Chainsaw Act

Republic of the Philippines
Congress of the Philippines

Metro Manila
Twelfth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-second day of July, two thousand two.
REPUBLIC ACT NO. 9175
November 7, 2002
AN ACT REGULATING THE OWNERSHIP, POSSESSION, SALE, IMPORTATION AND USE
OF CHAIN SAWS, PENALIZING VIOLATIONS THEREOF AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
Section 1. Title. - This Act shall be known as the "Chain Saw Act of 2002".
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Sec. 2. Declaration Policy. It is the policy of the State consistent with the Constitution, to
conserve, develop and protect the forest resources under sustainable management. Toward
this end, the State shall pursue an aggressive forest protection program geared towards
eliminating illegal logging and other forms of forest destruction which are being facilitated with
the use of chain saws. The State shall therefore regulate the ownership, possession, sale,
transfer, importation and/or use of chain saws to prevent them from being used in illegal
logging or unauthorized clearing of forests.
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Sec. 3. Definition of Terms. - As used in this Act, the term:

(a) "Chain saw" shall refer to any portable power saw or similar cutting implement, rendered
operative by an electric or internal combustion engine or similar means, that may be used for,
but is not limited to, the felling of trees or the cutting of timber;
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(b) "Chain saw dealer" shall refer to a person, natural or juridical, engaged in the
manufacture, importation, distribution, purchase and/or sale of chain saws;
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(c) "Department" shall refer to the Department of Environment and Natural Resources; and
(d) "Secretary" shall refer to the Secretary of the Department of Environment and Natural
Resources.
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Sec. 4. Persons Authorized to Manufacturer, Sell and Import Chain Saws. - Chain saws shall
only be sold and/or imported by manufacturers, dealers and/or private owners who are duly
authorized by the Department.
Sec. 5. Persons Authorized to Possess and Use a Chain Saw. - The Department is hereby
authorized to issue permits to possess and/or use a chain saw for the felling land/or cutting of
trees, timber and other forest or agro-forest products to any applicant who:
(a) has a subsisting timber license agreement, production sharing agreement, or similar
agreements, or a private land timber permit;
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(b) is an orchard and fruit tree farmer;

(c) is an industrial tree farmer;
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(d) is a licensed wood processor and the chain saw shall be used for the cutting of timber that
has been legally sold to said applicant; or
(e) shall use the chain saw for a legal purpose.
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Agencies of the government that use chain saws in some aspects of their functions must
likewise secure the necessary permit from the Department before operating the same.
Sec. 6. Registration of Chain Saws. - Within a period of three (3) months from the effectivity
hereof, all persons who own or are otherwise in possession of chain saws must register the
same with the Department, through any of its Community Environment and Natural Resources
Office, which shall issue the corresponding registration certificate or permit if it finds such
persons to be qualified hereunder.
Every permit to possess and/or use a chain saw for legitimate purpose shall be valid for two
(2) years upon issuance:Provided, That permits to possess and use chainsaw issued to noncommercial orchard and fruit tree farmers shall be valid for a period of five (5) years upon
issuance. For this purpose, the Department shall be allowed to collect reasonable registration
fees for the effective implementation of this Act.
Sec. 7. Penal Provisions. (a) Selling, Purchasing, Re-selling, Transferring, Distributing or Possessing a Chain Saw
Without a Proper Permit. - Any person who sells, purchases, transfer the ownership,
distributes or otherwise disposes or possesses a chain saw without first securing the necessary
permit from the Department shall be punished with imprisonment of four (4) years, two (2)
months and one (1) day to six (6) years or a fine of not less than Fifteen thousand pesos
(P15,000.00) but not more Thirty thousand pesos (30,000.00) or both at the discretion of the
court, and the chain saw/s confiscated in favor of the government.
(2) Unlawful Importation or Manufacturing of Chain Saw. - Any person who imports or
manufactures a chain saw without obtaining prior authorization from the Department shall be
punished by imprisonment of not less than one (1) month nor more than six (6) months and a
fine of not less than One thousand pesos (P1,000.00) for more than Four thousand pesos
(P4,000.00).
(3) Tampering of Engine Serial Number. - Any person who is found to have defaced or
tampered with the original registered engine serial number of any chain saw unit shall be
punished by imprisonment of not less than one (1) month nor more than six (6) months and a
fine of not less than One thousand pesos (P1,000.00) nor more than Four thousand pesos
(P4,000.00).
(4) Actual Unlawful Use of Chain Saw. - Any person who is found to be in possession of a chain
saw and uses the same to cut trees and timber in forest land or elsewhere except as
authorized by the Department shall be penalized with imprisonment of six (6) years and one
(1) day to eight (8) years or a fine of not less that Thirty thousand pesos (P30,000.00) but not
more than Fifty thousand pesos (P50,000.00) or both at the discretion of the court without
prejudice to being prosecuted for a separate offense that may have been simultaneously
committed. The chain saw unlawfully used shall be likewise confiscated in favor of the
government.
If the violation under this Sec. is committed by or through the command or order of another
person, partnership or corporation, the penalties herein provided shall likewise be imposed on
such other person, or the responsible officer(s) in such partnership or corporation.
If the offender is a public official or employee, in addition to the above penalties, he shall be
removed from office and perpetually disqualified from holding any public office.
The chain saws confiscated under this Sec. shall be sold at public auction to qualified buyers
and the proceeds thereof shall go to the Department.
Sec. 8. Reward. - Any person who voluntarily gives information leading to the recovery or
confiscation of an unregistered chain saw and the conviction of persons charged thereof shall
be entitled to a reward equivalent to twenty person (20%) of the value of the chain saw
unit(s). The Department is authorized to include in its budget the amount necessary to carry
out the purpose of this Sec. .
Sec. 9. Authority of the Secretary. - To effectively implement the provisions of this Act, the
Secretary shall issue the implementing rules and regulations within ninety (90) days upon
approval of this Act. He shall likewise organize an office within the Department to ensure that
requirements imposed by this Act may be complied with by qualified persons, within the
shortest possible time, at the least possible expense.
In the Province of Palawan, the provisions of this Act shall be implemented by the Palawan
Council for Sustainable Development pursuant to Republic Act No. 7611 or the Strategic
Environmental Plan for Palawan.
Sec. 10. Revocation of Registration and Permit. - The Secretary may revoke any Certificate of
Registration or permit previously issued to a person found violating the provisions of this Act,
or the rules and regulations issued pursuant thereto.
Sec. 11. Joint Congressional Oversight Committee. - To monitor and oversee the
implementation of this Act, including the approval of the rules and regulations issued pursuant
hereto, there is hereby created a Joint Congressional Oversight Committee to be composed of
the Chairpersons of the Senate Committee on Environment and Natural Resources and the
House Committee on Natural Resources as Chairperson and Co-Chairperson, five (5) members
of each of the Senate and the House of Representatives who shall be designated by the Senate
President and the Speaker of the House of Representatives as members: Provided, That the
two (2) of the five (5) senators and two (2) of the five (5) House members shall be nominated
by the respective Minority Leaders of the Senate and the House of Representatives.
Sec. 12. Transitory Provision. - In the interim while the Department is formulating the
implementing rules and regulations to effectively carry out the provisions of this Act, the
Bureau of Customs is prohibited from approving any chain saw importation without clearance
from said Department.
Sec. 13. Separability Clause. - If, for any reason, any part or provision of this act shall be
declared as unconstitutional or invalid, such parts or provisions not affected thereby shall
remain in full force and effect.
Sec. 14. Repealing Clause. - all laws, executive orders, presidential decrees, letters of
instruction, rules and regulations, or parts thereof which are inconsistent with any of the
provisions of this Act are hereby repealed and/or amended accordingly.
Sec. 15. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication
in the Official Gazette or in at least two (2) national newspapers of general circulation,
whichever comes earlier.
Approved:
JOSE DE VENECIA JR.

Speaker of the House of
Representatives
FRANKLIN DRILON
President of the Senate
This Act, which is a consolidation of Senate Bill No. 1940 and House Bill No. 3994, was finally
passed by the Senate and the House of Representative on August 14, 2002 and September 2,
2002, respectively.
ROBERTO P. NAZARENO
Secretary General
House of Represenatives
OSCAR G. YABES
Secretary of Senate
Approved: November 7, 2002

GLORIA MACAPAGAL-ARROYO
President of the Philippines
PRESIDENTIAL DECREE NO. 705

[As amended by P.D. No. 1559, P.D. No. 865, P.D. No. 1775, Batas
Pambansa (B.P.) Blg. 701, B.P. Blg. 83, Republic Act (R.A.) No. 7161,
Executive Order (E.O.) No. 277 and 83 O.G. No. 31]
REVISED FORESTRY CODE

[REVISING PRESIDENTIAL DECREE NO. 389,
OTHERWISE KNOWN AS
THE FORESTRY REFORM CODE OF THE PHILIPPINES]
WHEREAS, proper classification, management and utilization of the lands
of the public domain to maximize their productivity to meet the demands
of our increasing population is urgently needed;
WHEREAS, to achieve the above purpose, it is necessary to reassess the
multiple uses of forest lands and resources before allowing any
utilization thereof to optimize the benefits that can be derived

therefrom;
WHEREAS, it is also imperative to place emphasis not only on the
utilization thereof but more so on the protection, rehabilitation and
development of forest lands, in order to ensure the continuity of their
productive condition;
WHEREAS, the present laws and regulations governing forest lands are not
responsive enough to support re-oriented government programs, projects
and efforts on the proper classification and delimitation of the lands
of the public domain, and the management, utilization, protection,
rehabilitation, and development of forest lands;
NOW, THEREFORE, I, Ferdinand E. Marcos, President of the Philippines, by
virtue of the powers in me vested by the Constitution, do hereby revise
Presidential Decree No. 389 to read as follows:
Section 1
Title of this Code
This decree shall be known as the "Revised Forestry Code of the Philippines."
Section 2
Policies
The State hereby adopts the following policies:
a.
The multiple uses of forest lands shall be oriented to the
development and progress requirements of the country, the advancement of
science and technology, and the public welfare;
b. Land classification and survey shall be systematized and hastened;
c. The establishment of wood-processing plants shall be encouraged and
rationalized; and
d. The protection, development and rehabilitation of forest lands shall
be emphasized so as to ensure their continuity in productive condition.
Section 3
Definitions
a. Public forest is the mass of lands of the public domain which has
not been the subject of the present system of classification for the
determination of which lands are needed for forest purposes and which
are not.
b. Permanent forest or forest reserves refer to those lands of the
public domain which have been the subject of the present system of
classification and determined to be needed for forest purposes.
c. Alienable and disposable lands refer to those lands of the public
domain which have been the subject of the present system of
classification and declared as not needed for forest purposes.
d. Forest lands include the public forest, the permanent forest or
forest reserves, and forest reservations.
e. Grazing land refers to that portion of the public domain which has
been set aside, in view of the suitability of its topography and
vegetation, for the raising of livestock.
f. Mineral lands refer to those lands of the public domain which have
been classified as such by the Secretary of Natural Resources in
accordance with prescribed and approved criteria, guidelines and
procedure.
g. Forest reservations refer to forest lands which have been reserved
by the President of the Philippines for any specific purpose or
purposes.
h. National park refers to a forest land reservation essentially of
primitive or wilderness character which has been withdrawn from
settlement or occupancy and set aside as such exclusively to preserve
the scenery, the natural and historic objects and the wild animals or
plants therein, and to provide enjoyment of these features in such a
manner as will leave them unimpaired for future generations.
i. Game refuge or bird sanctuary refers to a forest land designated for
the protection of game animals, birds and fishes and closed to hunting
and fishing in order that the excess population may flow and restock
surrounding areas.
j. Marine park refers to any public offshore area delimited as habitat
of rare and unique species of marine flora and fauna.
k. Seashore park refers to any public shore area delimited for outdoor
recreation, sports fishing, water skiing and related healthful
activities.
l. Watershed reservation is a forest land reservation established to
protect or improve the conditions of the water yield thereof or reduce
sedimentation.
m. Watershed is a land area drained by a stream or fixed body of water
and its tributaries having a common outlet for surface run-off.
n. Critical watershed is a drainage area of a river system supporting
existing and proposed hydro-electric power, irrigation works or domestic
water facilities needing immediate protection or rehabilitation.
o. Mangrove is a term applied to the type of forest occurring on tidal
flat along the sea coast, extending along stream where the water is
brackish.
p. Kaingin refers to a portion of the forest land which is subjected to
shifting and/or permanent slash-and-burn cultivation.
q. Forest product means, timber, pulpwood, firewood, bark, tree top,
resin, gum, wood, oil, honey beeswax, nipa, rattan, or other forest
growth such as grass, shrub, and flowering plant, the associated water,
fish, game, scenic, historical, recreational and geologic resources in
forest lands.
r. Dipterocarp forest is a forest dominated by trees of the dipterocarp

species, such as red lauan, tanguile, tiaong, white lauan, almon,
bagtikan and mayapis of the Philippine mahogany, group, apitong and the
yakals.
s. Pine forest is a forest type predominantly of pine trees.
t. Industrial tree plantation refers to any forest land extensively
planted to tree crops primarily to supply raw material requirements of
existing or proposed wood processing plants and related industries.
u. Tree farm refers to any small forest land or tract of land purposely
planted to tree crops.
v. Agro-forestry is a sustainable management for land which increases
overall production, combines agricultural crops, tree and forest plants
and/or animals simultaneously or sequentially, and applies management
practices which are compatible with the cultural patterns of the local
population.
w. Multiple-use is the harmonized utilization of the land, soil, water,
wildlife, recreation value, grass and timber of forest lands.
x. Selective logging is the systematic removal of the mature, overmature and defective trees in such manner as to leave adequate number
and volume of healthy residual trees of the desired species necessary to
assure a future crop of timber, and forest cover for the protection and
conservation of soil; water and wildlife.
y. Seed tree system is a silvicultural system characterized by partial
clearcutting leaving seed trees to regenerate the area.
z. Healthy residual refers to a sound or slightly injured tree of the
commercial species left after logging.
aa.
Sustained-yield
management
implies
continuous
or
periodic
production of forest products in a working unit for the purpose of
achieving at the earliest practicable time an approximate balance
between growth and harvest or use. This is generally applied to the
commercial timber resources and is also applicable to the water, grass,
wildlife, and other renewable resources of the forest.
bb.
Processing plant is any mechanical setup, device, machine or
combination of machines used for the conversion of logs and other
forest raw materials into lumber, veneer, plywood, fiberboard,
blackboard, paper board, pulp, paper or other finished wood products.
cc. Lease is a privilege granted by the State to a person to occupy
and possess, in consideration of specified rental, any forest land of
the public domain in order to undertake any authorized activity
therein.
dd. License is a privilege granted by the State to a person to utilize
forest resources within any forest land, without any right of occupation
and possession over the same, to the exclusion of others, or establish
and operate a wood-processing plant, or conduct any activity involving

the utilization of any forest resources.
ee. License agreement is a privilege granted by the State to a person
to utilize forest resources within any forest land with the right of
possession and occupation thereof to the exclusion of others, except the
government, but with the corresponding obligation to develop, protect
and rehabilitate the same in accordance with the terms and conditions
set forth in said agreement.
ff. Permit is short-term privilege or authority granted by the State to
a person to utilize any limited forest resources or undertake a limited
activity within any forest land without any right to occupation and
possession therein.
gg. Annual allowable cut is the volume of materials, whether of wood or
other forest products, that is authorized to be cut yearly from a
forest.
hh. Cutting cycle is the number of years between two major harvests in
the same working unit and/or region.
ii. Forest ecosystem refers to the living and non-living components of
a forest and their inter-action.
jj. Silviculture is the establishment, development, reproduction and
care of forest trees.
kk. Rationalization is the organization of a business or industry using
management principles, systems and procedures to attain stability,
efficiency and profitability of operation.
ll. Forest officer means any official or employee of the Bureau who has
been appointed or delegated by law or by competent authority to execute,
implement or enforce the provisions of this Code, other related laws, as
well as their implementing regulations.
mm. Private right means or refers to titled rights of ownership under
existing laws, and in the case of national minority to rights or
possession existing at the time a license is granted under this Code,
which possession may include places of abode and worship, burial
grounds, and old clearings, but exclude productive forest inclusive of
logged-over areas, commercial forests and established plantations of
forest trees and trees of economic values.
nn. Person includes natural as well as juridical person. [As amended
by PD No. 1559]
CHAPTER I
ORGANIZATION AND JURISDICTION OF THE BUREAU
Section 4
Creation of and Merger of All Forestry Agencies Into, the Bureau of
Forest Development
For the purpose of implementing the provisions of this Code, the Bureau
of Forestry, the Reforestation Administration, the Southern Cebu
Reforestation Development Project, and the Parks and Wildlife Office,
including applicable appropriations, records, equipment, property and
such personnel as may be necessary, are hereby merged into single agency
to be known as the Bureau of Forest Development, hereinafter referred to
as the Bureau.
Section 5
Jurisdiction of Bureau
The Bureau shall have jurisdiction and authority over all forest land,
grazing lands, and all forest reservations including watershed
reservations presently administered by other government agencies or
instrumentalities.
It shall be responsible for the protection, development, management,
regeneration and reforestation of forest lands; the regulation and
supervision of the operation of licensees, lessees and permittees for
the taking or use of forest products therefrom or the occupancy or use
thereof; the implementation of multiple use and sustained yield
management in forest lands; the protection, development and preservation
of national parks, marine parks, game refuges and wildlife; the
implementation of measures and programs to prevent kaingin and managed
occupancy of forest and grazing lands; in collaboration with other
bureaus, the effective, efficient and economic classification of lands
of the public domain; and the enforcement of forestry, reforestation,
parks, game and wildlife laws, rules and regulations.
The Bureau shall regulate the establishment and operation of sawmills,
veneer and plywood mills and other wood processing plants and conduct
studies of domestic and world markets of forest products.
Section 6
Director and Assistant Director
and Their Qualifications
The Bureau shall be headed by a Director who shall be assisted by one or
more Assistant Directors. The Director and Assistant Directors shall be
appointed by the President.
No person shall be appointed Director or Assistant Director of the
Bureau unless he is a natural born citizen of the Philippines, at least
30 years of age, a holder of at least a Bachelors Degree in Forestry or
its equivalent, and a registered forester.
Section 7
Supervision and Control
The Bureau shall be directly under the control and supervision of the
Secretary of the Department of Natural Resources, hereinafter referred
to as the Department Head.
Section 8
Review
All actions and decisions of the Director are subject to review, motu
proprio or upon appeal of any person aggrieved thereby, by the
Department Head whose decision shall be final and executory after the
lapse of thirty (30) days from receipt by the aggrieved party of said
decision, unless appealed to the President in accordance with Executive
Order No. 19, series of 1966. The Decision of the Department Head may
not be reviewed by the courts except through a special civil action for
certiorari or prohibition.
Section 9
Rules and Regulations
The Department Head, upon the recommendation of the Director of Forest
Development, shall promulgate the rules and regulations necessary to
implement effectively the provisions of this Code.
Section 10
Creation of Functional Divisions,
and Regional and District Offices
All positions in the merged agencies are considered vacant. Present
occupants may be appointed in accordance with a staffing pattern or plan
or organization to be prepared by the Director and approved by the
Department Head. Any appointee who fails to report for duty in
accordance with the approved plan within thirty (30) days upon receipt
of notification shall be deemed to have declined the appointment, in
which case the position may be filed by any other qualified applicant.
For the efficient and effective implementation of the program of the
Bureau, the following divisions and sections are hereby created, to
wit:
Divisions
Planning and
Evaluation
Division
Sections
Program Planning;
Performance
Evaluation;
Forest Economics;
Management
Analysis Data &
Information
Administrative Personnel;
Division
Budget;
Accounting;
Information;
General Services
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Legal Division
Reforestation
and
Afforestation
Division
Cooperative
Planting;
Planting Stock
Production;
Plantation
Management
Timber
Forest Surveys,
Management
Data & Mapping;
Division
Silviculture;
Timber Inventory
& PhotoInterpretation;
Timber Management
Plans; Land
Classification
Utilization
Timber
Division
Operations; Land
Uses; Utilization
Forest
Forest
Protection and Protection;
Infrastructure Forest Occupancy
Management;
Watershed
Management;
Infrastructure
Parks,
Parks Management;
Wildlife
Recreation
Division
Management;
Wildlife
Management; Range
Management
Security and
Intelligence
Division
Forest
Technical
Development
Training; NonTraining
Technical
Center
Training
The Department Head may, upon recommendation of the Director, reorganize
or create such other divisions, sections or units as may be deemed
necessary and to appoint the personnel there; Provided, That an employee
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appointed or designated as officer-in-charge of a newly created

division, section or unit, or to an existing vacant position with a
higher salary, shall receive, from the date of such appointment or
designation until he is replaced or reverted to his original position,
the salary corresponding to the position temporarily held by him.
There shall be created at least eleven regional offices. In each region,
there shall be as many forest districts as may be necessary, in
accordance with the extent of forest area, established work loads, need
for forest protection, fire prevention and other factors, the provisions
of any law to the contrary notwithstanding: Provided, That the
boundaries of such districts shall follow, whenever possible, natural
boundaries of watersheds under the river-basin concept of management.
Section 11
Manpower and Policy Development
The Bureau shall establish and operate an in-service training center for
the purpose of upgrading and training its personnel and new employees.
The Bureau shall also set aside adequate funds to enable personnel to
obtain specialized education and training in local or foreign colleges
or institutions.
There shall be established in the College of Forestry, University of the
Philippines at Los Baos, in coordination with the Department of Natural
Resources and the wood industry, a Forestry Development Center which
shall conduct basic policy researches in forestry policy formulation and
implementation. To help defray the cost of operating said Center, it is
authorized to receive assistance from the wood industry and other
sources. [As amended by PD No. 1559]
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Section 12
Performance Evaluation
The Bureau shall devise a system, to be approved by the Department Head,
to evaluate the performance of its employees. The system shall measure
accomplishment in quantity and quality of performance as related to the
funded program of work assigned to each organizational unit. There shall
be included a system of periodic inspection of district offices by the
regional offices and the regional and district offices by the Central
Office in both functional fields and in the overall assessment of how
each administrative unit has implemented the laws, regulations,
policies, programs, and practices relevant to such unit. The evaluation
system shall provide the information necessary for annual progress
reports and determination of employee training, civil service awards and
transfer or disciplinary action.
CHAPTER II
CLASSIFICATION AND SURVEY
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Section 13
System of Land Classification
The Department Head shall study, devise, determine and prescribe the
criteria, guidelines and methods for the proper and accurate
classification and survey of all lands of the public domain into
agricultural, industrial or commercial, residential, resettlement,
mineral, timber or forest, and grazing lands, and into such other
classes as now or may hereafter be provided by law, rules and
regulations.
In the meantime, the Department Head shall simplify through inter-bureau
action the present system of determining which of the unclassified lands
of the public domain are needed for forest purposes and declare them as
permanent forest to form part of the forest reserves. He shall declare
those classified and determined not to be needed for forest purposes as
alienable and disposable lands, the administrative jurisdiction and
management of which shall be transferred to the Bureau of Lands:
Provided, That mangrove and other swamps not needed for shore protection
and suitable for fishpond purposes shall be released to, and be placed
under the administrative jurisdiction and management of, the Bureau of
Fisheries and Aquatic Resources. Those still to be classified under the
present system shall continue to remain as part of the public forest.
Section 14
Existing Pasture Leases in Forest Lands
Forest lands which are not reservations and which are the subject of
pasture leases shall be classified as grazing lands and areas covered by
pasture permits shall remain forest lands until otherwise classified
under the criteria, guidelines and methods of classification to be
prescribed by the Department Head: Provided, That the administration,
management and disposition of grazing lands shall remain under the
Bureau. [As amended by PD No. 1559]
Section 15
Topography
No land of the public domain eighteen per cent (18%) in slope or over
shall be classified as alienable and disposable, nor any forest land
fifty per cent (50%) in slope or over, as grazing land.
Lands eighteen percent (18%) in slope or over which have already been
declared as alienable and disposable shall be reverted to the
classification of forest lands by the Department Head, to form part of
the forest reserves, unless they are already covered by existing titles
approved public land application, or actually occupied openly,
continuously, adversely and publicly for a period of not less than
thirty (30) years as of the effectivity of this Code, where the occupant
is qualified for a free patent under the Public Land Act: Provided, That
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said lands, which are not yet part of a well-established communities,

shall be kept in a vegetative condition sufficient to prevent erosion
and adverse effects on the lowlands and streams: Provided, further, That
when public interest so requires, steps shall be taken to expropriate,
cancel defective titles, reject public land application, or eject
occupants thereof.
Section 16
Areas Needed for Forest Purposes
The following lands, even if they are below eighteen percent (18%) in
slope, are needed for forest purposes, and may not, therefore, be
classified as alienable and disposable land, to wit:
1.
Areas less than 250 hectares which are far from, or are not
contiguous with any certified alienable and disposable land;
2. Isolated patches of forest of at least five (5) hectares with rocky
terrain, or which protect a spring for communal use;
3. Areas which have already been reforested;
4. Areas within forest concessions which are timbered or have good
residual stocking to support an existing, or approved to be established,
wood processing plant;
5.
Ridge tops and plateaus regardless of size found within, or
surrounded wholly or partly by, forest lands where headwaters emanate;
6. Appropriately located road-rights-of-way;
7.
Twenty-meter strips of land along the edge of the normal high
waterline of rivers and streams with channels of at least five (5)
meters wide;
8. Strips of mangrove or swamplands at least twenty (20) meters wide,
along shorelines facing oceans, lakes, and other bodies of water, and
strips of land at least twenty (20) meters wide facing lakes;
9. Areas needed for other purposes, such as national parks, national
historical sites, game refuges and wildlife sanctuaries, forest station
sites, and others of public interest; and
10. Areas previously proclaimed by the President as forest reserves,
national parks, game refuge, bird sanctuaries, national shrines,
national historic sites:
Provided, That in case an area falling under any of the foregoing
categories shall have been titled in favor of any person, steps shall be
taken, if public interest so requires, to have said title canceled or
amended, or the titled area expropriated. .
Section 17
Establishment of Boundaries of Forest Lands
All boundaries between permanent forests and alienable or disposable
lands shall be clearly marked and maintained on the ground, with
infrastructure or roads, or concrete monuments at intervals of not more
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than five hundred (500) meters in accordance with established procedures

and standards, or any other visible and practicable signs to insure
protection of the forest.
In all cases of boundary conflicts, reference shall be made to the
Philippine Coast and Geodetic Survey Topo map. [As amended by PD No.
1559]
Section 18
Reservations in Forest Lands and Off-Shore Areas
The President of the Philippines may establish within any lands of the
public domain, forest reserve and forest reservation for the national
park system, for preservation as critical watersheds, or for any other
purpose, and modify boundaries of existing ones. The Department Head may
reserve and establish any portion of the public forest or forest reserve
as site or experimental forest for use of the Forest Research Institute.
When public interest so requires, any off-shore area needed for the
preservation and protection of its educational, scientific, historical,
ecological and recreational values including the marine life found
therein, shall be established as marine parks.
CHAPTER III
UTILIZATION AND MANAGEMENT
Section 19
Multiple Use
The numerous beneficial uses of the timber, land, soil, water, wildlife,
grass and recreation or aesthetic value of forest lands and grazing
lands shall be evaluated and weighted before allowing their utilization,
exploitation, occupation or possession thereof, or the conduct of any
activity therein. Only the utilization, exploitation, occupation or
possession of any forest lands and grazing lands, or any activity
therein, involving one or more of its resources, which will produce the
optimum benefits to the development and progress of the country, and the
public welfare, without impairment or with the least injury to its
resources, shall be allowed.
All forest reservations may be open to development or uses not
inconsistent with the principal objectives of the reservation; Provided,
That critical watersheds, national parks and established experimental
forests shall not be subject to commercial logging or grazing
operations, and game refuges, bird sanctuaries, marine and seashore
parks shall not be subject to hunting or fishing and other activities of
commercial nature. [As amended by PD No. 1559]
Section 20
License Agreement, License, Lease or Permit
No person may utilize, exploit, occupy, possess or conduct any activity
within any forest and grazing land, or establish, install, add and
15
operate any wood or forest products processing plant, unless he had been
authorized to do under a license agreement, license, lease or permit:
Provided, That when the national interest so requires, the President may
amend, modify, replace, or rescind any contract, concession, permit,
license, or any other form of privilege granted herein: Provided,
further, That upon the recommendation of the appropriate government
agency, the President may, pending the conduct of appropriate hearing,
order the summary suspension of any such contract, concession, license,
permit, lease or privilege granted under this decree for violation of
any of the conditions therein such as those pertaining but not limited
to reforestation, pollution, environment protection, export limitation
or such condition as are prescribed by the Department of Natural
Resources in daily issued regulations.[As amended by PD No. 1559]
Section 21
Sustained Yield
All measures shall be taken to achieve an approximate balance between
growth and harvest or use of forest products in forest lands.
A.
Timber
Section 22
Silvicultural and Harvesting Systems
In any logging operations in production forests within forest lands, the
proper silvicultural and harvesting system that will promote optimum
sustained yield shall be practiced, to wit:
a.
For dipterocarp forest, selective logging with enrichment or
supplemental planting when necessary.
b. For pine or mangrove forest, the seed tree system with planting when
necessary: Provided, That subject to the approval of the Department
Head, upon recommendation of the Director, any silvicultural and
harvesting system that may be found suitable as a result of research may
be adopted: Provided, further, That no authorized person shall cut,
harvest or gather any timber, pulp-wood, or other products of logging
unless he plants three times of the same variety for every tree cut or
destroyed by such logging or removal of logs. Any violation of this
provision shall be sufficient ground for the immediate cancellation of
the license, agreement, lease or permit. [As amended by PD No. 1559]
Section 23
Timber Inventory
The Bureau shall conduct a program of progressive inventories of the
harvestable timber and young trees in all forest lands, whether covered
by any license agreement, license, lease or permit, or not, until a one
hundred percent (100%) timber inventory thereon has been achieved.
16
Section 24
Required Inventory Prior to
Timber Utilization in Forest Lands
No harvest of timber in any forest land shall be allowed unless it has
been the subject of at least a five per cent (5%) timber inventory, or
any statistically sound timber estimate, made not earlier than five (5)
years prior to the issuance of a license agreement or license allowing
such utilization.
Section 25
Cutting Cycle
The Bureau shall apply scientific cutting cycle and rotation in all
forest lands, giving particular consideration to the age, volume and
kind of healthy residual trees which may be left undisturbed and
undamaged for future harvest and forest cover in dipterocarp area, and
seed trees and reproduction in pine area.
Section 26
Annual Allowable Cut
The annual allowable cut or harvest of any particular forest land under
a license agreement, license, lease or permit shall be determined on the
basis of the size of the area, the volume and kind of harvestable timber
or forest products and healthy residuals, seed trees and reproduction
found therein, and the established cutting cycle and rotation thereof.
No person shall cut, harvest and gather any particular timber, pulpwood,
firewood and other forest products unless he has been authorized under
Section 20 hereof to do so and the particular annual allowable cut
thereof has been granted.
In the public interest and in accordance with Section 21 hereof, the
Department Head shall review all existing annual allowable cut and
thereupon shall prescribe the level of annual allowable cut for the
common dipterocarp timber, softwood and hardwood timber cutting of which
is not prohibited, pulpwood, firewood and other forest products using as
bases the factors as well as the updated aerial photographs and field
inventories of such forest land: Provided, That pending the completion
of such review and appropriate amendment of the annual allowable cut in
existing license agreement, license, lease or permit existing annual
allowable cut that not sufficiently supports wood or forest products
processing plant or that will support duly approved processing expansion
program or new processing projects may be allowed to continue without
change: Provided, further, That no additional or adjustment in annual
allowable cut shall be made until after such a review has been
made. [As amended by PD No. 1559]
17
Section 27
Duration of License Agreement or License to Harvest Timber in Forest
Lands
The duration of the privilege to harvest timber in any particular forest
land under a license agreement or license shall be fixed and determined
in accordance with the annual allowable cut therein, the established
cutting cycle thereof, the yield capacity of harvestable timber, and the
capacity of healthy residuals for a second growth.
The privilege shall automatically terminate, even before the expiration
of the license agreement of license, the moment the harvestable timber
have been utilized without leaving any logged-over area capable of
commercial utilization.
The maximum period of any privilege to harvest timber is twenty-five
(25) years, renewable for a period, not exceeding twenty-five (25)
years, necessary to utilize all the remaining commercial quantity or
harvestable timber either from the unlogged or logged-over area.
It shall be a condition for the continued privilege to harvest timber
under any license or license agreement that the licensee shall reforest
all the areas which shall be determined by the Bureau.
Section 28
Size of Forest Concessions
Forest lands shall not be held in perpetuity.
The size of the forest lands which may be the subject of timber
utilization shall be limited to that which a person may effectively
utilize and develop for a period of fifty (50) years, considering the
cutting cycle, the past performance of the applicant and his capacity
not only to utilize but, more importantly, to protect and manage the
whole area, and the requirements of processing plants existing or to be
installed in the region.
Forest concessions which had been the subject of consolidations shall be
reviewed
and
re-evaluated
for
the
effective
implementation
of
protection, reforestation and management thereof under the multiple use
and sustained yield concepts, and for the processing locally of the
timber resources therefrom.
B.
Wood-Processing
Section 29
Incentives to the Wood Industry
The Department Head, in collaboration with other government agencies and
the wood industry associations and other private entities in the
country, shall evolve incentives for the establishment of an integrated
wood industry in designated wood industry centers and/or economic area.
18
The President of the Philippines, upon the recommendations of the

National Economic Development Authority and the Department Head, may
establish wood industry import-export centers in selected locations:
Provided, That logs imported for such centers shall be subject to such
precaution as may be imposed by the Bureau, in collaboration with proper
government agencies, to prevent the introduction of pests, insects
and/or diseases detrimental to the forests.
Section 30
Rationalization of the Wood
or Forest Products Industry
While the expansion and integration of existing wood or forest products
processing plants, as well as the establishment of new processing plants
shall be encouraged, their locations and operations shall be regulated
in order to rationalize the whole industry.
No expansion or integration of existing processing plant nor
establishment of new processing plant shall be allowed unless
environmental considerations are taken into account and adequate raw
material supply on a sustained-yield basis is assured.
A long-term assurance of raw material source from forest concessions
and/or from industrial tree plantations, tree farms or agro-forest farms
whose annual allowable cut and/or whose harvest is deemed sufficient to
meet the requirement of such processing plant shall govern, among
others, the grant of the privilege to establish, install additional
capacity or operate a processing plant.
Henceforth within one year from the date of this law, as a condition to
exercise of the privileges granted them under a license agreement,
license. lease or permit, wood or forest products processors without
forest concessions or areas that may be developed into industrial tree
plantations, tree farms or agro-forest farms and licensees, lessees or
permittees without processing plants shall jointly adopt any feasible
scheme or schemes, other than log supply contract, for the approval of
the Department Head, Provided, That no license agreement, license, lease
or permit including processing plant permit, shall be granted or renewed
unless said scheme or schemes are submitted to, and approved by, the
Department Head.
All processing plants existing, to be expanded, to be integrated or to
be established shall obtain operating permits, licenses and/or approval
from the Bureau or the Department, as the case may be, and shall submit
themselves to other regulations related to their operation.
The Department Head may cancel, suspend, or phaseout all inefficient,
wasteful, uneconomical or perennially short in raw material wood or
forest products processing plants which are not responsive to the
rationalization program of the government. [As amended by PD No. 1569]
19
Section 31
Wood Wastes, Weed Trees and Residues
Timber licensees shall be encouraged and assisted to gather and save the
wood wastes and weed trees in their concessions, and those with
processing plants, the wood residues thereof, for utilization and
conversion into wood by-products and derivatives.
Section 32
Log Production and Processing
Unless otherwise directed by the President, upon recommendation of the
Department Head, the entire production of logs by all timber licensees
shall, beginning January 1, 1976 be processed locally: Provided, That
the following conditions must be complied with by those who apply be
allowed to export a portion of their log production to be determined by
the Department Head such that the total log export of these timber
licensees shall not exceed twenty-five percent (25%) of the total
national allowable cut:
1. Timber licensees with existing viable processing plants; or
2.
Timber licensees with processing projects duly approved by the
Department Head; or
3. Timber licensees who have acquired viable processing machinery and
equipment which will be installed and will become operational in
accordance with the schedule approved by the Department Head; and
4.
Timber licensees whose log export support or are in line with,
government-approved trade agreement.
Provided, further, That no person shall be given a permit to export if he
has not complied with the requirements on replanting and reforestation.
Provided, That the President may, upon recommendation of the Department
Head, whenever the export price of logs falls to unreasonably low level
or whenever public interest so requires, cancel log exportation or
reduce the maximum allowable proportion for log exports.
All timber licensees who have no processing plant and who have no plan
to establish the same shall, jointly with wood processors, adopt a
scheme or schemes for the processing of the log production in accordance
with Section 30 hereof.[As amended by PD No. 865, and by PD No. 1559]
C.
Reforestation
Section 33
Lands to be Reforested and/or Afforested
Lands to be reforested and/or afforested are as follows:
a.
Public
forest
lands:
chanrobles virtualawlibrary
b.
Bare
or
grass-covered
tracts
of
forest
lands;
20
c. Brushlands or tracts of forest lands generally covered with brush,

which
need
to
be
developed
to
increase
their
productivity;
d.
Open tracts of forest lands interspersed with patches of forest;
e. Denuded or inadequately timbered areas proclaimed by, the President

as forest reserves and reservations as critical watersheds, national
parks, game refuge, bird sanctuaries, national shrines, national
historic
sites;
f.
Inadequately-stock
forest
lands
within
forest
concessions;
g.
Portions of areas covered by pasture leases or permits needing
immediate
reforestation;
h. River banks, easements, road right-of-ways, deltas, swamps, former
river
beds,
and
beaches.
i.
Private
Lands:
j. Portions of private lands required to be reforested or planted to

trees pursuant to Presidential Decree Nos. 953 and 1153 and other
existing laws. [As amended by PD No. 1559. PD 1153 repealed by EO No.
287, s. 1987]
Section 34
Industrial Tree Plantations, Tree Farms and Agro-Forestry Farms
A lease for a period of fifty (50) years for the establishment of an
industrial tree plantations, tree farm or agro-forestry farm, may be
granted by the Department Head, upon recommendation of the Director, to
any person qualified to develop and exploit natural resources, over
timber or forest lands of the public domain categorized in Section 33(1)
hereof except those under paragraphs d and g with a minimum area of one
hundred (100) hectares for industrial tree plantations and agro-forestry
farms and ten (10) hectares for tree farms: Provided, That the size of
the area that may be granted under each category shall, in each case,
depend upon the capability of the lessee to develop or convert the area
into productive condition within the term of the lease.
The lease may be granted under such terms and conditions as the
Department Head may prescribe, taking into account, among others, the
raw material needs of forest based and other industries and the
maintenance of a wholesome ecological balance.
Trees and other products raised within the industrial tree plantation,
tree farm or agro-forestry farm belong to the lessee who shall have the
21
right to sell, contract, convey, or dispose of said planted trees and

other products in any manner he sees fit, in accordance with existing
laws, rules and regulations.
Reforestation projects of the Government, or portion thereof, which,
upon field evaluation, are found to be more suitable for, or can better
be developed as industrial tree plantations, tree farms or agro-forestry
farms, in terms of benefits to the Government and the general
surrounding area, may be the subject of a lease under this Section. [As
amended by PD No. 1559]
Section 35
Property
Over any suitable area covered by a timber license agreement or permit,
the priority to establish industrial tree plantation, tree farms or
agro-forestry farm shall be given to the holder thereof after the Bureau
had determined the suitability of such area and has set aside the same
for the purpose.
The priority herein granted must, however, be availed of within a
reasonable period otherwise the area shall be declared open to any
qualified person and consequently segregated from the licensees or
permittees area.
Priority shall also be given to the establishment of communal industrial
tree
plantations
by
barangays,
municipalities
or
cities
and
provinces. [As amended by PD No. 1559]
Section 36
Incentives
To encourage qualified persons to engage in industrial tree plantation,
tree farm and/or agro-forest farm, the following incentives are
granted:
a.
Payment of a nominal filing fee of fifty centavos (P0.50) per
hectare;
b. No rental shall be collected during the first five (5) years from
the date of the lease, from the sixth year to the tenth year, the annual
rental shall be fifty centavos (P0.50) per hectare; and thereafter, the
annual rental shall be one peso (P 1.00) per hectare: Provided, That
lessees of areas long denuded, as certified by the Director and approved
by the Department Head, shall be exempted from the payment of rental for
the full term of the lease which shall not exceed twenty-five (25)
years; for the first five (5)-years following the renewal of the lease,
the annual rental shall be fifty centavos (P0.50) per hectare; and
thereafter, the annual rental shall be one peso (P1.00) per hectare:
Provided, further, That notwithstanding the foregoing, no rental shall
be collected from a lessee who, upon verification by the Bureau,
substantially meets the schedule of development of the industrial tree
22
plantation, the tree farm, or agro-forestry farm, as the case may be, as
prescribed in the development plan submitted to, and approved by the
Department Head, upon recommendation of the Director;
c. The forest charges payable by a lessee on the timber and other
forest products grown and cut or gathered in an industrial tree
plantation, tree farm, or agro-forestry farm shall only be twenty-five
percent (25%) of the regular forest charges prescribed in the National
Internal Revenue Code;
d. Exemption from the payment of the percentage tax levied in Title V
of the National Internal Revenue Code when the timber and forest
products are sold, bartered or exchanged by the lessee, whether in their
original state or not, as well as exemption from all forms of sales tax,
local and municipal taxes, and from the real property tax under the
provisions of Presidential Decree No. 853;
e. A lessee shall not be subject to any obligation prescribed in, or
arising out of, the provisions of the National Internal Revenue Code on
withholding of tax at source upon interest paid on borrowing incurred
for development and operation of the industrial tree plantation, tree
farm, or agro-forestry farm;
f.
Except when public interest demands, the boundaries of an area
covered by an industrial tree plantation, tree farm, or agro-forestry
farm lease, once established on the ground, shall not be altered or
modified;
g. Amounts expended by a lessee in the development and operation of an
industrial tree plantation, tree farm, or agro-forestry farm prior to
the time when the production state is reached, may, at the option of the
lessee, be regarded as ordinary and necessary business expenses or as
capital expenditures;
h.
The Board of Investments shall, notwithstanding its nationality
requirement on projects involving natural resources, classify industrial
tree plantations, tree farms and agro-forestry farms as pioneer areas of
investment under its annual priority plan, to be governed by the rules
and regulations of said Board;
In addition to the incentives under this section, private landowners
who engage in tree farming on areas fifty hectares or below by
planting their lands with Ipil-ipil and other fast growing trees shall
be exempt from the inventory requirement and other requirements before
harvest as provided in this Decree for lessees of forest lands of the
public domain: Provided, That the transport of trees cut shall be
accompanied by the corresponding certificate of origin duly issued by
the authorized forest officer. [As added by BP Blg. 701, approved
April 5, 1984]
23
i.
Approved industrial tree plantations, tree farms, and agroforestry farms shall be given priority in securing credit assistance
from the government and government-supported financing institutions
which shall set aside adequate funds for lending to the lessee and/or
investor at reasonable interest rates;
j. The lessee and its field employees and workers shall be exempted
from the provisions of Presidential Decree No. 1153;
k. Government institutions administering or financing programs and
projects requiring wood materials shall specify the purchase of, or
utilize, manufactured products derived from trees grown and harvested
from industrial tree plantations, tree farms or agro-forestry farms,
whenever possible;
l. No wood, wood products or wood-derivated products including pulp
paper, paperboard shall be imported if the same are available in
required quantities and reasonable prices, as may be certified by the
Department Head, from artificial or man-made forests, or local
processing plants manufacturing the same;
m.
No processing plant of whatever nature or type, made of or
utilization, as primary materials shall be allowed to be established,
expanded or integrated, and operated without a long-term assurance or
raw materials source from forest concessions and/or from industrial
tree plantations, tree farms or agro-forestry farms in accordance with
Section 30 hereof;
n. Timber grown and harvested from industrial tree plantations, tree
farms and agro-forestry farms may be exported without restriction in
quantity or volume, and if the exporter is the same person or firm
qualified and allowed to export logs under the provisions of this
Decree, such timber from plantations/farms may be exported exclusive
of the quantity or volume authorized under Section 32 hereof:
Provided, That the rentals on the forest land and the forest charges
on the plantation timber shall have been paid: Provided, further, That
the export of the plantation timber shall be covered by a certificate
to export issued by the Department Head on a yearly basis: Provided,
finally, That the Department Head may at any time review the
exportation of timber harvested from the plantations/farms and either
reduce or totally suspend the export of such plantation timber
whenever public interest so requires; and
o.
Free technical advice from government foresters and farm
technicians.
The Department Head may provide other incentives in addition to those
hereinafter granted to promote industrial tree plantations, tree farms
and agro-forestry farms in special areas such as, but not limited to,
those where there are no roads or where e roads are inadequate, or areas
24
with rough topography and remote areas far from processing plants. [As
amended by PD No. 1559]
D.
Forest Protection
Section 37
Protection of All Resources
All measures shall be taken to protect the forest resources from
destruction, impairment and depletion.
Section 38
Control of Concession Area
In order to achieve the effective protection of the forest lands and the
resources thereof from illegal entry, unlawful occupation, kaingin,
fire, insect infestation, theft, and other forms of forest destruction,
the utilization of timber therein shall not be allowed except through
license agreements under which the holders thereof shall have the
exclusive privilege to cut all the allowable harvestable timber in their
respective concessions, and the additional right of occupation,
possession, and control over the same, to the exclusive of all others,
except the government, but with the corresponding obligation to adopt
all the protection and conservation measures to ensure the continuity of
the productive condition of said areas, conformably with multiple use
and sustained yield management.
If the holder of a license agreement over a forest area expressly or
impliedly waives the privilege to utilize any softwood, hardwood or
mangrove species therein, a license may be issued to another person for
the harvest thereof without any right of possession or occupation over
the areas where they are found, but he shall, likewise, adopt protection
and conservation measures consistent with those adopted by the license
agreement holder in the said areas.
Section 39
Regulation of Timber Utilization in All Other Classes of Lands and of
Processing Plants
The utilization of timber in alienable and disposable lands, private
lands, civil reserve preservations, and all lands containing standing or
felled timber including those under the jurisdiction of other government
agencies, and the establishment and operation of sawmills and other
wood-processing plants, shall be regulated in order to prevent them from
being used as shelters for excessive and unauthorized harvests in forest
lands, and shall not therefore be allowed except through a license
agreement, license, lease or permit.
Section 40
Timber Inventory in Other Lands Containing Standing or Felled Timber
25
The Bureau shall conduct a one hundred percent (100%) timber inventory
in alienable and disposable lands and civil reservations immediately
upon classification or reservation thereof.
No harvest of standing or felled timber in alienable and disposable
lands, private lands, civil reservation, and all other lands, including
those under the jurisdiction of other government agencies, shall be
allowed unless a one hundred percent (100%) timber inventory has been
conducted thereon.
Section 41
Sworn Timber Inventory Reports
All reports on timber inventories of forest lands, alienable and
disposable lands, private lands, civil reservations, and all lands
containing standing or felled timber must be subscribed and sworn to by
all the forest officers who conducted the same.
Section 42
Participation in the Development of Alienable and Disposable Lands and
Civil Reservations
The privilege to harvest timber in alienable and disposable lands and
civil reservations shall be given to those who can best help in the
delineation and development of such areas in accordance with the
management plan of the appropriate government exercising jurisdiction
over the same.
The extent of participation shall be based on the amount of timber which
may be harvested therefrom.
Section 43
Swamplands and Mangrove Forests
Strips of mangrove forest bordering numerous islands which protect the
shoreline, the shoreline roads, and even coastal communities from the
destructive force of the sea during high winds and typhoons, shall be
maintained and shall not be alienated. Such strips must be kept from
artificial obstruction so that flood water will flow unimpeded to the
sea to avoid flooding or inundation of cultivated areas in the upstream.
All mangrove swamps set aside for coast-protection purposes shall not be
subject to clear-cutting operation.
Mangrove and other swamps released to the Bureau of Fisheries and
Aquatic Resources for fishpond purposes which are not utilized, or which
have been abandoned for five (5) years from the date of such release
shall revert to the category of forest land.
Section 44
Visitorial Power
The Department Head may, by himself or thru the Director or any
qualified person duly designated by the Department Head, investigate,
inspect and examine records, books and other documents relating to the
26
operation of any holder of a license agreement, license, lease, or

permit, and its subsidiary or affiliated companies to determine
compliance with the terms and conditions thereof, this Code and
pertinent laws, policies, rules and regulations.
Section 45
Authority of Forest Officers
When in the performance of their official duties, forest officers, or
other government officials or employees duly authorized by the
Department Head or Director, shall have free entry into areas covered by
a license agreement, license, lease or permit.
Forest
officers
are
authorized
to
administer
oath
and
take
acknowledgment in official matters connected with the functions of their
office, and to take testimony in official investigations conducted under
the authority of this Code and the implementing rules and regulations.
Section 46
Scaling Stations
In collaboration with appropriate government agencies, the Bureau shall
establish control or scaling stations at suitably located outlets of
timber and other forest products to insure that they were legally cut or
harvested.
Section 47
Mining Operations
Mining operations in forest lands shall be regulated and conducted with
due regard to protection, development and utilization of other surface
resources.
Location, prospecting, exploration, utilization or exploitation of
mineral resources in forest reservations shall be governed by Mining
laws, rules and regulations. No location, prospecting, exploration,
utilization, or exploitation of mineral resources inside forest
concessions shall be allowed unless proper notice has been served upon
the licensees thereof and the prior approval of the Director, secured.
Mine tailings and other pollutants affecting the health and safety of
the people, water, fish, vegetation, animal life and other surface
resources, shall be filtered in silt traps or other filtration devices
and only clean exhausts and liquids shall be released therefrom.
Surface-mined areas shall be restored to as near its former natural
configuration or as approved by the Director prior to its abandonment by
the mining concern.
Section 48
Mineral Reservations
Mineral reservations which are not the subject of mining operations or
where operations have been suspended for more than five (5) years shall
be placed under forest management by the Bureau.
27
Mineral reservations where mining operations have been terminated due to

the exhaustion of its minerals shall revert to the category of forest
land, unless otherwise reserved for other purposes.
Section 49
Roads and Other Infrastructure
Roads and other infrastructure in forest lands shall be constructed with
the least impairment to the resource values thereof.
Government agencies undertaking the construction of roads, bridges,
communications, and other infrastructure and installations inside forest
lands, shall coordinate with the Bureau, especially if it will involve
the utilization or destruction of timber and/or other forest resources,
or watershed disturbance therein, in order to adopt measures to avoid or
reduce damage or injury to the forest resource values.
They shall likewise extend assistance in the planning and establishment
of roads, wharves, piers, port facilities, and other infrastructure in
locations designated as wood-processing centers or for the convenience
of wood-based industries.
In order to coincide and conform to government plans, programs,
standards, and specifications, holders of license agreements, licenses,
leases and permits shall not undertake road or infrastructure
construction or installation in forest lands without the prior approval
of the Director, or in alienable and disposable lands, civil
reservations and other government lands, without the approval of the
government agencies having administrative jurisdiction over the same.
All roads and infrastructure constructed by holders of license
agreements, licenses, leases and permits belong to the State and the use
and administration thereof shall be transferred to the government
immediately upon the expiration or termination thereof. Prior thereto
the Bureau may authorize the public use thereof, if it will not be
detrimental to forest conservation measures.
Where roads are utilized by more than one commercial forest user, the
Bureau shall prescribe the terms and conditions of joint use including
the equitable sharing of construction and/ or maintenance costs, and of
the use of these roads by other parties and the collection of such fees
as may be deemed necessary.
Section 50
Logging Roads
There shall be indiscriminate construction of logging roads.
Such roads shall be strategically located and their widths regulated so
at to minimize clear-cutting, unnecessary damage or injury to healthy
residuals, and erosion. Their construction must not only serve the
transportation need of the logger, but, most importantly, the
28
requirement to save as many healthy residuals as possible during cutting

and hauling operations.
Section 51
Management of Occupancy in Forest Lands
Forest occupancy shall henceforth be managed. The Bureau shall study,
determine and defined which lands may be the subject of occupancy and
prescribed therein, an agro-forestry development program.
Occupants shall undertake measures to prevent and protect forest
resources. Any occupancy in forest land which will result in
sedimentation, erosion, reduction in water yield and impairment of other
resources to the detriment of community and public interest shall not
allowed.
In areas above 50% in slope, occupation shall be conditioned upon the
planting of desirable trees thereon and/or adoption of other
conservation measures.
Section 52
Census of Kaingineros, Squatters, Cultural Minorities and Other
Occupants
and Residents in Forest Lands
Henceforth, no person shall enter into forest lands and cultivate the
same without lease or permit.
A complete census of kaingineros, squatters, cultural minorities and
other occupants and residents in forest lands with or without authority
or permits from the government, showing the extent of their respective
occupation and resulting damage, or impairment of forest resources,
shall be conducted.
The Bureau may call upon other agencies of the government and holders of
license agreement, license, lease and permits over forest lands to
participate in the census.
Section 53
Criminal Prosecution
Kaingineros, squatters, cultural minorities and other occupants who
entered into forest lands and grazing lands before May 19, 1975, without
permit or authority, shall not be prosecuted: Provided, That they do not
increase their clearings: Provided, further, That they undertake, within
two (2) months from notice thereof, the activities to be imposed upon
them by the Bureau in accordance with management plan calculated to
conserve and protect forest resources in the area: Provided, finally,
That kaingineros, squatters, cultural minorities and other occupants
shall whenever the best land use of the area so demands as determined by
the Director, be ejected and relocated to the nearest accessible
government resettlement area. [As amended by PD No. 1559]
29
E.
Special Uses
Section 54
Pasture in Forest Lands
in slope or over may be
No forest land 50%

utilized for pasture
purposes.
Forest lands which are being utilized for pasture shall be maintained
with sufficient grass cover to protect soil, water and other forest
resources.
If grass cover is insufficient, the same shall be supplemented with
trees or such vegetative cover as maybe deemed necessary.
The size of forest lands that may be allowed for pasture and other
special uses shall be determined by rules and regulations, any provision
of law to the contrary notwithstanding.
Section 55
Wildlife
All measures shall be adopted to conserve wildlife. The Director shall
regulate the hunting of wildlife in forest lands in order to maintain an
ecological balance of flora and fauna. [As amended by PD No. 1559]
Section 56
Recreation
The Bureau shall, in the preparation of multiple-use management plans,
identify and provide for the protection of scenic areas in all forest
lands which are potentially valuable for recreation and tourism, and
plan for the development and protection of such areas to attract
visitors thereto and meet increasing demands therefor.
The construction and operation of necessary facilities to accommodate
outdoor recreation shall be done by the Bureau with the use of funds
derived from rentals and fees for the operation and use of recreational
facilities by private persons or operators, in addition to whatever
funds may be appropriated for such purposes.
Section 57
Other Special Uses of Forest Lands
Forest lands may be leased for a period not exceeding twenty-five (25)
years, renewable upon the expiration thereof for a similar period, or
held under permit, for the establishment of sawmills, lumber yards,
timber depots, logging camps, rights-of-way, or for the construction of
sanatoria, bathing establishments, camps, salt works, or other
beneficial purposes which do not in any way impair the forest resources
therein.
F.
Qualifications
30
Section 58
Diffusion of Benefits
The privilege to utilize, exploit, occupy, or possess forest lands, or
to conduct any activity therein, or to establish and operate woodprocessing plants, shall be diffused to as many qualified and deserving
applicants as possible.
Section 59
Citizenship
In the evaluation of applications of corporations, increased Filipino
equity and participation beyond the 60% constitutional limitation shall
be encouraged. All other factors being equal, the applicant with more
Filipino equity and participation shall be preferred.
Section 60
Financial and Technical Capability
No license agreement, license, lease or permit over forest lands shall
be issued to an applicant unless he proves satisfactorily that he has
the financial resources and technical capability not only to minimize
utilization, but also to practice forest protection, conservation and
development measures to insure the perpetuation of said forest in
productive condition.
Section 61
Transfers
Unless authorized by the Department Head, no licensee, lessee, or
permittee may transfer, exchange, sell or convey his license agreement,
license, lease or permit, or any of his rights or interests therein, or
any of his assets used in connection therewith.
The licensee, lessee or permittee shall be allowed to transfer or convey
his license agreement, license, lease or permit only if the license,
lease or permit has been in existence for at least three (3) years, the
licensee, lessee or permittee has not violated any forestry law, rule or
regulation and has been faithfully complying with the terms and
conditions of the license agreement, license, lease or permit, the
transferee has all the qualifications and none of the disqualifications
to hold a license agreement, license, lease or permit, there is no
evidence that such transfer of conveyance is being made for purposes of
speculation; and the transferee shall assume all the obligations of the
transferor.
As used in this section, the term assets shall not include cattle and
other livestocks or animals raised in grazing lands and forest lands,
and planted trees and other products raised in industrial tree
plantations, tree farms and agro-forestry farms. [As amended by PD No.
1559]
31
Section 62
Service Contracts
The Department Head, may in the national interest, allow forest products
licensees, lessees or permittees to enter into service contracts for
financial, technical, management, or other forms of assistance, in
consideration of a fee, with any foreign person or entity for the
exploration, development, exploitation or utilization of the forest
resources, covered by their license agreements, licenses, leases or
permits. Existing valid and binding service contracts for financial,
technical, management or other forms of assistance are hereby recognized
as such.
Section 63
Equity Sharing
Every corporation holding a license agreement, license, lease or permit
to utilize, exploit, occupy or possess any forest land, or conduct any
activity therein, or establish and operate a wood-processing plant,
shall within one (1) year after the effectivity of this Code, formulate
and submit to the Department Head for approval a plan for the sale of at
least twenty percent (20%) of its subscribed capital stock in favor of
its employees and laborers.
The plan shall be so implemented that the sale of the shares of stock
shall be effected by the corporation not later than the sixth year of
its operation, or the first year of the effectivity of this Code, if the
corporation has been in operation for more than 5 years prior to such
effectivity.
No corporation shall be issued any license agreement, license, lease or
permit after the effectivity of this Code, unless it submits such a plan
and the same is approved for implementation within the sixth year of its
operation.
The Department Head shall promulgate the necessary rules and regulations
to carry out the provisions of this section, particularly on the
determination of the manner of payment factors affecting the selling
price, establishment of priorities in the purchase of the shares of
stock, and the capability of the deserving employees and laborers. The
industries concerned shall extend all assistance in the promulgation of
policies on the matter, such as the submission of all data and
information relative to their operation, personnel management, and asset
evaluation.
G.
Regulatory Fees
Section 64
Equity Sharing
32
Every corporation holding a license agreement, license, lease or permit

to utilize, exploit, occupy or possess any forest land, or conduct any
activity therein, or establish and operate a wood-processing plant,
shall within one (1) year after the effectivity of this amendatory
Decree, formulate and submit to the Department Head for approval a plan
for the sale of at least ten percent (10%) of its subscribed capital
stock in favor of employees, laborers and the general public.
The plan shall be so implemented that the sale of the shares of stock
shall be effected by the corporation not later than the sixth year of
its operation, or the first year of the effectivity of this amendatory
Decree, if the corporation has been in operation for more than five (5)
years prior to such effectivity.
No corporation shall be issued any license agreement, license, lease or
permit after the effectivity of this amendatory Decree, unless it
submits such a plan and the same is approved for implementation within
the sixth year of its operation.
The Department Head shall promulgate the necessary rules and regulations
to carry out the provisions of this section, particularly on the
determination of the manner of payment, factors affecting the selling
price, establishment of priorities in the purchase of the shares of
stock, and the preparation of a fund to ensure the financial capability
of the deserving employees and laborers. The industries concerned shall
extend all assistance in the promulgation of policies on the matter,
such as the submission of all data and information relative to their
operation, personnel management and asset evaluation. [As amended by PD
No. 1559]
Section 65
Authority of Department Head to Impose Other Fees
In addition to the fees and charges imposed under existing laws, rules
and regulations, the Department Head is hereby authorized, upon
recommendation of the Director and in consultation with representatives
of the industries affected, to impose other fees for forest protection,
management, reforestation, and development, the proceeds of which shall
accrue into a special deposit of the Bureau as its revolving fund for
the aforementioned purposes.
Section 66
Collection and Disbursement
The collection of the charges and fees above-mentioned shall be the
responsibility of the Director or his authorized representative. The
Director shall remit his monthly collection of fees and charges
mentioned in Section 64 to the Treasurer of the Philippines within the
first ten (10) days of the succeeding month; Provided, That the proceeds
of the collection of the fees imposed under Section 65 and the special
33
deposit heretofore required of licensees shall be constituted into a

revolving fund for such purposes and be deposited in the Philippine
National Bank, as a special deposit of the Bureau. The Budget
Commissioner and the National Treasurer shall effect the quarterly
releases out of the collection accruing to the general fund upon request
of the Director on the basis of a consolidated annual budget of a work
program approved by the Department Head and the President.
In the case of the special deposit revolving fund, withdrawals therefrom
shall be effected by the Department Head on the basis of a consolidated
annual budget prepared by the Director of a work program for the
specific purposes mentioned in Section 65.
Section 67
Basis of Assessment
Tree measurement shall be the basis for assessing government charges and
other fees on timber cut and removed from forest lands, alienable or
disposable lands, and the civil reservations; Provided, That until such
time as the mechanics of tree measurement shall have been developed and
promulgated in rules and regulations, the present scaling method
provided for in the National Internal Revenue Code shall be used.
The Director may, with the approval of the Department Head, prescribe a
new method of assessment of forest products and collection of charges
thereon based upon the result of production cost and market studies
undertaken by the Bureau; Provided, That such charges shall not be lower
than those now imposed.
H.
Taxation for Forest Products
Section 68
Measuring of Forest Products
and Invoicing and Collection of Charges Thereon
The duties incident to the measuring of forest products shall be
discharged by the Bureau of Forest Development under regulations of the
Ministry of Natural Resources (now, Secretary of Environment and Natural
Resources). The invoicing and collection of the charges thereon shall be
done by the Bureau of Internal Revenue under regulations approved by the
Minister of Finance (now Department of Finance). [As amended by BP Blg.
83, Sept. 17, 1980]
Section 69
Mode of Measuring Timber
Except as herein below provided, all timber shall be measured and
manifested in the round or squared, before being sawn or manufactured.
The volume of all round timber shall be ascertained by multiplying the
area of the small and by the length of the log, the diameter of the log
to be measured exclusive of the bark; but if the end of a log is
34
irregular, the average diameter shall be used; and in order to ascertain

the volume of a log more than eight meters long, the diameter of the
middle of said log or the average of the diameters at both ends thereof
shall be used as basis. If a log in the round, cut under license, is
measured and manifested by forest officers, the Director of Forest
Development shall make due allowance for rot, cavities or other natural
defects; but from any decision of the Director of Forest Development in
this respect, an appeal shall lie to his Ministry Head (now, Department
Head), whose decision shall be final. The manifest of timber cut by
licensees operating sawmills in or near the forest shall be attested by
forest of officers whenever practicable.
The volume of squared timber shall be ascertained by multiplying the
average of the cross section measured by the length, to which forty per
centum shall be added for loss in squaring: Provided, however, That if
squared timber cut under license is measured and manifested by forest
officers, the Director of Forest Development shall make due allowance
for rot, cavities, or other natural defects; but from any decision of
the Director of Forest Development in this respect, an appeal shall lie
to his Ministry Head (Department Head), whose decision shall be final.
The privilege of manifesting timber after squaring shall, however, be
granted only to licensees who have squared their logs in the forests
with the ax and intend to take it to the market in this form.
If sawn or otherwise manufactured timber is found which has not been
manifested in accordance with the provisions hereof, the corresponding
forest charges shall be assessed on twice the volume of the actual
contents of such sawn or manufactured timber. [As amended by BP Blg.
83, Sept. 17, 1980]
Section 70
Charges on Timber Cut in Forestland
There shall be collected charges on each cubic meter of timber cut in
forestland, whether belonging to the first, second, third or fourth
group, twenty-five percent (25%) of the actual FOB market price based on
species and grading: Provided, however, That, in the case of pulpwood
and matchwood cut in forestland, forest charges on each cubic meter
shall be ten percent (10%) of the actual FOB market price. [As amended
by RA No. 7161, 10 Oct. 1991]
Section 71
Charges on Firewood, Branches and Other Recoverable Wood Wastes of
Timber
Except for all mangrove species whose cutting shall be banned, there
shall be collected forest charges on each cubic meter of firewood cut in
forestland, branches and other recoverable wood wastes of timber, such
35
as timber ends, tops and stumps when used as raw materials for the
manufacture of finished products. Ten pesos (P10.00).
Only third or fourth group wood can be taken for firewood. However, if
jointly authorized by the Secretaries of both the Departments of
Environment and Natural Resources and Agriculture, first and second
group woods may be removed for firewood purposes from land which is more
valuable for agricultural than for forest purposes. [As amended by RA
No. 7161]
Section 72
Charges on Minor Forest Products
All other forest products of forestland which are not covered by the
preceding sections shall be exempt from any or all forest charges,
except rattan, gums and resins, bees-wax, gutapercha, almaciga resin and
bamboo which shall be charged at ten percent (10%) of the actual FOB
market price. [As amended by RA No. 7161]
Section 73
Effectivity and Application of Forest Charges and Determination of
Market Price of Forest Products
The rates of forest charges provided for in Sections 70, 71 and 72
hereof shall be effective upon approval of this Act. The new rates shall
be published in the Official Gazette or in two (2) newspapers of
national circulation and shall also be posted in conspicuous places in
the different Department of Environment and Natural Resources field
offices.
The actual FOB market price of forest products shall be justly
determined once a year by the Secretary of Environment and Natural
Resources: Provided, That he shall cause the creation of a committee to
be composed of representatives of the Department of Environment and
Natural Resources, the National Economic Development Authority the
Department of Trade and Industry, the Bureau of Internal Revenue and the
wood and furniture industry and consumer sectors which shall formulate
the criteria and/or guidelines in the determination of the actual FOB
market price to be used as the basis for the assessment of the ad
valorem tax. Taking into consideration production cost (developing cost,
contingencies and miscellaneous cost), species and grade of timber,
government share, reforestation, tariff duties, taxes, risk involved and
a reasonable margin of profit for domestic and export market prices for
wood and wood products.
These forest charges shall be applied to naturally growing timber and
forest products gathered within public forestlands, alienable and
disposable lands and private lands. Forest charges collected shall be in
lieu of the administrative charge on environment and other fees and
charges imposed thereon: Provided, That planted trees and other forest
36
products harvested from industrial tree plantations and private lands

covered by existing tiller or by approved land application are exempted
from payment of forest charges. [As amended by RA No. 7161]
Section 74
Charges on Gums, Resins,
and Other Forest Products
On gums, resins, rattan, and other forest products of forest lands which
are not herein above provided for, there is herein imposed upon the
person removing such forest product a charge of ten per centum of the
actual market value thereof, determined in the manner indicated below.
The market value of the various forest products on which forest charges
may thus be collected shall be determined from time to time by a joint
assessment of the Commissioner and the Director of Forest Development,
to be approved by their respective Ministry Heads (Department Heads),
the same to be published for the information of public in the Official
Gazette, in two daily newspaper of national circulation, and posted in a
conspicuous place in the municipal building of a municipality
concerned. [As amended by BP Blg. 83]
Section 75
Tax Exemptions of Forest Products
Lawfully Removed under Gratuitous License
No charges shall be collected on forest products removed in conformity
with the terms of a gratuitous license of the Bureau of Forest
Development and in compliance with the law and the regulations of such
Bureau. [As amended by BP Blg. 83]
Section 76
Tax Exemption of Trees and Products Removed from Public Lands under a
Tree Farm Lease
No charges shall be collected on trees and products removed from public
lands planted to ipil-ipil and/or falcata under a tree farm lease with
the Government.[As amended by BP Blg. 83]
Section 77
Time, Manner and Place
of Payment of Forest Charges
The charges on forest products herein imposed shall be payable at the
time of the removal from or utilization of the same within the
concession area.
Before removing any forest product subject to forest charges, the person
liable to the said tax shall file, in duplicate, a return setting forth
the quantity, volume and the specie of the forest product to be removed
and pay the forest charges due thereon to the revenue district officer,
collection agent, or duly authorized treasurer of the municipality of
37
the place where the timber concession is located or where the forest
products were gathered and removed, except as herein below provided.
With the approval of the Commissioner, lumber may be removed from a
sawmill situated on a licensed citing area upon the giving of a bond
conditioned upon the monthly payment of the charges due on the output of
such mill. He may also authorize the shipment of forest products under
auxiliary invoices without the prepayment of charges in special cases
where the prepayment of the charges at the point of origin would result
in undue hardship, if the owner of concessionaire shall first file a
bond with the Bureau of Internal Revenue in the form and amount and with
such sureties as the Commissioner may require, conditioned upon the
payment of the forest charges at the point of destination or at such
time and place as the Commissioner may direct. However, if any forest
products are removed, the Commissioner of Internal Revenue or his duly
authorized representatives shall first be notified of such removal on a
form prescribed for the purpose to be filed with the revenue district
officer of the place where the concession is located or where the forest
products were gathered and removed. It shall be the duty of every
licensee to make a true and complete return in duplicate setting forth
the quantity, volume and the specie of the forest product removed during
each calendar quarter, or the balance, if any, in cases where payments
are made upon removal, and pay the taxes due thereon within twenty days
after the end of each quarter to the revenue district officer,
collection agent, or duly authorized treasurer of the municipality of
the place where the timber concession is located or where the forest
products were gathered and removed.
In case the taxes are not paid within the period prescribed above, there
shall be added thereto a surcharge of twenty-five per centum, the
increment to be a part of the tax and the entire unpaid amount shall be
subject to interest at the rate of twenty per centum per annum. Where a
false or fraudulent return is made, there shall be added to the taxes a
surcharge of fifty per centum of their amount, and the entire unpaid
amount shall be subject to interest at the rate of twenty per centum per
annum. The amounts so added shall be collected in the same manner and as
part of the taxes, as the case may be. [As amended by BP Blg. 83]
CHAPTER IV
CRIMINAL OFFENSES AND PENALTIES
Section 78
Cutting, Gathering and/or Collecting Timber, or Other Forest Products
Without License
Any person who shall cut, gather, collect, remove timber or other forest
products from any forestland, or timber from alienable or disposable
public land, or from private land, without any authority, or possess
38
timber or other forest products without the legal documents as required

under existing forest laws and regulations, shall be punished with the
penalties imposed under Articles 309 and 310 of the Revised Penal Code:
Provided,
That
in
the
case
of
partnership,
associations,
or
corporations, the officers who ordered the cutting, gathering,
collection or possession shall be liable, and if such officers are
aliens, they shall, in addition to the penalty, be deported without
further proceedings on the part of the Commission on Immigration and
Deportation.
The Court shall further order the confiscation in favor of the
government of the timber or any forest products cut, gathered,
collected, removed, or possessed, as well as the machinery, equipment,
implements and tools illegally used in the area where the timber or
forest products are found. [As amended by PD No. 1559, and by EO No.
277, prom. July 25, 1987, 83 OG No. 31, Aug. 3, 1987]
Section 78-A
Administrative Authority of the Department Head
or His Duly Authorized Representative
to Order Confiscation
In all cases of violations of this Code or other forest laws, rules and
regulations, the Department Head or his duly authorized representative,
may order the confiscation of any forest products illegally cut,
gathered, removed, or possessed or abandoned, and all conveyances used
either by land, water or air in the commission of the offense and to
dispose of the same in accordance with pertinent laws, regulations or
policies on the matter. [As added by EO No. 277]
Section 78-B
Rewards to Informants
Any person who shall provide any information leading to the apprehension
and conviction of any offender for any violation of this Code or other
forest laws, rules and regulations, or confiscation of forest products,
shall be given a reward in the amount of twenty per centum (20%) of the
proceeds of the confiscated forest products. [As added by EO No. 277]
Section 79
Unlawful Occupation or
Destruction of Forest Lands and Grazing Lands
Any person who enters and occupies or possesses, or makes kaingin for
his own private use or for others, any forest land or grazing land
without authority under a license agreement, lease, license or permit,
or in any manner destroys such forest land or grazing land or part
thereof, or causes any damage to the timber stand and other products and
forest growth found therein, or who assists, aids or abets any other
person to do so, or sets a fire, or negligently permits a fire to be set
39
in any forest land or grazing land, or refuses to vacate the area when
ordered to do so, pursuant to the provisions of Section 53 hereof shall,
upon conviction, be fined in an amount of not less than five hundred
pesos (P500.00), nor more than twenty thousand pesos (P20,000.00) and
imprisoned for not less than six (6) months nor more than two (2) years
for each such offense, and be liable to the payment of ten (10) times to
the rental fees and other charges which would have accrued had the
occupation and use of the land been authorized under a license
agreement, lease, license or permit: Provided, That in the case of an
offender found guilty of making kaingin, the penalty shall be
imprisonment for not less than two (2) nor more than four (4) years and
a fine equal to eight (8) times the regular forest charges due on the
forest products destroyed, without prejudice to the payment of the full
cost of production of the occupied area as determined by the Bureau:
Provided, further, That the maximum of the penalty prescribed herein
shall be imposed upon the offender who repeats the same offense and
double the maximum of the penalty upon the offender who commits the same
offense for the third time.
In all cases, the Court shall further order the eviction of the offender
from the land the forfeiture to the government of all improvements made
and all vehicles, domestic animals and equipment of any kind used in the
commission of the offense. If not suitable for use by the Bureau, said
vehicles, domestic animals, equipment and improvements shall be sold at
public auction, the proceeds of which shall accrue to the Development
Fund of the Bureau.
In case the offender is a government official or employee, he shall, in
addition to the above penalties be deemed automatically dismissed from
office and permanently disqualified from holding any elective or
appointive position. [As amended by PD No. 1559]
Section 80
Pasturing Livestock
Imprisonment for not less than six (6) months nor more than two (2)
years and a fine equal to ten (10) times the regular rentals due, in
addition to the confiscation of such livestock and all improvements
introduced in the area in favor of the government, shall be imposed upon
any person, who shall, without authority under a lease or permit, graze
or cause to graze livestock in forest lands, grazing lands and alienable
and disposable lands which have not as yet been disposed of in
accordance with the Public Land Act; Provided, That in case the offender
is a corporation, partnership or association, the officers and directors
thereof shall be liable.
40
Section 81
Illegal Occupation of National Parks System and Recreation Areas and
Vandalism Therein
Any person who, shall, without permit, occupy for any length of time any
portion of the national parks system or shall, in any manner cut,
destroy, damage or remove timber or any species of vegetation or forest
cover and other natural resources found therein, or shall mutilate,
deface or destroy objects of natural beauty or of scenic value within
areas in the national parks system, shall be fined not less than five
hundred pesos (P500.00) pesos or more than twenty thousand (P20,000.00)
pesos exclusive of the value of the thing damaged; Provided, That if the
area requires rehabilitation or restoration as determined by the
Director, the offender shall also be required to restore or compensate
or the restoration of the damage: Provided, further, That any person
who, without proper permit shall hurt, capture or kill any kind of bird,
fish or wild animal life within the area in the national parks system
shall be subject to the same penalty: Provided, finally, That the Court
shall order eviction of the offender from the land and the forfeiture in
favor of the government of all timber or any species or vegetation and
other natural resources collected or removed, and any construction or
improvement made thereon by the offender. If the offender is an
association or corporation, the president or manager shall be directly
responsible and liable for the act of his employees or laborers.
In the event that an official or employee of a city or municipal
government is primarily responsible for detecting and convicting the
violator of the provisions of this section, fifty per centum (50%) of
fine collected shall accrue to such municipality or city for the
development of local parks. [As amended by PD No. 1559]
Section 82
Destruction of Wildlife Resources
Any person violating the provisions of Section 55 of this Code, or the
regulations promulgated thereunder, shall be fined not less than one
hundred (P100.00) pesos for each such violation and in addition shall be
denied a permit for a period of three (3) years from the date of the
violation.
Section 83
Survey by Unauthorized Persons
Imprisonment for not less than two (2) nor more than four (4) years, in
addition to the confiscation of the implements used in the violation of
this section including the cancellation of the license, if any, shall be
imposed upon any person who shall, without permit to survey from the
Director, enter any forestlands, whether covered by a license agreement,
41
lease, license, or permit, or not, and conduct or undertake a survey for

whatever purpose.
Section 84
Misclassification and Survey by Government Official or Employee
Any public officer of employee who knowingly surveys, classifies, or
recommends the release of forestlands as alienable and disposable lands
contrary to the criteria and standards established in this Code, or the
rules and regulations promulgated hereunder, shall, after an appropriate
administrative proceeding, be dismissed from the service with prejudice
to re-employment, and upon conviction by a court of competent
jurisdiction, suffer an imprisonment of not less than one (1) year and a
fine of not less then one thousand (P1,000.00) pesos. The survey,
classification or release of forestlands shall be null and void.
Section 85
Tax Declaration on Real Property
Imprisonment for a period of not less than two (2) nor more than four
(4) years and perpetual disqualification from holding an elective or
appointive office, shall be imposed upon any public officer or employee
who shall issue a tax declaration on real property without a
certification from the Director of Forest Development and the Director
of Lands or their duly designated representatives that the area declared
for taxation is alienable and disposable lands, unless the property is
titled or has been occupied and possessed by members of the national
cultural minorities prior to July 4, 1955.
Section 86
Coercion and Influence
Any person who coerces, influences, abets or persuades the public
officer or employee referred to in Sections 74 and 75 commit any of the
acts mentioned therein shall suffer imprisonment of not less than one
(1) year and pay a fine of five hundred (P500.00) pesos for every
hectare or a fraction thereof so improperly surveyed, classified or
released.
In all other cases, any person who coerces, influences, abets or
persuades the public officer or employee by using power and influence in
deciding any pending case or matter in his favor shall be punished by a
fine of not more than five thousand pesos (P5,000.00) and imprisonment
of not less than one (1) year. [As amended by PD No. 1559]
Section 87
Payment, Collection
and Remittance of Forest Charges
Any person who fails to pay the amount due and payable under the
provisions of this Code, the National Internal Revenue Code, or the
rules and regulations promulgated thereunder, shall be liable to the
42
payment of a surcharge of twenty-five per centum (25%) of the amount due

and payable.
Any person who fails or refuses to remit to the proper authorities said
forest charges collectible pursuant to the provisions of this Code or
the National Internal Revenue Code, or who delays, obstructs or prevents
the same, or who orders, causes or effects the transfer or diversion of
the funds for purposes other than those specified in this Code, for each
such offense shall, upon conviction, be punished by a fine of not
exceeding one hundred thousand pesos (P100,000) and/or imprisonment for
a period of not exceeding six (6) years in the discretion of the Court.
If the offender is a government official or employee, he shall, in
addition, be dismissed from the service with prejudice to reinstatement
and with disqualification from holding any elective or appointive
office.
If the offender is a corporation, partnership or association, the
officers and directors thereof shall be liable.
Section 88
Sale of Wood Products
No person shall sell or offer for sale any log, lumber, plywood or other
manufactured wood products in the international or domestic market
unless he complies with grading rules and established or to be
established by the Government.
Failure to adhere to the established grading rules and standards, or any
act of falsification of the volume of logs, lumber, or other forest
products shall be a sufficient cause for the suspension of the export,
sawmill, or other license or permit authorizing the manufacture or sale
or such products for a period of not less than two (2) years.
A duly accredited representative of the Bureau shall certify to the
compliance by the licenses with grading rules.
Every dealer in lumber and other building material covered by this Code
shall issue an invoice for each sale of such material and such invoice
shall state that the kind, standard and size of material sold to each
purchaser in exactly the same as described in the invoice. Any violation
of this section shall be sufficient ground for the suspension of the
dealers license for a period of not less than two (2) years and, in
addition thereto, the dealer shall be punished for each such offense by
a fine of not less than two hundred pesos (P200.00) or the total value
of the invoice, whichever is greater.
Section 89
Arrest; Institution of Criminal Actions
A forest officer or employee of the Bureau or any personnel of the
Philippine Constabulary/ Philippine National Police shall arrest even
without warrant any person who has committed or is committing in his
43
presence any of the offenses defined in this Chapter. He shall also

seize and confiscate, in favor of the Government, the tools and
equipment used in committing the offense, and the forest products cut,
gathered or taken by the of offender in the process of committing the
offense. The arresting forest officer or employee shall thereafter
deliver within six (6) hours from the time of arrest and seizure, the
offender and the confiscated forest products, tools and equipment to,
and file the proper complaint with, the appropriate official designated
by law to conduct preliminary investigation and file information in
Court.
If the arrest and seizure are made in the forest, far from the
authorities designated by law to conduct preliminary investigations, the
delivery to, and filing of the complaint with, the latter shall be done
within a reasonable time sufficient to the place of delivery. The seized
products, materials and equipment shall be immediately disposed of in
accordance with forestry administrative orders promulgated by the
Department Head.
The Department Head may deputize any agency, barangay or barrio
official, or any qualified person to protect the forest and exercise the
power or authority provided for in the preceding paragraph.
Reports and complaints regarding the commission of any of the offenses
defined in this Chapter, not committed in the presence of any forest
officer
or
employee,
or
any
personnel
of
the
Philippine
Constabulary/Philippine National Police or any of the deputized officers
or officials, shall immediately be investigated by the forest officer
assigned
in
the
area
or
any
personnel
of
the
Philippine
Constabulary/Philippine National Police where the offense was allegedly
committed, who shall thereupon receive the evidence supporting the
report or complaint.
If there is prima facie evidence to support the complaint or report, the
investigating
forest
officer
and/or
members
of
the
Philippine
Constabulary/Philippine National Police shall file the necessary
complaint with the appropriate official authorized by law to conduct a
preliminary investigation of criminal cases and file an information in
Court. [As amended by PD No. 1775]
Section 89-A
The Armed Forces of the Philippines shall organize a special force in
every region to help enforce the provisions of this act under such rules
and regulations as may be agreed upon by the Secretaries of National
Defense and Natural Resources. [As inserted by PD No. 1559.]
Section 89-B
Administrative Authority
of the Director to Impose Fines
44
In all cases of violations of this Code and other forest laws, rules and
regulations where fine is the principal penalty, the Director is hereby
authorized to impose administratively the penalty consisting of the
fine. [As inserted by PD No. 1559]
Section 90
Separability Clause
Should any provision herein be subsequently declared unconstitutional,
the same shall not affect the validity or the legality of the other
provisions.
Section 91
Repealing Clause
Presidential Decree Nos. 330, and 389, C.A. No. 452, R.A. No. 4715 and
all laws, orders, rules and regulations or any part thereof which are
inconsistent herewith are hereby repealed or amended accordingly.
Section 92
Date of Effectivity
This Code shall take effect immediately upon promulgation.
Approved: May 19, 1975
45

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Republic of the Philippines

Congress of the Philippines

chanroble s virtualaw library

Sec. 3. Definition of Terms. - As used in this Act, the term:

(b) is an orchard and fruit tree farmer;

JOSE DE VENECIA JR.

Approved: November 7, 2002

PRESIDENTIAL DECREE NO. 705

REVISED FORESTRY CODE

utilization thereof to optimize the benefits that can be derived

r. Dipterocarp forest is a forest dominated by trees of the dipterocarp

and operate a wood-processing plant, or conduct any activity involving

appointed or designated as officer-in-charge of a newly created

said lands, which are not yet part of a well-established communities,

than five hundred (500) meters in accordance with established procedures

The President of the Philippines, upon the recommendations of the

c. Brushlands or tracts of forest lands generally covered with brush,

Open tracts of forest lands interspersed with patches of forest;

e. Denuded or inadequately timbered areas proclaimed by, the President

j. Portions of private lands required to be reforested or planted to

right to sell, contract, convey, or dispose of said planted trees and

operation of any holder of a license agreement, license, lease, or

Mineral reservations where mining operations have been terminated due to

requirement to save as many healthy residuals as possible during cutting

No forest land 50%

Every corporation holding a license agreement, license, lease or permit

deposit heretofore required of licensees shall be constituted into a

irregular, the average diameter shall be used; and in order to ascertain

products harvested from industrial tree plantations and private lands

timber or other forest products without the legal documents as required

lease, license, or permit, or not, and conduct or undertake a survey for

payment of a surcharge of twenty-five per centum (25%) of the amount due

presence any of the offenses defined in this Chapter. He shall also

Approved: May 19, 1975

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