Law Summary
Definitions of Key Terms
- Public forest: unclassified public domain lands regarding forest purposes.
- Permanent forest (forest reserves): classified forest lands needed for forest purposes.
- Alienable and disposable lands: classified lands not required for forest purposes.
- Forest lands comprise public forest, permanent forest reserves, and forest reservations.
- Various specialized forest lands defined, including grazing land, mineral lands, mangroves, national parks, game refuges, watersheds, and others.
- Terms relating to forest utilization and management defined, such as selective logging, sustained-yield management, and multiple-use.
- Designation of official roles, including forest officers and classification of private rights and persons.
Organization and Jurisdiction of the Bureau of Forest Development
- Merger of forestry-related agencies into one Bureau responsible for forest management.
- Bureau has jurisdiction over all forest lands, grazing lands, forestry reservations, national parks, and related resources.
- Bureau responsibilities include protection, development, management, reforestation, regulation of licensees, sustained yield management, and enforcement of forest laws.
- Bureau headed by a Director and Assistant Directors with specified qualifications.
- Bureau is under the Department of Natural Resources' supervision.
- Director's decisions are subject to review by the Department Head, with limited court interference.
- Creation of organizational divisions and regional and district offices for efficient operation.
- Establishment of training programs and performance evaluation systems for Bureau employees.
Classification and Survey of Public Lands
- Development of criteria and methods for classification of public domain lands by the Department Head.
- Temporary simplified classification system for unclassified lands pending full classification.
- Lands over 18% slope generally not alienable; reversion of improperly classified lands to forest lands stipulated.
- Specific forest lands required to be maintained as forest such as small patches, reforested areas, riparian zones, and previously proclaimed reserves.
- Mandatory marking of boundaries between forest reserves and alienable lands.
- Authority of the President to establish reservations and national parks for conservation and scientific purposes.
Utilization and Management of Forest Resources
- Implementation of multiple-use principle ensuring optimum benefits without impairing forest resources.
- Requirement of authorization by license agreement, lease, license, or permit before utilization or occupation of forest lands.
- Promotion of sustained yield management balancing growth and harvest.
Timber Management
- Use of appropriate silvicultural and harvesting systems (selective logging, seed-tree systems) tailored to forest types.
- Progressive and comprehensive timber inventories mandated before harvesting.
- Determination of annual allowable cut and cutting cycles to ensure sustainability.
- Fixed duration and renewal conditions for timber harvesting privileges, not exceeding 25 years each term.
- Regulation limiting forest concession size based on effective utilization and ability to manage.
Wood-Processing Industry
- Encouragement and rationalization of wood-processing plants regulated by the Bureau.
- Mandatory operating licenses and regulation of location to ensure sustainable material supply.
- Incentives for wood waste utilization and local processing of logs.
Reforestation Obligations
- Mandatory reforestation of denuded, brush-covered, or erosion-prone forest lands.
- Provision for leases of forest lands for industrial tree plantations and tree farms with minimum area requirements.
- Priority granted to existing license or permit holders for establishing plantations.
- Incentives include rental exemptions, reduced fees, tax exemptions, and technical support.
Forest Protection Measures
- Inclusive protective measures for all forest resources against illegal activities, fire, insect infestation, and destruction.
- Exclusive timber harvesting through license agreements with obligations to protect.
- Regulation of timber utilization in non-forest lands and wood-processing to prevent illegal harvesting.
- Establishment of control stations for timber transportation.
- Regulation of mining operations in forest lands to prevent environment degradation.
- Coordination in infrastructure development within forest lands preserving resource values.
- Management of forest occupancy preventing harmful uses and sedimentation.
- Requirement of census and regulation of unauthorized occupants, including kaingineros and squatters.
Special Uses of Forest Lands
- Limitations on pasture use based on land slope and environmental protection.
- Regulation of wildlife harvesting with allowance for public safety but subject to conservation.
- Development and protection of recreational areas within forest lands.
- Authorization for special uses like sawmills, camps, and other non-damaging facilities.
Qualifications and Restrictions for Forest Land Utilization
- Policy to diffuse utilization privileges among qualified individuals and corporations.
- Preference for Filipino citizenship and equity participation in corporations.
- Requirement of financial and technical capability to ensure sustainable forest management.
- Restrictions on transfer or sale of licenses and conditions for approved transfers.
- Provision for service contracts involving foreign assistance.
- Mandatory employee equity sharing plans for corporations holding forest land utilization privileges.
Regulatory Fees and Financial Administration
- Authority granted to fix charges for forest land utilization and related services.
- Power to impose additional fees for forest protection and reforestation activities.
- Procedures for collection, remittance, and management of fees including special revolving funds.
- Tree measurement standards for assessing fees with provisions for updated methods.
Criminal Offenses and Penalties
- Severe penalties for cutting timber without license including qualified theft charges and confiscation.
- Fines and imprisonment for unlawful occupation, kaingin, fire setting, and damage to forest lands.
- Punishments for unauthorized grazing, illegal occupation and vandalism of national parks, destruction of wildlife resources.
- Imprisonment and fines for illegal surveying and misclassification by public officials.
- Penalties for issuing improper tax declarations on forest lands and coercion related to misclassification.
- Strict sanctions against unlawful possession or use of government markings and devices.
- Surcharges and penalties for failure to pay or remit forest charges, including fines and dismissal of officials.
- Regulations on the sale of wood products requiring compliance with grading rules; penalties for violations.
- Authority for forest officers to arrest offenders without warrant and seize evidence.
Special Clauses
- Separability clause ensuring remaining provisions stand if parts are declared unconstitutional.
- Repealing clause invalidating inconsistent laws and regulations.
- Immediate effectivity of the Code upon promulgation.