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.