Definition of Public Forests
- Public forests include all unreserved public lands covered with trees, regardless of tree age.
Creation and Administration of Forest Reserves
- The Civil Governor may set apart forest reserves from public lands upon recommendation of the Chief of the Bureau of Forestry and Secretary of the Interior approval.
- Establishment and boundaries are declared by proclamation.
- Forest reserves cannot be entered, sold, or disposed of except as provided.
- Boundaries may be altered or reserves revoked by proclamation, reverting lands to public lands.
Restrictions on Sale and Disposal of Forest Products
- Public forests and reserves and their products like timber, firewood, gums, and others, shall not be sold or disposed of except as expressly provided.
- Mining claims within public forests are governed exclusively by the mining law (Act No. 624).
- Licenses to extract stone or earth apply only to lands not valuable for mining.
Rights and Access to Forests
- No prescriptive rights or permanent concessions accrue except as authorized by the Act.
- Public forests remain open for lawful access by the people, subject to the Act's provisions.
Agricultural Classification of Forest Lands
- Lands better suited for agriculture than forestry can be certified by the Chief of the Bureau of Forestry and declared agricultural by the Secretary of the Interior.
- A committee may assist in these certifications including officials from Agriculture and Public Lands bureaus.
Regulation and Management
- The Chief of the Bureau of Forestry, with Secretary of the Interior approval, prescribes and may revise regulations for forest protection, management, reproduction, occupancy, and use.
- Regulations emphasize continued supply of valuable timber and forest products.
Leasing and Licensing for Timber-Related Uses
- Leases up to four hectares may be granted for sawmill or timber depot sites to license holders.
- Free rights of way may be granted for access to licensed lands.
- Licenses may be issued for timber, firewood, gums, resins, and other products at rates fixed by the Bureau.
Classification of Provinces and Timber Groups
- Provinces are divided into Class A and Class B for regulatory purposes.
- Native trees are classified into four groups influencing tax rates and regulation.
Measurement, Taxation, and Charges on Timber and Forest Products
- The metric system is used for measurement.
- Specific government charges apply per cubic meter of timber, differentiated by province class and timber group.
- Additional charges apply to ebony and camagon with different rates if sapwood is removed.
- Volume calculations include formulas for round, squared, and sawn timber.
- Smaller timber pieces classified as firewood have separate tax provisions.
- Gums, resins, and other products incur a 10% tax on actual market value.
- Joint assessments on market values are published for taxpayer guidance.
Forest Product Licenses
- Licenses specify rights, often exclusive territories, and require timber selection before cutting.
- Licenses are limited to a maximum of 20 years.
- Terms may include minimum cutting quotas and forfeiture provisions for noncompliance.
License Announcement and Enforcement
- The class of licenses issued must be publicly announced.
- Licenses can be revoked or suspended for violations.
Licenses for Mining Purposes
- Gratuitous licenses granted for timber use in mining on mining claims.
- Such licenses are limited to use on the claim.
- Miner's timber licenses can be issued for timber outside the claim at half the standard government charge.
Licensing and Disposal of Stone and Earth
- Licenses may be issued for removal of stone or earth from forests where removal is not detrimental.
- Terms may include minimum removal amounts and forfeiture provisions.
Gratuitous Licenses for Domestic or Public Use
- Timber, firewood, gums, resins, stone, and earth may be licensed gratuitously for domestic or public works use within territorial limits.
- Gratuitous licenses for woods in the first group (valuable species) are not permitted.
Demarcation of Forest Boundaries
- The Bureau of Forestry may require public surveys to demarcate forest boundaries, with costs borne by forest revenues.
Coordination with U.S. Forestry Methods
- Philippine forestry methods should align where practicable with U.S. Department of Agriculture forestry methods to ensure uniformity and cooperation.
Conflict of Interest Restrictions
- Bureau officials and employees, except for guards, are prohibited from having pecuniary interests in forests or forest products.
Enforcement Authority and Arrest Powers
- Bureau of Forestry officials and agents may make arrests without warrant for violations on or adjacent to forest lands.
- Local officials must assist.
- Non-Christian tribe members are warned on first offenses, but second offenses face full penalties.
- Arrests without warrant require prompt obtaining of a warrant and judicial appearance.
Registration of Private Forest Titles
- Private forest landowners must register titles with the Bureau of Forestry.
- Unregistered lands are treated as public forests regarding wood cut.
- The Bureau may seek assistance from land registration and legal officials to verify titles.
Prohibition and Penalties for Unauthorized Forest Clearing
- Cutting, clearing, or destruction of forests for "caingins" (swidden cultivation) without authority is prohibited.
- Violators face fines up to twice the government charge for timber, and imprisonment up to 30 days.
- Unauthorized removal of forest products without license results in payment of double the government charge.
Exclusive License Territory Exclusivity
- Exclusive license holders have sole right to cut or remove forest products within licensed territory.
- Unauthorized entry and cutting constitute unlawful acts.
- Seized unlawful timber is held and may be sold or released upon payment.
- Local residents may be allowed to cut for domestic use within exclusive license areas.
Fire Regulations on Private Lands Adjacent to Public Forests
- Clearing fires on private lands adjoining forests require written permission from forest officers or municipal presidents.
- Fires should be conducted under supervision.
- Violations may result in fines up to 100 pesos or imprisonment up to 30 days.
Prohibition on Unauthorized Use of Official Forestry Marks
- Unauthorized manufacture, possession, or fraudulent use of government marking tools or marks is punishable by fines up to 500 pesos or imprisonment up to one year.
Reporting Violations and Penalties
- Delays, falsification, or refusal to comply with reporting or other duties are punishable by fines up to 200 pesos.
Transportation and Payment Obligations
- Failure to pay government charges within 30 days for forest products transported or removed incurs an additional 50% penalty.
Duties of Local Officials in Absence of Forest Officers
- Municipal presidents act as forest officers when no local forest officer is available.
- Failure to perform duties may result in fines up to 50 pesos.
- Bureau provides instructions to local officials regarding their duties.
Seizure and Auction of Unpaid Forest Products
- Forest products or earth on which charges are unpaid for 15 days after due date are subject to seizure and sale at public auction.
- Sales proceeds pay charges and costs, surplus is returned to the delinquent.
- Unsold property may be declared sold to the government for use in public works.
Redemption of Seized Property
- Owners may redeem seized property before auction by paying charges and costs.
- Costs are limited to actual expenses without added service charges.
Appeals against Additional Charges
- Aggrieved persons may appeal additional charges to the Court of First Instance within 20 days.
- Courts may confirm, reverse, or modify charges.
- Favorable judgments result in payment certificates and adjustments in government accounts.
- Appeals by the Bureau suspend payment settlements pending final decision.
Effective Date and Currency
- Most provisions take effect upon passage; some specified sections take effect on May 20, 1904.
- All sums are in Philippine currency.
Repeal of Conflicting Laws
- Prior military general orders and various Acts related to forestry and provincial government are repealed.
This summary encapsulates the key provisions and concepts regulating the use, licensing, management, and protection of public forests and forest reserves in the Philippine Islands as established by Act No. 1148, known as The Forest Act.