FORESTRY

Forestry : Policies

 P.D. 705 – The Forestry Reform Code of the Philippines,

(enacted May 19, 1975), as amended
 Proper classification of lands of public domain into forest
lands;
 Utilization and management of forest lands;
 Criminal Offenses and Penalties
Forestry : Policies

 PD 1152 – Philippine Environmental Code, Chapter III

 Rational Exploitation of Forest Resources
 Regulation of Use of Fertilizers and Pesticides
 Soil Conservation
Forestry : Forest Resources

 Forest lands and watersheds

 Includes Non-Timber Resources (e.g., fruits and nuts,
vegetables, fish and game, medicinal plants, resins,
essences, barks and fibres, and palms and grasses.)
 Grazing and mangrove areas
 Forest reservations
 National Parks
Ownership and Control of Forest
Resources

 Article XII, 1987 Constitution

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.
Jurisdiction over Forest Resources

 Department of Environment and Natural Resources

(DENR)
 Exclusive jurisdiction on the management and disposition of
all lands of the public domain
 Responsible for classification, sub-classification, surveying
and titling of lands
 Regulation of the development, disposition, extraction,
exploration and use of the Philippines’ natural resources
 Licensing, conservation, protection
Jurisdiction over Forest
Resources
 Local Government Units (RA 7160)
 Implementation of community-based forestry projects
 Management and control of communal forests with an area
not exceeding 50 km2
 Establishment of tree parks, greenbelts and similar forest
development projects
Modes of Utilizing Forests
Resources

 Article XII, 1987 Constitution

Section 2. The exploration, development and utilization
of natural resources shall be under the full control and
supervision of the State.

Section 4. 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.
Modes of Utilizing Forests
Resources

 P.D. 705 (creation and merger of all forest

agencies into the Bureau of Forest Development)
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.
Modes of Utilizing Forests
Resources

 P.D. 705 (creation and merger of all forest

agencies into the Bureau of Forest Development)

Section 20. 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.
Qualifications

 Citizenship (Section 59)

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.
Qualifications

 Financial and Technical Capability (Section 59)

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.
Qualifications

 Transfers (Section 61)

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
Qualifications

 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.
Forest Protection – E.O 23 Series
of 2011
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.
 DENR is henceforth hereby prohibited from issuing logging
contracts/agreements in all natural and residual forests
 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 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;
Forest Protection – E.O 23 Series
of 2011
 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.
 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;
Forest Protection – E.O 23 Series
of 2011
 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.

 The Department of Education shall be given priority in the

use of all confiscated logs.
Forest Protection – E.O 23 Series
of 2011
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 is hereby mandated to take the lead in
the anti-illegal logging campaign and ensure the
implementation of this Executive Order under the
supervision of the DENR. It shall also assist the DENR in
the enforcement of other environmental laws.
Prohibited Acts
ACT NO. 2812 - An act to prohibit the cutting or
utilization of fruit trees and bushes in the public or
communal forests without a special permit by the Bureau
of Forestry.

Republic Act No. 8371 - An act to recognize, protect and

promote the rights of indigenous cultural
communities/indigenous people, creating a national
commission of indigenous people, establishing,
implementing mechanisms, appropriating funds
therefore, and other purposes.
Prohibited Acts
PD 705:
 Unlawful possession of implements and devices used by
forest officers.
 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.
 Forest lands to be reforested.