EIGHTEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
SENATE 
S. No. 1799
August
DATE
TiME¥
Introduced by SENATOR RAMON BONG REVILLA, JR.
AN ACT
PROVIDING FOR THE SUSTAINABLE MANAGEMENT OF FOREST AND 
FOREST LANDS AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Forests are our lifelines. They provide us with practically all of our needs, from 
food, water, and clean air to community resilience, prevention of outbreaks, protection 
against effects of climate change, and even calmness of mind. Thus, threats to the 
existence and health of our forests are direct threats to the survival of humankind.
Unfortunately, Philippine forests have been degraded, deforested and 
overexpioited through the years. The country has only over 20% of forest cover. This 
is far from the ideal 40-50% forest area in relation to land that is needed to sustain 
ecologicai balance, protect communities from landslides, and ensure availability of 
water. We are also losing 47,000 hectares of forest cover every year.
This biil seeks to provide a poiicy on sustainable management of forests and 
forest resources. Specifically, it has the following objectives:
1. Strengthen institutional mechanisms to respond to forest management 
concerns namely, development and regulation of the forest-based 
industries, law enforcement, and management of watershed;
2. Create the Sustainable Forest Development Fund as a support mechanism 
for funding requirements of forest management units;


3. Reconstitute the Forest Management Bureau to be a more responsive and 
proactive administrator, manager and protector of forests and forest 
resources;
4. Ensure that required forest cover is achieved to maintain the provision of 
ecologicai services.
Lastly, this proposal aims to ensure that the coming generations wiil continue 
to enjoy and experience the wide array of benefits that our forests generously provide.
This measure has aiready been approved on Third and Final Reading by the 
House of Representatives during the Third Regular Session of the Seventeenth 
Congress.
In this light, the immediate passage of this biil is highly recommended.
RAMOT^/^O^REmLA, 3R.


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EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
)
SENATE 
S. No. 1799
August 27
¥
Introduced by SENATOR RAMON BONG REVILLA, 3R.
AN ACT
PROVIDING FOR THE SUSTAINABLE MANAGEMENT OF FOREST AND 
FOREST LANDS AND FOR OTHER PURPOSES
BassembledfbV Senate andHouse of Representative of the Philippines in Congress
ARTICLE I
GENERAL PROVISIONS
Section 1. Short Title. - This Act shall be known as the "Sustainable Forest 
Management Act'.
Sec. 2. Declaration of Policy. — It is a policy of the State to promote social 
justice and the general welfare in all phases of national development; protect and 
advance the right of the Filipino people to a balanced and healthful ecology in accord 
with the rhythm and harmony of nature; and to conserve and develop the patrimony 
of the nation. Therefore, the State hereby adopts the following policies for the
sustainable management and conservation of forest lands and forest resources found 
therein:
(a) The specific limits of forest lands, after these have been fixed and 
demarcated, shall not be altered, except through an act of Congress;
(b) The use and conservation of forest lands and forest resources found therein 
shall bear social, cultural, ecological, biological and economic functions, 
responsibility and accountability to promote the common good of present 
and future generations;


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(c) The protection of forest ecosystem, as well as rehabilitation through 
reforestation and afforestation of the degraded forest ecosystem shall be 
given priority to mitigate climate change, improve and conserve 
biodiversity, enhance ecosystem functions and services and provide long­
term economic benefits;
(d) Forest lands shall be partitioned and planned into forest management units 
(FMUs) based on natural topographic and hydrologic boundaries and shall 
consider the watershed continuum approach which adopts a holistic Inter­
relationship between the upstream and downstream areas In order to carry 
out efficiently the rational ecological treatment of the entire landscape from 
the mountain down to the coast;
(e) The management, protection, conservation and development of forest 
resources shall be done in an integrated, inclusive, developmental, and 
sustainable manner, focusing on the forest resource and the people who 
manage, conserve and benefit from it.
Sec. 3. Objectives. - The general objective of this bill is to optimize the 
utilization of forest resources to support sustainable development of the country by 
providing equitable access and benefit to stakeholders. The specific objectives are:
(a) To deregulate the management of forest lands and forest resources;
(b) To provide sustainable livelihood and enterprises especially among those 
depending and temporarily residing in forest lands;
(c) To strengthen institutional mechanism to respond to forest management 
concerns namely, development of the forest industry; law enforcement;
, and management of watershed;
(d) To create the Sustainable Forest Development Fund as a support 
mechanism for funding requirements of forest management units;
(e) To reorient the role of Forest Management Bureau to be more responsive 
and proactive consistent with the objectives of this Act;
(f) To ensure that required forest cover Is achieved to maintain the provision 
of ecological services.
Sec. 4. Scope and Coverage. - The provisions of this Act shall apply to all forest 
lands and all forest resources in lands over which the Philippines has sovereignty and


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jurisdiction: Provided, That all forest lands and forest resources found in protected 
areas established under the National Integrated Protected Areas System (NIPAS) shall 
be sustainably managed and developed following the principles of this Act and 
consistent with the provisions of Republic Act No. 7586, or the "National Integrated 
Protected Areas System Act of 1992", as amended by Republic Act No. 10629, and 
Republic Act No. 11038, or the "Expanded National Integrated System Act of 2018"; 
Provided further. That all wildlife resources and critical habitats found in forest lands. 
Including alienable and disposable lands, shall be governed by Republic Act No. 9147, 
or the "Wildlife Resources Conservation and Protection Act"; Provided furthermore, 
that the rights of Indigenous Cultural Communities and Indigenous Peoples to their 
ancestral lands shall be respected, as provided for in Republic Act No. 8371 or the 
"Indigenous Peoples' Rights Act of 1997"; Provided finaiiy, that all forest lands under 
the management and administration of local government units and other government 
agencies or instrumentalities shall be managed in accordance with their duly legislated 
charters and the principles and provisions of this Act.
Sec. 5. Definition of Terms. ~ As used in this Act:
(a) Biodiversity - refers to the variability among living organisms from all 
sources, including, inter aiia, terrestrial, marine, and other aquatic 
ecosystems in the ecological complexes they are part of;
(b) Ciimate change - refers to a change In climate that can be identified by 
changes in the mean and/or variability of its properties and that persists for 
an extended period, typically decades or longer whether due to natural 
variability or as a result of human activity;
(c) Ciimate change adaptation - refers to the adjustment in natural or human 
systems In response to actual or expected climatic stimuli or their effects, 
which moderates harm or exploits beneficial opportunities;
(d) Ciimate change mitigation - refers to human intervention to reduce 
anthropogenic emissions by sources and removals by sinks of all 
greenhouse gases including ozone depleting substances and their 
substitutes;
(e) Ecosystem- refers to a community of living organisms Interacting with each 
other and with their physical environment;


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(f) Ecotourism- refers to form of sustainable tourism within a natural and/or 
cultural heritage area where community participation, protection and 
management of natural resources, culture, and indigenous knowledge and 
practices, environmental education and ethics, as well as economic benefits 
are fostered and pursued for the enrichment of host community and 
satisfaction of visitors;
(g) Forest- refers to an ecosystem or an assemblage of ecosystems dominated 
by trees and other natural vegetation; a community of plants and animals 
interacting with one another and its natural environment;
(h) Forestland- refers to land of the public domain classified as needed for 
forest purposes, including both production and protection. They shall 
include all forest reserves of the public domain;
(i) Forest Management Unit (FMU) - refers to a clearly defined forest area 
assigned for management based on a set of objectives and a long-term 
watershed-based management plan. All current forest tenurlal Instruments 
may be considered FMUs;
(j) Forest-based Industries- refer to various industries that are dependent on 
raw materials or products derived from forests such as, but not limited to, 
wood, rattan, bamboo, vines, latex, resins, saps, essences, fruits, flowers, 
or wild flora and fauna;
(k) Forest resources - refer to all products and resources whether biomass 
such as plants and animals including its by-products and derivatives, which 
can be a raw material, or non-biomass such as soil, water, scenery, as well 
as the intangible services and values present in forest lands or in other 
lands devoted for forest purposes;
(l) Forest Reforestation - refers to a management strategy applied in 
degraded primary forest to enhance and accelerate natural processes of 
forest regeneration in order to regain the elastic capacity of forest 
ecosystem;
(m) Indigenous species- refer to species or genotypes that have evolved in the 
same area, region or biotope and are adapted to the specific predominant 
ecological conditions at the time of establishment;


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(n) Multiple-Use- refers to harmonized utilization of land, soil, water, wildlife, 
recreation, value, grass and timber of forest lands;
(o) Natural forest- refers to a forest composed of naturally growing indigenous 
trees, not planted by man, whose structure, composition and dynamics 
have been largeiy the resuit of naturai succession process;
(p) Non-timber forest products- refer to all biological materials and derivatives 
other than timber;
(q) Plantation - refers to forest stand established by planting and/or seeding 
in the process of afforestation or reforestation. The stand is of either 
introduced species (all planted stands), or an intensively managed stand of 
any indigenous species, which meets all the following criteria: one or two 
species at plantation, even-aged class, and regular spacing;
(r) Processing Plant- refers to any establishment or infrastructure housing any 
mechanical set-up, device, machine, or combination of machines used for 
the conversion of logs and other forest raw materials into lumber, 
fiberboard, pulp, paper, or other finished wood products;
(s) Reforestation - refers to the estabiishment of forest plantations on 
temporarily un-stocked lands that are considered as forests;
(t) Sustainable Forest Management- refers to the process of watershed-based 
management of forest land and resources to achieve one or more clearly 
specified objectives of management with regard to the continuous 
production of desired forest products and the delivery of ecosystem services 
without undue reduction of its inherent vaiues, biodiversity, and future 
productivity and without undesirabie effects on the physical and social 
environment;
(u) Watershed- refers to the land area drained by a stream or fixed body of 
water and its tributaries having a common outlet for surface runoff. A 
watershed can be part of a larger landscape that includes connections from 
the headwaters to the reef.
ARTICLE II
ADMINISTRATION, DEVELOPMENT, MANAGEMENT AND UTILIZATION 
OF FOREST LANDS AND FOREST RESOURCES


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Sec. 6. Administration/ Development, Management and Utilization of Forest 
lands. - Forest lands and forest resources shall be under the full supervision and 
control by the State. The development and utilization thereof shall be under the State's 
full control and supervision. The State may directly undertake such activities or may 
enter into agreements with qualified persons to receive technical assistance and 
appropriate incentives.
The Forest Management Bureau, hereinafter referred to as the FMB, shall be 
the primary government agency responsible for the administration, development, 
management and utilization of forest lands as defined in this Act. It shail have the 
authority to enter into management agreements or issue tenure instruments on behalf 
of the Government, promulgate rules and regulations for the effective enforcement of 
this Act, and administratively adjudicate offenses provided for in this Act in order to 
faciiitate the speedy resolution of forestry-reiated cases.
Sec. 7. Categories of Forest lands. — For the purpose of administration, 
development, management and utilization, forest lands shall be categorized into 
ancestral forest lands, private forest lands, and public forest lands.
(a) Ancestral forest lands are ancestral lands and domains defined as such 
under Republic Act No. 8371, otherwise known as the "Indigenous Peoples 
Rights Act of 1997."
(b) Private forest lands are alienable and disposable lands registered under the 
current land registration system of the country which are devoted for 
forestry purposes.
(c) Public forest lands shall include all lands of the public domain that have not 
been declared as a National Park under Section 5 of Republic Act No. 7586, 
otherwise known as the "National Integrated Protected Areas System Act 
of 1992," as amended by Republic Act No. 11038; mineral lands pursuant 
to Republic Act No. 7942 otherwise known as the "Philippine Mining Act of 
1995," and those lands not classified as agricultural based on the maps 
developed by the National Mapping and Resources Information Authority 
(NAMRIA).
Sec. 8. Demarcation and Delimitation. - Within five (5) years from the approval 
of this Act, the DENR shall demarcate on the ground the actual land classification lines.


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in coordination with LGUs and agencies assigned by iaw to administer and manage 
forest lands or parts thereof; Provided, That the DENR Secretary, upon completion of 
the actual assessment of the demarcated land classification lines, shall recommend to 
Congress the delimitation of the forestlands found to be suitable and capable for its 
purpose.
Public forest lands shall not be reclassified, except through an act of Congress.
Sec. 9. Management of Forest Lands. - For purposes of management and 
planning, all forest lands shall be managed for protection or production purposes only.
(a) Protection Forest Lands - All areas within the forest lands designated or set 
aside as such shall constitute the protection forest lands. They shall consist 
of the following:
(1) Virgin forest and old-growth, dipterocarp forest;
(2) All areas one thousand (1,000) meters above sea level;
(3) All areas with a slope of fifty percent (50%) or more;
(4) All areas along the bank of rivers and streams, and the shores of the 
seas and lakes throughout entire length and within a zone of three 
(3) meters In urban areas, twenty (20) meters in agricultural areas 
and forty (40) meters In forest areas, along their margins which are 
subject to the easement of public use.
All extractive activities, including harvesting, gathering, and collection of forest 
resources except planted mangrove species and non-timber forest products, are 
prohibited within forest lands for protection purposes. However, the sustainable 
traditional resource rights of Indigenous peoples shall be respected.
Only indigenous species shall be planted or Introduced within protection forest
lands.
(b) Production Forest Lands - All public forest lands not classified as protection 
forest lands, pursuant to this Section, shall constitute the production forest 
lands of the country. These lands shall be devoted for the production of 
timber and non-timber forest products to supply the domestic forest 
resource demand of the country and facilitate International trade of forest 
resources.


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Sec. 10. Forest Management Units. - For purposes of assigning respective areas 
of operations and management, aii pubiic forest or timber iand shaii be assigned and 
registered as "Forest Management Units" (FMUs) with the DENR; Provided, That aii 
areas under an existing and vaiid tenure agreement or management arrangement with 
the DENR before the passage of this Act shaii be considered as FMUs.
The FMU shaii be managed for protection and/or production purposes. 
Protection FMUs shaii have the primary function of protecting iife support systems to 
reguiate water, prevent flooding, control erosion, prevent seawater intrusion, maintain 
soil fertility, and of conserving plant and wildlife biodiversity and their ecosystem. 
Production FMU shall have the primary function of producing forest products, food, 
energy and/or fresh water among others.
Sec. 11. Quaiified Managers of FMUs. - To ensure effective management of 
forest lands, managers of FMUs shall be confined to qualified and capable persons, or 
entities which include indigenous and local households, civil society organizations, 
business organizations, forest land use tenure holders, and dedicated national and 
local government units Including government-owned and -controlled corporations 
subject to the requirements to be provided In the implementing rules and regulations 
of this Act.
Section. 12. FMU Deveiopment and Management Manning. - Every FMU shall 
have a management plan, formulated by the FMU Manager that were reviewed and 
concurred by a Registered Professional Forester which shall be approved by the DENR. 
The FMU management plans shall contain the following:
(a) FMU management objective;
(b) Description of the physical, environmental, socio-economic, and 
administrative profile of the FMU;
(c) Mapping and zoning of the FMU into production and high conservation value 
- forest zones;
(d) Management prescriptions to be applied In each zone to meet the FMU 
management objectives;
(e) Implementation plan; and
(f) Expected benefits and impacts of the plan.


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Sec. 13. Sustainable Management of Mangrove Resources. - Mangrove species 
planted within protection or production forest lands can be harvested, gathered or 
collected, taking into consideration the basic forestry policies and strategies provided 
for in this Act. The harvesting, gathering and collection of mangrove species shall be 
upon the authority provided for by the Bureau.
Sec. 14. Mined-out Areas and Abandoned Fishpond Areas. — The management 
and administration of all forest lands that are considered as either mined-out areas or 
abandoned fishpond lease areas shall be reverted back to the FMB.
Sec. 15. Utilization of Forest Resources. - The harvesting, gathering and 
collection of all planted forest resources within production forest lands and private 
forests. Including its by-products and derivatives, shall not require any clearance from 
the DENR: Provided, That any request for clearances for domestic transport of forest 
resources submitted to the DENR shall be acted upon within seven (7) days from the 
date of its submission with the proper office. After a lapse of seven (7) days and no 
action has been taken by the DENR, the clearance for transport is deemed approved.
The harvesting, gathering, collection and transport of non-timber forest 
products within production forest lands shall be exempt from any clearance from any 
government Institution.
All timber and non-timber forest products planted within private lands shall 
belong to the owner of the land who shall have the right to harvest, gather, and collect 
the same without any clearance from any government institutions.
Sec. 16. Regulation and Utilization of Forest Resources within Ancestral Forest 
Lands. - The rights of the Indigenous cultural communities or indigenous peoples over 
their ancestral forest lands shall be respected: Provided, That management of forest 
resources within those lands shall be regulated by the DENR as provided for by laws, 
rules and regulations.
ARTICLE III
FOREST-BASED INDUSTRIES
Sec. 17. Development of an Open and Competitive Market for Forest Resources. 
- To meet the demands for forest goods and services of the country, the State, 
through the DENR shall promote and rationalize the establishment, operations and


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development of forest-based industries. The DENR shall institute measures to develop 
an open and competitive market for forest products including among others the 
liberalization of forest products, harvesting, transport and marketing.
Sec. 18. Export of Certified Forest Products. - No person shall sell or offer for 
sale any forest resources in the international market without complying with the 
certification system established by the Government. Failure to adhere to the 
established standards, or any act of falsification shall be sufficient cause for the 
cancellation of export licenses and other permits authorizing the manufacture or sale 
of such resources.
Sec. 19. Reguiation of Forest-based Industries. - All processing plants using 
forest resources as raw materials shall be subject to existing regulations prescribed by 
law, including the Environmental Impact Assessment (EIA) System; Provided, That 
these processing plants are registered with the Department of Trade and Industry 
(DTI) as well as clearance from the Local Government Unit to operate.
Sec. 20. Enhance Private Investments and Economic Contribution. - Forest- 
based industries shall be supported to promote global competitiveness, support 
demands for wood and other products, and enhance economic contribution to the 
country. Appropriate incentives shall be provided such as establishment of 
agroforestry economic zones in order to ease the conduct of business and attract local 
and foreign investments that are mutually beneficial to the government, concerned 
communities, partner organization and the investors concerned.
Sec. 21. Community-Based Forest Enterprises. - Economic activities and 
practices of local communities, including indigenous cultural communities and 
indigenous peoples, on forest-based enterprises, including non-timber forest products, 
that promote the sustainable use of forest resources shall be supported and promoted 
to address food security and improve quality of life.
ARTICLE IV
EMPOWERING AND ENABLING CONDITIONS FOR 
SUSTAINABLE FOREST MANAGEMENT
Sec. 22. Forest Land Use and Tenure Instruments. - The State, represented by 
the DENR, may undertake the exploration, development and utilization of forest lands
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and forest resources found therein with quaiified persons, whether natural or juridical,
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through tenure instruments.
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Sec. 23. Forest Management Agreement - The State, through the DENR and
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a qualified person, whether natural or juridical, may enter into a Forest Management
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Agreement for the exploration, development, and utilization of forest lands and forest
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resources found therein. The Forest Management Agreement shall have a duration of
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twenty-five (25) years and may be extended for another twenty-five (25) years.
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Sec. 24. Scope of Forest Management Agreement - The Forest Management
9 
Agreement may be entered into for the following purposes:
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(a) Agroforestry plantations (in accordance to the standards of the DENR)
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Forest plantation development;
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(b) Forest plantation development with processing plant;
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(c) Ecotourism development; and
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(d) Special uses for forest lands.
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A Forest Management Agreement may be entered Into for a single purpose or
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a combination of any of the abovementioned purposes.
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Sec. 25. Special Uses of Forest Lands. - A Forest Management Agreement may
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be entered Into for a special use of forest land which shall Include the following:
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(a) Dry Dock Site;
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(b) Industrial Processing Site;
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(c) Herbal or Medicinal Plantation;
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(d) Fish Drying Site;
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(e) Communication Station Site;
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(f) Public Landing Site or Airstrip;
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(g) Log Pond or Log Depot;
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(h) Lumber Yard;
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(i) Motor Pool Site;
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(j) Power Station Site;
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(k) Transmission Line Site;
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(I) Right-Of-Way;
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(m)Farm-to-market Roads;
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(n) Government Facility Site (e.g. schools, clinics, satellite offices, among 
others);
(o) Water Reservoir;
(p) Renewable energy projects;
Provided, That for government facilities or Infrastructures like farm-to-market 
roads, public school sites, public hospitals or clinics, etc. shall be free from any fee, 
charge or other pecuniary obligations under the Forest Management Agreement.
Sec. 26. Qualified Persons. - The following persons are qualified to enter into 
a Forest Management Agreement with the State:
(a) Filipino citizens;
(b) Corporations or associations at least sixty percent (60%) of whose capital 
Is owned by Filipinos;
(c) Local government units, when the purpose of the Forest Management 
Agreement is for public use or the establishment of government centers 
and facilities; or
(d) Other National Government Agencies or Government-Owned or -Controlled 
Corporations, when the purpose of the Forest Management Agreement is 
for national interest, like transmission lines, water reservoirs, or distribution 
lines for electricity.
Sec. 27. Production Sharing. - The following schemes shall be observed by the 
Parties to a Forest Management Agreement in relation to the sharing of benefits 
derived from the agreement:
(a) Forest Plantations, Forest Plantation with Processing Plants. The sharing of 
outputs from Forest Management Agreements entered into for the purpose 
of developing and managing forest plantations, and forest plantations with 
processing plants shall be based on the total gross output of the plantation 
harvests. Said sharing shall be done in a manner advantageous to national 
interest without prejudice for incentives that may be described by the 
DENR.
(b) For ecotourism purposes, the person who entered into a Forest 
Management Agreement with the State for the purpose of ecotourism or 
other special uses for forest lands shall have the obligation to pay an annual
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users fee equivalent to five percent (5%) of the nearest commercial zonal 
value per square meter or a fraction thereof.
(c) Government facilities or infrastructures. Non-income generating 
government facilities such as public school sites, public hospitals or clinics, 
government center or offices, roads, farm-to-market access roads and 
public buildings are exempt from paying any fee or other pecuniary 
obligation with the State. Provided, That the use of these establishments 
or infrastructures shall not be subject to privatization.
Sec. 28. Forestry Research, Education, Training and Extension. — Research and 
technology development for the Ecosystems Research and Development Bureau, 
Forest Products Research and Development Institute, Universities, and other research 
Institutions shall be strengthened to support sustainable management of forest 
resources. For this reason. Forestry Development Center of the University of the 
Philippines Los Banos shall lead In forest policy research In collaboration with schools, 
universities and colleges (SUCs), as well as other stakeholders.
The DENR, the Department of Science and Technology, the Commission on 
Higher Education, and Universities, within one (1) year from the passage of this Act, 
shall prepare a comprehensive sustainable national fore^ry and environmental 
research and technology development and transfer program in furtherance of 
sustainable forest management, which shall be implemented, monitored, and 
reviewed in accordance with existing research management systems.
Forestry education in the Philippines shall be rationalized to ensure the quality 
of formal forestry education and establish, support, and sustain the national and 
regional centers of development and excellence In forestry and environment education 
to develop high quality human resources and promote global competitiveness. The 
Commission on Higher Education shall include forest ecology and environment courses 
in general education curricula. The DENR shall formulate a nationwide program for 
sustained public information and advocacy campaign for forests and natural resources 
conservation, sustainable forest management, and climate change.
Sec. 29. The Sustainabie Forest Deveiopment Fund. - A Sustainable Forest 
Development Fund (SFDF) is hereby established to provide concessional financing 
particularly for forest development projects proposed by qualified managers of FMUs.
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Said Fund shall be administered by government financial institution as a trust account
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managed under the "capital preservation" principle.
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The preferred government financing institutions (GR), together with the DENR,
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shall invest at most seventy-five percent (75%) of the net interest income from loans
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to forest development support facilities including road networks, seedling nurseries,
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water supply systems, and research facilities subject to recommendation by the FMB.
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The SFDF may be augmented by grants, donations, and endowment from
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various local and international sources.
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In addition, at least seventy percent (70%) of forest charges and government
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share collected, including proceeds from sale of confiscated forest resources,
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machinery, equipment, and tools, fines and penalties shall be set aside for the SFDF.
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Moreover, securitization payment for ecosystem services and collaborative
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investments shall be encouraged to support sustainable forest management and
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enterprises and the conservation of forest-based biodiversity in the Philippines.
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The DENR shall include in the implementing rules and regulations of this Act
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the guidelines for the management, development, and operationalization of the SFDF,
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in coordination with other'concerned agencies and civil society organizations.
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Sec. 30. Importation and Sale. - Forest resources may be imported into the
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country, subject to existing laws, rules and regulations. All imported forest resources
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shall comply with the Philippine National Standards to be developed by the Department
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of Trade and Industry in coordination with the Forest Products Research and
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Development Institute and the DENR. Compliance with these standards shall be a
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precondition for the sale or disposition of these products in the Philippines.
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ARTICLE V
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ORGANIZATIONS AND GOVERNANCE
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Sec. 31. Creation of the Position of the Undersecretary for Forestry. - There is
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hereby created in the DENR the position of Undersecretary for Forestry who shall
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perform the following functions:
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(a) Oversee the provision of technical, marketing, financial, tenurial, and
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infrastructure support to persons and entities engaged in FMU
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management;
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(b) Ensure watershed-based planning and monitoring processes are observed 
in forestry-related developments;
(c) Facilitate institutional linkages and convergence initiatives among forestry 
stakeholders in support of effective development and management of forest 
lands consistent with its protection and production uses;
(d) Provide scientific information-based policy recommendation in aid of 
sustainable forest management; and
(e) Promote cost-effectiveness of forestry investments among local and 
international investors and donors in line with sustainable forest 
management.
The Undersecretary shall be appointed by the President of the Republic of the 
Phiiippines whose office, structure and staffing, shall be determined by the Secretary 
subject to existing laws, rules and regulations.
Sec. 32. Reconstitution of the Forest Management Bureau. - The Forest 
Management Bureau is hereby reconstituted as a line bureau under the DENR, which 
shail be responsible for the administration, management, development, and protection 
of forest lands and forest resources of the country, with functions specificaily as 
follows:
(a) Implementation of all policies, plans, programs, projects and activities 
concerning forest lands with provision for effective feedbacking and 
reporting mechanisms;
(b) Ensure sufficient provision of technical, marketing, financial, tenurial and 
infrastructure support to persons and entities engaged in FMU 
management;
(c) Enforce watershed-based planning approaches in ail forest land 
development and management endeavors;
(d) Encourage the participation of forestry stakeholders through multi-sectoral 
consultative bodies in all forestry-related consultative process;
(e) Develop and implement an effective geographical Information system in aid 
of forestry planning, monitoring, and policy formulation;
(f) Monitor and evaluate the physical, environmental, and socio-economic 
outcomes in the management of all FMUs; and
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(g) Formulate and publish periodic reports Informing stakeholders of the status 
of Philippine forest lands using both qualitative and quantitative methods.
Sec. 33. Composition of the Forest Management Bureau. - As a line bureau, 
the FMB shall be headed by a Director and assisted by two (2) Assistant Directors who 
shall supervise the administrative and technical services of the Bureau respectively. 
There shall be an FMB Regional Director in such administrative region with 
corresponding offices and positions.
Sec. 34. Assistance of Law Enforcement Agencies. - Local Government Units, 
the Department of the Interior and Local Government, and the DENR, may, when 
deemed necessary, call upon law enforcement agencies and instrumentalities of the 
Government such as the Philippine National Police (PNP), the Armed Forces of the 
Philippines (AFP), the Philippine Coast Guard (PCG), and the National Bureau of 
Investigation (NBI) for the enforcement of environmental laws, executive orders, and 
their implementing rules and regulations.
Sec. 35. Creation of Community-based Forest Law Enforcement Team. - The 
Community-based Forest Law Enforcement Team (CFLET) shall be organized with 
members composed of representatives from direct stakeholders In a particular 
watershed. Said Team shall be deemed as quick responders on complaints to be 
augmented or reinforced by the Forest Ranger. Funding for CFLET's operational 
requirements shall be sourced from agreed contributions from FMU Managers agreed 
with the DENR, proceeds from sale of confiscated forest products and donations from 
various sources.
Sec. 36. Locai Government Units. - Enabling mechanisms shall be developed 
to enhance the participation of the local government units in the sustainable 
management and utilization of forest resources within their territorial jurisdiction, 
including those assigned by law to other government agencies.
LGUs with forest lands Inside their jurisdiction shall align their CLUPs, local 
development plans, disaster risk reduction and management plans, and other required 
plans according to the objectives specified herein and in protected area management 
plans.
Sec. 37. Other Government Agencies. - Forest lands or portions thereof, which 
have been placed under the administration and management of other government
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agencies shall remain under the administration and management of the said 
government agencies; with the DENR exercising oversight power over these areas; 
Provided; That their administration and management shall be based on the policies, 
strategies, and programs that are consistent with the provisions of this Act; Provided 
further, That the concerned agencies shall submit an annual accomplishment report 
to the DENR.
Sec. 38. Multi-Sectoral Consultative Bodies in Relation to Natural Resources 
Governance. - A technical and multi-sectoral consultative body involving all 
stakeholders concerned within a watershed shall be convened by the DENR pursuant
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to this Act, specifically for each FMU and cluster of FMUs as appropriate and shall be
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consulted at least once a year to review and make recommendations on watershed- 
based management related policies at the local and regional level. Further, the DENR 
shall extend technical assistance to multi-sectoral bodies organized for the purpose of 
policy making in relation to environment and natural resources governance specifically 
on forest governance issues.
Sec. 39. Function of Multi-sectoral Consultative Bodies. - The body shall be 
responsible for the over-all policy direction in the management of the forest lands and 
forest resources found within their respective jurisdictions in accordance with the 
provisions of this Act. Specifically:
(a) Review and recommend implementation of programs and projects;
(b) Perform oversight functions on matter pertaining to environment and 
natural resources; and
(c) Participate in the review and recommend relevant policies for the 
protection, conservation and restoration efforts within the watershed in 
ensuring significant contribution of the forestry sector to the national 
economy, ecological sustainability and sustainable development closely 
adhering to the principles and priority programs of the Government.
Said body may also facilitate the initiation of the LGU's participation in the 
devolution program of and monitoring the transfer and implementation of devolved 
functions to the LGUs.
Sec. 40. Power and Water Utility Service Providers. - Forest lands or portions 
thereof, which have been placed by law or agreement under the administration and
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management of government and private power and water utilities service providers, 
shall be included In the partitioning of forest lands into appropriate categories 
consistent with the purpose of the assigned forest land, and shall remain under the 
administration and management of the said utilities service providers concerned; 
Provided, That the DENR shall exercise oversight power on the planning, 
management, utilization, and assessment of all forest resources in these areas.
Sec. 41. Governance Mechanism. - The following mechanisms shall be 
developed, established, and used for the sustainable forest management:
(a) The principles and practices of transparency, accountability, and 
participatory decision-making, in transactions, decision, and actions 
affecting forestry, in all levels, and the policy of streamlining, 
decentralization, devolution, and deregulation shall be adopted, promoted, 
and institutionalized in the DENR;
(b) Updating and preparation of forest land use plans shall be integrated with 
updating and preparation of comprehensive land use plans of local 
government units;
(c) Networks and linkages with local and international Institutions, civil society 
organizations, local government units and industries involved in the 
promotion and practice of sustainable forest management shall be 
strengthened;
(d) The DENR shall prescribe appropriate fees and government shares for 
different kinds of utilization, exploitation, occupation, possession, or 
activities within forest lands, as well as the corresponding administrative 
fees for permits, agreements, and other services;
(e) The DENR shall have the authority to impose other fees for payment for 
ecosystem services and forest protection, management, reforestation and 
development. In addition, the DENR may waive fees and charges on 
government activities within forest lands that support public utility, social 
welfare, national security, or national interest;
(f) The DENR shall undertake the monitoring and control of forest 
management and utilization through a third-party audit and certification. A 
National Forest Certification System shall be established which will outline
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the policy, rules, procedures, and management for implementing forest 
management certification and chain of custody certification in the country. 
The DENR shall develop pertinent guidelines, in coordination with all 
stakeholders, for the implementation, of this provision subsequent to the 
effectivity of this Act.
(g) The DENR shall establish a forest management information system which 
consists of comprehensive up-to-date information on the physical, social, 
financial, economic, biological, and environmental components of the 
country's forest lands and forest resources. It shall include a continuous 
monitoring system to track the utilization and movement or transfer of 
forest-based goods and services, the changes in the state of forest 
resources and ecosystem services, and its drivers. It shall include further a 
ground-based validation system as basis for assessing progress towards 
sustainable forest management;
(h) It shall be the priority of the State to ensure that government employees 
involved in the implementation of the sustainable forest management law 
are properly trained, sufficiently equipped, adequately compensated, and 
given ample opportunities to participate in its implementation. The DENR 
and other agencies involved shall appropriately provide funding for the 
same.
ARTICLE VI
OFFENSES AND PENALTIES
Sec. 42. Harvesting, Gathering, Coiiection, or Possession of Forest Resources 
from Protection Forest Lands. - Any person who shall harvest, gather, collect, or 
possess any forest resource from protection forest lands shall be punished with 
imprisonment ranging from six (6) years and one (1) day to twelve (12) years and 
one (1) day and/or a fine equivalent to ten (10) times the value of the said forest 
resource. The Forest Protection Officers shall have the authority to estimate the 
present market value of the forest resources of the Illegal harvest, gathering, collection 
or possession based on the guidelines promulgated by the DENR.
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In case of partnerships, associations, or corporations, the president, managing 
partner or general manager shall be held liable.
In case of aliens, the Bureau of Immigration shall deport them without further 
proceedings after paying the fine imposed.
Sec. 43. Illegal Harvesting, Gathering, Collection or Possession of Forest 
Resource as an Act of Economic Sabotage. - Any of the acts enumerated in the 
preceding section shall be considered as an economic sabotage when committed by:
(a) At least two or more persons through an organized and systematic manner; 
and
(b) Any person when the amount of forest resources harvested, gathered, 
collected, or possessed amounts to at least One million pesos 
(P1,000,000.00).
The penalty of imprisonment of twenty (20) years and one (1) day to forty (40) 
years shall be imposed.
Sec. 44. Grazing Livestock In Forest Lands without Authority. - Any person 
found to have caused the grazing of livestock in forest lands without an authority from 
the DENR shall be punished with the imprisonment of two (2) years, four (4) months, 
and one (1) day to four (4) years and two (2) months. The livestock shall be 
confiscated in favor of the Government.
Sec. 45. Unlawful Occupation of Forest Lands. - Any person who, without 
authority from the DENR, possesses or occupies any parcel of forest lands shall be 
punished with a penalty of imprisonment of six (6) years and one (1) day to twelve 
(12) years and a fine of not less than One hundred thousand pesos (P100,000.00) but 
not more than Five hundred thousand pesos (P500,000.00).
Section 46. Destruction of Forest Lands. - Any person who shall destroy or 
cause the destruction within forest lands or assist, aid or abet another person to do 
so, shall be punished with a penalty of imprisonment of six (6) years and one (1) day 
to twelve (12) years, and a fine of not less than One hundred thousand pesos 
(P100,000.00) but not more than Rve hundred thousand pesos (P500,000.00).
Sec. 47. Unlawful Operation of Sawmills, Wood Processing Plants, and Forest- 
Based Industries. - Any person operating sawmills, wood processing plants, and 
forest-based industries without any authority from the DENR, shall be punished with
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a penalty of imprisonment of six (6) years and one (1) day to tweive (12) yearn and a 
fine of not less than Five hundred thousand pesos (P500,000.00).
If the offender is a public official or employee, the accessory penalty of 
disqualification from holding any public office shall be imposed for a period of twelve 
(12) years and one (1) day. If the offender is an official or an employee of the DENR, 
the accessory penalty of permanent disqualification shall be imposed.
All forest resources, machinery, equipment, and tools pertinent to the 
operations of the abovementioned establishments shall be confiscated in favor of the 
Government.
Sec. 48. Prohibition on the Issuance of Land Tides or Tax Deciarations of Forest 
Lands. - All land titles and tax declaration issued over forest lands shall be deemed 
void ab initio. Any person who shall issue land titles and tax declarations over any 
forest land or a parcel thereof shall be punished with imprisonment of six (6) years 
and one (1) day to twelve (12) years and a fine of not less than One hundred thousand 
pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00). 
The accessory penalty of disqualification shall be imposed for a period of twelve (12) 
years and one (1) day.
Sec. 49. Non-payment and Non-Remittance of Forestry Fees and Charges. - 
Any person who falls to pay the amount due and payable as forestry fees or charges 
to the government or remit the same to the proper authorities shall be punished with 
a penalty of Imprisonment of six (6) years and one (1) day to twelve (12) years with 
a fine of not less than One hundred thousand pesos (P100,000.00) but not more than 
Five hundred thousand pesos (P500,000.00).
Sec. 50. Non-Estabiishment of Tree Parks and Green Spaces. - Every local 
government unit shall establish and maintain tree parks and green spaces pursuant to 
their Comprehensive Land Use Plans. Funds for the establishment and maintenance 
of the same shall form part of the local government unit's annual budget.
Every owner of land subdivided into residential, commercial or industrial lots 
shall reserve, establish, and maintain at least thirty percent (30%) of the total land 
area of the subdivision, exclusive of roads, service streets and alleys as green space 
for tree parks.
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No subdivision pian shaii be approved by the Housing and Land Use Reguiatory 
Board uniess at ieast thirty percent (30%) of the total area of the subdivision has been 
reserved as green space. The owner must develop the green space within three (3) 
years from the approval of the subdivision plan.
Any local government unit or owner of a parcel of land subdivided into 
residential, commercial, or industrial lots who fails who fails to establish green spaces 
or tree parks as provided in the preceding paragraphs shall be penalized with a fine 
of not less than Five hundred thousand pesos (P500,000.00) but not more than One 
million pesos (P1,000,000.00).
Sec. 51. Illegal Conversion of Tree Parks and Green Spaces. - Any person who 
shall convert or cause to convert any tree park or green space for a purpose 
inconsistent with those provided for by this Act shall be punished with a penalty of 
imprisonment of six (6) years and one (1) day to twelve (12) years and/or a fine of 
not less than Five hundred thousand pesos (P500,000.00) but not more than One 
million pesos (P1,000,000.00).
If the offender is a public official or employee, the accessory penalty of 
disqualification is imposed for a period of twelve (12) years and one (1) day. If the 
offender is an official or an employee of the DENR, the accessory penalty of permanent 
disqualification shall be imposed.
Sec. 52. An-est and Detention. - If the apprehension was conducted in remote 
areas far from the place where the person authorized to conduct inquest proceedings 
is located, the delivery to the proper judicial authorities shall be done within a 
reasonable time period, taking into consideration the ordinary travel time from the 
place of arrest to the place of delivery.
In order to facilitate the delivery of arrested persons for violations of this Act, 
the Department of Justice shall designate in every city and province a special 
prosecutor who shall be responsible for filing appropriate charges against arrested 
offenders.
Sec. 53. Public Auction of Forest Resources. - If the confiscated forest 
resources are In danger of deteriorating, the DENR may order that the same be sold 
at public auction even before the termination of the judicial proceedings with the 
proceeds kept in trust to await the outcome of the judicial proceedings.
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Sec. 54. Authority of Forest Protection Officers. - When in the performance of 
their official duties, forest protection officers or other public officials or employees 
authorized by the DENR, shall have free access into forest lands or any parcel thereof.
They are also authorized to search the exterior and interior of all vehicles 
suspected to contain illegally harvested, collected or gathered forest resources; 
Provided, That the search is done in the presence of the apprehended persons and 
two (2) public local officials.
Finally, forest protection officers are authorized to administer oaths, take 
acknowledgments In official matters connected under the authority of this Act and 
implementing rules and regulations.
ARTICLE VII
ADMINISTRATIVE PROVISIONS
Sec. 55. Administrative Authority of the Secretary or his Duiy Authorized 
Representative to Order Confiscation. - In all cases of violations under this Act or 
other forest laws, rules and regulations, the Secretary or the duly authorized 
representative may order the confiscation of forest resources illegally harvested, 
collected, gathered, possessed and those that are abandoned. This authority shall 
extend to all conveyances used either on land, water or air as well as machinery, 
equipment, implements, and tools used in the commission of the offense and to 
dispose of the same in accordance with pertinent laws, rules and regulations.
Sec. 56. Administrative Authority of the Secretary to Impose Fines. - In all 
cases of violations of this Act and other forest laws, rules and regulations where fine 
is the principal penalty, the Secretary or the duly authorized representative, after the 
consultation with the forest-based industries affected, is hereby authorized to Impose 
administratively the penalty consisting of the amount and the schedules of the fine 
which shall be officially published in a national newspaper of general circulation.
Sec. 57. Fines Escaiation Ciause. - The fines herein prescribed shall be 
increased by at least ten percent (10%) every three (3) years to compensate for 
inflation and to maintain the deterrent function of such fines.
Sec. 58. Informant's Incentives. - Twenty percent (20%) of the value of 
confiscated materials shall be used as incentives to informants including forest
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management councils and forest management boards. They shall also be entitled to 
free legal assistance should cases be filed against the in the performance of official 
duties.
Sec. 59. Suits and Strategic Legal Action Against Public Participation and the 
Enforcement of this Act. -
(a) A legal action filed to harass, vex, exert undue pressure or stifle any legal 
recourse that any person, institution, or the government has taken or may 
take In the enforcement of this Act, protection of the environment or 
assertion of environmental rights shall be governed by this Section.
(b) A suit and strategic legal action against public participation may be 
interposed as a defense by a person involved in the enforcement of 
environmental laws, protection of the environment, or assertion of 
environmental rights. The suit or strategic legal action shall be supported 
by documents, affidavits, papers, and other evidence; and by way of 
counterclaim, pray for damages, attorney's fees and costs of suit.
The court shall direct the plaintiff or adverse party to file an opposition showing 
the suit is not valid as a defense, attaching evidence in support thereof, within a non­
extendible period of five (5) days from receipt of notice that an answer has been filed.
The suit or strategic legal action shall be set for hearing by the court after 
issuance of the order to file an opposition within fifteen (15) days from filing of the 
comment or the lapse of the period.
(c) The hearing on the suit or strategic legal action shall be summary in nature. 
The parties must submit all available evidence in support of their respective 
positions. The party seeking the dismissal of the case must prove by 
substantial evidence that his act for the enforcement of this Act is a 
legitimate action for the prosecution, preservation and rehabilitation of the 
environment. The party filing the action assailed as a SLAPP shall prove by 
preponderance of evidence that the action is not a SLAPP and is a valid 
claim.
(d) The affirmative defense of a SLAPP shall be resolved within thirty (30) days 
after the summary hearing. If the court dismisses the action, the court may
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award damages, attorney's fees and costs of suit under a counterclaim if 
such has been filed. The dismissal shall be without prejudice.
If the court rejects the suit or strategic legal action, the evidence adduced 
during the summary hearing shall be treated as evidence of the parties on the merits 
of the case. The action shall proceed In accordance with Rules of Court.
Sec. 60. Citizen's Suit - Any citizen may file an appropriate civil, criminal or 
administrative action with the proper court against:
(a) Any person who violates or fails to comply with the provisions of this Act or 
its implementing rules and regulations;
(b) The DENR or other implementing agency with respect to orders, rules and 
regulations issued Inconsistent with this Act;
(c) Any public officer who willfully or grossly neglects the performance of an 
act specifically enjoined as a duty by this Act or its Implementing rules and 
regulations; or abuses one's authority in the performance of duty; or in any 
manner improperly performs the duties under this law or its implementing 
rules and regulations.
However, no suit can be filed until after a notice of violation is sent to the 
alleged offender within thirty (30) days starting from the date of the occurrence of the 
violation.
Sec. 61. ImpiementingRuiesandReguiations. -The DENR, in consultation with
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and enforcement of this Act shall promulgate the necessary implementing rules and 
regulations within one (1) year from the effectivity of this Act.
Sec. 62. Transitory Provisions. - Upon the approval of this Act, the DENR shall 
evaluate the conditions of all forest lands covered by existing tenure Instruments, 
agreements or contracts, permits, and the like, which shall be allowed to continue 
until their expiry unless otherwise terminated for cause.
Sec. 63. Separabiiity Ciause. - If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision or part not otherwise 
affected shall remain valid and subsisting.
Sec. 64. Repeaiing Ciause. — Any law, presidential decree or Issuance, 
executive order, letter of instruction, administrative order, rule, or regulation contrary
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to or inconsistent with the provisions of this Act are hereby repealed, modified, or 
amended accordingiy.
Sec. 65. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or In a newspaper of general circulation.
Approved,
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