PRESIDENTIAL DECREE NO. 705

(Incorporating amendments introduced by P.D.No.1559)

REVISING PRESIDENTIAL DECREE NO. 389, OTHERWISE KNOWN AS THE FORESTRY REFORM CODE OF THE PHILIPPINES

WHEREAS, proper classification, management and utilization of the lan

ds 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 the 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 reoriented government programs, project and efforts on the proper classifications 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 to the person system of classification for the determination of which lands are needed for forest purposes and which are not.

b) Permanent forest or forest reserves refers to those lands of the public domain which have been the subject of the present system of classification and declared as needed for forest purposes.

c) Alienable and disposable lands refers 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 Environment and 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 those 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 fish and closed to hunting and fishing in order that the excess population may flow and restock surroundings 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 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, whether occupied or not, 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 geological 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 treecrops primarily to supply the raw materials 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) Agroforestry is a suitable management farm and which increases overall production combines agricultural crops, tree crops and forest plants and/or animals simultaneously or sequentially and applies management practices which are compatible with the cultural patterns of the local populations.

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, over mature 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 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, paperboard, 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 limited activity within any forest land without any right of occupation and possession therein.

gg) Annual allowable cut is the volume of materials, whether of wood or other forest product, 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 interaction.

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 of 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 of 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 excludes productive forest inclusive of logged-over areas, commercial forest and established plantation of forest trees and trees of economic value.

nn) Person includes natural as well as juridical person.

CHAPTER II
CLASSIFICATION AND SURVEY

SEC. 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 laws, 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 reserves. He shall declare those classified and determined not 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 remains as part of the public forest.

SEC. 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 remains 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".

SEC. 15. Topography - No land of the public domain eighteen percent (18%) in slope or over shall be classified as alienable and disposable nor any forest land fifty percent (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 or approved public land application 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: Provide, That said lands which are not yet part of well-established communities, shall be kept in 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.

SEC. 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 forested;

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-or-way;

7) Twenty-meters 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 swampland 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 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 site:

Provided, That in case an area falling under 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.

SEC. 17. Establishment of Boundaries of Forest Lands - All boundaries between permanent forests and alienable or disposable lands be clearly marked on the ground, with infrastructure or roads, or concrete monuments at intervals of not more 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 the boundary conflicts, references shall be made to the Philippine Coast and Geodetic Survey Topo map.

SEC. 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

SEC. 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 shall be evaluated and weighted before allowing the 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 public welfare, without impairment or with the least injury to its resources, shall be allowed.

All forest reservations may 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 no be subject to hunting or fishing and or activities of commercial nature.

SEC. 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 operate any wood or forest products processing plant, unless he has 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 violations of any of the conditions therein such as those pertaining but not limited to reforestation, pollution, environmental protection, export limitation or such conditions as are prescribed by the Minister of Natural Resources in daily issued regulations.

SEC. 21. Sustained Yield - All measures shall be taken to achieve an approximately balance between growth and harvest or use of forest products in forest lands.

A. TIMBER

SEC. 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 shall be practiced.

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, adopted: Provided, further, That no authorized person shall cut, harvest or gather any timber, pulpwood or any 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 immediate cancellation of license, agreement, lease or permit.

SEC. 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.

SEC. 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 percent (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.

SEC. 25. Cutting cycle - The Bureau shall apply a 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.

SEC. 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, 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".

SEC. 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 unclogged or logged-over area.

It shall be a condition for the continued privilege to harvest timber under any license or license agreement that the license shall reforest all the areas which shall be determined by the Bureau.

SEC. 28. Size of Forest Concessions - Forest lands shall not be held in perpetuity.

The size of 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 concession which had been the subject of consolidations shall reviewed and reevaluated 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.

C. REFORESTATION

SEC. 33. Lands to Be Reforested and/or Afforested - Lands to be reforested and/or afforested are as follows:

1. Public forest lands

a). Bare or grass-covered tracts of forest lands;

b) Brushlands or tracts of forest lands generally covered with brush, which need to be develop to increase their activity;

c) Open tracts of forest lands interspersed with patches of forest;

d) Denude 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;

e) Inadequately-stocked forest lands within forest concessions;

f) Portions of areas covered by pasture leases or permits needing immediate reforestations;

g) River bank, easements, roads right-of-ways, deltas, swamps, former river beds, and beaches.

2. Private Lands

a) Portions of private lands required to be reforested or planted to trees pursuant to Presidential Decree Nos. 953 and 1153 and other existing laws.

SEC. 34. Industrial Tree Plantations, Tree Farms and Agroforestry Farms - A lease for a period of fifty (50) years for the establishment of an industry tree plantation, tree farm or agroforestry 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 categories in Section 33 (1) hereof except those under paragraphs (d) and (g) with a minimum area of hundred (100) hectares for industrial tree plantations and agroforestry farm 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 materials needs of forest-based industries and the maintenance of a wholesome ecological balance.

Trees and other products raised within the industrial tree plantation, tree farm or agroforestry farm belong to the lessee who shall have the 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 portions thereof, which upon field evaluation are found to be more suitable for, or can be better developed as industrial tree plantations, tree farms or agroforestry in terms of benefits to the Government and the general surrounding area, may be the subject of a lease under this section.

D. FOREST PROTECTION

SEC. 37. Protection of All Resources - All measures shall be taken to protect the forest resources from destruction, impairments and depletion.

SEC. 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 exclusion 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 the license agreement to over a forest area expressly or implied waives the privilege to utilize any soft wood, 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 found but he shall, likewise, adopt protection and conservation measures consistent with those adopted by the license agreement holder in the said areas.

SEC. 39. Regulations of Timber Utilization in All Other Classes of Lands and of Wood-processing Plants - The utilization of timber in alienable and disposable lands, private lands, civil reservations 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 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.

SEC. 40. Timber Inventory in Other Lands Containing Standing or Felled Timber - The Bureau shall conduct a one hundred percent (100%) timber inventory in alienable and disposable lands and civil reservations immediately upon classifications or reservation thereof.

No harvest of standing or felled timber in alienable and disposable lands, private lands, civil reservations, 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.

SEC. 41. Sworn Timber Inventory Reports - All reports on timber inventories of forest lands, alienable and disposable lands, private land, 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.

SEC. 42. Participation in the Development of Alienable and Disposable Lands and Civil Reservations - The privilege to harvest 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 agency exercising jurisdiction over the same.

The extent of participation shall be based on the amount of timber which may be harvested therefrom.

SEC. 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 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.

SEC. 51. Management of Occupancy in Forest Lands - Forest occupancy shall henceforth be managed. The bureau shall study determine and definite which lands may be the subject of occupancy and prescribed therein, an agroforestry 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 be 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.

SEC. 52. Census of Kaingineros, Squatters, Cultural Minorities, and Other Occupants and Residents in Forest Lands - Henceforth, no person shall enter into the 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.

SEC. 53. Criminal Prosecution - Kaingineros, squatters, cultural minorities and other occupants who entered into forest lands before the effectivity of this Code, without permits 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 which will be imposed upon them by the Bureau in accordance with a management plan calculated to conserve and protect forest resources.

E. SPECIAL USES

SEC. 54. Pasture in Forest Lands - No forest land 50% in slope or over may be 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 may be 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.

SEC. 57. Other Special Uses of Forest Lands - Forest lands, may be leased for a period not exceeding twenty-five (25) years, renewable upon expiration thereof for a similar period, or held under permit, for the establishment of sawmills, lumber yards, timber depots, logging camps, right-of-way, or for the construction of sanatoria, bathing establishment, camps, salt works, or other beneficial purposes which do not in any way impair the forest resources therein.

CHAPTER IV

CRIMINAL OFFENSES AND PENALTIES

SEC. 68. Cutting Gathering and/or Collecting Timber or Other Products Without License - Any person who shall cut, gather, collect, or remove timber or other forest products from any forest land, or timber from alienable or disposable public land or from private land whose title has no limitation on the disposition of forest products found therein, without any authority under a license agreement, lease, license or permit shall be punished with the penalty imposed under Arts. 309 and 310 of the Revised Penal Code: Provided, That in the case of partnership, association or corporation, the officers who ordered the cutting, gathering or collecting 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 forest products so cut, gathered, collected or removed as well as the machinery, equipment, implements and tools used therein and the forfeiture of his improvements in the area: Provided, That the timber or forest products cut, gathered, collected or removed from a license area shall be delivered to the licensee, lessee, or permitee in whose area the forest products were cut, gathered, collected or removed, free from claims of the illegal cutter, but subject to the payment of the corresponding forest charges. Should the license refuse to accept the products, the same may be confiscated in favor of the government to be disposed in accordance with law, regulation or policy on the matter.

SEC. 69. Unlawful Occupation or Destruction of Forest Lands and Grazing Lands - Any person who enters and occupies or possesses or makers kaingin for his own private use or for others, any forest land 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 cause any damage to the timber stand and other products and forest growth found therein, or who assists, aid or abets any other person to do so, or sets fire, or negligently permits a fire to be set 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 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 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 restoration 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 Courts shall further order the eviction of the offender from the land and 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.

SEC. 70. 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 improvement 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.

SEC. 71. Illegal Occupation of National Park System and Recreation Areas and Vandalism Therein - Any person who shall, without permit, occupy for any length of time any portion of the national park 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 park system shall be fined not less than two hundred (P200.00) pesos or more than five hundred (P500.00) 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 for the restoration of the damage; Provided, Further That any person who without proper permit shall hunt, capture or kill any kind of birds, fish or wild animal life within any 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 of 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 of a city or municipal government is primarily responsible for detecting and convicting the violator of the provisions of this Section, fifty percentum (50%) of the fine collected shall accrue to such municipality or city for the development of local parks.

SPECIAL CLAUSES

SEC. 81. Separability Clause - Should any provision herein be subsequently declared unconstitutional, the same shall not affect the validity or the legality of the other provisions.

SEC. 82. 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.

SEC. 83. Date of Effectivity - This Code shall take effect immediately upon promulgation.

Done in the City of Manila, this 19th of May, in the year of Our Lord, Nineteen Hundred and Seventy-Five.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. In order to promote and conserve the beauty of objects of scenic and ornamental value along public places and help preserve cool,fresh and healthful climate, it is the policy of the Government to cherish, protect and conserve planted or growing trees, flowering plants and shrubs or plants of ornamental value along public roads, in plazas, parks, school premises or in any public ground.

SEC. 2. For the purpose of carrying out effectively the provisions of this Act, the Director of Parks and Wildlife shall have the power to create a committee in each and every municipality in the Philippines and shall appoint any civic conscious and well-travelled citizen as chairman, and the municipal mayor, the municipal treasurer, the supervising school teacher, and the municipal health officer, as ex-officio members thereof. The Director of Parks and Wildlife shall also have the power to issue and promulgate rules and regulations as may be necessary in carrying out the provisions of this Act.

The chairman shall receive compensation of one peso per annum to be paid out of the funds of the city or municipality concerned, and the members shall not receive extra compensation. The committee shall have the power to implement the rules and regulations issued by the Director of Parks and Wildlife under the provisions of this Act.

The committee shall coordinate with the Director of Parks and Wildlife in the beautification of their respective locality and shall under its supervision, require school children on Arbor Day to plant trees and flowering plants of useful and scenic value in places provided for in the preceding paragraph.

SEC. 3. No cutting, destroying, or injuring of planted or growing trees, flowering plants and shrubs or plants of scenic value along public roads, in plazas parks, school premises or in any other public ground shall be permitted save when the cutting, destroying, or injuring of same is necessary for public safety, or such pruning of same is necessary to enhance its beauty and only upon the recommendation of the committee mentioned in the preceding section, and upon the approval of the Director of Parks and Wildlife. The cutting, destroying, or pruning shall be under the supervision of the committee.

SEC. 4. Any person who shall cut, destroy or injure trees, flowering plants and shrubs or plants of scenic value mentioned in the preceding sections of this Act, shall be punished by prison correctional in its minimum period to prison mayor in its minimum period.

SEC. 5. All laws, Acts, parts of Acts, executive orders, and administrative orders or regulations inconsistent with the provisions of this Act, are hereby repealed.

SEC. 6. This Act shall take effect upon its approval.

Approved, June 21, 1963

Be it enacted by the Senate and House of Representative of the Philippines in Legislature assembled and by the authority of the same:

SECTION 1. The cutting in the public forests of tindalo, akle, or molave trees less than sixty centimeters in diameters measured at a height of four feet from the ground (breast high) is hereby prohibited.

SEC. 2. Any person, company or corporation violating the provisions of this Act shall be punished by a fine of not more than fifty pesos or imprisonment for not more than fifteen days, or both, and to pay, besides, two times the amount of the tax on the timber cut: Provided, That in the case of a company or corporation, the president or manager shall be directly responsible for the acts of his employees or laborers if it proven that the latter acted with his knowledge; other wise the responsibility will extend only as far as fine is concerned: Provided, Further, That all tindalo, akle, or molave timber cut in violation of this Act shall be forfeited to the Government.

SEC. 3. All acts and provisions of law inconsistent herewith are hereby repealed.

SEC. 4. This Act shall take effect on its approval.

Approved, November 26, 1929.