Title
Supreme Court
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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