, unlawful occupation, kaingin, fire, insect infestation, theft, and
other forms of forest destruction, the utilization of timber therein shall not be allowed except through
license agreements under which the holders thereof shall have the exclusive privilege to cut all the
allowable harvestable timber in their respective concessions, and the additional right of occupation,
possession, and control over the same, to the exclusive of all others, except the government, but with the
corresponding obligation to adopt all the protection and conservation measures to ensure the continuity of
the productive condition of said areas, conformably with multiple use and sustained yield management.

If the holder of a license agreement over a forest area expressly or impliedly waives the privilege to utilize
any softwood, hardwood or mangrove species therein, a license may be issued to another person for the
harvest thereof without any right of possession or occupation over the areas where they are found, but he
shall, likewise, adopt protection and conservation measures consistent with those adopted by the license
agreement holder in the said areas.

Section 39. Regulation of timber utilization in all other classes of lands and of wood-processing plants.
The utilization of timber in alienable and disposable lands, private lands, civil reservations, and all lands
containing standing or felled timber, including those under the jurisdiction of other government agencies,
and the establishment and operation of saw-mills and other wood-processing plants, shall be regulated in
order to prevent them from being used as shelters for excessive and unauthorized harvests in forest
lands, and shall not therefore be allowed except through a license agreement, license, lease or permit.

Section 40. Timber inventory in other lands containing standing or felled timber. The Bureau shall conduct
a one hundred per cent (100%) timber inventory in alienable and disposable lands and civil reservations
immediately upon classification or reservation thereof.

No harvest of standing or felled timber in alienable and disposable lands, private lands, civil reservation,
and all other lands, including those under the jurisdiction of other government agencies, shall be allowed
unless a one hundred per cent (100%) timber inventory has been conducted thereon.

Section 41. Sworn timber inventory reports. All reports on timber inventories of forest lands, alienable and
disposable lands, private lands, civil reservations, and all lands containing standing or felled timber must
be subscribed and sworn to by all the forest officers who conducted the same.

Section 42. Participation in the development of alienable and disposable lands and civil reservations. The
privilege to harvest timber in alienable and disposable lands and civil reservations shall be given to those
who can best help in the delineation and development of such areas in accordance with the management
plan of the appropriate government exercising jurisdiction over the same.

The extent of participation shall be based on the amount of timber which may be harvested therefrom.

Section 43. Swamplands and mangrove forests. Strips of mangrove forest bordering numerous islands
which protect the shoreline, the shoreline roads, and even coastal communities from the destructive force
of the sea during high winds and typhoons, shall be maintained and shall not be alienated. Such strips
must be kept from artificial obstruction so that flood water will flow unimpeded to the sea to avoid flooding
or inundation of cultivated areas in the upstream.

All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-cutting
operation.

Mangrove and other swamps released to the Bureau of Fisheries and Aquatic Resources for fishpond
purposes which are not utilized, or which have been abandoned for five (5) years from the date of such
release shall revert to the category of forest land.

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. Mining operations in forest lands shall be regulated and conducted with
due regard to protection, development and utilization of other surface resources.

Location, prospecting, exploration, utilization or exploitation of mineral resources in forest reservations

shall be governed by Mining laws, rules and regulations. No location, prospecting, exploration, utilization,
or exploitation of mineral resources inside forest concessions shall be allowed unless proper notice has
been served upon the licensees thereof and the prior approval of the Director, secured.

Mine tailings and other pollutants affecting the health and safety of the people, water, fish, vegetation,
animal life and other surface resources, shall be filtered in silt traps or other filtration devices and only
clean exhausts and liquids shall be released therefrom.

Surface-mined areas shall be restored to as near its former natural configuration or as approved by the
Director prior to its abandonment by the mining concern.

Section 48. Mineral Reservations. Mineral reservations which are not the subject of mining operations or
where operations have been suspended for more than five (5) years shall be placed under forest
management by the Bureau.

Mineral reservations where mining operations have been terminated due to the exhaustion of its minerals
shall revert to the category of forest land, unless otherwise reserved for other purposes.

Section 49. Roads and other infrastructure. Roads and other infrastructure in forest lands shall be
constructed with the least impairment to the resource values thereof.

Government agencies undertaking the construction of roads, bridges, communications, and other
infrastructure and installations inside forest lands, shall coordinate with the Bureau, especially if it will
involve the utilization or destruction of timber and/or other forest resources, or watershed disturbance
therein, in order to adopt measures to avoid or reduce damage or injury to the forest resource values.

They shall likewise extend assistance in the planning and establishment of roads, wharves, piers, port
facilities, and other infrastructure in locations designated as wood-processing centers or for the
convenience of wood-based industries.

In order to coincide and conform to government plans, programs, standards, and specifications, holders
of license agreements, licenses, leases and permits shall not undertake road or infrastructure
construction or installation in forest lands without the prior approval of the Director, or in alienable and
disposable lands, civil reservations and other government lands, without the approval of the government
agencies having administrative jurisdiction over the same.

All roads and infrastructure constructed by holders of license agreements, licenses, leases and permits
belong to the State and the use and administration thereof shall be transferred to the government
immediately upon the expiration or termination thereof. Prior thereto the Bureau may authorize the public
use thereof, if it will not be detrimental to forest conservation measures.

Where roads are utilized by more than one commercial forest user, the Bureau shall prescribe the terms
and conditions of joint use including the equitable sharing of construction and/or maintenance costs, and
of the use of these roads by other parties and the collection of such fees as may be deemed necessary.

Section 50. Logging roads. There shall be indiscriminate construction of logging roads.

Such roads shall be strategically located and their widths regulated so as to minimize clear-cutting,
unnecessary damage or injury to healthy residuals, and erosion. Their construction must not only serve
the transportation need of the logger but, most importantly, the requirement to save as many healthy
residuals as possible during cutting and hauling operations.

Section 51. Management of occupancy in forest lands. Forest occupancy shall henceforth be managed.
The Bureau shall study, determine and define which lands may be the subject of occupancy and
prescribed therein, an agro-forestry development program.

Occupants shall undertake measures to prevent and protect forest resources.

Any occupancy in forest land which will result in sedimentation, erosion, reduction in water yield and
impairment of other resources to the detriment of community and public interest shall not be allowed.

In areas above 50% in slope, occupation shall be conditioned upon the planting of desirable trees thereon
and/or adoption of other conservation measures.

Section 52. Census of kaingineros, squatters, cultural minorities and 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 before the effectivity of this Code, without permits or authority, shall not be
prosecuted: Provided, That they do not increase their clearings: Provided, further, That they undertake,
within two (2) months from the notice thereof, the activities which will be imposed upon them by the
Bureau in accordance with a management plan calculated to conserve and protect forest resources.

E. SPECIAL USES

Section 54. Pasture in forest lands. No forest land 50% in slope or over may be utilized for pasture
purposes.

Forest lands which are being utilized for pasture shall be maintained with sufficient grass cover to protect
soil, water and other forest resources.

If grass cover is insufficient, the same shall be supplemented with trees or such vegetative cover as may
be deemed necessary.

The size of forest lands that may be allowed for pasture and other special uses shall be determined by
rules and regulations, any provision of law to the contrary notwithstanding.

Section 55. Wildlife. Wildlife may be destroyed, killed, consumed, eaten or otherwise disposed of, without
the necessity of permit, for the protection of life, health, safety and property, and the convenience of the
people.

However, the Director may regulate the killing and destruction of wildlife in forest lands in order to
maintain an ecological balance of flora and fauna.
Section 56. Recreation. The Bureau shall, in the preparation of multiple-use management plans, identify
and provide for the protection of scenic areas in all forest lands which are potentially valuable for
recreation and tourism, and plan for the development and protection of such areas to attract visitors
thereto and meet increasing demands therefor.

The construction and operation of necessary facilities to accommodate outdoor recreation shall be done
by the Bureau with the use of funds derived from rentals and fees for the operation and use of
recreational facilities by private persons or operators, in addition to whatever funds may be appropriated
for such purposes.

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 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 he has not violated any forestry law, rule or regulation; 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.

The transferor shall forever be barred from acquiring another license agreement, license, lease or permit.

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 Code, formulate and submit
to the Department Head for approval a plan for the sale of at least twenty percent (20%) of its subscribed
capital stock in favor of its employees and laborers.

The plan shall be so implemented that the sale of the shares of stock shall be effected by the corporation
not later than the sixth year of its operation, or the first year of the effectivity of this Code, if the
corporation has been in operation for more than 5 years prior to such effectivity.

No corporation shall be issued any license agreement, license, lease or permit after the effectivity of this
Code, unless it submits such a plan and the same is approved for implementation within the sixth year of
its operation.

The Department Head shall promulgate the necessary rules and regulations to carry out the provisions of
this section, particularly on the determination of the manner of payment, factors affecting the selling price,
establishment of priorities in the purchase of the shares of stock, and the capability of the deserving
employees and laborers. The industries concerned shall extend all assistance in the promulgation of
policies on the matter, such as the submission of all data and information relative to their operation,
personnel management, and asset evaluation.

CHAPTER IV
CRIMINAL OFFENSES AND PENALTIES
Section 68. Cutting, gathering and/or collecting timber or other products without license. Any person who
shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from
alienable and disposable public lands, or from private lands, without any authority under a license
agreement, lease, license or permit, shall be guilty of qualified theft as defined and punished under
Articles 309 and 310 of the Revised Penal Code; Provided, That in the case of partnership, association or
corporation, the officers who ordered the cutting, gathering or collecting shall be liable, and if such officers
are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the
Commission on Immigration and Deportation.

The Court shall further order the confiscation in favor of the government of the timber or forest products to
cut, gathered, collected or removed, and the machinery, equipment, implements and tools used therein,
and the forfeiture of his improvements in the area.

The same penalty plus cancellation of his license agreement, lease, license or permit and perpetual
disqualification from acquiring any such privilege shall be imposed upon any licensee, lessee, or
permittee who cuts timber from the licensed or leased area of another, without prejudice to whatever civil
action the latter may bring against the offender.

Section 69. Unlawful occupation or destruction of forest lands. Any person who enters and occupies or
possesses, or makes kaingin for his own private use or for others any forest land without authority under
a license agreement, lease, license or permit, or in any manner destroys such forest land or part thereof,
or causes any damage to the timber stand and other products and forest growths found therein, or who
assists, aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any
forest land shall, upon conviction, be fined in an amount of not less than five hundred pesos (P500.00)
nor more than twenty thousand pesos (P20,000.00) and imprisoned for not less than six (6) months nor
more than two (2) years for each such offense, and be liable to the payment of ten (10) times the rental
fees and other charges which would have been accrued had the occupation and use of the land been
authorized under a license agreement, lease, license or permit: Provided, That in the case of an offender
found guilty of making kaingin, the penalty shall be imprisoned for not less than two (2) nor more than (4)
years and a fine equal to eight (8) times the regular forest charges due on the forest products destroyed,
without prejudice to the payment of the full cost of restoration of the occupied area as determined by the
Bureau.

The Court shall further order the eviction of the offender from the land and the forfeiture to the
Government of all improvements made and all vehicles, domestic animals and equipment of any kind
used in the commission of the offense. If not suitable for use by the Bureau, said vehicles shall be sold at
public auction, the proceeds of which shall accrue to the Development Fund of the Bureau.

In case the offender is a government official or employee, he shall, in addition to the above penalties, be
deemed automatically dismissed from office and permanently disqualified from holding any elective or
appointive position.

Section 70. Pasturing Livestock. Imprisonment for not less than six (6) months nor more than two (2)
years and a fine equal to ten (10) times the regular rentals due, in addition to the confiscation of such
livestock and all improvement introduced in the area in favor of the government, shall be imposed upon
any person, who shall, without authority under a lease or permit, graze or cause to graze livestock in
forest lands, grazing lands and alienable and disposable lands which have not as yet been disposed of in
accordance with the Public Land Act; Provided, That in case the offender is a corporation, partnership or
association, the officers and directors thereof shall be liable.

Section 71. Illegal occupation of national parks system and recreation areas and vandalism therein. Any
person who shall, without permit, occupy for any length of time any portion of the national parks system or
shall, in any manner, cut, destroy, damage or remove timber or any species of vegetation or forest cover
and other natural resources found therein, or shall mutilate, deface or destroy objects of natural beauty or
of scenic value within areas in the national parks system, shall be fined not less than two hundred
(P200.00) pesos or more than five hundred (P500.00) pesos exclusive of the value of the thing damaged;
Provided, That if the area requires rehabilitation or restoration as determined by the Director, the offender
shall also be required to restore or compensate for the restoration of the damage; Provided, Further, That
any person who, without proper permit shall hunt, capture or kill any kind of bird, fish or wild animal life
within any area in the national parks system shall be subject to the same penalty; Provided, Finally, That
the Court shall order eviction of the offender from the land and the forfeiture in favor of the Government of
all timber or any species of vegetation and other natural resources collected or removed, and any
construction or improvement made thereon by the offender. If the offender is an association or
corporation, the president or manager shall be directly responsible and liable for the act of his employees
or laborers.

In the event that an official of a city or municipal government is primarily responsible for detecting and
convicting the violator of the provisions of this Section, fifty per centum (50%) of the fine collected shall
accrue to such municipality or city for the development of local parks.

Section 72. Destruction of wildlife resources. Any person violating the provisions of Section 55 of this
Code, or the regulations promulgated thereunder, shall be fined not less than one hundred (P100.00)
pesos for each such violation and in addition shall be denied a permit for a period of three (3) years from
the date of the violation.
Section 73. Survey by unauthorized person. Imprisonment for not less than two (2) nor more than four (4)
years, in addition to the confiscation of the implements used in the violation of this section including the
cancellation of the license, if any, shall be imposed upon any person who shall, without permit to survey
from the Director, enter any forest lands, whether covered by a license agreement, lease, license, or
permit, or not, and conduct or undertake a survey for whatever purpose.

Section 74. Misclassification and survey by government official or employee. Any public officer or
employee who knowingly surveys, classifies, or recommends the release of forest lands as alienable and
disposable lands contrary to the criteria and standards established in this Code, or the rules and
regulations promulgated hereunder, shall, after an appropriate administrative proceeding, be dismissed
from the service with prejudice to re-employment, and upon conviction by a court of competent
jurisdiction, suffer an imprisonment of not less than one (1) year and a fine of not less than one thousand,
(P1,000.00) pesos. The survey, classification or release of forest lands shall be null and void.

Section 75. Tax declaration on real property. Imprisonment for a period of not less than two (2) nor more
than four (4) years and perpetual disqualification from holding an elective or appointive office, shall be
imposed upon any public officer or employee who shall issue a tax declaration on real property without a
certification from the Director of Forest Development and the Director of Lands or their duly designated
representatives that the area declared for taxation is alienable and disposable lands, unless the property
is titled or has been occupied and possessed by members of the national cultural minorities prior to July
4, 1955.

Section 76. Coercion and influence. Any person who coerces, influences, abets or persuades the public
officer or employee referred to in the two preceding sections to commit any of the acts mentioned therein
shall suffer imprisonment of not less than one (1) year and pay a fine of five hundred (P500.00) pesos for
every hectare or a fraction thereof so improperly surveyed, classified or released.

Section 77. Unlawful possession of implements and devices used by forest officers. Imprisonment for a
period of not less than (2) nor more than four (4) years and a fine of not less than one thousand pesos
(P1,000.00), nor more than ten thousand (P10,000.00) pesos in addition to the confiscation of such
implements and devices, and the automatic cancellation of the license agreement, lease, license or
permit, if the offender is a holder thereof, shall be imposed upon any person who shall, without authority
from the Director or his authorized representative, make, manufacture, or has in his possession any
government marking, hatchet or other marking implement, or any marker, poster, or other devices
officially used by officers of the Bureau for the marking or identification of timber or other products, or any
duplicate, counterfeit, or imitation thereof, or make or apply a government mark on timber or any other
forest products by means of any authentic or counterfeit device, or alter, deface, or remove government
marks or signs, from trees, logs, stumps, firewoods or other forest products, or destroy, deface, remove or
disfigure any such mark, sign, poster or warning notices set by the Bureau to designate the boundaries of
cutting areas, municipal or city forest or pasture, classified timber land, forest reserve, and areas under
the national park system or to make any false mark or imitation of any mark or sign herein indicated;
Provided, That if the offender is a corporation, partnership or association, the officers and directors
thereof shall be liable.

Section 78. Payment, collection and remittance of forest charges. Any person who fails to pay the amount
due and payable under the provisions of this Code, the National Internal Revenue Code, or the rules and
regulations promulgated thereunder, shall be liable to the payment of a surcharge of twenty-five per
centum (25%) of the amount due and payable.

Any person who fails or refuses to remit to the proper authorities said forest charges collectible pursuant
to the provisions of this Code or the National Internal Revenue Code, or who delays, obstructs or
prevents the same, or who orders, causes or effects the transfer or diversion of the funds for purposes
other than those specified in this Code, for each such offense shall, upon conviction, be punished by a
fine of not exceeding one hundred thousand pesos (P100,000.00) and/or imprisonment for a period of not
exceeding six (6) years in the discretion of the Court. If the offender is a government official or employee,
he shall, in addition, be dismissed from the service with prejudice to reinstatement and with
disqualification from holding any elective or appointive office.

If the offender is a corporation, partnership or association, the officers and directors thereof shall be
liable.

Section 79. Sale of wood products. No person shall sell or offer for sale any log, lumber, plywood or other
manufactured wood products in the international or domestic market unless he complies with grading
rules and established or to be established by the Government.

Failure to adhere to the established grading rules and standards, or any act of falsification of the volume
of logs, lumber, or other forest products shall be a sufficient cause for the suspension of the export,
sawmill, or other license or permit authorizing the manufacture or sale of such products for a period of not
less than two (2) years.

A duly accredited representative of the Bureau shall certify to the compliance by the licensees with
grading rules.

Every dealer in lumber and other building material covered by this Code shall issue an invoice for each
sale of such material and such invoice shall state that the kind, standard and size of material sold to each
purchaser in exactly the same as described in the invoice. Any violation of this Section shall be sufficient
ground for the suspension of the dealer's license for a period of not less than two (2) years and, in
addition thereto, the dealer shall be punished for each such offense by a fine of not less than two hundred
pesos (P200.00) or the total value of the invoice, whichever is greater.

Section 80. Arrest; Institution of criminal actions. A 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 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 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 investigations and file informations in court.

If the arrest and seizure are made in the forests, 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 for ordinary travel from the place of arrest 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 member or unit of the Philippine Constabulary, police 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.

Reports and complaints regarding the commission of any of the offenses defined in this Chapter, not
committed in the presence of any forest officer or employee, or any of the deputized officers or officials,
shall immediately be investigated by the forest officer assigned in the area where the offense was
allegedly committed, who shall thereupon receive the evidence supporting the report or complaint.

If there is prima facie evidence to support the complaint or report, the investigating forest officer shall file
the necessary complaint with the appropriate official authorized by law to conduct a preliminary
investigation of criminal cases and file an information in Court.

EO 277
EXECUTIVE ORDER NO. 277 July 25, 1987
AMENDING SECTION 68 OF PRESIDENTIAL DECREE (P.D.) NO. 705, AS AMENDED, OTHERWISE
KNOWN AS THE REVISED FORESTRY CODE OF THE PHILIPPINES, FOR THE PURPOSE OF
PENALIZING POSSESSION OF TIMBER OR OTHER FOREST PRODUCTS WITHOUT THE LEGAL
DOCUMENTS REQUIRED BY EXISTING FOREST LAWS, AUTHORIZING THE CONFISCATION OF
ILLEGALLY CUT, GATHERED. REMOVED AND POSSESSED FOREST PRODUCTS, AND
GRANTING REWARDS TO INFORMERS OF VIOLATIONS OF FORESTRY LAWS, RULES AND
REGULATIONS
"Sec. 68. Cutting, Gathering and/or collecting Timber, or Other Forest Products Without License. Any
person who shall cut, gather, collect, removed 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 with the penalties imposed under Articles 309 and 310 of the Revised
Penal Code: Provided, That in the case of partnerships, associations, or corporations, the officers who
ordered the cutting, gathering, collection or possession shall be liable, and if such officers are aliens, they
shall, in addition to the penalty, be deported without further proceedings on the part of the Commission on
Immigration and Deportation.
"The court shall further order the confiscation in favor of the government of the timber or any forest
products cut, gathered, collected, removed, or possessed as well as the machinery, equipment,
implements and tools illegally used in the area where the timber or forest products are found."
Sec. 2. Presidential Decree No. 705, as amended, is hereby further amended by adding Sections 68-A
and 68-B which shall read as follows:
"Sec. 68-A. Administrative Authority of the Department Head or His Duly Authorized Representative to
Order Confiscation. In all cases of violations of this Code or other forest laws, rules and regulations, the
Department Head or his duly authorized representative, may order the confiscation of any forest products
illegally cut, gathered, removed or possessed or abandoned, and all conveyances used either by land,
water or air in the commission of the offense and to dispose of the same in accordance with pertinent
laws, regulations or policies on the matter.
"Sec. 68-B. Rewards to Informants. Any person who shall provide any information leading to the
apprehension and conviction of any offender for any violation of this Code or other forest laws, rules and
regulations, or confiscation of forest products shall be given a reward in the amount of twenty per centum
(20%) of the proceeds of the confiscated forest products."
Sec. 3. All laws, orders, issuances, rules and regulations or parts thereof inconsistent with this Executive
Order are hereby repealed or modified accordingly.
Sec. 4. This Executive Order shall take effect after fifteen days following its publication either in the
Official Gazette or in a newspaper of general circulation in the Philippines.
RA 7161
AN ACT INCORPORATING CERTAIN SECTIONS OF THE NATIONAL INTERNAL REVENUE CODE
OF 1977, AS AMENDED, TO PRESIDENTIAL DECREE NO. 705, AS AMENDED, OTHERWISE
KNOWN AS THE "REVISED FORESTRY CODE OF THE PHILIPPINES", AND PROVIDING
AMENDMENTS THERETO BY INCREASING THE FOREST CHARGES ON TIMBER AND OTHER
FOREST PRODUCTS.
Section 3. Section 70 of Presidential Decree No. 705, as amended, (formerly Section 232 of the National
Revenue Code) is hereby amended to read as follows:
"Section 70. Charges on Timber Cut in Forestland- There shall be collected charges
on each cubic cubic meter of timber cut in forestland, whether belonging to the first,
second, third or fourth group, twenty-five percent (25%) of the actual FOB market
price based on species and grading: Provided, however, That, in the case of
pulpwood and matchwood cut in forestland, forest charges on each cubic meter shall
be ten percent (10%) of the actual FOB market price."
Section 6. There shall be added a new section after Section 72 of Presidential Decree No. 705, to be
known as Section 73, as to read as follows:
"Sec. 73. Effectivity and Application of Forest Charges and Determination of Market
Price of Forest Products.-The rates of forest charges provided for in Sections 70,71
and 72 hereof shall be effective upon approval of this Act. The new rates shall be
published in the Official Gazette or in two (2) newspapers of national circulation and
shall also be posted in conspicuous places in the different Department of Environment
and Natural Resources field offices.
"The actual FOB market price of forest products shall be justly determined once a
year by the Secretary of Environment and Natural Resources: Provided, That he shall
cause the creation of a committee to be composed of representatives of the
Department of Environment and Natural Resources, the National Economic and
Development Authority, the Department of Trade and Industry, the Bureau of Internal
Revenue and the wood and furniture industry and consumers sectors which shall
formulate the criteria and/or guidelines in the determination of the actual FOB market
price to be used as the basis for the assessment of the ad valorem tax. taking into
consideration production cost (developing cost, contingencies and miscellaneous
cost), species and grade of timber and forest products gathered within public
forestlands, alienable and disposable lands and private lands. Forest charges
collected shall be in lieu of the administrative charge on environment and other fees
and charges imposed thereon: Provided, That planted trees and other forest products
harvested from industrial tree plantations and private lands covered by existing tiller or
by approved land application are exempted from payment of forest charges."

Oposa vs. Factoran (July 30, 1993)

RULING: Petitioner-minors assert that they represent their generation as well as generations to come.
The Supreme Court ruled that they can, for themselves, for others of their generation, and for the
succeeding generation, file a class suit. Their personality to sue in behalf of succeeding generations is
based on the concept of intergenerational responsibility insofar as the right to a balanced and
healthful ecology is concerned. Such a right considers the “rhythm and harmony of nature” which
indispensably include, inter alia, the judicious disposition, utilization, management, renewal and
conservation of the country’s forest, mineral, land, waters, fisheries, wildlife, offshore areas and other
natural resources to the end that their exploration, development, and utilization be equitably accessible to
the present as well as the future generations.
Needless to say, every generation has a responsibility to the next to preserve that rhythm and harmony
for the full enjoyment of a balanced and healthful ecology. Put a little differently, the minor’s assertion of
their right to a sound environment constitutes at the same time, the performance of their obligation to
ensure the protection of that right for the generations to come.

1. Agencies tasked with Natural Resources Management

(a) Department of Environment and Natural Resources (DENR)
(b) Local Government
RA 7160, sec. 3 (i)
Section 3. Operative Principles of Decentralization. - The formulation and implementation of policies and
measures on local autonomy shall be guided by the following operative principles:
xxx
(l) The participation of the private sector in local governance, particularly in the delivery of basic services,
shall be encouraged to ensure the viability of local autonomy as an alternative strategy for sustainable
development;
xxx
Provinces [sec. 17, (3) (iii)] Municipalities [Sec. 17, (2) (ii)
(2) For a Municipality:
(ii) Pursuant to national policies and subject to supervision, control and review of the DENR,
implementation of community-based forestry projects which include integrated social forestry programs
and similar projects; management and control of communal forests with an area not exceeding fifty (50)
square kilometers; establishment of tree parks, greenbelts, and similar forest development projects;
Section 17. Basic Services and Facilities. -
(3) For a Province:
(iii) Pursuant to national policies and subject to supervision, control and review of the DENR, enforcement
of forestry laws limited to community-based forestry projects, pollution control law, small-scale mining law,
and other laws on the protection of the environment; and mini-hydroelectric projects for local purposes;
Cities [Sec. 17, (4)]
(4) For a City:
All the services and facilities of the municipality and province,
(c) Palawan Council for Sustainable Development (PCSD) with Respect to the Province of
Palawan
RA 7611 (1992) or the Strategic Environmental Plan for Palawan Act, Sec. 16
SEC. 16 Palawan Council for Sustainable Development. - The governance, implementation and policy
direction of the Strategic Environmental Plan shall be exercised by the herein created Palawan Council
for Sustainable Development (PCSD), hereinafter referred to as the Council, which shall be under the
Office of the President. It shall be composed of the Members of the House of the Representatives
representing the province of Palawan, the Deputy Director General of the National Economic and
Development Authority, the Undersecretary of Environment and Natural Resources, the Undersecretary
for Special Concerns of the Department of Agriculture, the Governor of Palawan, the Mayor of Puerto
Princesa City, the President of the Mayor's League of Palawan, the President of the Provincial Chapter of
the Liga ng mga Barangay, the Executive Director of the Palawan council for Sustainable Development
Staff as provided in Section 20 of this Act, and such other members from the public or private sectors as
the majority of the council may deem necessary. The Council shall elect, from among its members, a
Chairman and a Vice-Chairman.
(d) UP Los Baňos with Respect to Mt. Makiling
RA 6967, Secs. 1 and 2
AN ACT TO VEST CONTROL, JURISDICTION AND ADMINISTRATION OF THE FOREST RESERVE
IN MOUNT MAKILING IN THE UNIVERSITY OF THE PHILIPPINES IN LOS BAÑOS
Section 1. The entire forest reserve at Mt. Makiling in Laguna ceded, transferred and conveyed to the
University of the Philippines pursuant to Republic Act No. 3523 shall be administered and conserved
primarily as a training laboratory for the advancement of scientific and technical knowledge particularly in
the preservation, conservation and development of our forest, flora and fauna, and natural resources.
Section 2. The exclusive jurisdiction, administration and complete control of said forest reserve are
hereby vested in the University of the Philippines in Los Baños.
(e) Department of Energy
Sec. 2 of PD 1515 as amended by Pd 1749
Section 2. Section 2 of Presidential Decree No. 1515 is hereby amended to read as follows:
"Sec. 2. In relation to Sec. 1, the Ministry of Energy through the National Power Corporation shall be
responsible for the management, protection, development and rehabilitation of the aforementioned
watershed areas, including but not limited to the following:
1. Enforcement of forestry laws, rules, and regulations within said watershed areas;
2. Identification of areas which require immediate rehabilitation and development;
3. Preparation of plans and programs for the maximum utilization of watershed resources;
4. Formulation and/or implementation of measures to prevent denudation of watershed cover;
5. Public education and information drive to create awareness among the populace of the importance of
forests and uses of watershed areas;
6. Promotion of the development and conservation of existing vegetative cover;
7. Formulation of plans and development programs for resettlement and relocation;
8. Coordination with other government agencies/ instrumentalities, religious and civic groups in
undertaking forest conservation measures in watershed areas;
9. Afforestation, reforestation and physical rehabilitation measures in critically denuded watershed areas:
Provided, That said areas, pursuant to Letter of Instructions No. 917, shall not be the subject of
exploitation of whatever nature. Provided, finally, That on-going foreign assisted projects within the
immediate area of said watersheds shall be pursued by agencies currently implementing such projects,
except as otherwise mutually agreed upon by the Ministry of Natural Resources and the other agencies
concerned.
(f) Other Agencies
E. Modes of Utilizing Forest Resources
1. Under the 1987 Constitution
SECTION 4. The Congress shall, as soon as possible, determine by law the specific limits of forest lands
and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and
national parks shall be conserved and may not be increased nor diminished, except by law. The
Congress shall provide, for such period as it may determine, measures to prohibit logging in endangered
forests and watershed areas.

2. Under PD 705 (licenses/permits)

Section 20. License agreement, license, lease or permit. No person may utilize, exploit, occupy, possess
or conduct any activity within any forest land, or establish and operate any wood-processing plant, unless
he has been authorized to do so under a license agreement, lease, license, or permit.

3. Allocation/Tenure Instruments
(a) In Production Forest Lands
(i) Involving Communities
Community Based Forest Management Agreement (CBFMA)
Community Based Forest Management Agreement is a production sharing agreement between the
Department of Environment Natural Resources and the participating people’s organization (POs) for a
period of 25 years renewable for another 25 years and shall provide tenurial security and incentives to
develop, utilize and manage specific portions of forest lands.

(DENR Administrative Order No. 96-29)

EO no. 263 Series of 1995. DENR Administrative Order (DAO) No. 96-29. DAO 2003-1, DAO 98-45
Tenure Instrument Issued to Communities Prior to the CBFM Program
a) Forest Land Management Agreement (IFMA)
DENR DAO 23, Series of 1993
A contract between DENR and a Forest Land Manager (FLM) which among others:
 grants the sole and exclusive privilege to the FLM to occupy, develop and manage the land
specified in the contract for a period of 25 years, renewable for another 25 years;
 specifies the amount of financial assistance the DENR will provide under the contract to help the
FLM develop the land;
 grants to the FLM the sole and exclusive privilege to harvest, sell and utilize the products grown
on the land;
 obligates the FLM to repay the financial assistance previously provided by the DENR to help
develop the land

b) Certificate of Stewardship Contract (CSC)

Letter of Instruction (1.01) 1260, DENR DAO 96-29
c.1) Integrated Social Forestry Program (ISFP)
c) Certificate of Ancestral Domain Claim
(CADC)/Certificate of Ancestral Land Claim
(CALC)- to be discussed exhaustively under IPRA;

DENR DAO 2, Series of 1993

It is the policy of the DENR to preserve and maintain the integrity of ancestral domains and ensure
recognition of the customs and traditions of the indigenous cultural communities therein pursuant to the
Constitutional mandate for the recognition and protection of the rights of indigenous cultural comunities
d) Mangrove Stewardship Certificate
PD 705. as amended, DENR DAO 90-15, Dao 91-3
Mangroves have multi-uses. As such, the utilization, development and management of mangrove
resources shall involve as many uses as possible for the benefit of the greater number of users. To
sustain optimum productivity, it shall be the policy of the government to conserve, protect, rehabilitate and
develop the remaining mangrove, resources of the country; give preference to organization, association
or cooperatives over individual users in the utilization and development of the mangrove resources; stop
the wanton exploitation of the mangrove resources; and enhance the replenishment of the denuded areas
through natural or artificial means
RA 7161 (An Act Incorporating Certain Sections of the National Internal Revenue Code of 1977, as
amended, to PD 705 as amended otherwise known as the “revised Forestry Code of the Philippines”, and
providing Amendments thereto by Increasing the Forest Charges on Timber and other Forest products)
(ii) Involving the Private Sector
Ø Integrated Forest Management Agreement (IFMA) - a production sharing contract entered into by
and between the DENR and a qualified application wherein the DENR grants to the latter the exclusive
right to develop, manage, protect and utilize a specified area of forestland and forest resources therein for
a period of 25 years and may be renewed for another 25 year period, consistent with the principle of
sustainable development and in accordance with an approved CDMP and under which both parties share
in it produce
DENR DAO 99-53, DAO 2003-21
These regulations are in pursuance of the policies of the State which are: (a) The protection and
advancement of the right of people to a balanced and healthful environment; (b) The equitable distribution
of opportunities, income and wealth, sustained increase in the amount of goods and services produced by
the nation for the benefit of the people, and an expanding productivity from natural resources as keys to
uplift the quality of life; and (c) The promotion of industrialization and creation of employment
opportunities based on sound resource development through 97 industries that make full and efficient use
of human and natural resources.

Sec. 9.2 Conditions under which conversion can be allowed

For a TLA to be converted to an IFMA, the following conditions shall have been satisfied:
The TLA Holder shall have signified in writing such intention for conversion not later than one (1) year
prior to the date of expiration of the TLA of the Secretary; and
The applicant has shown satisfactory performance of the management and operation of the TLA and has
complied with the terms and conditions.

Ø Socialized Industrial Forest Management Agreement (SIFMA)

an agreement entered into by and between a natural or juridical person and the DENR wherein the latter
grants to the former the right to develop, utilize and manage a small tract of forestland consistent with the
principle of sustainable development.

DENR DAO 96-24

Ø Forest Land Grazing Management Agreement (FLGMA) a production sharing agreement between a
qualified person, association and/or corporation and the government to develop, manage and utilize
grazing lands.

Ø DAO 99-36 and MC 99-26 (Procedural Manual), as amended by DAO 2000-23

Ø Foreshore lease Agreement (FLA)

1. Duly accomplished Application Form

2. Application Fee
3. Map of the applied area; including the technical description, longitude and latitude
coordinates, and tie point from the nearest landmark
4. Pertinent documents showing proof that the applicant is a legitimate entity qualified to be a
holder of a forestland Tenurial Instrument or Agreement
5. For an individual applicant, certified copy of Birth Certificate or, certified copy of Certificate
of Naturalization
6. For an association, corporation, cooperative or partnership; certified copy of Securities &
Exchange Commission (SEC) Registration Certificate, Articles of
Incorporation/Partnership, and Resolution of the corporate governing body (Board of
Directors, Board of Trustees, etc.) designating the authorized representative of said
corporation, association or partnership to apply/sign documents for and in behalf of the
company
7. For cooperative, certified copy of Certificate of Registration with the Cooperative
Development Authority (CDA)
8. Indicative Management Plan
9. Environmental Compliance Certificate (ECC), issued by the Environmental Management
Bureau of DENR
10. Appropriate clearance from the National Commission on Indigenous Peoples (NCIP)
11. Clearance from Palawan Council for Sustainable Development (PCSD), if the applied area
is located in the province of Palawan
12. BIR Certification on the zonal valuation of the nearest commercial zone of the
Barangay/Municipality or Province, whichever is higher
13. Proof of Financial Capability to develop and manage the applied area
14. Endorsement from the concerned CENRO, PENRO and RED of DENR
15. Performance bond twice the annual rental of users fee as the case maybe, but not less
than P10,000. Provided that 50% of the computed bond deposit may be posted in CASH
and a balance in the form of surety with a duration of (5) five years renewable every (5)
years in case of a lease or management agreement coterminous to the FLAg

Ø Commonwealth Act No. 141, DAO 99-34

To Adhere to the government’s policy to tap all resources that can generate income to carry out the
developmental programs; b) Promote the improvement and sustainable use of our country’s foreshore
and areas through effective and efficient management schemes and strategies; c) Institutionalize a
cohesive partnership between the government and foreshore contract holders for the conservation and
maintenance of an ecologically balanced environment without compromising the financial benefits to be
derived from user’s fees and other similar fees; d) Provide a generally accepted scheme to ensure its free
access to the area for recreation, educational and sports purposes.

Ø Special Land Use Permit (SLUP )a privilege granted by the State to a person to occupy, possess and
manage in consideration of specified return, any public forest lands for a specific use or purpose. (FAO 8-
3, as amended)
Ø Section 79 (b) and 1817 of the Revised Administrative Code Bureau of Forest Development
(BFD)
SECTION 79 (B). Power to regulate. – The Department Head shall have power to promulgate, whenever
he may see fit to do so, all rules, regulations, orders, circulars, memorandums, and other instructions, not
contrary to law, necessary to regulate the proper working and harmonious and efficient administration of
each and all of the offices and dependencies of his Department, and for the strict enforcement and proper
execution of the laws relative to matters under the jurisdiction of said Department; but none of said rules
or orders shall prescribe penalties for the violation thereof, except as expressly authorized by law. All
rules, regulations, orders, or instructions of a general and permanent character promulgated in conformity
with this section shall be numbered by each Department consecutively each year, and shall be duly
published.
Chiefs of Bureaus or offices may, however, be authorized to promulgate circulars of information or
instructions for the government of the officers and employees in the interior administration of the business
of each Bureau or office, and in such case said circulars shall not be required to be published.

SECTION 1817. Regulations of Bureau of Forestry. – The regulations of the Bureau of Forestry, with the
approval of the Department Head first had, shall, among other things, contain provisions deemed
expedient or necessary to secure the protection and conservation of the public forests in such manner as
to insure a continued supply of valuable timber and other forest products for the future, and regulating the
use and occupancy of the forests and forest reserves, to the same end.
The regulations shall also specify the kinds of licenses that will be issued by the Bureau of Forestry.

Administrative Order no. 83-41 series of 1941, sec. 57 of PD 705 as amended; DENR DAO 93 -66,
DENR DAO 98-24 (Manual of Approvals)
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.

A DENR Manual of Approvals is hereby adopted to delegate authorities and delineate functions in the
Central and Field Offices. All Offices of DENR, including its bureaus, attached agencies, foreignassisted
and special projects and programs and field offices shall adhere to the provisions of this Manual which
forms part of this Order.

(iii) Involving Local Government Units (LGUs)

Communal Forest
RA 7160 or the local Government Code [sec.17, (b) (4)] and DENR-DILG JMC Nos. 98-01 and 2003-
01
LOCAL GOVERNMENT CODE
Section 17. Basic Services and Facilities.
(b) Such basic services and facilities include, but are not limited to, the following:

4) For a City:

All the services and facilities of the municipality and province, and in addition thereto, the following:
(1) Adequate communication and transportation facilities;

(c) Notwithstanding the provisions of subsection (b) hereof, public works and infrastructure projects and
other facilities, programs and services funded by the national government under the annual General
Appropriations Act, other special laws, pertinent executive orders, and those wholly or partially funded
from foreign sources, are not covered under this Section, except in those cases where the local
government unit concerned is duly designated as the implementing agency for such projects, facilities,
programs, and services.

(d) The designs, plans, specifications, testing of materials, and the procurement of equipment and
materials at P170 from both foreign and local sources necessary for the provision of the foregoing
services and facilities shall be undertaken by the local government unit concerned, based on national
policies, standards and guidelines.

(e) National agencies or offices concerned shall devolve to local government units the responsibility for
the provision of basic services and facilities enumerated in this Section within six (6) months after the
effectivity of this Code.

As used in this Code, the term "devolution" refers to the act by which the national government confers
power and authority upon the various local government units to perform specific functions and
responsibilities.

(f) The national government or the next higher level of local government unit may provide or augment the
basic services and facilities assigned to a lower level of local government unit when such services or
facilities are not made available or, if made available, are inadequate to meet the requirements of its
inhabitants.

(g) The basic services and facilities hereinabove enumerated shall be funded from the share of local
government units in the proceeds of national taxes and other local revenues and funding support from the
national government, its instrumentalities and government-owned or controlled corporations which are
tasked by law to establish and maintain such services or facilities. Any fund or resource available for the
use of local government units shall be first allocated for the provision of basic services or facilities
enumerated in subsection (b) hereof before applying the same for other purposes, unless otherwise
provided in this Code.

(h) Regional offices of national agencies or offices whose functions are devolved to local government
units as provided herein shall be phased out within one (1) year from the approval of this Code. Said
national agencies and offices may establish such field units as may be necessary for monitoring purposes
and providing technical assistance to local government units. The properties, equipment, and other
assets of these regional offices shall be distributed to the local government units in the region in
accordance with the rules and regulations issued by the oversight committee created under this Code.

(i) The devolution contemplated in this Code shall include the transfer to local government units of the
records, equipment, and other assets and personnel of national agencies and offices corresponding to
the devolved powers, functions, and responsibilities.

Personnel of said national agencies or offices shall be absorbed by the local government units to which
they belong or in whose areas they are assigned to the extent that it is administratively viable as
determined by the said oversight committee: Provided, That the rights accorded to such personnel
pursuant to civil service law, rules and regulations shall not be impaired: Provided, further, That regional
directors who are career executive service officers and other officers of similar rank in the said regional
offices who cannot be absorbed by the local government unit shall be retained by the national
government, without any diminution of rank, salary or tenure.

(j) To ensure the active participation of the private sector in local governance, local government units
may, by ordinance, sell, lease, encumber, or otherwise dispose of public economic enterprises owned by
them in their proprietary capacity.

Costs may also be charged for the delivery of basic services or facilities enumerated in this Section.

Community Watershed Areas

DENR-DILG JMC 98-01 and JMC 2003-01
It shall be identified through a forest land use planning to be undertaken jointly by the DENR and the
concerned LGU. The Forest land use plan shall indicate, among others, the site and location of the
Community watershed;

The functions and responsibility of enforcing forestry laws, rules and regulations within community based
project areas, community watershed areas and communal forest that are located within the territorial
jurisdiction of the cities are now devolved to the respective cities.

Co-Management Agreement
DENR-DILG JMC 98-01 and JMC 2003-01
To further the ends of local autonomy, the DENR in consultation with the LGUs shall devolved additional
functions and responsibilities to the local government units, or enter into agreements with them for
enlarged forest management and other ENR-related functions.

4. Licenses And Permits Issued For the Utilization Of Forest Resources

a. in production Forest Lands
(i) Ordinary Minor Forest Products License (OMFPL)
1. Letter application or duly accomplished application form by the applicant.
2. Application fee
3. Sketch map of the area applied for forest products gathering
4. If applicant is a corporation, association or partnership a true copy of its Articles of Incorporation/
Partnership and by-laws duly certified by the Securities and Exchange Commission (SEC)
5. If applicant is a cooperative, a true copy of the Articles of Incorporation and by-laws duly certified
by the Cooperative Development Authority (CDA).
6. If applicant uses a trade name; a certificate of registration from the Department of Trade &
Industry (DTI)
7. A certified copy of latest Income Tax Return
8. Proofs of Capitalization
9. Endorsement of LGU concerned

Forestry Administrative Order (FAO) 11, Series of 1970

Ushers in the decade with "rules and regulations governing the disposition, harvesting, development, and
utilization of forest products." It restates the basic policy enunciated in the Forest Act of 1904, which
emphasizes forest perpetuation in productive condition. More specifically, however, it spells out other
requirements for the awarding of licenses for commercial and forest utilization, namely, that (1) the award
should "advance the economic and social welfare of the Filipino people," (2) the size of the area covered
by the license should be "capable of supporting a predetermined wood demand and other uses of
dependent industries or communities on a continued basis under an approved management plan," and
(3) the award should be through public bidding (Section 1.3.a). However, "when public interest demands,"
a vacant forest area may be awarded to any "qualified applicant" who has the capability "to develop the
area applied forand his capacity to promote wood industrialization and the socioeconomic development of
the region"
(ii) Rattan Cutting Contract (RCC)
a contract entered into the Secretary of Environment and Natural Resources and another party to cut,
gather and transport rattan. (DENR Administrative Order No. 89-04)
DAO 89-61, DMO 88-5, DAO 89-4, DMC 2001-08

(iii) Wood Recovery Permit (WRP)

the operating permit to sawmill, mini-sawmill, re-saw permit, plywood/veneer plants,
blockboards/fiberboard/particle board and other wood based panel plants and wood treating plants. It is
issued to the holders of existing timber license agreements or permits and for those non-timber holders
but with approved Equity Participation Agreement maybe granted a permit not exceeding two years.
Permits that maybe issued to operators other that the above shall have a duration of not more than one
year. (MAO 50, series of 1986 as amended by DENR Administrative Order No. 2003-41)
PD 705 (sec. 68), LOI 1311(1983), BFD AO No. 284, DENR DAO 2000-78
(iv) Tree Cutting
PD 705, as amended: PD 953 and DAO 98-24
5. Agreement And Permits Involving Forest Resources In Private Lands
a. Private Land Timber Permit (PLTP)
Dao 2000-21
Private Land Timber Permit (PLTP) -a permit issued to a landowner for the cutting, gathering and
utilization of naturally-grown trees in private lands.

b. Special Private Land Timber Permit (SPLTP)

DAO 2000-21
Special Private Land Timber Permit (SPLTP) - a permit issued to a landowner specifically for the cutting,
gathering and utilization of premium hardwood species including Benguet pine, both planted and naturally
-grown trees

c. Special Tree Cutting Permit (STCP)

1. Filled-out Online Application Form or Letter of Application
2. Authenticated copy of ownership to the Land (for private land)
3. Inventory fee based on DAO 2004-16
4. Harvesting Development Plan, if the application covers = (10) hectares with at least 50% of the
area covered with forest trees
5. Endorsement from any of the following Local Government Unit Officials
6. Initial Environmental Examination (IEE) as a basis for the Environmental Compliance Certificate
(ECC)
PD 705, as amended; PD 953 and DAO 98-24 (Manual of Approvals)
F. Qualifications for utilization of Forest Resources
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 development measures to insure the perpetuation of said forest in productive condition.

G. Forest Protection
Executive Order No. 23, series of 2011
DECLARING A MORATORIUM ON THE CUTTING AND HARVESTING OF TIMBER IN THE NATURAL
AND RESIDUAL FORESTS AND CREATING THE ANTI-ILLEGAL LOGGING TASK FORCE

Section 2. Moratorium on the Cutting and Harvesting of Timber in the Natural Forests – A
moratorium on the cutting and harvesting of timber in the natural and residual forests of the entire country
is hereby declared unless lifted after the effectivity of this Executive Order. In order to implement this
policy, the following are hereby instituted:

2.1 The DENR is henceforth hereby prohibited form issuing logging contracts/agreements in all natural
and residual forests, such as Integrated Forest Management Agreements (IFMA), Socialized Integrated
Forest Management Agreements (SIFMA), Community-Based Forest Management Agreement (CBFMA)
and other agreements/contracts with logging components in natural and residual forests;

2.2 The DENR is likewise prohibited from issuing/renewing tree cutting permits in all natural and residual
forests nationwide, except for clearing of road right of way by the DPWH, site preparation for tree
plantations, silvicultural treatment and similar activities, provided that all logs derived from the said cutting
permits shall be turned over to the DENR for proper disposal. Tree cutting associated with cultural
practices pursuant to the indigenous Peoples Right Act (IPRA Law) may be allowed only subject to strict
compliance with existing guidelines of the DENR;

2.3 The DENR shall review/evaluate all existing IFMAs, SIFMAs, CBFMAs and other forestry
agreements/contacts and immediately terminate/cancel the agreements of those who have violated the
terms and conditions of their contracts/agreements as well as existing forest laws, rules and regulations
at least twice. Furthermore, said agreements shall likewise be immediately terminated/cancelled if the
holders thereof engage in logging activities in any natural or residual forest or abet the commission of the
same;

2.4 The DENR shall strictly implement a forest certification system in accordance with the United Nations
standard/guidelines to ascertain the sustainability of legal sources and chain of custody of timber and
wood products, nationwide;

2.5 The DENR shall close and not allow to operate all sawmills, veneer plants and other wood processing
plants who are unable to present proof of sustainable sources of legally cut logs for a period of at least
five (5) years within one month from effectivity of this Executive Order:

2.6 The DENR through the DA-DENR-DAR Convergence Initiative, shall develop a National Greening
Program NGP in cooperation with the Department of Education (DepEd) and the Commission on Higher
Education (CHED) to initiate the educational drive campaign; the Department of Interior and Local
Government (DILG) to help in establishing communal tree farms for firewood and other purposes; the
Department of Social Welfare and Development (DSWD) to identify the upland farmers covered by the
NGP as priority beneficiaries of the conditional cash transfer program; the Department of Budget and
Management (DBM) to provide the funds for the production of quality seedlings for the NGP from
available funds of the government; and the private sector and other concerned agencies/institutions to
raise funds and resources for tree planting.

2.7 The Department of Education shall be given priority in the use of all confiscated logs.

Section 3. Creation of the Anti-Illegal Logging Task Force. To enforce the moratorium and lead the
anti-illegal logging campaign, an Anti-Illegal Logging Task Force is hereby created. The Task Force shall
be composed of the DENR Secretary or his duly authorized representative as Chairman and the
Secretary of the Department of the Interior and Local Government, the Secretary of the Department of
National Defense, the Chief of the Philippine National Police, the Chief of Staff of the Armed Forces of the
Philippines of their respective authorized representatives , as members.

National Greening Program (EO 26)

DECLARING AN INTERDEPARTMENTAL CONVERGENCE INITIATIVE FOR A NATIONAL
GREENING PROGRAM

Section 2. Coverage. The National Greening Program shall plant some 1.5 Billion trees covering about
1.5 Million hectares for a period of six (6) years from 2011 to 2016, in the following lands of the public
domain:
2.1 Forestlands
2.2 Mangrove and protected areas
2.3 Ancestral domains
2.4 Civil and military reservations
2.5 Urban areas under the greening plan of the LGUs
2.6 Inactive and abandoned mine sites; and
2.7 Other suitable lands
All other greening efforts of the private sector and civil society shall be harmonized under the NGP.

H. Prohibited Acts
 Act 2812”prohibiting the Unauthorized Cutting or Utilization of Fruit Trees and Bushes in Public or
Communal Forests”

 PD 953 “ Requiring the Planting of Trees in certain places and Penalizing Unauthorized Cutting,
Destruction, Damaging And Injuring Of Certain Trees, Plants And Vegetation” (issued July 6,
1976); and PD 705 entitled “ Revising Presidential Decree no. 389, Otherwise Known as The
Forestry Reform Code of the Philippines” (issued May 19, 1975), as amended.

Ø PD 705, Secs. 77-83, 32, 33

SECTION 77. Unlawful Possession of Implements and Devices Used by Forest Officers. — Imprisonment
for a period of not less than (2) nor more than four (4) years and a fine of not less than one thousand
pesos (P1,000.00), nor more than ten thousand (P10,000.00) pesos in addition to the confiscation of such
implements and devices, and the automatic cancellation of the license agreement, lease, license or
permit, if the offender is a holder thereof, shall be imposed upon any person who shall, without authority
from the Director or his authorized representative, make, manufacture, or has in his possession any
government marking, hatchet or other marking implement, or any marker, poster, or other devices
officially used by officers of the Bureau for the marking or identification of timber or other products, or any
duplicate, counterfeit, or imitation thereof, or make or apply a government mark on timber or any other
forest products by means of any authentic or counterfeit device, or alter, deface, or remove government
marks or signs, from trees, logs, stumps, firewood or other forest products, or destroy, deface, remove or
disfigure any such mark, sign, poster or warning notices set by the Bureau to designate the boundaries of
cutting areas, municipal or city forest or pasture, classified timber land, forest reserve, and areas under
the national park system or to make any false mark or imitation of any mark or sign herein indicated:
Provided, That if the offender is a corporation, partnership or association, the officers and directors
thereof shall be liable.
SECTION 78. Payment, Collection and Remittance of Forest Charges. — Any person who fails to pay the
amount due and payable under the provisions of this Code, the National Internal Revenue Code, or the
rules and regulations promulgated thereunder, shall be liable to the payment of a surcharge of twenty-five
per centum (25%) of the amount due and payable. Any person who fails or refuses to remit to the proper
authorities said forest charges collectible pursuant to the provisions of this Code or the National Internal
Revenue Code, or who delays, obstructs or prevents the same, or who orders, causes or effects the
transfer or diversion of the funds for purposes other than those specified in this Code, for each such
offense shall, upon conviction, be punished by a fine of not exceeding one hundred thousand pesos
(P100,000.00) and/or imprisonment for a period of not exceeding six (6) years in the discretion of the
Court. If the offender is a government official or employee, he shall, in addition, be dismissed from the
service with prejudice to reinstatement and with disqualification from holding any elective or appointive
office. If the offender is a corporation, partnership or association, the officers and directors thereof shall
be liable. SECTION 79. Sale of Wood Products. — No person shall sell or offer for sale any log, lumber,
plywood or other manufactured wood products in the international or domestic market unless he complies
with grading rules and established or to be established by the Government. Failure to adhere to the
established grading rules and standards, or any act of falsification of the volume of logs, lumber, or other
forest products shall be a sufficient cause for the suspension of the export, sawmill, or other license or
permit authorizing the manufacture or sale of such products for a period of not less than two (2) years. A
duly accredited representative of the Bureau shall certify to the compliance by the licensees with grading
rules. Every dealer in lumber and other building material covered by this Code shall issue an invoice for
each sale of such material and such invoice shall state that the kind, standard and size of material sold to
each purchaser in exactly the same as described in the invoice. Any violation of this Section shall be
sufficient ground for the suspension of the dealer's license for a period of not less than two (2) years and,
in addition thereto, the dealer shall be punished for each such offense by a fine of not less than two
hundred pesos (P200.00) or the total value of the invoice, whichever is greater
SECTION 80. Arrest; Institution of Criminal Actions. — A 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 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
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 investigations and file information in court. If the arrest and seizure are made
in the forests, 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 for ordinary
travel from the place of arrest 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 member or unit of the Philippine
Constabulary, police 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. Reports and complaints
regarding the commission of any of the offenses defined in this Chapter, not committed in the presence of
any forest officer or employee, or any of the deputized officers or officials, shall immediately be
investigated by the forest officer assigned in the area where the offense was allegedly committed, who
shall thereupon receive the evidence supporting the report or complaint.
Ø RA 8371, “The Indigenous Peoples’ Rights Act of 1997”.Secs. 72, 10, 3(a)
SECTION 10. Unauthorized and Unlawful Intrusion. — Unauthorized and unlawful intrusion upon, or use
of any portion of the ancestral domain, or any violation of the rights hereinbefore enumerated, shall be
punishable under this law. Furthermore, the Government shall take measures to prevent non-ICCs/IPs
from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership,
possession of land belonging to said ICCs/IPs.

SECTION 72. Punishable Acts and Applicable Penalties. — Any person who commits violation of any of
the provisions of this Act, such as, but not limited to, unauthorized and/or unlawful intrusion upon any
ancestral lands or domains as stated in Sec. 10, Chapter III, or shall commit any of the prohibited acts
mentioned in Sections 21 and 24, Chapter V, Section 33, Chapter VI hereof, shall be punished in
accordance with the customary laws of the ICCs/IPs concerned: Provided, That no such penalty shall be
cruel, degrading or inhuman punishment: Provided, further, That neither shall the death penalty or
excessive fines be imposed. This provision shall be without prejudice to the right of any ICCs/IPs to avail
of the protection of existing laws. In which case, any person who violates any provision of this Act shall,
upon conviction, be punished by imprisonment of not less than nine (9) months but not more than twelve
(12) years or a fine of not less than One hundred thousand pesos (P100,000) nor more than Five hundred
thousand pesos (P500,000) or both such fine and imprisonment upon the discretion of the court. In
addition, he shall be obliged to pay to the ICCs/IPs concerned whatever damage may have been suffered
by the latter as a consequence of the unlawful act.

PD 953 (July 6, 1976)

REQUIRING THE PLANTING OF TREES IN CERTAIN PLACES AND PENALIZING UNAUTHORIZED
CUTTING, DESTRUCTION, DAMAGING AND INJURING OF CERTAIN TREES, PLANTS AND
VEGETATION

Section 3. Any person who cuts, destroys, damages or injuries, naturally growing or planted trees of any
kind, flowering or ornamental plants and shrubs, or plants of scenic, aesthetic and ecological values,
along public roads, in plazas, parks other than national parks, school premises or in any other public
ground or place, or on banks of rivers or creeks, or along roads in land subdivisions or areas therein for
the common use of the owners of lots therein, or any species of vegetation or forest cover found therein
shall, be punished with imprisonment for not less than six months and not more than two years, or a fine
of not less than five hundred pesos and not more than five thousand pesos, or with both such
imprisonment and fine at the discretion of the court, except when the cutting, destroying, damaging or
injuring is necessary for public safety or the pruning thereof is necessary to enhance beauty, and only
upon the approval of the duly authorized representative of the head of agency or political subdivision
having jurisdiction therein, or of the Director of Forest Development in the case of trees on banks of rivers
and creeks, or of the owner of the land subdivision in the case of trees along roads and in other areas
therein for the common use of owners of lots therein. If the offender is a corporation, partnership or
association, the penalty shall be imposed upon the officer or officers thereof responsible for the offense,
and if such officer or officers are aliens, in addition to the penalty herein prescribed, he or they shall be
deported without further proceedings before the Commission on Immigration and Deportation. Nothing in
this Decree shall prevent the cancellation of a license agreement, lease, license or permit from the
Government, if such cancellation is prescribed therein or in Government regulations for such offense.

Ø PD 1216 “Defining “Open Space “in Residential Subdivisions and Amending Section 31 of Presidential
Decree no. 957 Requiring Subdivisions Owners to Provide Roads, Alleys, Sidewalks and Reserve Open
Space For Parks For Recreational Use” (issued October 14 1977)

Section 2. Section 31 of Presidential Decree No. 957 is hereby amended to read as follows:
"Sec. 31. Roads, Alleys, Sidewalks and Open spaces. The owner as developer of a subdivision shall
provide adequate roads, alleys and sidewalks. For subdivision projects one (1) hectare or more, the
owner or developer shall reserve thirty percent (30%) of the gross area for open space. such open space
shall have the following standards allocated exclusively for parks, playgrounds and recreational use:
(a) 9% of gross area for high density or social housing (66 to 100 family lot per gross hectare).
(b) 7% of gross area for medium-density or economic housing (21 to 65 family lot per gross hectare).
(c) 3.5 % of gross area low-density or open market housing (20 family lots and below per gross hectare).
These areas reserved for parks, playgrounds and recreational use shall be non-alienable public lands,
and non-buildable. The plans of the subdivision project shall include tree planting on such parts of the
subdivision as may be designated by the Authority.
Upon their completion as certified to by the Authority, the roads, alleys, sidewalks and playgrounds shall
be donated by the owner or developer to the city or municipality and it shall be mandatory for the local
governments to accept provided, however, that the parks and playgrounds may be donated to the
Homeowners Association of the project with the consent of the city or municipality concerned. No portion
of the parks and playgrounds donated thereafter shall be converted to any other purpose or purposes.
Section 3. Sections 2 and 5 of Presidential Decree No. 953 are hereby repealed and other laws,
decrees, executive orders, institutions, rules and regulations or parts thereof inconsistent with these
provisions are also repealed or amended accordingly.
Section 4. This Decree shall take effect immediately.

Ø RA 8048, Sec. 8“Coconut Preservation Act of 1995."

Sec. 8. Penalties. —Those found guilty of violating this Act or any rules and regulations issued pursuant
hereto shall, upon conviction, be punished by imprisonment of not less than one (1) year but not more
than six (6) years, or a fine of not less than Fifty thousand pesos (P50,000) but not more than Five
hundred thousand pesos (P500,000), or both in the discretion of the court.
If the offender is a corporation or a juridical entity, the official who ordered or allowed the commission of
the offense shall be punished with the same penalty.
If the offender is in the government service, he shall, in addition be dismissed from office.
RA 9175 or the Chainsaw Act AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE,
IMPORTATION AND USE OF CHAINSAWS, PENALIZING VIOLATIONS THEREOF AND FOR OTHER
PURPOSES
The Rationale is to conserve, develop and protect the forest resources under sustainable
management. Toward this end, the State shall pursue an aggressive forest protection program geared
towards eliminating illegal logging and other forms of forest destruction which are being facilitated with the
use of chainsaws. The State shall therefore regulate the ownership, possession, sale, transfer,
importation and/or use of chain saws to prevent them from being used in illegal logging or unauthorized
clearing of forests.

Ø DAO 97-32 (October 10, 1997) “Administrative adjudication of illegal forest products act the machinery
, equipment, tools and conveyance used in connection forestry crimes

Sec. 3. Persons Authorized to Make Apprehensions and Effect Seizures. 1. APPREHENSION - The
following are authorized to apprehend items outlined in Section 2 hereof: (a) Forest Officers as defined in
Section 1(f) hereof; 1 1 Ie. , these documents required by law, rules and regulations administered by the
DENR 38 (b) Deputies (i.e., other government officials and private citizens duly deputized by the DENR
Secretary or his duly authorized representative); (c) Members of law enforcement agencies; and (d)
Private citizens as provided by law.

Section 4. SEIZURE — The administrative seizure of illegal forest products takes effect when, for the
purpose of holding the same in custodia legis, any DENR Officer designated as a Seizure Officer actually
takes delivery from an apprehending officer as described in Section 3 hereof and thereby assumes
possession/control of item(s) apprehended pursuant hereto. Only the following are designated Seizure
Officers with authority to effect the administrative seizure of items listed in Section 2 hereof and within
their respective areas of operation: (a) The DENR Regional Executive Director (RED) or, in his absence,
any DENR Regional Technical Director (RTD) actually assigned to the area of apprehension at the time
thereof; (b) The Provincial Environment & Natural Resources Officer (PENRO) or, in his absence, any
Senior Forest Management Specialist (SFMS) or Senior Environmental Management Specialist (SEMS)
actually assigned to the area of apprehension at the time thereof; (c) The Community Environment &
Natural Resources Officer (CENRO) or, in his absence, any DENR Officer with the rank of Forester III or
Land Management Officer III (LMO III) actually assigned to the area of apprehension at the time thereof;
and 39 (d) The Secretary may, from time to time, designate, in writing, such other DENR Officers for the
purpose.
Sec. 9. Temporary Release of Conveyances. When a conveyance is apprehended by virtue hereof, and
any time thereafter pending final disposition of the administrative case, and should available evidence
establish to the satisfaction of the Hearing Officer that the conveyance may be used for lawful purposes,
such as, but not limited to: personal mode of transportation; commercial passenger transport; cargo
hauling; or other similar legal use, temporary release thereof to the owner or claimant or other interested
Party may be applied for, and release thereof to the Applicant pendente lite may be granted by the
Hearing Officer upon compliance with the following requirements.

Sec. 12. Disposition of Items Confiscated in Favor of the Government. 1. Items confiscated in favor of the
Government in summary administration proceedings conducted pursuant hereto shall be disposed of in
accordance with law. 2. The disposition of items administratively confiscated in favor of the Government
pursuant to these Rules shall be governed by the same requirement rules of procedures applied by the
DENR Central Committee on Bids and Awards of the Office of the Secretary. In this connection, the
Central Committee shall reproduce its requirements and rules of procedure for adoption and strict
compliance. 3. For the implementation of these Rules, only the DENR Regional Committees on Bids and
Awards are authorized to dispose of items administratively confiscated in favor of the Government
pursuant hereto, provided that the value of each or all the items to be disposed of in each instances does
not exceed five hundred 58 thousand pesos (P500,000.00). In cases where the value of any item, or
when the total value of the items scheduled for disposition at any instance, exceeds the cited amount,
disposition thereof shall be referred to the Central Committee on Bids and Awards, which shall conduct
proceedings in relation thereto

Ø Calub vs. CA (April 7, 2000)

HELD: The Revised Forestry Code authorizes the DENR to seize all conveyances used in the
commission of an offense in violation of Section 78. In addition, Section 78 makes mere possession of
timber or other forest products without the accompanying legal documents unlawful and punishable with
the penalties imposed for the crime of theft, as prescribed in Articles 309-310 of the Revised Penal
Code. In the present case, the subject vehicles were loaded with forest products at the time of the
seizure. But admittedly no permit evidencing authority to possess and transport said load of forest
products was duly presented. These products, in turn, were deemed illegally sourced. Thus there was a
prima facie violation of Section 68 [78] of the Revised Forestry Code, although as found by the trial
court, the persons responsible for said violation were not the ones charged by the public prosecutor.
The corresponding authority of the DENR to seize all conveyances used in the commission of an
offense in violation of Section 78 of the Revised Forestry Code is pursuant to Sections 78-A and 89 of
the same Code. The DENR Administrative Order No. 59, series of 1990, implements Sections 78-A and
89 of the Forestry Code.

Ø Lalican vs. Vergara (July 31, 1997)

HELD: No, to exclude possession of “lumber” from the acts penalized in Sec. 68 would certainly
emasculate the law itself. A law should not be so construed as to allow the doing of an act which is
prohibited by law, nor so interpreted as to afford an opportunity to defeat compliance with its terms, create
an inconsistency, or contravene the plain words of the law. The phrase “forest products” is broad enough
to encompass lumber which, to reiterate, is manufactured timber.

Ø Roldan vs. Madrona (September 4, 2002)

RULING: Under Section 68, PD 705 as amended by E.O. 277, it is clear that the violators of the said law
are not declared as being guilty of qualified theft; hence his ownership of the land is of no moment. The
said law does not even distinguish whether or not the person who commits the punishable acts under the
aforementioned law is the owner of the property, for what is material in determining the culpability of a
person is whether or not the person or entity involved or charged with its violation possesses the required
permit, license or authorization from DENR at the time he or it cuts, gathers or collects timber or other
forest products.

Section 14 of Administrative Order No. 2000-21, the “Revised Guidelines in the Issuance of Private Land
Timber Permit/Special Private Land Timber Permit,” provides:
SEC. 14. Penal Provisions. - Any log/timber or finished-wood products covered by these
regulations which are transported without the prescribed documents shall be considered
illegal and, therefore, subject to confiscation in favor of the government and shall be
disposed in accordance with laws, rules and regulations governing the matter.

The rule is clear. The aforementioned administrative order considers the mere act of transporting any
wood product or timber without the prescribed documents as an offense which is subject to the penalties
provided for by law.
V. PROTECTED AREAS
RA 7586 (National Integrated Protected Areas System Act)
A. Policy
Section 2. Declaration of Policy – Cognizant of the profound impact of man’s activities on all components
of the natural environment particularly the effect of increasing population, resource exploitation and
industrial advancement and recognizing the critical importance of protecting and maintaining the natural
biological and physical diversities of the environment notably on areas with biologically unique features to
sustain human life and development, as well as plant and animal life, it is hereby declared the policy of
the State to secure for the Filipino people of present and future generations the perpetual existence of all
native plants and animals through the establishment of a comprehensive system of integrated protected
areas within the classification of national park as provided for in the Constitution.

It is hereby recognized that these areas, although distinct in features, posses common ecological values
that may be incorporated into a holistic plan representative of our natural heritage; that effective
administration of this area is possible only through cooperation among national government, local
government and concerned private organizations; that the use and enjoyment of these protected areas
must be consistent with the principles of biological diversity and sustainable development.

To this end, there is hereby established a National Integrated Protected Areas System (NIPAS), which
shall encompass outstandingly remarkable areas and biologically important public lands that are habitats
of rare and endangered species of plants and animals, biogeographic zones and related ecosystems,
whether terrestrial, wetland or marine, all of which shall be designated as "protected areas".

B. Categories
Section 3. Categories – The following categories of protected areas are hereby established:
a. Strict nature reserve;
b. Natural park;
c. Natural monument;
d. Wildlife sanctuary;
e. Protected landscapes and seascapes;
f. Resource reserve;
g. Natural biotic areas; and
h. Other categories established by law, conventions or international agreements which the
Philippine Government is a signatory.

C. Establishment and Extent of System

Section 5. Establishment and Extent of the System – The establishment and operationalization of the
System shall involve the following:
1. All areas or islands in the Philippines proclaimed, designated or set aside, pursuant to a law,
presidential decree, presidential proclamation or executive order as national park, game refuge, bird and
wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove reserve, fish sanctuary,
natural and historical landmark, protected and managed landscape/seascape as well as identified virgin
forests before the effectivity of this Act are hereby designated as initial components of the System. The
initial components of the System shall be governed by existing laws, rules and regulations, not
inconsistent with this Act;

2. Within one (1) year from the effectivity of this Act, the DENR shall submit to the Senate and the House
of Representatives a map and legal descriptions or natural boundaries of each protected area initially
comprising the System. Such maps and legal description shall, by virtue of this Act, constitute the official
documentary representation of the entire System, subject to such changes as Congress deems
necessary;

3. All DENR records pertaining to said protected areas, including maps and legal descriptions or natural
boundaries, copies of rules and regulations governing them, copies of public notices of, and reports
submitted to Congress regarding pending additions, eliminations, or modifications shall be made available
to the public. These legal documents pertaining to protected areas shall also be available to the public in
the respective DENR Regional Offices, Provincial Environment and Natural Resources Offices (PENROs)
and Community Environment and Natural Resources Offices (CENROs) where NIPAS areas are located;

4. Within three (3) years from the effectivity of this Act, the DENR shall study and review each area
tentatively composing the System as to its suitability or non-suitability for preservation as protected area
and inclusion in the System according to the categories established in Section 3 hereof and report its
findings to the President as soon as each study is completed. The study must include in each area:

D. Disestablishment as Protected Area

Section 7. Disestablishment as Protected Area. – When in the opinion of the DENR a certain protected
area should be withdrawn or disestablished, or its boundaries modified as warranted by a study and
sanctioned by the majority of the members of the respective boards for the protected area as herein
established in Section 11, it shall, in turn, advice Congress. Disestablishment of a protected area under
the System or modification of its boundary shall take effect pursuant to an act of Congress. Thereafter,
said area shall revert to the category of public forests unless otherwise classified by Congress: Provided
however, that after disestablishment by Congress, the Secretary may recommend the transfer of such
disestablished area to other government agencies to serve other priority programs of national interest.
E. Buffer Zones
Section 8. Buffer Zones. – For each protected area, there shall be established peripheral buffer zones
when necessary, in the same manner as Congress establishes the protected area, to protect the same
from activities that will directly and indirectly harm it. Such buffer zones shall be included in the individual
protected area management plan that shall prepared for each protected area. The DENR shall exercise
its authority over protected areas as provided in this Act on such area and designated as buffer zones.

F. Administration and Management of the System

Section 10. Administration and Management of the System. – The National Integrated Protected Areas
System is hereby placed under the control and administration of the Department of Environment and
Natural Resources. For this purpose, there is hereby created a division in the regional offices of the
Department to be called the Protected Areas and Wildlife Division in regions where protected areas have
been established, which shall be under the supervision of a Regional Technical Director, and shall include
subordinate officers, clerks, and employees as may be proposed by the Secretary, duly approved by the
Department of Budget and Management, and appropriated by the Congress. The Service thus
established shall manage protected areas and promote the permanent preservation, to the greatest
extent possible of their natural conditions.

G. Allocation /Tenure Instruments

1. Protected Area Community Based Resource Management Agreement (PACBRMA)

 Duly accomplished Application Form, together with the proper signature

 Certificate of Registration of the Peoples Organization
 List of Officers or in the case of Indigenous People, List of Council of Elders or other
similar governing bodies
 Certified List of Members, including the Address and Complete Name of Spouse
 Resolution from the members of the Peoples Organization allowing its President or Head
to file the PACBRMA application

DENR DAO 2002-02

 The deletion of footnote #3 of DAO 2000-18 which states that “the 1996 levels were only
estimated consumption based on available data. An allowance of 75% is added to consider
unaccounted imports” for lack of technical, legal and factual basis and the clear commitment of
the Philippines to the Montreal Protocol on Substances that deplete the Ozone Layer.

2. Contracts/MOA/MOU Involving the Use Development of Facilities/ Special Land Uses inside
Protected Areas

1. Duly accomplished application form

2. For tenured migrants, a certification from the concerned CENRO
3. For Indigenous People (IP) a certification from the Regional/Provincial NCIP that the
applicant is an IP, living within the Protected Area
4. For Government Official/Employee, a written permission from the Department’s Secretary
or Head of the Agency concerned
5. For an Individual Applicant, a certified copy of birth certificate or any other evidence of
Filipino Citizenship
6. For a Corporation, association or partnership, a copy of the Securities and Exchange
Commission (SEC), Articles of Incorporation and By-laws, and a resolution from the
Governing Board designating the authorized representative of the said corporation,
association or partnership
7. For a cooperative, a Certificate of Registration with the Cooperative Development
Authority (CDA)
8. In case of application of non-tenured migrants within PACBRMA areas for activities not
included in the CRMP, a MOA between the proponent and PACBRMA holder
9. Indicative Development Plan
10. Proof of Financial Capability to manage and develop the area applied for based on paid-up
capital and/or collaterable real properties
11. A certified copy of the applicant’s Income Tax Returns for the past (5) years. In case the
applicant has been in existence for less than (5) years, the Income Tax Return(s) since its’
registration shall be submitted
12. If the applied Protected Area is within the Province of Palawan, a clearance/authorization
from the Palawan Council for Sustainable Development (PCSD) pursuant to RA 7611
Strategic Environmental Plan for Palawan
13. Free and Prior Informed Consent (FPIC) of concerned IPs and/or Prior Informed Consent
(PIC) of local communities and LGUs, when necessary

DENR DAO 92-25

The policy of the State provides that the management, protection, sustainable development and
rehabilitation of protected areas shall be undertaken primarily to ensure the conservation of biological
 diversity and that the uses and enjoyment of protected areas must be consistent with the principle. It is
further acknowledged that the effective administration of the NIPAS will acquire a partnership between
the Government , through the DENR and other interested parties including the indigenous cultural
communities.

3. Gratuitous Permit for Scientific Researches

1. Duly accomplished application form

2. Endorsement Letter from the concerned Dean (for student applicants only), or in the case
of an individual researcher, from a recognized expert or a research institution or
conservation organization
3. Prior clearance from the neighborhood/affected communities, i.e. concerned LGU’s,
recognized Head of Indigenous Cultural Communities (ICC) in accordance with RA 8371,
or Protected Area Management Board (PAMB)
4. Copy of the Research/Thesis/Dissertation Proposals, or Copy of the Affidavit of
Undertaking/Approved Memorandum of Agreement (MOA)
5. Payment Fee

RA 9147 (Wildlife Resources Conservation and Protection Act of 2001)

SECTION 2. Declaration of Policy. — It shall be the policy of the State to conserve the country’s wildlife
resources and their habitats for sustainability. In the pursuit of this policy, this Act shall have the following
objectives:
(a) to conserve and protect wildlife species and their habitats to promote ecological balance and enhance
biological diversity;
(b) to regulate the collection and trade of wildlife;
(c) to pursue, with due regard to the national interest, the Philippine commitment to international
conventions, protection of wildlife and their habitats; and
(d) to initiate or support scientific studies on the conservation of biological diversity.

SECTION 3. Scope of Application. — The provisions of this Act shall be enforceable for all wildlife
species found in all areas of the country, including protected areas under Republic Act No. 7586,
otherwise known as the National Integrated Protected Areas System (NIPAS) Act, and critical habitats.
This Act shall also apply to exotic species which are subject to trade, are cultured, maintained and/or bred
in captivity or propagated in the country.

SECTION 7. Collection of Wildlife. — Collection of wildlife may be allowed in accordance with Section 6 of
this Act: Provided, That in the collection of wildlife, appropriate and acceptable wildlife collection
techniques with least or no detrimental effects to the existing wildlife populations and their habitats shall,
likewise, be required: Provided, further, That collection of wildlife by indigenous people may be allowed
for traditional use and not primarily for trade: Provided, furthermore, That collection and utilization for said
purpose shall not cover threatened species: Provided, finally, That Section 23 of this Act shall govern the
collection of threatened species.
SECTION 8. Possession of Wildlife. — No person or entity shall be allowed possession of wildlife unless
such person or entity can prove financial and technical capability and facility to maintain said wildlife:
Provided, That the source was not obtained in violation of this Act.
SECTION 9. Collection and/or Possession of By-Products and Derivatives. — By-products and
derivatives may be collected and/or possessed: Provided, That the source was not obtained in violation of
this Act.
SECTION 10. Local Transport of Wildlife, By-Products and Derivatives. — Local transport of wildlife, by-
products and derivatives collected or possessed through any other means shall be authorized unless the
same is prejudicial to the wildlife and public health.
SECTION 11. Exportation and/or Importation of Wildlife. — Wildlife species may be exported to or
imported from another country as may be authorized by the Secretary or the designated representative,
subject to strict compliance with the provisions of this Act and rules and regulations promulgated pursuant
thereto: Provided, That the recipient of the wildlife is technically and financially capable to maintain it
SECTION 15. Scientific Researches on Wildlife. — Collection and utilization of biological resources for
scientific research and not for commercial purposes shall be allowed upon execution of an
undertaking/agreement with and issuance of a gratuitous permit by the Secretary or the authorized
representative: Provided, That prior clearance from concerned bodies shall be secured before the
issuance of the gratuitous permit: Provided, further, That the last paragraph of Section 14 shall likewise
apply.
SECTION 16. Biosafety. — All activities dealing on genetic engineering and pathogenic organisms in the
Philippines, as well as activities requiring the importation, introduction; field release and breeding of
organisms that are potentially harmful to man and the environment shall be reviewed in accordance with
the biosafety guidelines ensuring public welfare and the protection and conservation of wildlife and their
habitats.
SECTION 17. Commercial Breeding or Propagation of Wildlife Resources. — Breeding or propagation of
wildlife for commercial purposes shall be allowed by the Secretary or the authorized representative
pursuant to Section 6 through the issuance of wildlife farm/culture permit: Provided, That only progenies
of wildlife raised, as well as unproductive parent stock shall be utilized for trade: Provided, further, That
commercial breeding operations for wildlife, whenever appropriate, shall be subject to an environmental
impact study.
SECTION 22. Determination of Threatened Species. — The Secretary shall determine whether any
wildlife species or subspecies is threatened, and classify the same as critically endangered, endangered,
vulnerable or other accepted categories based on the best scientific data and with due regard to
internationally accepted criteria, including but not limited to the following.
(a) present or threatened destruction, modification or curtailment of its habitat or range;
(b) over-utilization for commercial, recreational, scientific or educational purposes;
(c) inadequacy of existing regulatory mechanisms; and
(d) other natural or man-made factors affecting the existence of wildlife.
The Secretary shall review, revise and publish the list of categorized threatened wildlife within one (1)
year after effectivity of this Act. Thereafter, the list shall be updated regularly or as the need arises:
Provided, That a species listed as threatened shall not be removed therefrom within three (3) years
following its initial listing.
Upon filing of a petition based on substantial scientific information of any person seeking for the addition
or deletion of a species from the list, the Secretary shall evaluate in accordance with the relevant factors
stated in the first paragraph of this section, the status of the species concerned and act on said petition
within a reasonable period.
The Secretary shall also prepare and publish a list of wildlife which resembles so closely in appearance
with listed threatened wildlife, which species shall likewise be categorized as threatened.
SECTION 23. Collection of Threatened Wildlife, By-Products and Derivatives. — The collection of
threatened wildlife, as determined and listed pursuant to this Act, including its by-products and
derivatives, shall be allowed only for scientific, or breeding or propagation purposes in accordance with
Section 6 of this Act: Provided, That only the accredited individuals, business, research, educational or
scientific entities shall be allowed to collect for conservation breeding or propagation purposes.
SECTION 24. Conservation Breeding or Propagation of Threatened Species. — Conservation breeding
or propagation of threatened species shall be encouraged in order to enhance its population in its natural
habitat. It shall be done simultaneously with the rehabilitation and/or protection of the habitat where the
captive-bred or propagated species shall be released, reintroduced or restocked.
Commercial breeding or propagation of threatened species may be allowed provided that the following
minimum requirements are met by the applicant, to wit:
(a) Proven effective breeding and captive management techniques of the species; and
(b) Commitment to undertake commercial breeding in accordance with Section 17 of this Act,
simultaneous with conservation breeding.
The Secretary shall prepare a list of threatened species for commercial breeding and shall regularly
revise or update such list or as the need arises.
SECTION 25. Establishment of Critical Habitats. — Within two (2) years following the effectivity of this
Act, the Secretary shall designate critical habitats outside protected areas under Republic Act No. 7586,
where threatened species are found. Such designation shall be made on the basis of the best scientific
data taking into consideration species endemicity and/or richness, presence of man-made
pressures/threats to the survival of wildlife living in the area, among others.
All designated critical habitats shall be protected, in coordination with the local government units and
other concerned groups, from any form of exploitation or destruction which may be detrimental to the
survival of the threatened species dependent therein. For such purpose, the Secretary may acquire, by
purchase, donation or expropriation, lands, or interests therein, including the acquisition of usufruct,
establishment of easements or other undertakings appropriate in protecting the critical habitat.
SECTION 27. Illegal Acts. — Unless otherwise allowed in accordance with this Act, it shall be unlawful for
any person to willfully and knowingly exploit wildlife resources and their habitats, or undertake the
following acts:
(a) killing and destroying wildlife species, except in the following instances;
(i) when it is done as part of the religious rituals of established tribal groups or indigenous cultural
communities;
(ii) when the wildlife is afflicted with an incurable communicable disease;
(iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;
(iv) when it is done to prevent an imminent danger to the life or limb of a human being; and
(v) when the wildlife is killed or destroyed after it has been used in authorized research or experiments.
(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife species;
(c) effecting any of the following acts in critical habitat(s):
(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction, reintroduction or restocking of wildlife resources;
(e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their by-products and derivatives;
(g) gathering or destroying of active nests, nest trees, host plants and the like;
(h) maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
(i) transporting of wildlife.
.

4. Permit for Bioprospecting (Commercial Research Agreement)

PIC for Commercial Research Agreement. - The Principal/ Collector must secure the PIC Certificate
from the concerned IPs, Municipal or City Mayor of the Local Government Unit, PAMB or Private Land
Owners as a requirement in the processing of and prior to approval of the CRA,
Specific Terms and Conditions of a Commercial Research Agreement (CRA)
 DAO 96-20, EO 247, RA 9147
DAO 96-20
This Order shall govern the following: a) Prospecting of all biological and genetic resources in public
domain, including natural growths in private lands, 515 intended to be utilized by both foreign and local
individuals, entities, organizations, whether government or private; b) Except traditional use, all
bioprospecting activities aimed at discovering, exploring, or using these resources for pharmaceutical
development, agricultural, and commercial applications.

EO 247
SECTION 2. Consent of Indigenous Cultural Communities.
a. Prospecting of biological and genetic resources shall be allowed within the ancestral lands and
domains of indigenous cultural communities only with the prior informed consent of such communities;
obtained in accordance with the customary laws of the concerned community.
b. Prospecting of biological and genetic resources shall be allowed only with the prior informed consent of
the concerned local communities.
SECTION 3. When Research Agreement Is Necessary. The prospecting of biological and genetic
resources shall be allowed when the person, entity or corporation, foreign or domestic, undertaking such
activities, on recommendation of the Inter-Agency Committee on Biological and Genetic Resources, has
entered into a Research Agreement with the Philippine government, represented by the DENR, DOH, DA,
or DOST, depending on the nature and character of the prospecting activity. For purposes of this
Executive Order, traditional uses of biological resources by indigenous and local communities shall not
require a Research Agreement.
If the research and collection of biological and genetic resources is intended, directly or indirectly, for
commercial purposes, the agreement must be a Commercial Research Agreement. For purposes of this
Executive Order, all Research Agreements with private persons and corporations, including all
agreements with foreign or international entities, shall conform with the minimum requirements of a
Commercial Research Agreement.
If the prospecting of biological and genetic materials is intended primarily for academic purposes, the
agreement shall be an Academic Research Agreement. Only duly-recognized Philippine universities and
academic institutions, domestic governmental entities, and intergovernmental entities may apply for an
Academic Research Agreement.
Where the Commercial or Academic Collector is merely an agent or merely collecting for another person
or entity, the agreement between the Commercial Collector and the Principal must be reviewed by the
Inter-Agency Body to determine the latter agreement does not undermine the substantive requirements of
this Executive Order.
SECTION 4. Application for Academic Research Agreement and Commercial Research Agreement The
applicant shall first submit an application for a Research Agreement to the Inter-Agency Committee on
Biological and Genetic Resources through the Protected Areas and Wildlife Bureau (PAWB). It must
include a research proposal stating the purpose, source of funds, duration, and a list of biological and
genetic materials and the amount to be taken. The requisites for research agreements are in Appendix B.
For Academic Research Agreement, the proposal may be broader and more general in character as
provided in Section 5 (m).
A copy of the proposal must be submitted to the recognized head of the local or indigenous cultural
community or communities that may be affected. Action on the proposal shall be made only after 60 days
has lapsed after a copy of the proposal is received by the persons concerned.
SECTION 5. Minimum Terms of the Commercial Research Agreement and Academic Research
Agreement.
The Minimum Terms of the Commercial Research Agreement and Academic Research Agreement are as
follows:
(a) There must be a limit on samples that the Commercial/Academic Collector may obtain and export and
that the approved list and amount of the samples taken from the area must be followed strictly;
(b) A complete set of all specimens collected shall be deposited by the Commercial/Academic Collector
with the National Museum or a duly designated governmental entity; Provided that holotypes designated
by the author must be maintained at the National Museum;
(c) Access to collected specimens and relevant data shall be allowed to all Filipino citizens and the
Philippine governmental entities whenever these specimens are deposited in depositories abroad;
(d) The Commercial/Academic Collector, or in appropriate cases, its Principal, must inform the Philippine
Government, as well as the affected local and indigenous cultural communities all discoveries from the
activity conducted in the Philippines, if a commercial product is derived from such activity.
(e) The agreement shall include a provision for the payment of royalties to the National Government, local
or indigenous cultural community and individual person or designated beneficiary in case commercial use
is derived from the biological and genetic resources taken. Where appropriate and applicable, other forms
of compensation may be negotiated;
(f) There shall be a provision allowing the Philippine government to unilaterally terminate the agreement
whenever the Commercial/Academic Collector has violated any of its terms. The Agreement may also be
revoked on the basis of public interest and welfare;
(g) A status report of the research and the ecological state of the area and/or species concerned shall be
submitted to the Inter-Agency Committee regularly as agreed upon;
(h) If the Commercial Collector or its Principal is a foreign person or entity, it must be stipulated that
scientists who are citizens of the Philippines must be actively involved in the research and collection
process and, where applicable and appropriate as determined by the Inter-Agency Committee, in the
technological development of a product derived from the biological and/or genetic resources taken from
any area in the Philippines. This involvement shall be at the cost of the Commercial Collector;
(i) The Commercial Collector and/or its Principal shall be encouraged to avail of the services of Philippine
universities and academic institutions. Where applicable and appropriate, the Commercial Collector
and/or its Principal shall be required to transfer equipment to a Philippine institution or entity.
(j) A fixed fee must be paid to the DENR in accordance with a schedule of fees formulated by the Inter-
Agency Committee;
(k) The maximum term for a Commercial Research Agreement shall be for three years and renewable
upon review by the Inter-Agency Committee; and
(l) In case of endemic species, there must be a statement that the technology must be made available to
a designated Philippine institution and can be used commercially and locally without paying royalty to a
Collector or Principal. Provided, however, that where appropriate and applicable, other agreements may
be negotiated.
Provided, further, that the following terms shall be considered in an Academic Research Agreement;
(m) The Academic Research Agreement may be comprehensive in scope and cover as many areas as
may be projected. It may stipulate that all scientists and researchers affiliated with a duly-recognized
university, academic institution, governmental and intergovernmental entity need not apply for a different
Research Agreement but may conduct research and collection activities in accordance with an existing
Academic Research Agreement. In such cases, the university, academic institution and governmental
entity shall ensure that all the terms and conditions of the government are complied with by the affiliated
scientist or researcher. In all cases, the university institution or governmental entity must ensure that
affected communities have given their prior informed consent to the activities to be undertaken;
(n) There must be a provision requiring the Academic Collector to apply for a commercial research
agreement when it becomes clear that the research and collection being done has commercial prospects.
(o) A minimal fee must be paid to the Philippine government in accordance with a schedule of fees by the
Inter-Agency Committee; and
(p) The maximum term for an Academic Research Agreement shall be for five years and renewable upon
review by the Inter-Agency Committee.
SECTION 8. Monitoring Implementation of the Research Agreement. The Protected Areas and Wildlife
Bureau (PAWB) of the DENR shall be the lead agency in monitoring the implementation of the research
agreement. The regional offices of the DENR shall also participate in the monitoring.

5. Permits for Export/Import/Re-export (CITES/Non-CITES Permits and Certifications)

•Appendix I import

–For trade in specimens of Appendix I-listed species, an import permit must be issued before an export
permit may be issued

–This is to ensure that both the importing and exporting Parties agree on the proposed trade before it
occurs, and that particular conditions, only to be determined by the importing country, have been met

•Appendix I export

–Once an import permit is obtained from the Management Authority of the country of import, only then
may an export permit be issued by the Management Authority of the country of export

–In every case, the export permit may be issued only upon presentation of the import permit, and only if:
•the export will not be detrimental to the survival of the species
•the specimen was acquired in accordance with national wildlife protection laws
•any live specimen will be shipped in a manner which will minimize the risk of injury, damage to health or
cruel treatment

•Appendix I re-export

–The re-export certificate may be issued only if the specimen was imported in accordance with the
Convention

–In the case of live specimens:

•the preparation and shipment will minimize the risk of injury, damage to health or cruel treatment
•a valid import permit was granted
by the country of destination

•Appendix II export

–For export of Appendix II specimens, the Convention requires an export permit only

–The Convention does not require an import permit, and any requirement by a Party for an import permit
for Appendix II specimens is a stricter domestic measure, allowed under the provisions of Article XIV

–In every case, an export permit may be issued only if:

•The export will not be detrimental to the survival of the species
•The specimen was acquired in accordance with the national wildlife legislation
•Any live specimen will be shipped in a manner which will minimize the risk of injury, damage to health or
cruel treatment
 •Appendix II re-export

–A re-export certificate may be issued only if:

•The Management Authority of the country of re-export is satisfied that the specimen was imported in
accordance with the Convention
•Any live specimen will be shipped in a manner which will minimize the risk of injury, damage to health or
cruel treatment

•Appendix III export

–For export from the country that included the species in Appendix III, an export permit is required and
may be issued only if:
•The Management Authority is satisfied that the specimen was acquired in accordance with national
wildlife laws
•Any live specimen will be shipped in a manner which will minimize the risk of injury, damage to health or
cruel treatment

–For export from countries that did not include the species in Appendix III a certificate of origin is
required

This may only be issued by a Management Authority of the country of origin

Appendix III re-export

–A re-export certificate may be issued only if:

•The Management Authority is in possession of the valid original of the export permit or certificate of
origin, or the previous re-export certificate
•The import was in accordance with the Convention
•The re-export certificate must clearly indicate whether the specimen was processed in the State which
is issuing the document

6. Permit for the Establishment of Wildlife Farm

Sections 17 and 20 of RA 9147

SECTION 17. Commercial Breeding or Propagation of Wildlife Resources. — Breeding or propagation of

wildlife for commercial purposes shall be allowed by the Secretary or the authorized representative
pursuant to Section 6 through the issuance of wildlife farm/culture permit: Provided, That only progenies
of wildlife raised, as well as unproductive parent stock shall be utilized for trade: Provided, further, That
commercial breeding operations for wildlife, whenever appropriate, shall be subject to an environmental
impact study.

SECTION 20. Authority of the Secretary to Issue Permits. — The Secretary or the duly authorized
representative, in order to effectively implement this Act, shall issue permits/certifications/clearances with
corresponding period of validity, whenever appropriate, which shall include but not limited to the following:
(1) Wildlife farm or culture permit 3 to 5 years;
(2) Wildlife collector’s permit 1 to 3 years;
(3) Gratuitous permit 1 year;
(4) Local transport permit 1 to 3 months; and
(5) Export/Import/Reexport permit 1 to 6 months.
These permits may be renewed subject to the guidelines issued by the appropriate agency and upon
consultation with concerned groups.

EO 192
SECTION 18. Protected Areas and Wildlife Bureau. There is hereby created a Protected Areas and
Wildlife Bureau which shall absorb the Division of Parks and Wildlife and the Marine Parks Program of the
Bureau of Forest Development as well as: Calauit Game Preserve and Wildlife Sanctuary, Presidential
Committee on the Conservation of Tamaraw, Ninoy Aquino Parks and Wildlife Center (formerly Parks and
Wildlife Nature Center), shares in Kabuhayan Program and Agro Forestry State Projects of the KKK
Processing Authority, all national parks, wildlife sanctuaries and game preserves previously managed and
administered by the Ministry of Human Settlements including National Parks Reservation situated in the
provinces of Bulacan, Rizal, Laguna and Quezon formerly declared as Bagong Lipunan Sites of said
Ministry, Magat Forest Reservation and Mt. Arayat National Park, formerly with the Ministry of Tourism in
accordance with Section 24 (c) hereof. The Protected Areas and Wildlife Bureau shall be headed by a
Director and assisted by an Assistant Director. The Bureaus shall have the following functions:
(a) Formulate and recommend policies, guidelines, rules and regulations for the establishment and
management of an Integrated Protected Areas Systems such as national parks, wildlife sanctuaries and
refuge, marine parks, and biospheric reserves;
(b) Formulate and recommend policies, guidelines, rules and regulations for the preservation of biological
diversity, genetic resources, the endangered Philippine flora and fauna;
(c) Prepare an up-to-date listing of endangered Philippine flora and fauna and recommend a program of
conservation and propagation of the same;
(d) Assist the Secretary in the monitoring and assessment of the management of the Integrated Protected
Areas System and provide technical assistance to the regional Offices in the implementation of programs
for these areas;
(e) Perform other functions as may be assigned by the Secretary and/or provided by law.

6. Wildlife Collector’s Permit for Breeding Purposes - means a permit to take or collect from the wild
certain species and quantities of wildlife for commercial purpose
EO 192, RA 9147, Secs. 17 and 20
8. Permit for Energy Resources Surveys
RA 9147
9. Permit for Local Transport of Wildlife
RA 9147
10. Permit for collection and Removal of Guano and other Cave Resources
RA 9072 (National Caves and Caves Reservation Agreement and Protection Act of 1001) and its IRR
(DAO 2003-29)
11. Permit for Development and Management of Caves
RA 9072 and its IRR (DAO 2003-29)

H. Environmental Impact Assessment

SECTION 13. Introduction of Exotic Wildlife. — No exotic species shall be introduced into the country,
unless a clearance from the Secretary or the authorized representative is first obtained. In no case shall
exotic species be introduced into protected areas covered by Republic Act No. 7586 and to critical
habitats under Section 25 hereof.

In cases where introduction is allowed, it shall be subject to environmental impact study which shall focus
on the bioecology, socioeconomic and related aspects of the area where the species will be introduced.
The proponent shall also be required to secure the prior informed consent from the local stakeholders.

SECTION 17. Commercial Breeding or Propagation of Wildlife Resources. — Breeding or propagation of

wildlife for commercial purposes shall be allowed by the Secretary or the authorized representative
pursuant to Section 6 through the issuance of wildlife farm/culture permit: Provided, That only progenies
of wildlife raised, as well as unproductive parent stock shall be utilized for trade: Provided, further, That
commercial breeding operations for wildlife, whenever appropriate, shall be subject to an environmental
impact study.
I. Ancestral Lands and Rights Over them
The utilization of wildlife resources found within ancestral domains/ancestral lands shall be subject to the
issuance of a Free and Prior Informed Consent pursuant to the RA 8371 (Indigenous Peoples Rights Act
of 1997 or IPRA).

J. Prohibited Acts
Section 27. Illegal Acts. Unless otherwise allowed in accordance with this Act, it shall be unlawful for any
person to willfully knowing exploit wildlife resources and their habitats, or undertake the following acts: a.
killing and destroying wildlife species, except in the following instances;
i. when it is done as part of the religious rituals of established tribal groups or indigenous
cultural communities;
ii. when the wildlife is afflicted with an incurable communicable disease;
iii. when it is deemed necessary to put an end to the misery suffered by the wildlife;
iv. when it is done to prevent an imminent danger to the life or limb of a human being; and
v. when the wildlife is killed or destroyed after it has been used in authorized research or
experiments.
b. inflicting injury which cripples and/or impairs the reproductive system of wildlife species;
c. effecting any of the following acts in critical habitat(s):
i. dumping of waste products detrimental to wildlife;
ii. squatting or otherwise occupying any portion of the critical habitat;
iii. mineral exploration and/or extraction;
iv. burning;
v. logging; and
vi. quarrying
d. introduction, reintroduction or restocking of wildlife resources;
e. trading of wildlife;
f. collecting, hunting or possessing wildlife, their by-products and derivatives;
g. gathering or destroying of active nests, nest trees, host plants and the like;
h. maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
i. transporting of wildlife.

Rule 27.1. For killing of any form of wildlife to be justified under pars. ii and iii of Section 27 (a) of the Act,
a prior certification from a Licensed Veterinarian that the concerned wildlife is afflicted with an 231
incurable disease or that the euthanasia is done to put an end to the misery of said wildlife;
Rule 27.2. In accordance with Section 7 of the Act, only the killing of wildlife species not classified as
threatened, as part of religious rituals of established indigenous cultural communities may qualify under
par. i of Section 27 (a) of the Act.

VI. WILDLIFE
RA 9147 (wildlife Resources Conservation and Protection Act)
A. Jurisdiction of the Department of environment and Natural Resources and the Department of
Agriculture
Section 4. Jurisdiction of the Department of Environment and Natural Resources and the Department of
Agriculture. The Department of Environment and Natural Resources (DENR) shall have jurisdiction over
all terrestrial plant and animal species, all turtles and tortoises and wetland species, including but not
limited to crocodiles, waterbirds and all amphibians and dugong. The Department of Agriculture (DA) shall
have jurisdiction over all declared aquatic critical habitats, all aquatic resources including but not limited to
all fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The secretaries of the
DENR and the DA shall review, and by joint administrative order, revise and regularly update the list of
species under their respective jurisdiction. In the Province of Palawan, jurisdiction herein conferred is
vested to the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611.

B. Conservation and protection of Wildlife Resources

REPUBLIC ACT NO. 9147

C. Authority of the Secretary to issue Permits

Section 20. Authority of the Secretary to Issue Permits. - The Secretary or the duly authorized
representative, in order to effectively implement this Act, shall issue permits/certifications/clearances with
corresponding period of validity, whenever appropriate, which shall include but not limited to the following:

Wildlife farm or culture permit 3 to 5 years;

Wildlife collector's permiT 1 to 3 years;

Gratuitous permit 1 year;

Local transport permit 1 to 3 months; and

Export/Import/export permit 1 to 6 months.

These permits may be renewed subject to the guidelines issued by the appropriate agency and upon
consultation with concerned groups.

D. Bioprospecting
RA 8371, Chapter II, section 5, sec 35
Section 35. Access to Biological and Genetic Resources. - Access to biological and genetic resources
and to indigenous knowledge related to the conservation, utilization and enhancement of these
resources, shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free and prior
informed consent of such communities, obtained in accordance with customary laws of the concerned
community.

EO 247 “Prescribing Guidelines and Establishing a Regulatory for the Prospecting of Biological and
Genetic Resources, Their By-Products And Derivatives, For Scientific And Commercial Purposes: and for
other Purposes” (issued May 18, 1995)

E. Illegal Acts

Section 27. Illegal Acts. - Unless otherwise allowed in accordance with this Act, it shall be unlawful for
any person to willfully and knowingly exploit wildlife resources and their habitats, or undertake the
following acts;
(a) killing and destroying wildlife species, except in the following instances;
(i) when it is done as part of the religious rituals of established tribal groups or indigenous
cultural communities;
(ii) when the wildlife is afflicted with an incurable communicable disease;
(iii) when it is deemed necessary to put an end to the misery suffered by the wildlife;
(iv) when it is done to prevent an imminent danger to the life or limb of a human being;
and
(v) when the wildlife is killed or destroyed after it has been used in authorized research or
experiments.
(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife
species;
(c) effecting any of the following acts in critical habitat(s)
(i) dumping of waste products detrimental to wildlife;
(ii) squatting or otherwise occupying any portion of the critical habitat;
(iii) mineral exploration and/or extraction;
(iv) burning;
(v) logging; and
(vi) quarrying
(d) introduction, reintroduction or restocking of wildlife resources;
(e) trading of wildlife;
(f) collecting, hunting or possessing wildlife, their by-products and derivatives;
(g) gathering or destroying of active nests, nest trees, host plants and the like;
(h) maltreating and/or inflicting other injuries not covered by the preceding paragraph;
and
 (i) transporting of wildlife.

VII. CAVES AND CAVES RESOURCES

Republic Act no. 9072 “National Caves and Cave Resources Management and Protection Act”
DENR AO 29-03 (Subject: Implementing Rules and Regulations of the National Caves and Cave
Resources Management and Protection Act (Republic Act no. 9072) (issued July 7. 2003)
A. Caves and Cave Resources
1. Caves within Private Lands
2. Caves within Ancestral Domain/Land
3. Caves under the National Integrated Protected Areas System (NIPAS)
4. Caves in other Public Lands
5. Permits
B. Powers and Functions of the Department of Environment and Natural Resources (DENR)
C. Implementing agencies
1. Local Government Units (LGUs)
2. National Museum (NM)
Republic Act No. 4846 (An Act Providing for the protection and Preservation of the Philippine
Cultural Properties)
3. National Historical Institute (NHI)
Presidential Decree No.1505-78 (Amending Presidential Decree No. 260, as amended, by
Prohibiting the Unauthorized Modification, Alteration, Repair and Destruction of Original
Features of all National Shrines, Monuments, Landmarks and other Important Historic
Edifices)
4. Department of Tourism (DOT)
Executive Order No. 111 (Establishing the Guidelines for Ecotourism Development in the
Philippines) and Joint DENR_DOT Memorandum Circular no. 98-02 (guidelines for
Ecotourism Development in the Philippines)
D. Treasure Hunting
PD 1726-A entitled “Providing Guidelines On Treasure Hunting” (issued October 1, 1980)
DENR AO 2002-04 entitled “Rules and Regulations Governing the Issuance of Permits for
Treasure Hunting, Shipwreck/Sunken Vessel Recovery and Disposition of Recovered
Treasure” (undated); “Rules and Regulations To Govern The Accreditation of Cave Guides”
(issued June 7, 1999)
RA 10066 entitled “An Act Providing for the Protection and Conservation of the National
Cultural Heritage, Strengthening the National Commission for Culture and the Arts (NCCA_
and its affiliated Cultural Agencies, And for the Purposes” (approves Mar 26, 2010), Sec. 30
E. Prohibited Acts
F. Administrative Confiscation and Conveyance
Section 4. Art. 5 of Department Administrative Order No. 32-97 (Administrative Adjudication
of Illegal forest Products and the Machinery, Equipment, Tools and Conveyances Used in
Connection Therewith) and Department Administrative Order No. 36-91 (Guidelines
Governing the Confiscation, Seizure and Disposition of Wild Flora And Fauna Illegally
Collected, Gathered, Acquired, Transported and Imported including Paraphernalia)

VIII. ANCESTRAL LANDS

1987 Const., Art. II, sec. 22, Art. XII, sec. 5
SECTION 22. The State recognizes and promotes the rights of indigenous cultural communities within the
framework of national unity and development.

ART. XII
SECTION 5. The State, subject to the provisions of this Constitution and national development policies
and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to
ensure their economic, social, and cultural well-being.

DAO 2, Series of 1993

RA 8371 (Indigenous Peoples’ Rights Act of 1997)

CRUZ vs. DENR (Dec 6, 2000)

HELD: No, the provisions of IPRA do not contravene the Constitution. Examining the IPRA, there is
nothing in the law that grants to the ICCs/IPs ownership over the natural resources within their ancestral
domain. Ownership over the natural resources in the ancestral domains remains with the State and the
rights granted by the IPRA to the ICCs/IPs over the natural resources in their ancestral domains merely
gives them, as owners and occupants of the land on which the resources are found, the right to the small
scale utilization of these resources, and at the same time, a priority in their large scale development and
exploitation.

Additionally, ancestral lands and ancestral domains are not part of the lands of the public domain. They
are private lands and belong to the ICCs/IPs by native title, which is a concept of private land title that
existed irrespective of any royal grant from the State. However, the right of ownership and possession by
the ICCs/IPs of their ancestral domains is a limited form of ownership and does not include the right to
alienate the same.
A. Policies
The State shall recognize and promote all the rights of Indigenous Cultural Communities/Indigenous
Peoples (ICCs/IPs) hereunder enumerated within the framework of the Constitution:
a) The State shall recognize and promote the rights of ICCs/IPs within the framework of
national unity and development;
b) The State shall protect the rights of ICCs/IPs to their ancestral domains to ensure their
economic, social and cultural well being and shall recognize the applicability of customary laws
governing property rights or relations in determining the ownership and extent of ancestral domain;
c) The State shall recognize, respect and protect the rights of ICCs/IPs to preserve and
develop their cultures, traditions and institutions. It shall consider these rights in the formulation of
national laws and policies;
d) The State shall guarantee that members of the ICCs/IPs regardless of sex, shall equally
enjoy the full measure of human rights and freedoms without distinction or discrimination;
e) The State shall take measures, with the participation of the ICCs/IPs concerned, to protect
their rights and guarantee respect for their cultural integrity, and to ensure that members of the
ICCs/IPs benefit on an equal footing from the rights and opportunities which national laws and
regulations grant to other members of the population; and
f) The State recognizes its obligations to respond to the strong expression of the ICCs/IPs for
cultural integrity by assuring maximum ICC/IP participation in the direction of education, health, as
well as other services of ICCs/IPs, in order to render such services more responsive to the needs and
desires of these communities.
Towards these ends, the State shall institute and establish the necessary mechanisms to enforce and
guarantee the realization of these rights, taking into consideration their customs, traditions, values,
beliefs, interests and institutions, and to adopt and implement measures to protect their rights to their
ancestral domains.

B. Concept of Ancestral Lands and Ancestral Domain

1. Allocation/ Tenurial Instruments

Certificates of Ancestral domain Title (CADT)
Refers to a title formally recognizing the rights of possession and ownership of ICCs/IPs
over their ancestral domains identified and delineated in accordance with this law
Certificate of Ancestral Land Title (CALT)
Refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands.

C. Rights to Ancestral Domains

The rights and ownership of the ICCs/IPs over ancestral domains and ancestral lands, provides for the
issuance of Certificates of Ancestral Domain Title (CADT) and Certificates of Ancestral Lands Title
(CALT). These titles are based on Native Title, referring to pre-conquest rights to lands and domains
which, as far back as memory reaches, have been held under a claim of private ownership by ICCs/IPs.
Owners of ancestral domains, ICCs/IPs enjoy priority rights to develop the land and natural resources
found therein. The concept of ownership of ICCs/IPs significantly differs from ownership rights under the
Civil Code. While ownership of property under the Civil Code vests in the owner the right to freely dispose
of his property to any person, unless otherwise prohibited by law, ancestral domains under the IPRA are
considered as private, and at the same time, community property of ICCs/IPs. These lands and natural
resources are deemed to belong to all generations and serve as the material bases of the cultural
integrity of the ICCs/IPs, and therefore, cannot be sold, disposed of, or destroyed

D. Delineation and Recognition of Ancestral Domain and Ancestral Lands

IPRA strictly prohibits the alienation and disposition of ancestral domains, it nonetheless allows for the
transfer of ancestral lands to, and among members, of the same ICC/IP, subject to the customary laws
and traditions of the community concerned.

E. Jurisdiction
Section 54 as to the power of the NCIP to resolve fraudulent claims over ancestral domains and lands:

SECTION 54. Fraudulent Claims. -The Ancestral Domains Office may, upon written request from the
ICCs/IPs, review existing claims which have been fraudulently acquired by any person or community. Any
claim found to be fraudulently acquired by, and issued to, any person or community may be cancelled by
the NCIP after due notice and hearing of all parties concerned.41

As can be gleaned from the foregoing provisions, the NCIP has primary jurisdiction over these cases
even if one of the parties is a non! CC/IP, or where the opposing parties are members of different
ICCs/IPs groups.
F. Prohibited Acts
Section 10. Unauthorized and Unlawful Intrusion. - Unauthorized and unlawful intrusion upon, or use of
any portion of the ancestral domain, or any violation of the rights herein before enumerated, shall be
punishable under this law. Furthermore, the Government shall take measures to prevent non-ICCs/IPs
from taking advantage of the ICCs/IPs customs or lack of understanding of laws to secure ownership,
possession of land belonging to said ICCs/IPs.

Secton 24. Unlawful Acts Pertaining to Employment. - It shall be unlawful for any person:
 a. To discriminate against any ICC/IP with respect to the terms and conditions of
employment on account of their descent. Equal remuneration shall be paid to ICC/IP and non-
ICC/IP for work of equal value; and
b. To deny any ICC/IP employee any right or benefit herein provided for or to discharge
them for the purpose of preventing them from enjoying any of the rights or benefits provided
under this Act.

IX. MINING
1987 Const., Art. XII, sec. 2
SECTION 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural lands, all other natural resources
shall not be alienated. The exploration, development, and utilization of natural resources shall be under
the full control and supervision of the State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or
corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five
years, and under such terms and conditions as may be provided by law. In cases of water rights for
irrigation, water supply, fisheries, or industrial uses other than the development of water power, beneficial
use may be the measure and limit of the grant.
RA 7492 (Philippine Mining Act of 1995)

La Bugal B’Laan Tribal Association vs. Ramos (Feb 1, 2005)

Issue: RA 7942 is Unconstitutional
RA 7942 or the Philippine Mining Act of 1995 is unconstitutional for permitting fully foreign owned
corporations to exploit the Philippine natural resources.

Article XII Section 2 of the 1987 Constitution retained the Regalian Doctrine which states that ―All lands
of the public domain, waters, minerals, coal, petroleum, and other minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. The same section also states that, ―the exploration and
development and utilization of natural resources shall be under the full control and supervision of the
State.
Conspicuously absent in Section 2 is the provision in the 1935 and 1973 Constitution authorizing the
State to grant licenses, concessions, or leases for the exploration, exploitation, development, or utilization
of natural resources. By such omission, the utilization of inalienable lands of the public domain through
license, concession or lease is no longer allowed under the 1987 Constitution.
Under the concession system, the concessionaire makes a direct equity investment for the purpose of
exploiting a particular natural resource within a given area. The concession amounts to complete control
by the concessionaire over the country‘s natural resource, for it is given exclusive and plenary rights to
exploit a particular resource at the point of extraction.
The 1987 Constitution, moreover, has deleted the phrase ―management or other forms of assistance in
the 1973 Charter. The present Constitution now allows only ―technical and financial assistance. The
management and the operation of the mining activities by foreign contractors, the primary feature of the
service contracts was precisely the evil the drafters of the 1987 Constitution sought to avoid.
The constitutional provision allowing the President to enter into FTAAs is an exception to the rule that
participation in the nation‘s natural resources is reserved exclusively to Filipinos. Accordingly, such
provision must be construed strictly against their enjoyment by non-Filipinos. Therefore, RA 7942 is
invalid insofar as the said act authorizes service contracts. Although the statute employs the phrase
―financial and technical agreements in accordance with the 1987 Constitution, its pertinent provisions
actually treat these agreements as service contracts that grant beneficial ownership to foreign contractors
contrary to the fundamental law.
The underlying assumption in the provisions of the law is that the foreign contractor manages the mineral
resources just like the foreign contractor in a service contract. By allowing foreign contractors to manage
or operate all the aspects of the mining operation, RA 7942 has, in effect, conveyed beneficial ownership
over the nation‘s mineral resources to these contractors, leaving the State with nothing but bare title
thereto.
The same provisions, whether by design or inadvertence, permit a circumvention of the constitutionally
ordained 60-40% capitalization requirement for corporations or associations engaged in the exploitation,
development and utilization of Philippine natural resources.
When parts of a statute are so mutually dependent and connected as conditions, considerations,
inducements or compensations for each other as to warrant a belief that the legislature intended them as
a whole, then if some parts are unconstitutional, all provisions that are thus dependent, conditional or
connected, must fail with them.
Under Article XII Section 2 of the 1987 Charter, foreign owned corporations are limited only to merely
technical or financial assistance to the State for large scale exploration, development and utilization of
minerals, petroleum and other mineral oils.
Second Issue: RP Government-WMCP FTAA is a Service Contract
The FTAA between he WMCP and the Philippine government is likewise unconstitutional since the
agreement itself is a service contract.
Section 1.3 of the FTAA grants WMCP a fully foreign owned corporation, the exclusive right to explore,
exploit, utilize and dispose of all minerals and by-products that may be produced from the contract area.
Section 1.2 of the same agreement provides that EMCP shall provide all financing, technology,
management, and personnel necessary for the Mining Operations.
These contractual stipulations and related provisions in the FTAA taken together, grant WMCP beneficial
ownership over natural resources that properly belong to the State and are intended for the benefit of its
citizens. These stipulations are abhorrent to the 1987 Constitution. They are precisely the vices that the
fundamental law seeks to avoid, the evils that it aims to suppress. Consequently, the contract from which
they spring must be struck down.

A. Mining policies and principles: Sustainable Mining

B. Government Management
C. Scope of Application
Section 15
Scope of Application
This Act shall govern the exploration, development, utilization and processing of all mineral
resources.

D. Mining Rights and Mining Applications

Apex Mining Co., Inc. vs. Southeast Mindanao Gold Mining Corp. et al. (Nov 20, 2009)
INVALID. One of the terms and conditions of EP 133 is: “That this permit shall be for the
exclusive use and benefit of the permittee or his duly authorized agents and shall be used for
mineral exploration purposes only and for no other purpose.” While it may be true that SEM is
a100% subsidiary corporation of MMC, there is no showing that the former is the duly
authorizedagent of the latter. As such, the assignment is null and void as it directly contravenes
the termsand conditions of the grant of EP 133.a.

E. Modes Of Mineral Agreements

Section 26
Modes of Mineral Agreement
For purposes of mining operations, a mineral agreement may take the following forms as herein
defined:
a. Mineral production sharing agreement is an agreement where the Government grants to the
contractor the exclusive right to conduct mining operations within a contract area and shares in the
gross output. The contractor shall provide the financing, technology, management and personnel
necessary for the implementation of this agreement.
b. Co-production agreement is an agreement between the Government and the contractor wherein the
Government shall provide inputs to the mining operations other than the mineral resource.
c. Joint venture agreement is an agreement where a joint-venture company is organized by the
Government and the contractor with both parties having equity shares. Aside from earnings in
equity, the Government shall be entitled to a share in the gross output.
A mineral agreement shall grant to the contractor the exclusive right to conduct mining operations and
to extract all mineral resources found in the contract area. In addition, the contractor may be
allowed to convert his agreement into any of the modes of mineral agreements or financial or
technical assistance agreement covering the remaining period of the original agreement subject to
the approval of the Secretary.

F. Financial or Technical Assistance Agreements

Desama vs. Gozun (Mar 30, 2006)
Section 76.xxx Provided, that any damage to the property of the surface owner, occupant, or
concessionaire as a consequence of such operations shall be properly compensated as may be
provided for in the implementing rules and regulations.
Section 107. Compensation of the Surface Owner and Occupant- Any damage done to the property
of the surface owners, occupant, or concessionaire thereof as a consequence of the mining
operations or as a result of the construction or installation of the infrastructure mentioned in 104
above shall be properly and justly compensated. Further, mining is a public policy and the
government can invoke eminent domain to exercise entry, acquisition and use of private lands.

G. Mining Permits
Mineral Production Sharing Agreement (MPSA)
Financial or Technical Assistance Agreement (FTAA)
Mineral Processing Permit (MPP)
Industrial Sand and Gravel Permit (IP)
Exploration Permit (EP)
Lease Contracts (MLC/PLC/LLC)

H. Mining Disputes and Remedies

Celestial Nickel Mining Exploration Corporation vs. Marcoasia Corporation et al (Dec19, 19.
2007)

RATIO: (1) RA 7942, The Philippine Mining Act of 1995 enacted on March 3, 1995, repealed the
provisions of PD 463 inconsistent with RA 7942. Unlike PD 463, where the application was filed
with the Bureau of Mines Director, the applications for mineral agreements are now required to be
filed with the Regional Director as provided by Sec. 29 of RA 7942. The proper filing gave the
proponent the prior right to be approved by the Secretary and thereafter to be submitted to the
President. The President shall provide a list to Congress of every approved mineral agreement
 within 30 days from its approval by the Secretary. Again, RA 7942 is silent on who has authority to
cancel the agreement.

I. Prohibited Acts

J. Poles of LGUs (RA 7160, secs. 17, 444, 455, 465)

Section 17. Basic Services and Facilities. -

(a) Local government units shall endeavor to be self-reliant and shall continue exercising the
powers and discharging the duties and functions currently vested upon them. They shall also
discharge the functions and responsibilities of national agencies and offices devolved to them
pursuant to this Code. Local government units shall likewise exercise such other powers and
discharge such other functions and responsibilities as are necessary, appropriate, or incidental to
efficient and effective provisions of the basic services and facilities

The Municipal Mayor

Section 444. The Chief Executive: Powers, Duties, Functions and Compensation. -

(a) The municipal mayor, as the chief executive of the municipal government, shall exercise such
powers and performs such duties and functions as provided by this Code and other laws.

(b) For efficient, effective and economical governance the purpose of which is the general welfare
of the municipality and its inhabitants pursuant to Section 16 of this Code, the municipal mayor
shall:

(1) Exercise general supervision and control over all programs, projects, services, and activities of
the municipal government, and in this connection, shall:

(i) Determine the guidelines of municipal policies and be responsible to the sangguniang bayan for
the program of government;

(ii) Direct the formulation of the municipal development plan, with the assistance of the municipal
development council, and upon approval thereof by the sangguniang bayan, implement the same;

(iii) At the opening of the regular session of the sangguniang bayan for every calendar year and, as
may be deemed necessary, present the program of government and propose policies and projects
for the consideration of the sangguniang bayan as the general welfare of the inhabitants and the
needs of the municipal government may require;

(iv) Initiate and propose legislative measures to the sangguniang bayan and, from time to time as
the situation may require, provide such information and data needed or requested by said
sanggunian in the performance of its legislative functions;

(v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of
municipal funds and whose appointments are not otherwise provided for in this Code, as well as
those he may be authorized by law to appoint;

(vi) Upon authorization by the sangguniang bayan, represent the municipality in all its business
transactions and sign on its behalf all bonds, contracts, and obligations, and such other documents
made pursuant to law or ordinance;

(vii) Carry out such emergency measures as may be necessary during and in the aftermath of man-
made and natural disasters and calamities;

(viii) Determine, according to law or ordinance, the time, manner and place of payment of salaries
or wages of the officials and employees of the municipality;

(ix) Allocate and assign office space to municipal and other officials and employees who, by law or
ordinance, are entitled to such space in the municipal hall and other buildings owned or leased by
the municipal government;

(x) Ensure that all executive officials and employees of the municipality faithfully discharge their
duties and functions as provided by law and this Code, and cause to be instituted administrative or
judicial proceedings against any official or employee of the municipality who may have committed
as offense in the performance of his official duties;

(xi) Examine the books, records and other documents of all offices, officials, agents or employees
of the municipality and in aid of his executive powers and authority, require all national officials and
employees stationed in or assigned to the municipality to make available to him such books,
records, and other documents in their custody, except those classified by law as confidential;

(xii) Furnish copies of executive orders issued by him to the provincial governor within seventy-two
(72) hours after their issuance: Provided, That municipalities of Metropolitan Manila Area and that
of any metropolitan political subdivision shall furnish copies of said executive orders to the
metropolitan authority council chairman and to the Office of the President;

(xiii) Visit component barangays of the municipality at least once every six (6) months to deepen his
understanding of problems and conditions therein, listen and give appropriate counsel to local
officials and inhabitants, inform the component barangay officials and inhabitants of general laws
and ordinances which especially concern them, and otherwise conduct visits and inspections to the
end that the governance of the municipality will improve the quality of life of the inhabitants;

(xiv) Act on leave applications of officials and employees appointed by him and the commutation of
the monetary value of leave credits according to law;

(xv) Authorize official trips outside of the municipality of municipal officials and employees for a
period not exceeding thirty (30) days;

(xvi) Call upon any national official or employee stationed in or assigned to the municipality to
advise him on matters affecting the municipality and to make recommendations thereon, or to
coordinate in the formulation and implementation of plans, programs and projects, and when
appropriate, initiate an administrative or judicial action against a national government official or
employee who may have committed an offense in the performance of his official duties while
stationed in or assigned to the local government unit concerned;

(xvii) Subject to availability of funds, authorize payment of medical care, necessary transportation,
subsistence, hospital or medical fees of municipal officials and employees who are injured while in
the performance of their official duties and functions;

(xviii) Solemnize marriages, any provision of law to the contrary notwithstanding;

(xix) Conduct a palarong bayan, in coordination with the Department of Education, Culture and
Sports, as an annual activity which shall feature traditional sports and disciplines included in
national and international games; and

(xx) Submit to the provincial governor the following reports: an annual report containing a summary
of all matters pertaining to the management, administration and development of the municipality
and all information and data relative to its political, social and economic conditions; and
supplemental reports when unexpected events and situations arise at any time during the year,
particularly when man-made or natural disasters or calamities affect the general welfare of the
municipality, province, region or country. mayors of municipalities of the Metropolitan Manila Area
and other metropolitan political subdivisions shall submit said reports to their respective
metropolitan council chairmen and to the Office of the President;

(2) Enforce all laws and ordinances relative to the governance of the municipality and the exercise
of its corporate powers provided for under Section 22 of this Code implement all approved policies,
programs, projects, services and activities of the municipality and, in addition to the foregoing, shall:

(i) Ensure that the acts of the municipality's component barangays and of its officials and
employees are within the scope of their prescribed powers, functions, duties and responsibilities;

(ii) Call conventions, conferences, seminars or meetings of any elective and appointive officials of
the municipality, including provincial officials and national officials and employees stationed in or
assigned to the municipality at such time and place and on such subject as he may deem important
for the promotion of the general welfare of the local government unit and its inhabitants;

(iii) Issue such executive orders as are necessary for the proper enforcement and execution of laws
and ordinances;

(iv) Be entitled to carry the necessary firearm within his territorial jurisdiction;

(v) Act as the deputized representative of the National Police Commission, formulate the peace and
order plan of the municipality and upon its approval implement the same and exercise general and
operational control and supervision over the local police in the municipality in accordance with R.A.
No 6975;

(vi) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless
violence, rebellion or sedition or to apprehend violators of the law when public interest so requires
and the municipal police forces are inadequate to cope with the situation or the violators;

(3) Initiate and maximize the generation of resources and revenues, and apply the same to the
implementation of development plans, program objectives and priorities as provided for under
Section 18 of this Code, particularly those resources and revenues programmed for gro-industrial
development and country-wide growth and progress, and relative thereto, shall:

(i) Require each head of an office or department to prepare and submit an estimate of
appropriations for the ensuing calendar year, in accordance with the budget preparation process
under Title Five, Book II of this Code;
(ii) Prepare and submit to the sanggunian for approval the executive and supplemental budgets of
the municipality for the ensuing calendar year in the manner provided for under Title Five, Book II of
this Code;

(iii) Ensure that all taxes and other revenues of the municipality are collected and that municipal
funds are applied in accordance with law or ordinance to the payment of expenses and settlement
of obligations of the municipality;

(iv) Issue licenses and permits and suspend or revoke the same for any violation of the conditions
upon which said licenses or permits had been issued, pursuant to law or ordinance;

(v) Issue permits, without need of approval therefor from any national agency, for the holding of
activities for any charitable or welfare purpose, excluding prohibited games of chance or shows
contrary to law, public policy and public morals;

(vi) Require owners of illegally constructed houses, buildings or other structures to obtain the
necessary permit, subject to such fines and penalties as may be imposed by law or ordinance, or to
make necessary changes in the construction of the same when said construction violates any law
or ordinance, or to order the demolition or removal of said house, building or structure within the
period prescribed by law or ordinance;

(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other
resources of the municipality; provide efficient and effective property and supply management in the
municipality; and protect the funds, credits, rights and other properties of the municipality; and

(viii) Institute or cause to be instituted administrative or judicial proceedings for violation of

ordinances in the collection of taxes, fees or charges, and for the recovery of funds and property;
and cause the municipality to be defended against all suits to ensure that its interests, resources
and rights shall be adequately protected;

(4) Ensure the delivery of basic services and the provision of adequate facilities as provided for
under Section 17 of this Code and, in addition thereto, shall:

(i) Ensure that the construction and repair of roads and highways funded by the national
government shall be, as far as practicable, carried out in a spatially contiguous manner and in
coordination with the construction and repair of the roads and bridges of the municipality and the
province; and

(ii) Coordinate the implementation of technical services rendered by national and provincial offices,
including public works and infrastructure programs in the municipality; and

(5) Exercise such other powers and perform such other duties and functions as may be prescribed
by law or ordinance.

(c) During his incumbency, the municipal mayor shall hold office in the municipal hall.

(d) The municipal mayor shall receive a minimum monthly compensation corresponding to Salary
Grade twenty-seven (27) as prescribed under R.A. No. 6758 and the implementing guidelines
issued pursuant thereto.

ARTICLE II
The Vice Mayor

Section 445. Powers, Duties and Compensation. -

(a) The vice-mayor shall:

(1) Be the presiding officer of the sangguniang bayan and sign all warrants drawn on the municipal
treasury for all expenditures appropriated for the operation of the sangguniang bayan;

(2) Subject to civil service law, rules and regulations, appoint all officials and employees of the
sangguniang bayan, except those whose manner of appointment is specifically provided in this
Code;

(3) Assume the office of the municipal mayor for the unexpired term of the latter in the event of
permanent vacancy as provided for in Section 44, Book I of this Code;

(4) Exercise the powers and perform the duties and functions of the municipal mayor in cases of
temporary vacancy as provided for in Section 46, Book I of this Code; and

(5) Exercise such other powers and perform such other duties and functions as may be prescribed
by law or ordinance.

(b) The vice-mayor shall receive a monthly compensation corresponding to Salary Grade twenty
 five (25) as prescribed under R.A. No. 6758 and the implementing guidelines issued pursuant
thereto.

K. Mine safety and Environmental protection

PD 189 PRESIDENTIAL DECREE No. 189 May 11, 1973

There is need to realign government efforts towards trade promotion and tourism development for greater
effectiveness; the tourist industry will represent an untapped resource base toward an accelerated socio-
economic development of the Philippines; the tourism program is subjected to various administrative and
organizational problems; and tourism properly deserves the Government's immediate and priority
attention.

X. FISHERIES
Ra 8550 (Philippines Fisheries Code)
A. Policies
Section 2. Declaration of Policy. - It is hereby declared the policy of the State:
(a) to achieve food security as the overriding consideration in the utilization, management, development,
conservation and protection of fishery resources in order to provide the food needs of the population. A
flexible policy towards the attainment of food security shall be adopted in response to changes in
demographic trends for fish, emerging trends in the trade of fish and other aquatic products in domestic
and international markets, and the law of supply and demand;lawphi1™
(b) to limit access to the fishery and aquatic resources of the Philippines for the exclusive use and enjoyment
of Filipino citizens;
(c) To ensure the rational and sustainable development, management and conservation of the fishery and
aquatic resources in Philippine waters including the Exclusive Economic Zone (EEZ) and in the adjacent
high seas, consistent with the primordial objective of maintaining a sound ecological balance, protecting
and enhancing the quality of the environment. The Philippines shall pursue its commitment to
international conventions and cooperate with other states and international bodies, in order to conserve
and manage threatened , aquatic species, straddling and highly migratory fish stocks and other living
marine resources;
(d) to protect the rights of fisherfolk, especially of the local communities with priority to municipal fisherfolk, in
the preferential use of the municipal waters. Such preferential use, shall be based on, but not limited to,
Maximum Sustainable Yield (MSY) or Total Allowable Catch (TAC) on the basis of resources and
ecological conditions, and shall be consistent with our commitments under international treaties and
agreements;
(e) to provide support to the fishery sector, primarily to the municipal fisherfolk, including women and youth
sectors, through appropriate technology and research, adequate financial, production, construction of
post-harvest facilities, marketing assistance, and other services. The protection of municipal fisherfolk
against foreign intrusion shall extend to offshore fishing grounds. Fishworkers shall receive a just share
for their labor in the utilization of marine and fishery resources;
((f) To adopt the precautionary principle and manage fishery and aquatic resources, in a manner consistent
with the concept of an ecosystem-based approach to fisheries management and integrated coastal area
management in specific natural fishery management areas, appropriately supported by research,
technical services and guidance provided by the State; and
(g) to grant the private sector the privilege to utilize fishery resources under the basic concept that the
grantee, licensee or permittee thereof shall not only be a privileged beneficiary of the State but also active
participant and partner of the Government in the sustainable development, management, conservation
and protection of the fishery and aquatic resources of the country.

B. Scope
Section 3. Application of its Provisions. - The provisions of this Code shall be enforced in:

(a) all Philippine waters including other waters over which the Philippines has sovereignty and jurisdiction,
and the country's 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf;

(b) all aquatic and fishery resources whether inland, coastal or offshore fishing areas, including but not limited
to fishponds, fishpens/cages; and

(c) all lands devoted to aquaculture, or businesses and activities relating to fishery, whether private or public
lands.

C. Use of Philippine Waters

Section 5. Use of Philippine Waters. - The use and exploitation of the fishery and aquatic resources in
Philippine waters shall be reserved exclusively to Filipinos: Provided, however, That research and survey
activities may be allowed under strict regulations, for purely research, scientific, technological and
educational purposes that would also benefit Filipino citizens.

D. Municipal Fisheries
ARTICLE I
MUNICIPAL FISHERIES
Section 16. Jurisdiction of Municipal/City Government. - The municipal/city government shall have
jurisdiction over municipal waters as defined in this Code. The municipal/city government, in consultation
with the FARMC shall be responsible for the management, conservation, development, protection,
 utilization, and disposition of all fish and fishery/aquatic resources within their respective municipal
waters.
The municipal/city government may, in consultation with the FARMC, enact appropriate ordinances for
this purpose and in accordance with the National Fisheries Policy. The ordinances enacted by the
municipality and component city shall be reviewed pursuant to Republic Act No. 7160 by the sanggunian
of the province which has jurisdiction over the same.
The LGUs shall also enforce all fishery laws, rules and regulations as well as valid fishery ordinances
enacted by the municipal/city council.
The management of contiguous fishery resources such as bays which straddle several municipalities,
cities or provinces, shall be done in an integrated manner, and shall not be based on political subdivisions
of municipal waters in order to facilitate their management as single resource systems. The LGUs which
share or border such resources may group themselves and coordinate with each other to achieve the
objectives of integrated fishery resource management. The Integrated Fisheries and Aquatic Resources
Management Councils (FARMCs) established under Section 76 of this Code shall serve as the venues for
close collaboration among LGUs in the management of contiguous resources.

E. Commercial Fisheries
ARTICLE II
COMMERCIAL FISHERIES

Section 26. Commercial Fishing Vessel License and Other Licenses. - No person shall operate a
commercial fishing vessel, pearl fishing vessel or fishing vessel for scientific, research or educational
purposes, or engage in any fishery activity, or seek employment as a fishworker or pearl diver without first
securing a license from the Department, the period of which shall be prescribed by the Department:
Provided, That no such license shall be required of a fishing vessel engaged in scientific, research or
educational purposes within Philippine waters pursuant to an international agreement of which the
Philippines is a signatory and which agreement defines the status, privileges and obligations of said
vessel and its crew and the non-Filipino officials of the international agency under which said vessel
operates: Provided, further, That members of the crew of a fishing vessel used for commercial fishing
except the duly licensed and/or authorized patrons, marine engineers, radio operators and cooks shall be
considered as fisherfolk: Provided, furthermore, That all skippers/master fishers shall be required to
undertake an orientation training on detection of fish caught by illegal means before they can be issued
their fishworker licenses: Provided, finally, That the large commercial fishing vessels license herein
authorized to be granted shall allow the licensee to operate only in Philippine waters seven (7) or more
fathoms deep, the depth to be certified by the NAMRIA, and subject to the conditions that may be stated
therein and the rules and regulations that may be promulgated by the Department.

F. Disposition of Public Lands for Fishery Purposes

ARTICLE III
AQUACULTURE
Section 45. Disposition of Public Lands for Fishery Purposes. - Public lands such as tidal swamps,
mangroves, marshes, foreshore lands and ponds suitable for fishery operations shall not be disposed or
alienated. Upon effectivity of this Code, FLA may be issued for public lands that may be declared
available for fishpond development primarily to qualified fisherfolk cooperatives/associations: Provided,
however, That upon the expiration of existing FLAs the current lessees shall be given priority and be
entitled to an extension of twenty-five (25) years in the utilization of their respective leased areas.
Thereafter, such FLAs shall be granted to any Filipino citizen with preference, primarily to qualified
fisherfolk cooperatives/associations as well as small and medium enterprises as defined under Republic
Act No. 8289: Provided, further, That the Department shall declare as reservation, portions of available
public lands certified as suitable for fishpond purposes for fish sanctuary, conservation, and ecological
purposes: Provided, finally, That two (2) years after the approval of this Act, no fish pens or fish cages or
fish traps shall be allowed in lakes.

G. Jurisdiction
CHAPTER VII
ADMINISTRATIVE ADJUDICATION
Section 130. Administrative Adjudication. – The Department is hereby empowered to impose the
administrative fines and penalties provided in this Code.

For this purpose, the Department shall organize and designate the composition of the Adjudication
Committee, which shall be composed of the bureau director as chairperson and four (4) other members to
be designated by the Secretary. The Adjudication Committee shall be supported by sufficient number of
staff to enable it to perform its mandate.
The Committee shall promulgate rules and regulations for the conduct of administrative adjudication and
the disposition of confiscated catch, gears, equipment and other paraphernalia. It shall also issue
subpoena duces tecum and ad testificandum in administrative cases before it.

H. Fishery Reserves, Refuge and Sanctuaries

I. Prohibited Acts

Section 86. Unauthorized Fishing or Engaging in Other Unauthorized Fisheries Activities

Section 87. Poaching in Philippine Waters.

Section 88. Fishing Through Explosives, Noxious or Poisonous Substance, and/or Electricity
Section 89. Use of Fine Mesh Net.
Section 90. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas
Section 91. Ban on Coral Exploitation and Exportation. Section 92. Ban on Muro-Ami
Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat.
Section 93. Illegal Use of Superlights
Section 94. Conversion of Mangroves
Section 95. Fishing in Overfished Area and During Closed Season.
Section 96. Fishing in Fishery Reserves, Refuge and Sanctuaries.
Section 97. Fishing Or Taking of Rare, Threatened or Endangered Species.
Section 98. Capture of Sabalo and Other Breeders/Spawners
Section 99. Exportation of Breeders, Spawners, Eggs or Fry.
Section 100. Importation or Exportation of Fish or Fishery Species
Section 101. Violation of Catch Ceilings.
Section 102. Aquatic Pollution

XI. WATER

PD 1067 (Water Code of the Philippines)

→ A decree instituting a Water Code, thereby revising and consolidating the laws governing the
ownership, appropriation, utilization, exploitation, development, conservation and protection of water
resources.
OBJECTIVES OF THE WATER CODE OF THE PHILIPPINES
1. To establish the basic principles and framework relating to the appropriation, control and conservation
of water resources and to achieve the optimum development and rational utilization of these resources;
2. To define the extent of the rights and obligations of water users and owners including the protection
and regulation of such rights;
3. To adopt a basic law regarding the ownership, appropriation, utilization, exploitation,
development,conservation and protection of water resources and rights to land related thereto; and4. To
identify the administrative agencies which will enforce the Water Code.
UNDERLYING PRINCIPLES OF THE WATER CODE OF THE PHILIPPINES
1. All waters belong to the State;
2. All waters that belong to the State cannot be subject to acquisitive prescription;
3. The State may allow the use or development of waters by administrative concession;
4. The utilization, exploitation, development, conservation and protection of water resources shall
besubject to the control and regulation of the government through the Natural Water Resources Council;
5. Preference in the use and development of waters shall consider current usages and be responsive to
the changing needs of the country.
WATERS
– as used in the Water Code, refers to water under the ground, water above the ground,water in the
atmosphere and the waters of the sea within the territorial jurisdiction of the Philippines.
WATERS THAT BELONG TO THE STATE
1. Rivers and their natural beds;
2. Continuous or intermittent waters of springs and brooks running in their natural beds and the beds
themselves;
3. Natural lakes and lagoons;
4. All other categories of surface waters such as water flowing over lands, water from rainfall whether
natural or artificial, and water from agricultural run-off, seepage and drainage;
5. Atmospheric water;
6. Subterranean or ground waters; and
7. Seawater.
WATERS FOUND ON PRIVATE LANDS THAT BELONG TO THE STATE
1. Continuous or intermittent waters rising on such lands;
2. Lakes and lagoons naturally occurring on such lands;
3. Rain water falling on such lands;
4. Subterranean or ground waters

PRESIDENTIAL DECREE No. 424 March 28, 1974

CREATING A NATIONAL WATER RESOURCES COUNCIL, RECONSTITUTING ITS
MEMBERSHIP, VESTING THE SAME WITH POWERS TO COORDINATE AND INTEGRATE WATER
RESOURCES DEVELOPMENT, AND PROVIDING FUNDS THEREFOR
The social and economic progress of the country is highly dependent on the proper
development, control and utilization of its total water resources; As the country progresses and the
population increases, there will develop, as has been experienced, keener competition and conflict of
interests among water users; and there is an urgent need for a well-integrated and coordinated planning
and prosecution of projects, including an expanded effort in the continuing task of water resources survey
and appraisal, in order to achieve an orderly and scientific development as well optimum utilization and
control of our water resources to meet the present and future water needs of the country;

EO 123 (National Water Resources Board)

 The Board membership as reconstituted per E.O. 123, is composed of heads of the departments
and agencies with no direct claims on water resources: Department of Environment and Natural
Resources (DENR); National Economic and Development Authority (NEDA), the Department of Justice
(DOJ), Department of Finance (DOF), Department of Health (DOH), National Hydraulic Research Center,
University of the Philippines (UP-NHRC) and the Executive Director of National Water Resources Board
(NWRB), as the head of Secretariat. The Board, presided by the Secretary of DENR as Chairman, meets
every month to define policies and to resolve all issues and conflicts in water resources development and
management. The Board is supported by a fulltime working staff composed of specialists in the different
aspects of water resources as well as administrative support personnel. The staff headed by an Executive
Director, is composed of some 65 engineers, scientists, economist and legal specialist and some 49
administrative, financial and technical level support personnel.

EO 124, REORGANIZING THE MINISTRY OF PUBLIC WORKS AND HIGHWAYS, REDEFINING ITS
POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES
RECALLING, that the reorganization of the government is expressly mandated in Article II,
Section 1 (a), and Article III of the Freedom Constitution; pursuant to the Executive Order No. 5
(1986), there is a need to effect the necessary and proper changes in the organizational and functional
structures of the national and local governments, agencies, and instrumentalities, including government-
owned and controlled corporations and their subsidiaries, in order to promote economy, efficiency and
effectiveness in the delivery of public services.

PRESIDENTIAL DECREE No. 1206, CREATING THE DEPARTMENT OF ENERGY

→ With the creation of the Ministry of Energy (MOE) under Presidential Decree 1206 dated October 6,
1977 the Philippine Atomic Energy Commission (PAEC) was transferred to the control and supervision of
the MOE from the Office of the President. Presidential Decree No. 1206 attached the National
Electrification Administration (NEA) to the Ministry of Energy in 1978 .Under Presidential Decree No.
1206, the National Power Corporation (NPC) was attached to the new ministry for purposes of policy
coordination and integration with sectoral programs.

*List of special environmental laws

 Agriculture & Fisheries Modernization Act of 1997 , Republic Act No. 8435
 Amending Certain Sections of (R.A. 4850), Otherwise Known as the "Laguna Lake Development
Authority Act of 1966.". Presidential Decree No. 813
 Amendment to the Agrarian Reform Code , Republic Act No. 7907
 Amendment to the Revised Forestry Code , Presidential Decree No. 1775
 An Act Amending R. A. No. 5474, As Amended by R. A. No. 6145 (Re: Prohibiting the Catching,
Selling, Offering to Sell, Purchasing any of the Fish Species Called "Gobiidae" or "Ipon"). , Batas
Pambansa Bilang 58
 An Act Amending Section Thirty-Six of P. D. No. 705, Otherwise Known as "The Revised Forestry
Code of the Philippines" , Batas Pambansa Bilang 701
 An Act Creating the Laguna Lake Development Authority (LLDA), Republic Act No. 4850
 An Act for Salt Iodization Nationwide (ASIN) , Republic Act No. 8172
 An Act to Protect Wild Flowers and Plants in the Philippine Islands and to Prescribe Conditions
Under Which They May be Collected, Kept, Sold, Exported, and for Other Purposes. , Act 3983
 An Act to Reserve to the Philippine Legislature the Disposition of the Waters of the Public Domain
for the Utilization and Development of Hydraulic Power. , Act. No. 4062
 Animal Welfare Act of 1998 , Republic Act No. 8485
 Chain Saw Act of 2002 , Republic Act No. 9175
 Coconut Preservation Act of 1995 , Republic Act No. 8048
 Code on Sanitation of the Philippines, Presidential Decree No. 856
 Ecological Solid Waste Management Act of 2000 , Republic Act No. 9003
 Environmental Impact Statement System - Areas/Types of Projects, Proclamation No. 2146
 Environmental Impact Statement System , Presidential Decree No. 1586
 EXECUTIVE ORDER NO. 5, CREATING THE PASIG RIVER REHABILITATION COMMISSION
 EXECUTIVE ORDER NO. 65, AMENDING EXECUTIVE ORDER NO. 54, SERIES OF 1999
 EXECUTIVE ORDER NO. 79 , INSTITUTIONALIZING AND IMPLEMENTING REFORMS IN THE
PHILIPPINE MINING SECTOR PROVIDING POLICIES AND GUIDELINES TO ENSURE
ENVIRONMENTAL PROTECTION AND RESPONSIBLE MINING IN THE UTILIZATION OF
MINERAL RESOURCES
 EXECUTIVE ORDER NO. 927 , FURTHER DEFINING CERTAIN FUNCTIONS AND POWERS
OF THE LAGUNA LAKE DEVELOPMENT AUTHORITY.
 Guidelines on Biological & Genetic Resources, executive Order No. 247 [1995]) - President Fidel
V. Ramos
 High-Value Crops Development Act of 1995 , Republic Act No. 7900
 Implementing Rules & Regulations of the Philippine Clean Air Act of 1999
 LAGUNA LAKE DEVELOPMENT AUTHORITY RESOLUTION NO. 33 Series of 1996,
APPROVING THE RULES AND REGULATIONS IMPLEMENTING THE ENVIRONMENTAL
USER FEE SYSTEM IN THE LAGUNA DE BAY REGION
 Lanao del Sur National Parks , Republic Act No. 4190
 Marine Pollution Decree of 1976 , Presidential Decree No. 979
 Mt. Kanla-on Natural Park (MKNP) Act of 2001 , Republic Act No. 9154
 National Caves and Cave Resources Management and Protection Act , Republic Act No. 9072
 National Integrated Protected Areas System Act of 1992 , Republic Act No. 7586
 National Pollution Control Commission , Presidential Decree No. 984
 National Water & Air Pollution Control Commission Act , Republic Act No. 3931
 Penalty for Improper Garbage Disposal, Presidential Decree No. 825
 People's Small-Scale Mining Act of 1991 , Republic Act No. 7076
 Pertaining to the Preservation, Beautification, Improvement and Gainful Utilization of the Pasig
River, Providing for the Regulation and Control of Pollution of the River and Its Banks in Order to
Enhance Its Development, Thereby Maximizing Its Utilization for Socio-Economic Purposes.
 Philippine Clean Air Act of 1999 , Republic Act No. 8749
 PHILIPPINE CLEAN WATER ACT OF 2004, REPUBLIC ACT 9275
 Philippine Environment Code , Presidential Decree No. 1152
 Philippine Environmental Policy , Presidential Decree No. 1151
 Philippine Fisheries Code of 1975, Presidential Decree No. 704
 Philippine Fisheries Code of 1998 , Republic Act No. 8550
 Philippine Mining Act of 1995 , Republic Act No. 7942
 Philippine Plant Variety Protection Act of 2002 , Republic Act No. 9168
 Plant Quarantine Law of 1978 , Presidential Decree No. 1433
 Preferential Treatment of Small Fisherfolks [15-km.Mun. Water], DENR Administrative Order No.
03
 Presidential Decree No. 274
 Prohibition Against Cutting of Tindalo, Akli & Molave Trees , Act No. 3572
 Prohibition Against Cutting of Trees in Public Roads, Plazas, etc. , Republic Act No. 3571
 Quezon National Park - Proc. No. 740|Proc. No. 594|Proc. No. 2
 Regulations for the Conservation of Marine Turtles, Bureau of Forest Development Circular No.
08
 Revised Coast Guard Law, Presidential Decree No. 601
 Revised Forestry Code of the Philippines , Presidential Decree No. 705
 Seed Industry Development Act of 1992 , Republic Act No. 7308
 Small-Scale Mining Law , Presidential Decree No. 1899
 Strategic Environmental Plan for Palawan Act , Republic Act No. 7611
 Subic Watershed Forest Reserve Law, Proclamation No. 926 (President Corazon C. Aquino)
 Task Force Pawikan, Executive Order No. 542 (President Ferdinand E. Marcos)
 Tax Laws Incorporated in the Revised Forestry Code , Republic Act No. 7161
 The Coral Resources Development & Conservation Decree , Presidential Decree No. 1219
 The Fisheries Act , Act No. 4003
 The Indigenous Peoples Rights Act of 1997 , Republic Act No. 8371
 The Water Code of the Philippines , Presidential Decree No. 1067
 The Water Crisis Act of 1995 , Republic Act No. 8041
 Toxic Substances & Hazardous & Nuclear Wastes Control Act of 1990 , Republic Act No. 6969
 Wildlife Resources Conservation and Protection Act , Republic Act No. 9147
 Withdrawal of Lead in Gasoline , Presidential Decree No. 2001