QuestionsQuestions (Republic Act No. 11917)
PD 705 is titled the “Revised Forestry Code of the Philippines,” and it revises Presidential Decree No. 389 (the Forestry Reform Code of the Philippines).
The State policies include: orienting multiple uses of forest lands to national development, science/technology, and public welfare; systematizing and hastening land classification and survey; encouraging/rationalizing wood-processing plants; and emphasizing protection, rehabilitation, and development to ensure continuity of productive forest conditions.
Public forest is public domain not yet classified for forest purposes and not determined needed for forest purposes; permanent forest/forest reserves are public domain lands classified and determined needed for forest purposes; alienable and disposable lands are public domain lands classified and declared not needed for forest purposes.
A license agreement gives the right to utilize forest resources within forest land with right of possession and occupation (except government) plus obligations to develop/protect/rehabilitate. A license authorizes utilization of forest resources without right of occupation/possession (or to operate a wood-processing plant) to the exclusion of others. A permit is a short-term authority to utilize limited forest resources or undertake limited activities within forest land without right of possession/occupation.
The Bureau of Forestry, the Reforestation Administration, the Southern Cebu Reforestation Development Project, and the Parks and Wildlife Office (including their applicable appropriations, records, equipment, property, and necessary personnel).
The Bureau has jurisdiction over all forest lands, grazing lands, and forest reservations (including watershed reservations) and is responsible for protection, development, management, regeneration/reforestation, regulation and supervision of licensees/lessees/permittees, implementation of multiple-use and sustained-yield management, protection/preservation of national parks, marine parks, game refuges, wildlife sanctuaries, prevention of kaingin, effective classification of public domain lands, and enforcement of relevant forestry laws.
They must be natural-born citizens, at least 30 years old, hold at least a Bachelor’s Degree in Forestry or its equivalent, and be registered foresters.
All Director actions/decisions may be reviewed motu proprio or upon appeal by an aggrieved person by the Department Head. The Department Head’s decision becomes final and executory after 30 days from receipt by the aggrieved party, unless appealed to the President under E.O. No. 19 (s. 1966). Court review is not allowed except via special civil action for certiorari or prohibition.
No land of the public domain eighteen percent (18%) slope or over may be classified as alienable and disposable. No forest land fifty percent (50%) slope or over may be classified as grazing land.
Examples include: areas less than 250 hectares far from or not contiguous with certified alienable/disposable lands; isolated forest patches with rocky terrain or protecting a spring; already reforested areas; areas within forest concessions with timber/good residual stocking to support a wood-processing plant; ridge tops/plateaus where headwaters emanate; appropriately located road rights-of-way; 20-meter strips along normal high waterlines; specified mangrove/swamp strips; and areas needed for national parks, historical sites, refuges/wildlife sanctuaries, forest station sites, and previously proclaimed forest reserves and parks.
Boundaries must be clearly marked and maintained on the ground through infrastructure/roads/concrete monuments at intervals not more than 500 meters or other visible/practicable signs to ensure forest protection.
Multiple-use is the harmonized utilization of beneficial uses of forest lands (land/soil/water/wildlife/recreation value/grass/timber). Activities are allowed only if they produce optimum benefits for national development and public welfare without impairment (or with least injury) to other resources.
No person may utilize, exploit, occupy, possess, or conduct any activity within forest land, or establish/operate a wood-processing plant, unless authorized under a license agreement, lease, license, or permit.
For dipterocarp forests: selective logging. For pine forests: the seed tree system (with planting when necessary). Other forest types: a suitable system found by research, and initially observation-based practices abroad may be used.
No harvest is allowed unless it has been subject to at least a 5% timber inventory (or statistically sound timber estimate) made not earlier than five (5) years prior to the issuance of the license agreement or license allowing such utilization.
The maximum period is 25 years, renewable for another period not exceeding 25 years to utilize remaining commercial harvestable timber. It automatically terminates even before expiration when harvestable timber is utilized without leaving any logged-over area capable of commercial utilization.
Forest lands shall not be held in perpetuity. The size/duration of forest lands subject to timber utilization is limited to that which a person may effectively utilize and develop for a period of 50 years, considering cutting cycle, applicant performance, capacity to protect/manage the whole area, and requirements of processing plants in the region.