PD 705 Revised Forestry Code as issued on May 1975 repealed PD 398 Forest Reform Code and CA No.

452 Pasture Land Act and all other laws inconsistent with it.
Purpose
Utilization of forest lands
Protection, rehabilitation and development of forest lands
Institutes delimitation of lands of the public domain

State policy
Utilization of the forest shall be oriented to the progress requirements of the country, science and
technology and public welfare
Land classification will be systematized
Wood processing plants shall be encouraged
Protection, rehabilitation and development of forest lands for sustainability

Organizational Structure
DENR through EO 192 : shall be the primary agency responsible for the conservation, management,
development and proper use of the countrys environment and natural resources, specifically the
forest...to ensure equitable sharing of benefits of the present and future generation.
The court will not interfere with matters that are subject to the sound discretion of government
agencies entrusted with the regulation of activities coming under the special technical knowledge and
training of such agencies.
Forest Management Bureau- Bureau of Forestry, Reforestation Administration, Southern Cebu
Reforestation Development Project and the Parks and Wildlife office, headed by a Director and
and Asst. Director appointed by the President.
Supervision
DENR Secretary has supervision over the FMB and with the recommendations of the
Director of Forestry shall promulgate rules to implement the Code.
Review
DENR Secretary shall review the rules motu propio or upon appeal of a person, 30 days
final unless appealed to the Pres.
Exhaustion of admin remedies- the DENR shall first be allowed to rule on controversies
at least for first instance
Doctrine of primary jurisdiction-does not warrant a court to arrogate unto itself the
authority to resolve controversies within the primary jurisdiction of an admin body
Finality of admin decisions-Doctrine of res judicata forbids the reopening of a matter
once determined by competent authority acting within their exclusive jurisdiction
Laches applicable when the failure or neglect for an unreasonable and unexplained
length of time, warrants a presumption that the party wilfully abandoned the claim.
Not every activity inside the forest rests on the jurisdiction of the FMB, such as the
closure of logging road

Classification
All lands of public domain into agricultural, industrial or commercial, residential, resettlement, mineral,
timber or forest, and grazing lands
DENR Sec shall classify the land.
Shall declare those for forest purposes as permanent forest to form part of the forest reserves
Shall transfer disposable land to the Land Management Bureau
Shall transfer Mangrove and other swamp for fishpond purposes to BFAR
Concept of forest and forest land- the classification is descriptive of its legal statues and not merely on
its physical qualification
Unless stated in a formal declaration a forest shall remain a forest despite physical changes

Topography
No public domain land with 18% or higher slope shall be alienable
No forest land 50% in slope or over, as grazing land
-alienable with 18% slope shall be reverted to forest land classification unless:
Covered by existing titles, occupied openly, publicly and adversely for not less than 30 years prior to the
effectivity of the Code

Areas needed for forest purposes-although below 18% shall not be alienable
-less than 250 ha not contiguous to an alienable land
-at least 5ha with rocky terrain protecting a communal spring
-areas reforested
-areas with goo residual stocking to support and existing of newly established wood processing plant
-ridge tops and plateaus surrounding a forest where head water emanates
-appropriately located road rights or way
-20m strips of land along the edge of the normal high waterline of rivers and streams with channels of
atleast 5 meters wide
-Mangrove at least 20m wide along bodies of water and 20m strip of land facing lakes
-national parks, national historical sites, game refuge and wildlife sanctuaries, forest station sites and
other public interest
* if owned by a third person through title, shall be cancelled, amended or expropriated

Mangrove
-shall be first declared forest then reclassified by the Director of Forest Development as agricultural
before transfer to the jurisdiction of BFAR

Forest lands are not registrable
-unless declared or reclassified as alienable, forest land shall remain as inalienable
-certificate of title under private person shall be cancelled if it involves inalienable land

Reservations in forest lands and off shore areas
-Pres may establish forest reserve and forest reservation within public lands for national park system,
preservation
-Pres may modify boundaries of existing ones
-DENR Sec may establish any portion of forest or forest reserve as its site or experimental forest for
Forest Research Inst.
Intl. Hardwood Veneer Co. v. UP Pres Issued a declaration granting UP full ownership and
cancelling sale then RA 3039 was enacted to reserve the area for experiment station and extension
function.

Utilization and management
Utilization, exploitation, occupation or possession of any forest land or any activity beneficial to public
welfare and not causing injury to the resources shall be allowed.
Critical watersheds and national parks are not subject to logging operations.
1. Preservation and protection of forests
2. Principle of inter-generational responsibility
3. Timber license (means of the state to regulate utilization and disposition of forest resources for
public welfare which can be validly withdrawn to protect public interest) is not a contract but a
mere privilege which does not create irrevocable rights
No person may utilize, exploit, occupy, possess and conduct any activity within any forest land or
establish and operate any wood processing plant unless he has been authorized to do so under a license
agreement, lease, license or permit.

Duration of license timber in forest land
-In accordance with the annual allowable cut, established cutting cycle, yield capcity of harvested timble
and capacity of healthy residuals for a second growth
-May be terminated despite unexpiration of the license if harvestable timber already utilized
-25 years and renewable for 25 more

Size of concessions
-Within the limit of a person effectively utilizing and developing for 50 years given the cutting cycle
-Capacity to manage and protect the whole area

Reforestation
-Forest lands to be reforested
-Industrial tree plantations and tree farms

Forest Protection
Control on concession areas- only those with license will have exclusive right to utilize with the
exception with the govt. and shall have the obligation to protect and conserve such area
-If holder of license waives the right of gathering the products, another person may be issued with a
license to gather such products without right of possession and occupation of the area but subject to a
the same obligations

There shall be regulating power over other classes of lands and wood processing plants,
-private
-alienable
-govt. agencies owned

Swamplands and mangrove forest set aside for coast protection purposes shall not be subject to clear
cutting operation
Mangrove and swamplands under the BFAR not utilized for 5 years shall be reverted back to forest land

Visitorial power
DENR, director of authorized rep may examine books of license holders to make sure in compliance with
the Revised Forestry Code

Authority of forest officers
1. Free entry
2. Administer oath and acknowledge official matters related to function
3. Take testimony in official investigation under this code or its IRR


Mining operations
-Shall be governed by mining laws, regulated with due regard to protections of surface resources
-No mining activities are allowed in forest concessions areas unless proper notice has been served upon
the licensees from Director
-Mining operations suspended for more than 5 years shall be placed under the management of the
forest management bureau
-Mining operation terminated due to exhaustion of minierals shall revert to forest land unless reserved
for other purposes

Special Uses
Pasture in forest lands
-No forest land 50% in slope or over may utilized for pasture purposes
-Should be maintained with sufficient grass cover to protect soil water and other forest resources
-IRR shall indicate the size of the land and other forest lands for special uses

Wildlife
-maybe destroyed, killed, consumed, eaten of disposed without permit to protect life and for
convenience of the people subject to the regulations of the Director to maintain ecological balance of
flora and fauna

Recreation
-The bureau,shall protect forest areas that are potentially valuable for recreation and tourism and
establish plans to attract visitors thereto and meet increasing demands therefore
-construct necessary facilities to accommodate outdoor recreation and the funds shall be derived from
fees payed by private citizens for the rent or use of such facilities

Other special uses of forest lands
-may be leased for 25 years and another 25 years for the ff activities which do not impare the resources:
1. sawmills
2. lumber yards
3. timber depots
4.logging camps
5.rights of way
6. construction of sanatoria
7. bathing establishment
8.camps
9. saltworks

Qualifications
Diffussion of benefits
-permits shall be diffused with as many qualified applicants as possible
-corporation with 60% Filipinos shall be preferred

Service contracts
-Sec , in national interest,may allow forest product licensees to enter into service contracts for financial
management and technical assistance in consideration of a fee with any foreign person/entity to explore
and utilize national resources
-E0 278 of july 1987 Sec is authorized to negotiate in behalf of the govt. joint venture, co-production,
production sharing for development and utilization of forest resources with any Filipino person entity at
least 60% owned by Filipino (conform with Sec5)

Criminal Offenses

Cutting, gatheiring and/or collecting timber or other products without license
Sec.68 PD 705 as amended by EO 277
-cut gather collect remove timber of forest product from alienable disposable or private lands shall be
charged with theft and qualified theft
-in cases of partnerships and corporations, officers will be liable, if alien, will also be deported without
further proceeding with the Commission on Immigration and Deportation
-the subject of the violation will be confiscated in favour of the government

Sec. 68 A
-Administrative Authority of the Dept Head or his Authorized Rep to order confiscation in accordance
with pertinent laws on the matter

Sec. 68 B
-Rewards to informants amounting to 20% of the proceeds of the confiscated material

Illegal forest products
1. Without requisite authorization
2. With incomplete supporting docs
3. With genuine authorizations or permit but invalid
4. With fake authorizations or permit

Forest products-broad enough to encompass lumber which to reiterate is manufactures timber
Lumber
Pulpwood, firewood, bark, treetop, resin, wood, oil, honey. Beeswax, nipa, rattan, charcoal. Other forest
growths, grass, shrub, flowering plants in forest lands and others

People v. Que
2 distinct and separate offenses punished under Sec.68 PD 705 as amended by EO 277
1. Gather collect remove timber of forest product from alienable disposable or private lands
-defense would be the presentment of the permit from DENR
2. Possession of timber or other forest products without the legal documents required under
existing forest laws and regulations
-permit is immaterial the mere possession of the products consummates the crime

DENR has jurisdiction over confiscation of forest products and conveyances used for the commission of
the crime


Unlawful occupation or destruction of forest lands
-not less than 500 nor more than 20k imprisoned for not less than 6 months and not more than 2 years
and liable for payment of 10x the rental fees and other charges had it been authorized
Offender found guilty of making kaingin
-not less than 2 years or more than 4 years and a fine equal to 8x the regular forest charges due on the
forest products destroyed without prejudice to restoration of destroyed area
-court shall further order eviction from the area and forfeiture of all improvements, vehicle, animals
equipment in that area to be sold n public auction
-if public official shall be automatically dismissed and permanently disqualified from holding elective and
appointive position

Pasturing livestock
-imprisoned for not less than 6 months and not more than 2 years and liable for payment of 10x the
rental fees and other charges had it been authorized
-partnership and corporation

Illegal occupation of national parks system and recreation areas and vandalism therein
-any person without permit occupy and destroy
-not less than 200 not more than 500
-restoration if needed

-any person without permit hunt kill capture any kind of bird, fish or wild animal in a national park shall
have same penalty as above
-court shall further order eviction from the area and forfeiture of all improvements, vehicle, animals
equipment in that area to be sold n public auction
-corporation and partnership shall be responsible for the acts of employees

Survey by unauthorized persons
-imprisonment for not less than 2 years or more than 4 years
-confiscation of implements used
-cancellation of the license
-upon without permit from the Director, with license of not undertake any survey

Misclassification and survey by government office
-releases a forest land as alienable and disposable contrary to the standards set by the Code
-after an appropriate administrative proceeding dismissed from office without prejudice to re-
employment
-not less not 1 year and not less than 1k upon the determination of the court

Arrest and institution of criminal action
-Forest officer or employee of the Bureau shall arrest even without warrant if catches any person
committing any violation of the Code in his presence
-Shall seize tools used in favour of the government
-Arresting officer shall deliver offender and seized objects within 6 hours after arrest
-Reasonable time shall be followed in case of far areas to file PI
-Forestry admin orders shall prevail in disposing seized objects
-Officers of the barrio or police may be deputized by the DENR Sec.

Search and Seizure without warrant
-Mustang Lumber Inc v CA (seizure of truck and cargo consisting of almaciga lumber without permit is
valid)
-People v. Que (while driving was apprehended for carrying without permit tanguile lumber and coconut
is valid)

Forest products confiscated upon authority of the DENR Sec is beyond the reach of replevin
-in custodia legis and therefore cannot be seized by the sheriff for being subject to prior warrant of
seizure
-option is inform the trial court of the situation by way of partial sheriffs return and wait for the judges
instruction on the proper procedure