Title
Forestry Reform Code of the Philippines
Law
Presidential Decree No. 389
Decision Date
Feb 5, 1974
The Forestry Reform Code of the Philippines governs the management and conservation of forests, including the definition of Permanent Forests, National Parks, Game Refuge and Bird Sanctuary areas, Reforestation Projects, Marine Parks, Grazing Land, Alienable or Disposable Land, and various other terms and provisions.

Law Summary

Title and Declaration of Policy

  • Known as the Forestry Reform Code of the Philippines.
  • State policy includes wise utilization, conservation, development, and rehabilitation of forest resources.
  • Emphasizes ecological balance, watershed protection, and establishment of a stable forestry agency.

Organization and Jurisdiction of the Bureau of Forest Development

  • Consolidates the Bureau of Forestry, Reforestation Administration, and Parks and Wildlife Office.
  • Bureau is under the Department of Agriculture and Natural Resources.
  • Headed by a Director and Assistant Directors appointed by the President.
  • Provides qualifications for leadership positions (Filipino citizen, 30 years old, forestry degree, registered forester).
  • Establishes functional divisions (Planning, Administration, Legal, Silviculture, Forest Protection, Parks and Wildlife, Forest Research).
  • Regional and district offices created for operational efficiency.
  • Bureau manages classification, protection, utilization of public forests, issuance of licenses and permits, and enforcement.
  • Authorizes promulgation of rules and regulations by the Director with Department Head approval.
  • Provides law enforcement powers including arrest, seizure, oath administration.

General Principles and Diffusion of Benefits

  • Public forests are managed under multiple-use and sustained-yield principles.
  • Corporations granted forest licenses must offer at least 20% of capital stock to employees or the public within three years.
  • Acknowledges and respects private rights and land claims existing in forest areas.

Land Classification

  • Public lands with 18% slope or more are declared permanent forest reserves by presidential proclamation.
  • Certain smaller parcels and shoreline areas are included in permanent forests for protection.
  • Forest reserve boundaries must be clearly marked with concrete monuments.
  • Portions of forest lands below 18% slope may be classified as alienable or disposable upon certification.
  • Allows modification of forest reserve boundaries by the President upon recommendation.

Special Areas and Their Management

  • Bureau responsible for comprehensive forest research focusing on silviculture, ecology, watershed, pests, and wildlife.
  • National parks established by presidential proclamation for preservation of natural and cultural resources.
  • Watershed reservations created to protect water supply and reduce sedimentation, with coordinated management involving water-using agencies.
  • Municipal or city governments may establish forests and pastures with national technical assistance.

Forest Resources Management

  • Watershed management includes erosion control, water yield regulation, pollution control, and rehabilitation.
  • Timber utilization requires economic and social justification and sustainable management plans.
  • Commercial timber allocated primarily through long-term licenses supporting wood industries.
  • Timber appraisal and scaling system instituted for measuring and assessing forest charges.
  • Authorities empowered to impose fees and collect revenues to fund forest activities.
  • Mandatory local processing requirements phased from 40% in 1973 to 100% from 1976 onward.
  • Range and wildlife resources managed to maintain ecological balance and support livestock industries.
  • Regulations enforced on hunting, with permits and conservation measures.
  • Recreation areas identified for protection and development, with fees and management rules.
  • Mangrove and swamp areas protected for coastal and forest functions under sustainability principles.
  • Kaingin (slash-and-burn) practices regulated, with census and relocation plans; illegal kaingin penalized.
  • Industrial plantations promoted with incentives, with licenses or leases for long-term forest occupation.
  • Mining within public forest areas requires presidential approval with forestry protection considerations.

Licenses, Leases, and Permits

  • Various types of licenses and leases defined, including timber, pulpwood, provisional, private land, mangrove, industrial plantation, pasture, minor forest products, special use permits, etc.
  • License areas and tenure specified, generally 10 to 25 years with renewals allowed.
  • Transfer of licenses and leases generally prohibited except under strict conditions and approvals.
  • Private landowners with timber must register and follow approved management plans.
  • Authority to cancel or suspend privileges for violations.

Infrastructure Development

  • Bureau coordinates infrastructure like roads, bridges, ports with other agencies to reduce costs and support forest industry.
  • Design standards and supervision for forest transportation systems established.
  • Main roads linked to national networks and eventually become public roads.

Administrative Adjudication and Appeals

  • Conflicts over forest licenses or land claims handled by the Regional Director and Director with appeal to the Department Head.
  • Timelines and procedures for motions for reconsideration and appeals specified.
  • Appeals fees and effect of appeals on execution of decisions clarified.
  • Adverse claims and conflicts require sworn statements and evidence, with investigation and resolution process defined.
  • Finality of decisions and further recourse to courts provided.

Prohibitions and Penalties

  • Free entry mandated for forest officers; obstruction grounds for cancellation of licenses.
  • Illegal cutting, gathering, or removal of forest products penalized by imprisonment, fines, confiscation, and license forfeiture.
  • Unauthorized grazing, surveying, misclassification by officials carries penalties including imprisonment and fines.
  • False tax declarations and coercion with fines, imprisonment, and dismissal for officials.
  • Unauthorized occupation, destruction, or fire in forests penalized with fines, imprisonment, eviction, and confiscation of improvements.
  • Possession or use of forest officers' implements without authority penalized.
  • Fraud in selling logs and wood products punishable by suspension, fines, and license revocation.
  • Failure to pay forest charges results in surcharges, suspension, cancellation, fines, and imprisonment.
  • Violations in national parks and wildlife protected areas carry fines and restoration requirements.
  • Illegal kaingin occupants face imprisonment, eviction, confiscation, and officials involved face dismissal and disqualification.

Definitions and Miscellaneous Provisions

  • Defines key terms such as timber land, public forest, permanent forest, national park, watershed, alienable land, working unit, forest products, multiple-use, sustained yield, forest officer, processing plant, private rights, primitive tribes, and main roads.
  • Provides separability clause ensuring validity of the code if parts are invalidated.
  • Authorizes creation of positions and appropriations for Bureau personnel and uniforms.
  • Repeals inconsistent laws and takes immediate effect upon promulgation.

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