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 POLICIES (Sec. 2)

 Multiple use of forests oriented


towards national progress, scientific
advancement and public welfare
 Systematic land classification and
survey
 Establishment of rational wood
processing
 Protection, development and
rehabilitation of forests
 Some Terms (Sec. 3)
• Public forest
• A and D lands
• Critical watershed
• Mangrove forests www.fotopedia.com

• Kaingin (slash and burn


farming)
• Industrial tree plantation
• Multiple use
• Selective logging
• License agreement
• Permit
• Private right
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 IMPLEMENTING AGENCY (Secs. 4 and 5)
 Department of Environment and Natural
Resources (DENR) through the Bureau of
Forest Development (previously from
different agencies under DENR) now called
the Forest Management Bureau.
 JURISDICTION OF B.F.D.
OF DENR (Sec. 5)

ALL forest lands, grazing


lands, forest reserves and
watersheds.

Issuance of forest
permits, leases and
licenses.

Operation of sawmills and


wood processing plants.
 TOPOGRAPHY
[Sec. 15]
 Lands 18% or more
in slope cannot be
A/D lands
• Reversion to forest
lands for those
already declared
A/D before PD
705, unless titled
already

• Lands 50% or
more in slope
cannot be grazing
lands
 AREAS NEEDED FOR
FOREST
PROTECTION (Sec.
16)
 Even if below 18% in
slope, these lands
cannot be A/D:
• Less than 250 has. that
are not contiguous
• Isolated forest patches
• Reforested areas
• Areas in forest
concessions that have
good residual stockings
 AREAS NEEDED FOR
FOREST PROTECTION
(Sec. 16)
 Ridge tops and plateaus
 Appropriate as RROWs
 20 meter strips along
rivers
 20 meter wide mangrove
 National parks, historical
sites, etc.
 Reserves and
sanctuaries
 UTILIZATION AND
MANAGEMENT (Secs. 19
and 20)

 Multiple uses
 Timber License Agreements
(see OPOSA case)
 Permits , Leases and
Licenses for grazing,
operate wood processing
facilities, occupy, possess,
use or exploit forest and
their products
 TIMBER PRODUCTION
[Sec. 22]
 Timber inventory
 Inventory before utilization of
forest lands
 Cutting cycle and Annual
Allowable Cut
 TLAs or forest privilege good
for 25 years plus 25 more.
But forest lands “shall not be
held in perpetuity.”
 WOOD PROCESSING (Secs. 29-32)
 Must be RATIONAL
 REFORESTATION (Secs.
33-36)

 Public lands
• Bare or grass lands
• Open tract lands with forest
patches
• Denuded forest lands
• Inadequately stocked forest
growth
• With pasture leases
• River banks and easements,
RROWs, swamps and deltas
 REFORESTATION (Secs. 33-36)
 Private lands
• Portions that need to be planted with,
based on PD 953 (tree planting along
rivers and subdivisions) and PD 1153, etc.
 FOREST PROTECTION (Secs. 37-
54)

 All forest lands MUST be protected


 Control of concession areas against
kaingin, squatting, insect infestation,
etc..
 SPECIAL USES (Secs. 54-57)

 Pasture
 Wildlife conservation
 Recreation
 Others like lease for sawmills,
 RROWs, camps, bathing, etc.
 QUALIFICATIONS OF
CONCESSIONAIRES
 (Secs. 58-63)
 Use of forest lands to be
DIFFUSED to as many
qualified users
 Filipino equity preferred
(60% owned by them)
 Financial and technical
capabilities
 Rule: forest rights NON-
transferable except under
certain instances
 CRIMINAL OFFENSES
(Secs. 77-87)
 1. Conversion of
Mangrove

 2. Cutting, gathering or
 collecting without
 license

 3. Unlawful occupation,
 kaingin of forest land
  
 CRIMINAL OFFENSES
(Secs. 77-87)

 4. Destruction of wildlife
 5. Pasturing without
permit
 SELECTED JURISPRUDENCE
 FELIPE YSMAEL, ET AL. vs. DEPUTY EXEC. SEC.,
GR No. 79538. Oct. 18, 1990

 MINORS OPOSA, ET AL. vs. SEC. FACTORAN, ET


AL., GR No. 101083. July 30, 1993. 224 SCRA
792

 MUSTANG LUMBER vs. CA, GR No. 104988. June


18, 1996

 PAAT vs. CA, GR No. 111107. Jan. 10, 1997


 SELECTED JURISPRUDENCE
 ERNESTO AQUINO, vs. PEOPLE OF THE PHILIPPINES,
G.R. No. 165448, 2009 Jul 27, 1st Division
 AMADO TAOPA, vs. PEOPLE OF THE PHILIPPINES. G.R.
No. 184098, 2008 Nov 25, 1st Division
 THE SEC. of DENR, ET AL.vs. MAYOR JOSE S. YAP,,ET
AL., G.R. No. 167707, 2008 Oct 8, En Banc.
 SESINANDO MERIDA, vs. PEOPLE OF THE
PHILIPPINES, G.R. No. 158182, 2008 Jun 12, 1st
Division
 PICOP RESOURCES, INC., vs. BASE METALS MINERAL
RESOURCES CORPORATION, and THE MINES
ADJUDICATION BOARD. G.R. No. 163509, 2006 Dec
6, 3rd Division.
 SELECTED JURISPRUDENCE
 NATIONAL HOUSING AUTHORITY, vs. PEDRO BAELLO,
ET AL.. G.R. No. 143230, 2004 Aug 20, 2nd Division
 VIRGILIO BON, vs. PEOPLE OF THE PHILIPPINES,
respondent., G.R. No. 152160, 2004 Jan 13, 1st
Division)
 ALFREDO Y. CHU, vs. JUDGE CAMILO E. TAMIN, A.M. No.
RTJ-03-1786, 2003 Aug 28, 1st Division
 DENR, vs. GREGORIO DARAMAN, NARCISO LUCENECIO
and Hon. CLEMENTE C. ROSALES, Presiding Judge. G.R.
No. 125797, 2002 Feb 15, 3rd Division
 THANK YOU VERY MUCH!

 OOPs. That is not me. 