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REVISED FORESTRY CODE OF THE PHILIPPINES

I. History of the forestry laws in the Philippines

1. PD 389

i. First forestry law in the Philippines

ii. Known as the Forestry Reform Code of the Philippines

iii. Subsequently amended by PD 705

2. PD 705

i. Amended PD 389

ii. Known as the Revised Forestry Code

iii. Enacted on May 19, 1975

3. Executive Order 277

i. Amended certain provisions in of PD 705, specially Section 68.

ii. Amendment took effect on July 25, 1987

II. Section 2 of PD 705 - provides for the State policies.

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.

Note: The State policies acknowledge that deforestation and logging is allowed provided that it is in
accordance with law and it is sustainable. You use only what is needed for the protection and the use
of the future generations.

III. Section 3 of PD 705 - Definition of terms. We will just focus on the four (4) relevant items:

1. Forest lands

a) Include the public forest, the permanent forest or forest reserves, and forest reservations.

b) General or umbrella classification

2. Public forest
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a) 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.

3. Permanent forest or forest reserves

a) Refer to those lands of the public domain which have been subject of the present system of
classification and declared as not needed for forest purposes.

b) Example: 1) Angat Watershed Reserve; 2) Malagos Forest Reserve, which was established in
1933 with an area of 235 hectares.

4. Forest reservations

a) Refer to forest lands which have been reserved by the President of the Philippines for any
specific purpose or purposes

b) Remember the case of Palomo vs Court of Appeals

c) Info graphic from DENR, there are 52.21% or 15 million hectares of forest lands in the
Philippines and 47% or 15 million hectares are alienable and disposable.

IV. Implementing agency of PD 705

- By virtue of Executive Order (EO) 292, the implementing agency is the Department of Environment
and Natural Resources (DENR). The DENR Secretary has the primary mandate of implementing the
provision of PD 705. The DENR is the primary agency that exercises supervision and control over the
forest lands, alienable and disposable public lands and its mineral resources. And in the process of
such control it may impose appropriate taxes, fees, charges and rentals and any such part of levy and
collect fees for exploration, development and utilization of the resources.

V. Can the courts interfere the policy determination done the executive branch on the proper
management of forest resources. This was answered in the case of Ysmael vs Deputy Executive
Secretary.

CASE (Ysmael vs Deputy Executive Secretary)

In this case, there was an issuance of a timber license. Subsequently, the DENR issued a memorandum
order canceling all these timber license agreements. Now, the petitioner here questioned the
memorandum and assailed the it is a grave abuse of discretion on the part of the DENR.

Here, the Supreme Court discussed that the timber license agreements is a privilege. As such, it is not
irrevocable. Anytime it can be revoked if public policy requires. The Supreme Court held that in a long
line of cases established the basic principle that the courts will not interfere in matters which are
addressed in the sound discretion of the government agency entrusted with the regulation of
activities coming out of the special technical knowledge and expertise of such agency. This case is a
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political question, as such it should be left to the sound discretion of the proper authorities. The
Supreme Court held that it cannot decide on whether or not the act of the DENR in canceling the
timber licenses was valid or not.

Note: Differentiate political question and justiciable question.

FACTS:

ISSUES:

RULING:

VI. Does the DENR have the sole authority in issuing permit relevant to the transportation of salvaged
forest products. This was answered in the case of Ruzon vs Sandiganbayan.

CASE (Ruzon vs Sandiganbayan)

Here, the seizure was ordered by the Mayor and then the DENR questioned such order. The issue
here is whether or not the LGU has the power to order the seizure of forest products. The DENR
assails that they have the sole authority to do so.

The Supreme Court held that the DENR is not the sole government agency vested with the authority
to issue permits relevant to the transportation of the salvaged forest products, considering that
pursuant to the general welfare clause LGUs may exercise such authority. The Mayor may issue
permits and suspend or revoke the same for any violation of the conditions upon which such licenses
or permits have been issued.

Forest lands, although under the management of the DENR, are not exempt from the territorial
application of municipal laws for Local Government Units may implement and exercise powers of the
government over their defined territorial jurisdiction.

Note: General welfare clause is embodied in Section 16 of the RA 7160 (Local Government Code of
1991). It provides that: Every local government unit, shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its
efficient and effective governance, and those which are essential to the promotion of the general
welfare. Within their respective territorial jurisdictions, local government units shall ensure and
support, among other things, the health and safety, enhance the right of the people to a balances
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ecology, encourage and support the development of appropriate and self-reliant scientific and
technological capabilities, improve public morals, enhance full employment, among their residents,
maintain peace and order, and preserve the comfort and convenience of their inhabitants.

Section 16 encapsulates the delegated police power to the LGUs. The LGUs exercise their police
power to their respective legislative bodies.

FACTS:

ISSUES:

RULING:

VII. FOREST MANAGEMENT BUREAU

The DENR has the mandate to enforce and implement the forestry laws. One of the line bureau of the
DENR which has the primary jurisdiction over the enforcement of forestry laws is the Forest
Management Bureau (FMB) which is under the primary supervision of the DENR Secretary.It was
formerly the Bureau of Forest Development as provided in Sections 4 - 12 of PD 705. The Bureau of
Forestry, Deforestration Administration , Park and Wildlife Office have been merged in a single agency
known as FMB.

The FMB is under the primary supervision of the DENR Secretary. The Secretary may promulgate rules
and regulations necessary to implement the provisions of PD 705. PD 705 is a general law, as such the
DENR must issue memorandum orders and implementing rules and regulations in order to enforce it.

1. Jurisdiction of the FMB

Section 5 of PD 705: Jurisdiction of the 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 is responsible for the protection, development, management, regeneration and reforestation of

forest lands.

- Regulation and supervision of the operation of licensees, lessees and permittees for the taking and
use of forest products, therefrom or the occupancy or use thereof.
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- Implementation of multiple use and sustained yield management of 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. They have to coordinate with DAR and NCIP.

- The enforcement of forestry, reforestation, parks, games and wildlife laws, rules and regulations.

- Regulate the establishment and operation of sawmills, veneer and plywood mills and other wood
processing plants.

- Conduct studies of domestic and world markets of forest products.

In the case of _______ the Supreme Court held that the power of FMB does not include the power to
determine whether the enclosure of the logging road is legal or illegal. This is a question of easement
which falls directly under the jurisdiction of the regular courts. They are also not allowed to grant
damages, in case of administrative action falling under the jurisdiction of the FMB (22:49). Not every
activity inside the forest areas is subject to the jurisdiction of the FMB.

VIII. Filing of a case

Remember that the FMB is under the direct control and supervision of the DENR Secretary, which is
referred to as department head in PD 705. Necessarily, the decision of the FMB Director is appealable
to the DENR Secretary and finally to the Office of the President before the case is referred to the
Court of Appeals and Supreme Court .

It may be motu proprio or upon appeal by the aggrieved party. Unless the aggrieved party files an
appeal to the Office of the President, the decision of the DENR Secretary becomes final and
unappealable after the lapse of 30 days from the receipt of the decision by the aggrieved party.

Questioning the decision of the Office of the President is purely a question of fact and not of law. But
when you alleged grave abuse of discretion, then such is a special civil action for certiorari.

IX. Doctrine of Exhaustion of Administrative Liabilities

CASE (PAAT VS COURT OF APPEALS)

In this case, the forest products were seized by the DENR and the private respondent appealed.
Pending appeal, the private respondent filed a writ of replevin before the court which was
subsequently granted. The question here is if it was proper for the court to grant the petition for
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replevin and give back or transfer to the private respondent the seized forest products. The Supreme
Court held that it was not proper. The enforcement of forestry laws, rules and regulations and the
protection, development and management of forest lands fall within the primary and special
responsibility of the DENR. Thus, by the very nature of its functions, it should be given a free hand and
be free from judicial intrusion to determine a controversy which is well within its jurisdiction. The
assumption of the court of the writ of replevin filed by respondent respondent and its subsequent
grant by the courts constitute an unjustified encroachment in the domain of administrative agencies
prerogative. The doctrine of primary jurisdiction does not warrant a court to resolve a controversy
wherein the jurisdiction is with the administrative body of a special competence. The forest products
here are already in custodia legis, there is no point in getting it by virtue of a writ of replevin (30:07).

Note: Writ of replevin - a provisional remedy that during the pendency of the case, you take back
personal property .

FACTS:

ISSUES:

RULING:

X. FINALITY OF ADMINISTRATIVE DECISIONS

It is an established doctrine that the decisions and orders of the administrative agencies have a final
and binding effect upon its final judgment within the purview of the doctrine of res judicata. The
decisions of the DENR and other administrative agencies are conclusive upon the rights of the
affected parties as they are rendered by a court of general jurisdiction. Regular courts are bound by
the findings of fact of administrative agencies, and the only way to question it is by special action for
certiorari alleging grave abuse of discretion.

XI. Can you be barred by laches if you fail to file a special civil action for certiorari seeking to nullify
the decision issued by quasi-judicial agencies. This was answered in the case of Ysmael vs Deputy
Executive Secretary. The question of whether or not it is proper for the DENR to issue a memorandum

Circular recalling the timber license agreements.

CASE

Here, it took Ysmael three (3) years to question the memorandum circular of the DENR. The Supreme
Court held that the petitioner waited for three (3) years before he finally filed a petition for certiorari.
It is equivalent or tantamount to laches or sleeping on his rights. Therefore, he may not be permitted
to question said memoradum circular by virtue of a writ of certiorari.
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FACTS:

ISSUES:

RULING:

XII. Classification and Survey

Section 13 of PD 705 provides that:

- The DENR Secretary shall study, devise, determine and prescribe the criteria, guidelines and
methods for the proper and accurate classification and survey of all lands of the 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.

- The DENR Secretary shall simplify through the inter-bureau action the present system of
determining which of the unclassified lands of public domain are needed for forest purposes and
declare them as permanent forest to form part of the forest reserves.

- The DENR Secretary shall decree 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 and 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.

CASE (Republic vs CA and Carantes)

In this case, the private respondents were already cultivating a land. The private respondents had an
impression that the land was already agricultural land and is already alienable and available for
disposition. Here, the Supreme Court held that there is no positive act on the part of the government
reclassifying the land as agricultural land open for alienation and disposition. Reclassification of land is
descriptive of its legal nature and not on how it looks like.

FACTS:

ISSUES:
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RULING:

Note: As to mangrove swamps, they are in the category of forest lands. They are also known as
manglaves and are included in public forest lands of the Philippines. The classification of mangrove
swamps as public forest lands is descriptive of its legal nature and not on how the land actually looks
like. Therefore, even if the land is dry and there are no mangrove trees, it is still classified as public
forest lands and possession of which will not ripen into ownership. However, if the mangrove area is
no longer needed for for shore protection and it is suitable for fishpond then its jurisdiction may be
released to the Bureau of Fisheries and Aquatic Resources (BFAR).

XIII. What is the effect if there was a survey plan approved by the Director of Lands indicating that the
mangrove swamps is agricultural land. This is discussed in the case of Director of Forestry vs Villareal

CASE (Director of Forestry vs Villareal)

In this case, the survey plan approved by the Director of Lands was not considered as a positive act on
the part of the government reclassifying that forest land into agricultural land. Here, the mere
existence of the survey plan of the mangrove forest approved by the Director of Lands would not
have the effect of converting forest land to agricultural land. Also, the Director of Lands has no
authority to reclassify such forest land. It is the Director of Forest Development and now FMB who
has the authority to determine if the public forest land is more valuable for agricultural use rather
than as forest. This would then be the basis for the President to declare the same as agricultural land
and release it for private ownership.

FACTS:

ISSUES:

RULING:

CASE (Yngson vs Secretary of Agriculture)

In this case, it is with the. DENR and FMB to determine if the mangrove and other swamp if it no
longer needed for shore protection and if it is suitable for fish pond. It is then that it may be released
to the BFAR. Pending that determination or release of the DENR and FMB, the BFAR has no
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jurisdiction to administer or to dispose swamp lands or mangrove lands forming part of the public
domain until such lands have been released for fishery or other purposes. This was also reiterated in
the case of Republic vs CA and Marcelo, GR no. L-46048

FACTS:

ISSUES:

RULING:

XIV. Reservation of forest land and offshore areas

Section 18 of PD 705 provides:

- 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, for for any
other purpose, and modify boundaries of existing ones. The DENR Secretary 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.

XV. What happens if during the pendency of the timber concession an executive order was
subsequently enacted ceding to another parcel of land covered by the timber concession. What will
prevail. This is answered in the case of International Hardwood vs UP.

CASE (International Hardwood vs UP)

In this case, during the pendecy of the timber license agreement the portion thereof was ceded to UP
by virtue of the executive order and subsequently a republic act. The question now is whether or not
the timber license agreement is suspended since there was an acknowledgement in a specific
executive order or republic act that the portion of the land of UP was subject to an existing right, the
right of the timber license agreement. The petitioner cannot question the executive order or republic
act since the timber license agreement is a mere privilege and not a right. As such, it can be revoked
for purposes of public policy.
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On the issue of the collection of charges, the fees shall be remitted no longer to the Republic but to
UP which is now the owner of the portion of land by virtue of the executive order which subsequently
became a republic act (54:01). It follows also the the respondent UP is entitled to supervise through
its duly appointed personnel the logging, felling and removal of timber in the area covered by the RA
339.

FACTS:

ISSUES:

RULING:

XVI. Inter-generational Responsibility

CASE (Oposa vs Factoran)

In this case, the children were declared to have legal standing to file a petition on the basis of that
they are the real party in interest who represent their generations yet unborn. The Supreme Court
discussed Section 16 Article 2 of the 1987 Constitution and declared such provision as self-executing
that does not need an enabling law in order for its enforcement and execution.

As to the timber license agreement, it is not a contract within the purview of a non-impairment clause
and thus may be revoked at any time for purposes of public policy (59:04).

FACTS:

ISSUES:

RULING:

XVII. License agreement, license, lease or permit.

Section 20 of PD 705 provides: No person may utilize,, exploit, occupy, or conduct any activity within
any forest land, or establish and operate any wood-processing plant, unless he has been authorized to
do so under a license agreement, lease, license, or permit.
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- You will have to go to the DENR and FMB for the issuance of the permits. And as held in the case of
Ysmael vs Executive Secretary, timber licenses and timber agreements are municipal instruments that
regulates the utilization and disposition of forest resources, to the end that public welfare is
protected. They are merely privileges given by the state to qualify and these do not vest a permanent
and irrevocable right to the particular concessioned area and forest products therein.

CASE (Tan vs Director of Forestry; GR No. L-24548, 10/27/1983)

In this case, the Director of Forestry canceled a concessionaire’s timber license which comprised the
entire area of watershed. The Supreme Court reiterated that a timber license is not a contract within
the purview of due process clause. It is only a privilege which can be validly withdrawn for purposes of
public policy or public welfare.

XVIII. Criminal offenses and penalties

PD 705 as amended by EO 277

Section 68: Cutting, gathering and/or collecting timber, or other forest products without license.

Any person who shall:

- Offenses:

1. cut, gather, collect, removed timber or other forest products from any forest land, or timber from
alienable and disposable public land, or from private land, without any authority; or,

2. possess timber or other forest products without the legal documents as required under existing
forest laws and regulations.

- Penalty: Shall be punished with the penalties imposed in Articles 309 and 310 of the Revised Penal
Code.

- In case of partnerships, 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 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.

- The case of People vs Que will discuss the offenses punished under PD 705 as amended
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CASE (PEOPLE VS QUE)

(1:05:48) In this case, private respondent was prosecuted for possession of timber without the
necessary documents. During trial, private respondent alleged the he validly cut the said timber
products. However, such is of no moment the he validly cut or remove it because he is being
apprehended for possession of the timber products without the necessary documents. PD 705
provides for two (2)offenses that is punishable under Section 68; (1) the cutting, removing or
collecting of timber or forest products without the necessary documents and/or licensees; and, (2)
the mere possession without the necessary legal documents. Here, since Que was not able to present
an evidence on the legality of his possession, then he may be prosecuted under the second offense
provided in Section 68 of PD 705.

FACTS:

ISSUES:

RULING:

Note: You can raise the defense of legality of cutting, gathering, collecting or removing timber or
forest products for the first offense by presenting the authority issued by the DENR.

As to the second offense, it is immaterial that the cutting, gathering, collecting or removing timber or
forest products were valid. You can be prosecuted by the mere possession without the required legal
documents provided by law. Possession may be constructive or actual. There is actual possession if
you are in immediate possession. There is constructive possession if you can exercise dominion over
such thing but you are not in immediate possession.

XIX. Is lumber covered by Section 68. This is discussed in the case of Mustang Lumber vs Court of
Appeals

CASE (MUSTANG LUMBER VS COURT OF APPEALS)

(1:15:28) In this case, the petitioner Mustang Lumber alleged the lumber was not defined in Section
68. What it explicitly provide is that of the timber and it did not mention lumber. However, the
Supreme Court held that possession of either lumber or timber without the required legal documents
is punishable under Section 68 of PD 705. It is settled that in the absence of words to the contrary,
words used in the law should be given their plain, ordinary and common usage. In so far as possession
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of timber is concerned without the required legal documents, Section 68 of PD 705 as amended
makes no distinction between raw or processed timber, neither should we.

FACTS:

ISSUES:

RULING:

XX. JURISDICTION OF THE CRIMINAL OFFENSE

Section 68A. Administrative authority of the Department Head (DENR Secretary) or his duly
authorized representative to 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 the pertinent laws,
regulations or policies on the matter.

However, the filing of the criminal case falls under the jurisdiction of the Regional Trial Court (RTC)
and the venue thereof is the place where the accused was arrested or where the timber or lumber is
found.

As to plea bargaining, in the Rules of Procedure plea bargaining is allowed provided there is consent
of the DENR.

Section 68B. Arrest without warrant. The forest officers or the employees of the Bureau may arrest
even without a warrant any person who has committed or is committing in his presence any of the
offenses defined in this Chapter.

The duty of the arresting officer: he shall also seize and confiscate in favor of the government the
tools and equipment used in the commission of the offense and the forest products gathered or taken
by the offender in the process of committing the offense.
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As a general rule, the arresting officer or employee shall deliver the offender to the proper authorities
within 6 hours from the time of the arrest and the seized articles. (1:19:09). Exception is when the
crime was committed in a place far from the proper authorities.

Humana paminaw ugma sa 1:19:09