Title
Forex Code Revision PD 705 1975
Law
Presidential Decree No. 705
Decision Date
May 19, 1975
Presidential Decree No. 705, the Revised Forestry Code of the Philippines, is a comprehensive law that establishes the Bureau of Forest Development and regulates the utilization and management of forest lands, with a focus on protecting forest resources and granting priority to timber license and pasture lease holders.

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.

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