Regulating Forestry Profession Practice

Coverage and what counts as practice

A person who offers to perform or who performs for another (whether for profit or not) forestry-related services is deemed to be practicing the forestry profession.
Practicing forestry includes scientific conservation and management of forests for continuous and judicious utilization of forests and forest products.
Practicing forestry includes forestry services such as consultation, investigation, planning, preparation, and implementation of management plans for forest and national park areas, and determining the suitability of public forest land for pasture or agricultural land.
Practicing forestry also includes logging, forest reconnaissance and timber estimate, and scaling and grading of logs and lumber.
Practicing forestry includes identification of woods and other forestry products and administration, management, and supervision of forest plantation and tree farm leases within public forests.
Practicing forestry includes protection and conservation of game and wildlife and preparation and implementation of reforestation and afforestation plans.
Practicing forestry includes supervision of any forestry activity requiring the application of forestry principles and other activities related to forest protection, silviculture, and maintaining or restoring necessary ecological balance.

Definition of “forester” under the law

A forester is a natural person duly registered with the Board of Examiners as a forester who is either:
- (1) duly qualified and exempt from taking the board examination, or
- (2) who passed the Forestry Board Examination.
Persons with at least three years practical experience in the field or who have completed at least two years of the Forestry Course may be employed to perform the services under the supervision of a forester who is responsible for satisfactory completion of their work.

Board of Examiners: creation and composition

Within thirty days after approval, a Board of Examiners for Foresters is created to administer and regulate the profession under the law.
The Board is composed of three foresters chosen from a list of six (6) nominees recommended by the national Society of Filipino Foresters.
The President appoints Board members with the consent of the Commission on Appointments.
Board members hold office for a term of three years after appointment.
The first Board has staggered terms: one member for one year, one member for two years, and one member for three years.
Each Board member must qualify by taking the proper oath of office before performing duties.
The Board elects a Chairman every year, without reelection.

Removal, suspension, and vacancies

The President may remove a Board member for neglect of duty, incompetence, malpractice, or unprofessional, unethical, immoral or dishonorable conduct.
Removal is allowed only after the Board member is given the opportunity to defend himself in a proper administrative investigation subject to civil service procedure and regulations.
During the investigation, the President may suspend the member under investigation and appoint a temporary member in his place.
No suspension may last more than sixty (60) days.
Vacancies are filled only for the unexpired term, and no member may be reappointed after serving a full term of three years.

Powers and duties of the Board

The Board administers oaths; issues and revokes certificates of registration for the practice of forestry; and investigates malpractice, unethical practices, and violations of the law and its regulations.
For investigations, the Board may conduct hearings, issue subpoena, and issue subpoena duces tecum.
The Board determines whether educational institutions offering forestry courses conform to accepted forestry standards and conducts inspections of such institutions.
The Board endorses for approval by the Office of the President, upon recommendation by the National Society of Filipino Foresters, a Code of Ethics and a Code of Forestry Practices.
The Board performs other duties necessary to maintain scientific, ethical, and technological standards of the forestry profession.
The Board designates area specialists for each forestry examination to formulate questions and rate examination papers under the Board’s administrative supervision.
The Board is responsible for the professional competence of area specialists and ensures their identities are not revealed.
Area specialists must be qualified foresters and must not be connected, directly or indirectly, with any educational institution offering forestry courses at the time of designation and during service as area specialists.

Qualifications and restrictions for Board members

A Board member must be a natural-born citizen of the Philippines, of good moral character.
A Board member must be at least a holder of the Bachelor of Science in Forestry (or equivalent degree in Forestry).
A Board member must have been engaged in the practice of forestry for at least ten years.
A Board member must not be connected directly or indirectly with any educational institution offering courses in forestry.
No Board member may accept employment or become connected with any such educational institution for six months after his term.

Board Secretariat and support

The Commissioner of Civil Service provides the Secretariat needed by the Board, under the Board’s direct supervision and control.
The Board Chairman designates an officer of the Secretariat to act as Secretary of the Board and Custodian of all records and minutes, including examination papers.
The Commissioner of Civil Service provides adequate office space and facilities and gives full support and cooperation to the Board.

Fees and compensation

The Board charges each examination applicant not less than fifty pesos (P50.00), payable to the collecting and disbursing officer of the Civil Service Commission upon filing of the application.
The Board charges for each certificate of registration not less than twenty pesos (P20.00).
Each Board member receives per diems of not more than one hundred pesos (P100.00) per meeting, with no more than twenty-four (24) Board meetings a year.
Each forester designated to formulate questions and rate papers receives compensation set by the Board, but not less than five pesos (P5.00) for each applicant examined.
A government forester appointed as a Board member or designated as an examiner receives the applicable per diem or compensation, in addition to his government salary.
All actual, incidental, and clerical expenses of the Board, including the per diems and compensation, are paid by the collecting and disbursing officer of the Civil Service Commission out of funds set aside for that purpose.

Records, register, and evidence

The Board keeps a record of proceedings and a register of all applications for registrations.
The register shows the applicant’s name, age, and residence, application date, place of business, educational and other qualifications, whether an examination was required, whether the application was rejected, whether the certificate of registration was granted, the date of Board action, and other information the Board deems necessary.
Board records are prima facie evidence of Board proceedings.
A transcript of Board records, duly certified by the Board Secretary under seal, is admissible in evidence.

Annual reporting

At the end of each fiscal year, the Board submits to the President of the Philippines and both Houses of Congress a report of its activities and meetings during the fiscal year that ended.

Mandatory registration to practice

No person may practice or offer to practice forestry in the Philippines without a valid certificate of registration as forester issued by the Board.
A certificate of registration is issued to:
- those exempt from examination and qualified under Section 16, or
- those who passed the forestry board examination under the law.

Technical examination and who may qualify

Except as provided in Section 16, all applicants must pass a technical examination for registration.
Examinations are held at time, date, and place determined by the Board.
The Board prescribes examination subjects and methods.
Applicants must establish to the Board’s satisfaction prior to the examination that they:
- are at least twenty-one years of age,
- are citizens of the Philippines,
- have good reputation and good moral character, and
- are graduates of a four-year course in forestry (or equivalent) from an educational institution in the Philippines or abroad.

Oath requirement before registration

Persons qualified under Section 16 and successful examination candidates must take a professional oath before the Board or other authorized government officials authorized to administer oaths before a certificate of registration is issued.

Exemption from examination

Examinations are not required for:
- holders of the degree of Bachelor of Science in Forestry (or equivalent) or a higher forestry degree, provided they have at least ten years experience in technical forestry work in the Government or private enterprise (or both), or have passed a civil service examination for foresters;
- forestry experts from other countries called by the Philippine Government for consultation, provided they qualified in their countries in appropriate forestry examinations, or if no forestry examinations are given, their expertise is certified by the proper Philippine diplomatic or consular representative; and
- forestry experts from other countries under contract with and working for local private forestry enterprises, provided they qualified in their countries in appropriate forestry examinations, or if no forestry examinations are given, their expertise is certified by the proper Philippine diplomatic or consular representative.

Violations, penalties, and disciplinary consequences

A person who wilfully violates any provision of the law is subject to a fine of not more than five hundred pesos (₱500).
A person who gives false testimony or submits falsified evidence to obtain a certificate of registration or in hearings for malpractice or unethical conduct is penalized under the Revised Penal Code for falsification or perjury.
The Board may revoke a certificate of registration for malpractice or unethical conduct, subject to Civil Service procedures and regulations.
The law preserves the right of any person to avail of judicial proceedings or remedies under existing laws.

Roster of registered foresters

Within six months from approval, the Commissioner of Civil Service prepares a roster showing the names and places of business of all registered professional foresters after giving due notice that the Board is ready to register persons qualified as foresters who are exempt from taking the forestry board examination.
The Commissioner updates the roster annually with additional registered foresters, including those exempt from examination and those who passed the Board examination.
Certified copies of the roster are placed on file with the Secretary of Agriculture and Natural Resources, the Bureau of Forestry, the Reforestation Administration, the Parks and Wildlife Office, and the College of Forestry.
Certified copies may also be furnished without cost to department heads, mayors of chartered cities, and other bureaus, government entities or agencies, and city, provincial and municipal authorities as may be necessary.
Certified copies are furnished to the public upon request.

Separability and effectivity

If any part or provision of the law, or its application to any person or circumstance, is declared unconstitutional, the remainder of the law or the application to other persons or circumstances is not affected.
The law takes effect upon approval (June 19, 1971).