Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 389)
The official title is the "Forestry Reform Code of the Philippines."
The policy is to promote the wise utilization, conservation, and development of the forest resources of the country, including their associated services relating to water supply, recreation, and wildlife preservation.
The Bureau of Forestry, the Reforestation Administration, and the Parks and Wildlife Office were merged to form the Bureau of Forest Development.
They are appointed by the President of the Philippines.
They must be natural-born citizens of the Philippines, at least 30 years old, holders of at least a Bachelor's Degree in Forestry or its equivalent, and registered foresters.
Permanent Forest or Forest Reserve refers to forest or timberland delimited, classified, and proclaimed for forest uses, whose boundaries cannot be modified except to conform with precise surveys and upon approval of the President.
The maximum tenure is 25 years, renewable for another 25 years upon faithful compliance with the terms and conditions.
Imprisonment of prision correccional in its medium period, a fine of five times the minimum single forest charge on the timber and other forest products, confiscation of the products, machinery, equipment, implements, tools used, and forfeiture of improvements in favor of the Government.
There is a system of phasing out log exportation and accelerated development of local wood processing industry through disincentives and incentives, including mandatory wood processing requirements increasing annually until 100% of timber production must be locally processed by 1976.
Transfers are generally prohibited except after three years from issuance with approval, and provided the transferee meets qualifications, and no evidence of speculation exists.
They can arrest without warrant in public forests for violations, seize and confiscate forest products and tools used, administer oaths, and take testimonies in investigations.
Public domain lands with eighteen percent (18%) slope or over, regardless of vegetative cover, occupancy or use, and certain smaller parcels surrounded by forest or suitable for permanent forest purposes.
Kaingin Management refers to the program for controlling shifting cultivation, conducting surveys of occupants, identifying beneficiaries, and providing assistance and agroforestry programs to stabilize forest occupants and prevent unauthorized encroachment.
Entering, occupying, destroying, damaging timber stands or forest growth without prior written permission from the Director is unlawful, including setting fires that spread to public forests and occupying without permits or leases.
The Bureau is responsible for conducting comprehensive forest research, including silviculture, ecology, range and wildlife habitat management, forest soils, watershed management, pests and diseases, and coordinating with educational institutions.
The President of the Philippines, upon recommendation by the Department Head, has the power to proclaim national parks and modify their boundaries.
They face dismissal from service with prejudice, imprisonment of not less than one year, and a fine of not less than one thousand pesos (P1,000).
Failure to pay charges results in a surcharge of 25%. Nonpayment within 60 days can lead to suspension or cancellation of permits and forfeiture of bonds. Obstruction or diversion of remitted charges can result in fines up to 100,000 pesos and imprisonment up to 6 years.
Conflicts are investigated by the Regional Director with proper notice to parties. Decisions can be appealed to the Director, then the Department Head, and ultimately to the Supreme Court or Court of Appeals on questions of law.