FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
S. No. 
3.fiO 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
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I~ 2 :03 
The growing concern for ecological balance has been motivated by the natural disasters. 
Disastrous floods and droughts had been contributing to the general decline in the 
productivity of lowland farms and fishing grounds. These calamities can basically be 
attributed, in one way or another, to the environmental degradation, and more 
specifically, to the diminution of our forests. 
With the natural disasters that our country has been experiencing through the past decade, 
a legislation that can address the problem of forest destruction through the establishment 
of systems for forest management is necessary. Indigenous people and other communities 
whose livelihood depend on the fcirest have the strongest incentive for ensuring the 
conservation and sustainable use of our forests. 
This bill provides for a Community-Based Forest Management Program (CBFMP) to be 
undertaken by the Department of Environment and Natural Resources, the Department of 
Interior and Local Government, and local government units. With this, indigenous people 
and other forest communities will be empowered to mange, develop, utilize and protect 
fdrest resources in a sustainable way. 
In view of the foregoing, early passage ofthis bill is earnestly requested. 
LLANES IV 
Senator 
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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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SENATE 
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,lUI. -6 
~2 :03 
___________ 
S_. N_o. __ 
3_6_0 _____ 
fl_E_.C_f'l_V_r!_' _P'_, -1~r-. L... 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
PROVIDING FOR THE SUSTAINABLE MANAGEMENT OF 
FOREST 
RESOURCES AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. 
Short Title. - This act shall be known as the "Sustainable 
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Management of Forest Act of2010." 
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SEC. 2. 
Declaration of Policy. - In conformity with the provision of the 
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Constitution to promote the general welfare and social justice in all phases of national 
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development, to protect and advance the right of the Filipino people to a balanced and 
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healthy ecosystem in accordance with the rhythm and harmony of nature, and to conserve 
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arld develop the patrimony of the nation, the State hereby adopts the following policies 
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relative to the management of forests and their resources on a sustainable basis: 
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(a) Sustainable and integrated management and development of forest 
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resources. The management and development of forest resources in an 
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integrated and sustainable basis, focusing on the resource and the people who 
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manage and benefit from it, shall be the guiding principle in the management, 
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protection, conservation and development of forest resources, hazardous or 
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less hazardous areas thai may be declared as such by the Secretary of National 
Defense; 
(b) Watershed 
liS the basic forestland mllnllgement unit. Forestland 
management plans shall be developed and implemented utilizing the 
watershed as the basic management lmit. The forestlands shall be managed 
under the concepts of sustainable and mUltiple-use, including the conservation 
of the bio-diversity. 
(c) Community-bllsed forest mllnllgement (CBFM) as the principal strategy. 
This involves the vesting of access rights and responsibilities to local 
communities and Indigenous People's (IPS) to promote the management and 
development of forestland 'resources " on a sustainable basis. It shall have 
precedence over the other strategies. 
(d) Multi-Seetoral participatiou. The participation of all sectors of society in 
sustainable forestland management and development shall be promoted. 
Equitable sharing of the benefits derived from the forestlands shall be ensured. 
(e) Reforestlltion and agroforestry as priority measures. Reforestation, 
agroforestry and other appropriate measures including assisted natural 
regeneration (ANR) shall be given emphasis in order to rehabilitate and 
restore productivity of denuded and degraded lands as well as increase income 
of the marginalized sectors of society. 
(f) Protection and rehabilitation of forestlands as priOl-ity. Protection and 
rehabilitation of forestlands including all protected areas shall be given 
priority to ensure enviromnental stability, enhance biological diversity and 
provide economic benetits. 
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(g) Permanency of forestland limits. The specific limits of forestlands after 
these have been fixed and demarcated shall not be altered except through the 
Act of Congress. 
(h) Forest reSOUI'ces to promote the common good. The use of forest resources 
shall bear a social fWlction, responsibility and accountability to promote the 
common good. 
(i) Professionalism in forest service. A dynamic professional and people-
oriented forest service shall be established and fully supported. 
(j) SecUI'ity of tenure. In pursuance of the principle of multi-use forest 
management, a secured tenure shall be guaranteed by fue Slate. 
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SEC. 3. Definition of Terms. - As used in this Act, the following terms shall have 
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the corresponding meanings: 
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(a) 
Agroforesfry - refers to a sustainable management of lands which increases 
their overall productivity by properly combining agricultural crops and/or 
livestock with forest crops simultaneously Of sequentially through the 
application of management practices which are compatible with tHe local 
climate, topography, slope and soil as well as with the cultural patterns or' 
customary laws of the local population; 
(b) 
Alienable and Disposable Lands - are those lands of the public domain 
which have been delineated, classified and declared as slich and available 
for disposition under Commonwealth Act No. 141, as amended, otherwise 
known as the Public Land Act; 
(c) 
Ancestral Domain - refers to all lands and natmal resources occupied or 
possessed by indigenous cultural communities, by' themselves or through 
their ancestors, communally or individually, in accordance with their 
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customs and traditions since time immemorial, continuously to the present 
except when interrupted by war,force mqjeure, or displaced by force, deceit 
or stealth; 
(d) 
Annual Allowable Harvest - refers to the amount or volume of materials, 
whether of timber, non-timber or other forest products, authOlized by the 
government to be harvest within each year from the forests; 
(e) 
Assisted Natural Regeneration (ANR) - refers to systematic and sustained 
prevention of fire, cate and tending of naturally-growing seedlings, and 
other related activities implemented to expedite the restoration of forest 
cover, including trees, blUSh and associated vegetation through the natural 
process of biological succession; 
(f) 
Biological Diversity. - means the variability among living organisms 
including, inter-alia, terrestrial, marine and other aquatic ecosystems and 
ecological complexes of which they are part, this include diversity within 
species, between species and ecosystems; 
(g) 
Brush/ands - refer to areas characterized by discontinuous cover of shrubby 
and non-woody vegetation including grasses usually as a result or repeated 
clearing and burning of the original forest cover; 
(h) 
Bl1tfer Zones - are areas outside the boundaries of and immediately adjacent 
to protected areas designated as such pursuant to Section 8 of the NIP AS 
Act that need special development control in order to avoid or minimize 
hann to the protected area; 
(i) 
Commercial Logging - reter to cutting or felling of trees in all types of 
forests for the purpose of disposing of the cut or felled logs for monetary 
profits beyond survival and livelihood means; 
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Communal Forest - refer to a tract of forestland set aside and established for 
a city, municipality or barangay for protection, watershed management, eco-
tourism and related environmental purposes, or for implementation of socio-
economic development pursuant to and consistent with the CBFM strategy 
as described herein; 
(k) 
Community-Based Forest Management Strategy- refers to all organized 
efforts of government to work with communities in and adjacent to public 
forest lands with the intent to empower tllem, and entrust to them the 
protection, rehabilitation, management, conservation, and utilization of the 
forest lands and resources therein; 
(I) 
Conveyance - refers to any vehicle, vessel, device or animals used in 
transporting forest products; 
(m) Co-Production Agreement - is an agreement entered into by and between a 
qualified personls and the government for the former to develop, utilize and 
manage, consistent with the principle of sustainable development a specified 
portion of the forestland wherein botl1 parties agree to provide inputs and 
share the products or their equivalent cash value; 
(n) 
Critical Watershed - is that portion of a watershed reservation which ha~ 
been classified as strict protection zone and closed to all human activity 
except for scientific studies, or for, traditional, ceremonial, or religious use 
by indigenous peoples; 
(0) 
Department - refcrs to the department of Environment and Natural 
Resources; 
(p) 
Environment Impact Assessment (EIA) - refers to the process of predicting 
the likely environmental consequences of implementing prqjects or 
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undertakings, and designing the approptiate preventive, mitigating or 
enhancement measures; 
(q) 
Environmental Compliance Certificate - refers to the document issued by 
the Department certifying that a proposed project or undertaking will not 
cause a signi ficant negative environmental impact; that the proponent has 
complied with all the requirements of the Environmental Impact Assessment 
(EIA) system, and that the proponent is committed to implement its 
approved Environment Management Plan in the EIS or mitigation measures 
in the Initial Environmental Examination (lEE); 
(r) 
Environmental Impact Statement (EIS) System - refers to the entire process 
of organization, administration, and procedures institutionalized for 
purposes of assessing the significance of the effects of any pr~ject or 
undertaking on the quality of the physical, biological and socio-economic 
enviromnent, and designing appropriate mitigating and enhancement 
measures; 
(s) 
Flitch - refers to a large piece of sawn log or, as that tenn is commonly 
applied, to a part of a log of a greater thickness than a plank or board; 
(t) 
Forest - refers to either natural vegetation or a plantation of forest crops 
such as trees, or both, occupying a definable, uninterrupted or contiguous 
areas exceeding but not less than one hectare in size with three crown 
covering at least ten percent (10%) of the area, exclusive of the associated 
seedlings, saplings, palms, bamboos and other undercover vegetation. A 
natural forest is a stand dominated by trees whose stlUcture, functions and 
dynamics have been largely the result of a natural succession process. It 
includes such stand types as dipterocarp, pine, mossy, molave, beach and 
mangrove. For the purpose of this Act, natural forests may be classified 
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according to I) pIimary use and management objective, and 2) growth 
formation. In tenns of primary use and management, a forest shall either be 
classified as I) protection forest; 2) production forest or 3) multiple-use 
forest after its most suitable function has been determined pursuant to this 
Act. In tenns of growth fonnation, a natural forest is classified as either 1) 
primary or old-growth forest which has not never been subjected to 
significant human disturbance, or has not been significantly affected by 
hunting and gathering of forest products, such that its natural structure, 
functions and dynamics have not undergone any major change; or 2) 
managed forest as herein defined; 
(u) 
Forest Charges - refer to levies imposed and collected by the government 
on timber and other forest products; 
(v) 
Forest Community - is a group of people residing inside or immediately 
adjacent to a particular forestland who are largely or partly dependent on the 
forest resources found therein for their subsistence; 
(w) Forestlands - refer to lands of the public domain which have been classified 
as such pursuant to this Act and all unclassified lands of the public domain; 
(x) 
Forest (Jf{tcer - refers to any public officer who by nature of his/her 
appointment or the functions of the position to which he/she is appointed, is 
delegated by law and regulations or commissioned by competent authorities, 
to execute, implement or enforce the provisions of this Act and other related 
laws and regulations; 
(y) 
F'OI'est Plantation - refers to a tract of land extensively planted to forest 
trees, rattan, bamboo, and all other forest species; 
(z) 
Forest Resources - refers to all natural resources whether biomass such as 
plants and animals or non-biomass such as soil and water as well as 
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intangible services and val ues present in forestlands or in other lands 
devoted for forest purposes; 
(aa) Grazing Land - refers to a part of the forestland designated and managed for 
the raising of livestock; 
(bb) Indigenous Cultural Communities (ICC) - refers to a group of people living 
in homogenous societies identified by self-ascription and ascription by 
others, who have continuously lived as an organized community on 
communally bounded and defined telTitory, and who have continuously 
lived as an organized community on communally bounded and defined 
territory, and who have, under claims of ownership since time immemorial, 
occupied, possessed and utilized such tenitories, sharing common bonds of 
language, customs, traditions and other distinctive cultural traits, or who 
have, through resistance to political, social and cultural inroads of 
colonization, non-indigenous religious and cultures, because historically 
differentiated from majority of the Filipinos. ICCs shall likewise include 
peoples who are regarded as indigenous on account of their descent from the 
populations which inhabited the countly, at the time of conquest or 
colonization, or at the time of inroads of non-indigenous religious and 
cultures, or the establishment of present state boundaries, who retain some 
or all of their own social, economic, cultural and political institutions, but 
who may have been displaced form their traditions domains or who may 
have resettled outside their ancestral domains. As llsed in this Act 
indigenous cultural community is synonymous with indigenous people (11'); 
(cc) Industrial Forest Plantation or IF]> - refers to any tract of land and other 
public and private lands planted to timber producing species, iucluding 
rubber and/or non-timber species such as rattan and bamboo, primarily to 
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supply the raw material requirements of existing or proposed forest-based 
industries, energy-generating plants and related industries; 
(dd) Joint Venture Agreement - is an agreement whereby a joint-venture 
company is organized by the government and a qualified person, with both 
parties having equity shares, to develop and manage, consistent with the 
principles of sustainable development, a portion of a forestland under terms 
and conditions mutually acceptable to both parties; 
(ee) Kaingeros - refer to upland farmers who practice slash-and-bum or shifting 
cultivation; 
(ff) Managed Forest - refers to a forest under deliberate system of protection, 
rehabilitation and development which may include utilization of resources, 
to ensure the production of desired products and services, and tlle 
conservation of soil, water, wildlife and other natural resources therein for 
the benetit of present and future generations; 
(gg) Multiple Use -
refers to harmonized utilization, development and 
management of forestland for the production of two or more products, goods 
and/or services in confOimity with the principle of sustainable development; 
(hh) National Park - refers to a forest reservation essentially of natural 
wilderness character which has been withdrawn for settlement, occupation 
or any form of exploration except in confonnity with an approved 
management plan and set aside as such primarily to conserve the area or 
preserve the scenery, the natural and historic objects, wild animals and 
plants therein and to provide enjoyment of these features in such areas; 
(ii) 
Non-Government Organization (NGO) - refers to a responsible non-stock, 
non-profit organization created or established primarily for voluntary 
service; 
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OJ) 
Permit - refers to the privilege granted by the government to a person to 
utilize forest and wildlife resources, or to undertake specified forestry 
activities inside the forestland which mayor may not include any right of 
possession and occupation therein, or to establish and operate a plant for 
processing timber, non-timber or other forest products; 
(kk) Person - refers to a natural as well as a juridical person; 
(II) 
Processing Plant or Mill - refers to a physical structure including its 
complement of machinery and equipment nsed for processing of timber or 
logs, other raw wood, non-timber or other forest products into semi-finished 
or finished forms; 
(mm)Production Sharing Agreement - is a contract wherein the government 
grants to a person the privilege to mange, develop and utilize forest 
resources within a specific area and period of time, with the grantee 
providing the financing, technology, management, personnel and other 
inpnts necessary for the implementation of the agreement, and both parties 
sharing the benefits under terms and conditions set forth in the agreement; 
(nn) Protected Areas - are those areas defined and designated as such pursuant to 
Republic Act no. 7586 or NIPAS Act; 
(00) Reforestation - refers to all land use activities directed towards the 
restoration, establishment and sustained management of diversified 
vegetation on denuded, degraded andlor marginal lands, including but not 
limited to the planting and tending of timber, orchard and multi-use trees, 
perennial leguminous vines (Le. cover crops), grass, shrubs, vegetative 
hedgerows grown on contours, the establishment of check dams and other 
measures which contribute to sell and water conservation; 
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(pp) Reservation - refers to an area of forestland that has been reserved by law 
for a specific purpose; 
(qq) Rotation - refers to the number of years between the initial establishment of 
a plantation and the time when it is considered ready for harvesting; 
(rr) SecretalY - refers to the Secretary of the Department of Environment and 
Natural Resources; 
(ss) Semi:finished Wood Products - refer to end products requiring final stages 
of manufacture andlor assembly such as, but not limited to, window 
components, table tops, veneer and other similar products; 
(tt) Sustainable Development - means meeting the needs of the present 
generation without compromising the ability of the future generation to meet 
their own needs; 
(uu) Sustainable forest Management and Development - is the process of 
managing, developing, and utilizing forestland resources to achieve the 
production of desired products or services without impairing the inherent 
productivity of the forest thereby insuring a continuous flow or these 
products or services; 
(vv) Tenure - means guaranteed peaceful access to and use of specific torestland 
area and the resources found in it by an agreement, contract or grant which 
cannot be altered or abrogated without the process; 
(ww) Tiber License Agreement or TLA - refers to a privilege granted by the State 
to a person to utilize forest resources within a forestland with the right of 
possession and occupation thereof, to the excJnsion 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 
the said agreement; 
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(xx) Trade - means the act of engaging in the exchange, purchase or sale offorest 
prodncts locally or internationally; 
(yy) Watershed - is a land area drained by a stream or a fixed body of water and 
its tributaries having a common outlet for surface runoff; 
(zz) Watershed Reservation - refers to a forestland defined in this Act and those 
that have been proclaimed by law as such, primarily for water production 
purposes. Other compatible uses may be allowed by the Secretmy under the 
sustainable and multiple-use management concept; 
(aaa) Wildlife - means wild forms and vm'ieties of flora and fauna; 
(bbb) Wood-Based Industries - refer to various industries that are dependent on 
wood as the principal raw material including but not limited to, the saw 
milling industry, pulp and 
paper industry, 
plywood and veneer 
manufacturing industIy, as well as the secondmy and tertiary wood 
processing industries such as mouldings, and fUl11iture, among others. 
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. CHAPTER II 
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LIMITS AND CLASSIFICATION OF FORESTLANDS 
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SEC. 4. Limits of Permanent Forestlunds. - The pel111anent forestlmlds shall be 
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those lmlds of the public domain classified and delimited pursuant to mis Act. 
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All, land of the public domain classified as forestlands by the Department as of 
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December 1994, under its Land Classification Program are hereby declm'ed as permanent 
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forestlands. 
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Within twenty-four (24) months from the effectivity of this Act, the Department 
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shall submit to Congress maps of appropriate and uniform scale indicating, by province, 
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the specific limits of lmld already classified as permanent forestlands pursuant to the 
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immediately preceding paragraph. 
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The Department shall complete the classification of the remaining unclassified 
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land of the public domain within three (3) years from the effectivity of this Act. All such 
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lands which shall be classified as forestlands shall also be declared as permanent 
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forestlands upon submission by the Department of Congress, of the maps of said 
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forestlands; Provided, That no lands of the pnblic domain eighteen percent (18%) or over 
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in slope shall be classified as alienable and disposable lands: Provided, further however, 
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That those forestlands with well-established communities duly recognized in writing 
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under the Local Government Code and RA 8371 shall be allowed to continue occupying 
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and using the specific areas they present occupy and nse, subject to such rules and 
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regulations the Department may provide to ensure sustainable land-use management, and 
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tenure security, and: Provided, .finally, That all Department records pertaining to the 
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specific limits of forestlands shall be made available to the public upon request. The 
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Department shall furnish all provincial, municipal and city govenmIent units copies of 
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the maps of permanent forestlands located within their respective territorial jurisdiction. 
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SEC 5. Adllitionai Areas to be Included as Permlment Fore.~t Lands.- The 
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following lands, although below eighteen percent (18%) in slope, are needed for 
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environmental 
protection and forestry purposes and shall not therefore, be classified 
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as alienable and disposable lands, nor be subject to, logging, mining, quarrying, and such 
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other form of occupancy, land use or resource extraction activities: 
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(a) 
Areas less tlIan two hundred fifty hectares (250ha.) which are far ti-om, or 
not contiguous with any certified alienable or disposable land; 
(b) 
Isolated patches of forest of at least five hectares (5 ha.) which rocky terrain 
or which protect a spring for communal sue; 
(c) 
Areas of not less than ten hectares (10 ha) covered wiilinatural forest; 
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(d) 
All mangroves and swamplands which are not yet classified as alienable and 
disposable lands; 
(e) 
Ridge tops and plateaus regardless of size found within or surrounded 
wholly or partially by forestlands where headwaters emanate; 
(f) 
Appropriately located road rights-of-way; 
(g) 
Twenty-meter (20 m.) strips of land along the edge of the nOimal high 
waterline of rivers and streams with channels of at least five (5) meters 
wide, which are not classified as alienable and disposable; 
(h) 
Strips of mangrove or swamplands at least twenty (20) meters wide, along 
the shoreline facing oceans, lakes and other bodies of water, and strips of 
lands at least twenty (20) meters wide facing lakes, which are not yet 
classified as alienable and disposable; 
(i) 
Areas needed for other purposes of public interest such as national parks, 
national historic sites, game refuge and wildlife sanctuaries, forest station 
sites, research/experimental purposes, and others; 
(j) 
Areas previously proclaimed by law as forest reserves, national parks, game 
refuge, bird sanctuaries, national shrines, national historical shrines, and 
national historic sites; 
(k) 
Areas within watershed reservations; and 
(I) 
Areas considered environmentally critically because of their vulnerability to 
damage from typhoons, landslides, volcanic eruptions and natural causes. 
Owners who have acquired vested rights over lands enumerated above are 
required to implement soil and water conservation measures in coordination with the 
Deprulment and the appropriate local government unit. An Environmental Compliance 
Cellificate (ECC) shall be required for environmentally critical projects in accordance 
with existing law. Provided, That the Department and/or the local government unit 
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concerned shall immediately take the necessary steps to expropriate the property 
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concerned or cancel or amend any titles issued thereon under any of the following 
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conditions: 
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(a) 
Failure of the owner, after due notice, to implement appropriate soil and 
water conservation; 
(b) 
Failure of the owners to comply with ECC requirements; 
(c) 
The issuance of titles or other tenurial instruments over such areas was 
accomplished through fraud, deceit, misrepresentation or other anomalies; 
and 
(d) 
When public interest so requires. 
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SEC. 6. Non-Diminution of tile Specific Limits qf Forestlands. - The specific 
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limits of the pennanent forestlands as determined in accordance with Section 4 and 5 of 
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this Act shall not be altered except by an Act of Congress. 
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SEC. 7. Delineation of Boulldaries of Fore~·tlallds. - The Department shall 
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within three (3) years upon the effectivity of this Act delineate on the ground. the 
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boundaries between the pelmanent forestlands and alienable or disposable lands with 
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concrete monuments, road or infrastructure, or any other visible permanent and practical 
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signs. The Department shall allocate funds for appropriation in the annual General 
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Appropriations Act for the purpose of land classification and boundary delineation of 
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forestlands. 
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SEC. 8. Sub-classificatioll of the Forest Lalld - The Depatiment shall have the 
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authority to sub-classifY the permanent forestlands into the following categories 
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according to primary use: 
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(a) 
Protection forests - all areas within the forestlands designated or set aside as 
protected areas pursuant to the NIP AS Act shall constitute the protection 
forest. All mossy and old growth forests shall also be classified as protection 
forests. The establishment and management of protection forests shall be in 
accordance with the said NIP AS Act; 
(b) 
Production forests - all permanent forestland not classified as protection 
forest pursuant to the immediately preceding paragraph (a) shall be 
classified as either production forests devoted to production of forest 
products, other crops and services, or as multiple-use forests consistent with 
the definition set forth in Chapter I, Section 3, paragraph (ft) hereof. The 
management of production forests shall be in accordance with a 
management plan based on sustainable for management principles fmd 
approved by the Department. In the implementation of sub-classification, 
the Department shall consult with the concerned communities, local 
government units and other stakeholders. Documentary evidence of 
consultation initiatives, such as community assemblies, public heatings and 
the like shall be included in the official records covering each sub-
classification exercise. 
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CHAPTER III 
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ADMINISTRATION AND MANAGEMENT OF I<'OREST LANDS 
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SEC. 9. Jllrisdiction and Control of Forestlands. - The Department shall be the 
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pnmary agency responsible for the conservation, management and utilization of all 
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forestlands and the unclassified lands of the public domain. The Department in 
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coordination with Local Government Units and otller government agencies pursuant to 
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Section 10 and 11 hereof, shall ensure that forestlands and unclassified lands of the 
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public domain are managed, conserved, developed, utilized and protected consistent with 
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the policies promulgated in this Act. The utilization and development of forestlands and 
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unclassified lands of the public domain including the natural resources therein shall be 
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undertaken in accordance Witll a Department approved sustainable watershed 
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management plan. 
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SEC. 10. Participatioll of Local Goverllmellt U"its ill Forest Management -
8 
Pursuant to the pertinent provisions of Republic Act No. 7160, otherwise known as the 
9 
Local Government Code, tlle Local Government Units (LGU) shall faithfully share the 
10 
responsibility in the sustainable management and utilization of forest resources within 
11 
their territorial jurisdiction including those assigned by law under the administration of 
12 
other government agencies as defined in Section 11, hereof. The LGU and the 
13 
Department, in consultation with other government agencies, local communities, non-
14 
government organizations and other sectors, shall jointly undertake the preparation and 
15 
implementation of forestland use and watershed management plans which shall be made 
16 
an integral component of the LGU's comprehensive land use development plan. The 
17 
LG U shall be consulted on any and all forestry projects to be implemented in their 
18 
territorial jurisdiction and shall have equitable share of the revenues derived fi'om the 
19 
torest, For this purpose, the Department, the Department of Interior and Local 
20 
Government (DILG), the leagues of provinces, cities, municipalities and barangays shall, 
21 
within one (l) year from the passage of this Act, formulate a joint strategy and program 
22 
to implement the provision of this Act. Nonpmticipation, refusal or inaction of LGUs to 
23 
faithfully share the responsibilities as herein provided shall constitute an express waiver 
24 
to participate in forest management and the equitable share of incomes derived therefrom. 
17 


1 
SEC. 11. Forestlands Under Otfler Govemment Agencies. - Forestlands and or 
2 
portions of such, which have been assigned by law under the administration and 
3 
management of other government agencies for specific purposes, including those 
4 
devolved to LGUs prior to the passage of this Act, shall remain under the administration 
5 
and management of these government agencies. These agencies shall be responsible for 
6 
their protection, rehabilitation and conservation. These forestlands shall be administered 
7 
in accordance with a forest management plan, which shall be prepared within one year 
8 
from the effectivity of this Act, in coordination with the Department, LGUs, local 
9 
communities and organization. Provided, That the Department and the concerned LGU 
10 
and the concerned government agency shall periodically review and of forest products 
11 
pmticularly timber, and building of roads and other infrastructure shall require prior 
12 
authorization of the Secretary of the Department. The Secretary or his duly-authOJized 
13 
representative shall have visitorial and supervisoiY powers ove]' forestlands placed under 
14 
the administration and management of other govemment agencies. Provided, finally, That 
15 
these forestlands, or portions thereof, shall be reverted to the jurisdiction and control of 
16 
the Department when they are no longer needed for the purpose for which they have been 
17 
constituted, or in the event of failure of the agency concemed to rehabilitate, protect, and 
18 
conserve he forestland resources in accordance with the approved management plan. The 
19 
Depmtment shall detelmine the use of the reverted forestlands. 
20 
21 
SEC. 12. Forest Resources "'itliin Alienable and Disposable Lallds. - The 
22 
Depmtment shall encouraged and provide incentives to Imld owners of alienable and 
23 
disposable lands to keep the natural forest on their lands under sustainable management 
24 
or develop and maintain a tree plantation on such lands. Landowners may register their 
25 
forests with the Department mld shall be assisted in the preparation of a management 
18 


1 
plan, and given other technical assistance. The utilization of trees and other forest 
2 
resources shall be allowed in accordance with the management plan. 
3 
4 
CHAPTER IV 
5 
SUSTAINABLE MANAGEMENT OF FOREST RESOURCES 
6 
SEC. 13. Sustainable Forest Management Planning. - The Department, 111 
7 
consultation and coordination with local government units and other concemed sectors 
8 
such as but not limited to other govemment agencies, local communities, non-
9 
govemment organization, individual and corporate private investors and other sectors, 
10 
shall adopt and implement a sustainable forest management plan for each well-defined 
11 
watershed or other appropriate forest management unit. Within one (l) year from the 
12 
effectivity of this Act, the Department shall prepare a Sustainable Forest Management 
13 
Strategy (SFMS) that will guide the preparation of site-specific forest management plans 
14 
based on criteria, indicators and standards (minimum requirements) for sustainable forest 
15 
management. The SFMS shall, at the minimum, address the following: 
16 
17 
18 
19 
20 
21 
22 
23 
24 
(a) 
promotion of rational allocation of forestland uses and land use practices 
that increase productivity, and conserve soil, water and otller torestland 
resources; 
(b) 
protection of existing forest resources and conservation of bio-diversity; 
(c) 
rehabilitation of denuded areas to expand the torest resource base, thereby 
promoting agricultural development and other food production activities; 
(d) 
enhancement of the socioeconomic wel\-being of local commwlities 
including indigenous peoples who are largely dependent of tile forest for 
their livelihood; 
19 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
( e) 
observance of stakeholder participation through consultation between and 
among the Department, local government units, other national agencies, and 
civil society in the sustainable management of forest lands; 
(f) 
adoption of Community-based forest management as the principal strategy 
in the management of forest land and resources, and the formulation of 
incentives designed to promote sustainable forest management pursuant to 
this strategy; 
(g) 
fornmlation of incentives designed to promote development and sustained 
profitability of the forest industry sector by private sector investors 
operating either independently or in collaboration with forest-based 
communities; 
(h) 
integration of forest management plans with the local land use and 
development plans; and 
(i) 
adoption of an effective system for monitoring forest management and 
status including optimum use of advanced technology such as, but not 
limited to, satellite imagery analysis. 
18 
SEC. 14. Environmental Impact Assessment. - All new projects to be 
19 
implemented in forestlands including harvesting, gazing and other special uses, mineral 
20 
prospecting and exploration, road, infrastructure, and building construction shall be 
21 
subject to the Environmental Impact Assessment System. 
22 
23 
SEC. 15. State of tile Environment Report. - The Department shall conduct 
24 
research to the extent and state of natural forests, including forest occupants in each 
25 
region and province, furnishing annually both Houses of Congress a copy of the State of 
26 
the Environment report. 
20 


1 
CHAPTER V 
2 
COMMUNITY-BASED FOREST MANAGEMENT 
3 
SEC. 16. Community-Based Forest Management Strategy (CBFMS). - Forest 
4 
communities, indigenous peoples and other communities whose lives, culture and general 
5 
well-being are intimately linked with the forests, shall be entrusted with the responsibility 
6 
and the privilege to protect, manage, develop and utilize forest resources under the 
7 
principle of stewardship. Pursuant to this policy, the State herein adopts Community-
8 
Based Forest Management Strategy (CBFMS) as a principal strategy to achieve 
9 
sustainable forestland management, social justice and economic development particularly 
10 
in the rural areas. The Depmtment shall fOlmulate .policies and guidelines that simplifY 
11 
and facilitate access to and sustainable management of forestland resources by local 
12 
communities. The Department shall fmthermore develop policies, guidelines and 
13 
incentives for private sector investors to enter into mutually beneficial relationships with 
14 
communities in the pursuit of sustainable forest management, social justice and economic 
15 
development pmticularJy in the rural areas. The Depaltment shall fOlmulate policies and 
16 
guidelines that simplifY and facilitate access to and sustainable management of forestland 
17 
resources by local communities. The Department shall lUrthermore develop policies, 
18 
guidelines and incentives for private sector investors to enter into mutually beneficial 
19 
relationships with communities in the pursuit of sustainable forest management. 
20 
21 
SEC. 17. Community Resources Management in CBFM Areas. -
The 
22 
management of forestland resources in CBFM areas shall be embodied in a Community 
23 
Resource Management Plan which contains the community'S vision, aspirations and 
24 
strategies in the management of forestland resources. The DepaItment, local government 
25 
units, other government agencies, non-government organizations, private companies and 
26 
individuals and other sectors shall provide these communities with appropriate long-term 
21 


1 
security of tenure; technical, managerial and financial assistance, training and other 
2 
assistance to empower them to manage and benefit from the forestland resources on a 
3 
sustainable basis. 
4 
5 
SEC. 18. Qu(tiijied Participants. - Only organized forest communities as defined 
6 
in this Act shall be eligible to participate in the CBFM strategy. The indigenous people 
7 
shall be encouraged to actively participate in the implementation of CBFM activities in 
8 
recognition of their rights to their ancestral domains and lands. All organizations eligible 
9 
to participate in CBFM shall have the following qualifications: 
10 
(a) Members shall be Filipino citizens; and 
11 
(b) Members may either be: 
12 
I) Actually tilling portions of the area to be awarded; 
13 
2) Traditionally utilizing the resource for all or a substantial portion 
14 
of their livelihood; 
15 
3) Actually residing within or adjacent to the areas to be awarded; 
16 
4) Tenmed migrants as defined in R.A. 7586. 
17 
18 
SEC. 19. Community-Based Management Special Account. - The Department 
19 
shall establish and manage a Community-Based Forest Management Special Account 
20 
(CBFMSA) to support the implementation of the CBFM strategy and provide financial 
21 
and professional incentives for deserving communities and govemment personneL The 
22 
Department may source local and international grants and donations for the establishment 
23 
of the CBFMSA. Other somces of funds may later be determined by the Department 
24 
subject to existing government regulations. 
22 


• 
1 
SEC. 20. Creatioll of Fillallcillg Mechanisms for CBFM. - The Depattment, in 
2 
coordination with other agencies of government, shall develop measures for sustained 
3 
financing to establish CBFM in all areas of the country. Towards this end, the 
4 
Department shall prioritize the following: Within six (6) months from enactment of this 
5 
Act, the Secretary shall organize a committee composed of duly-authorized 
6 
representatives of the Development Bank of the Philippines (DBP), the Land Bank of the 
7 
Philippines (LBP), the Govermnent Service Insurance System (GSIS), the Social Security 
8 
System (SS8), the Bankers Association of the Philippines and other govemment and 
9 
private financial institutions to fonnulate workable financing mechanisms and 
10 
instruments to fund implementation of the CBFM strategy and its sub-strategies. The 
11 
committee shall elect its chainnan from atnong its members and shall, within one year 
12 
fi'om effectivity of this Act, prepare the necessary policies, guidelines and procedures for 
13 
14 
15 
16 
17 
'18 
19 
20 
21 
22 
23 
24 
25 
this purpose. 
(a) 
[n recognition of the favorable impact on water quality and supply that can 
be achieve through sustainable forest management, the Department, in 
collaboration with the Department of Local Government, and all 
government, semi-government and private agencies involved in water 
management and distribution, shall fonnulate policies, procedures and 
guidelines for collection of fees for water used for domestic, industrial and 
agricultural purposes, and allocation of such fees for watershed protection. 
The relevant policies, procedmes, and guidelines shall be designed to ensure 
that the communities responsible for managing specitic areas of torest land 
and resources are J'ewarded for the management and protection measures 
they apply, given the benefits of water supply that accrue to society at large 
as a result oftheir efforts. 
23 


1 
2 
3 
4 
(b) 
Within one (I) year from effectivity of this Act, the Secretary shall submit 
the results of (a) and (b) above to Congress through the Office of the 
President for enactment of appropriate enabling legislation. 
5 
SEC. 21. Areas Available for CBFM. - Subject to pnor vested rights, the 
6 
CBFMS shall be implemented on all public forestlands, ancestral domains of ICCs and 
7 
on protected areas subject to the provisions of the NIP AS Law. CBFM may allowed by 
8 
the Secretary in watershed reservations to promote adequate protection and rehabilitation 
9 
provided that land-use practices and activities would not induce severe soil erosion and 
10 
surface run-off. 
11 
SEC. 22. Recogllitioll IltId Mamlgemellt of Allcestral Domllills. -
The 
12 
recognition and management of ancestral domains shall be governed by the provisions of 
13 
Republic Act 8371, othelwise known as the "Indigenous People's (IPS) Rights Acts of 
14 
1997." The National Commission on Indigenous Peoples (NCIP) shall coordinate with 
15 
the Depmtment in providing assistance to the indigenous peoples in the sustainable 
16 
management of forest resources within ancestrallallds and domains. 
17 
18 
CHAPTER VI 
19 
REFOREST A TION PROGRAM 
20 
SEC. 23. Reforestatioll ill Forestlalld. - Consistent with Section 13 hereof, the 
21 
Department, in coordination with local government units (LGUs), other government 
22 
agencies, NGOs, local residents mld communities shall identify and prioritize forest lands 
23 
to be reforested pursuant to ilie definition contained in Chapter !, Section 3, paragraph 
24 
(nn) hereof and consistent with the land use of the LGUs. 
24 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
(a) 
In each prioritize area, whether at the city, municipal or provinciallevcl, the 
Department, in coordination with the concerned LGU, shall design an 
accelerated reforestation program designed to accomplish reforestation on a 
least fifty percent (50%) of the prioritized area within five (5) years and 
eight percent (80%) of the area within ten (10) years from effectivity of this 
Act. 
(b) 
To achieve the goals set fOlill in the immediately preceding paragraph (a), 
the Depaltment shall develop strategies that promote and encourage broad-
based participation of all sectors, particularly forest communities, LGUs, 
private investors and non-government organizations, in reforestation. 
(c) 
In its annual budget submission to the Legislature, the Department shall 
include budgetary allocations in the General Appropriations Act in adequate 
amonnts to effectively accomplish reforestation of prioritized target areas. 
15 
SEC. 24. Development of Protection Forests. - In the identification of target 
16 
areas pursuant to Section 22 above, the Deprutment shall prioritize establishment of tree 
17 
cover, other diversified perennial vegetation and accompanying soil and water 
18 
conservation measures on lands that have a direct impact on water supply and quality, 
19 
bio-diversity and enviromnental protection, with special emphasis on lands covered by 
20 
the NIP AS Act. 
21 
22 
23 
24 
25 
(a) 
Pursuant to the sound principles of ecological succession, and to achieve 
optimum cost-effectiveness, assisted natural regeneration (ANR) shall be 
prioritized in the development of protection forests and not less than fifty 
percent (50%) of the Deprutmenl's annual appropriations for development of 
protection forests shall be allocated for ANR implementation. 
25 


1 
2 
3 
4 
5 
(b) 
Measures which harmonize human occupation and environmental protection 
shall be included in the development of protection forests including land 
terracing, establishment of vegetative hedgerows on contours, planting of 
fruit trees, bamboo and the like. 
6 
SEC. 25. Developmeflt of Productiofl Forests. - Reforestation strategies shall 
7 
emphasize, prioritize and encourage the development of underutilized private land to 
8 
eventually supply the major potion of timber, bamboo, rattan and other forest products 
9 
needed to satisfy local demand and take optimum advantage of export opportunities. 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
(a) 
Towards this, end, the Department shall provide free technical assistance to 
landowners who wish to implement reforestation on their private lands. 
(b) 
All trees and other forest products grown on private lands shall be 
considered agricultural crops belonging to the owner who shall have the 
right to sell, contract, convey, process or dispose of the same in any manner 
he/she sees fit. No forest charges, environmental fees or similar levies shall 
be imposed by national government agencies and/or local government units 
on such trees and other forest products grown on private land. nor shall any 
rules or regulations be enacted to control the transport of such products 
except those necessary to prevent accidents or damage to roads and other 
infrastructure. Furthermore, the owners shall be entitled to the incentives 
provided under Section 26, subsections (a), (b), (c), (d) and (e) hereof. 
(c) 
In addition to private land, the development of production forests on 
government land (Le. forestlands) shall also be encouraged by way of long-
term lease and other mechanisms formulated by the Department and 
consistent with the provisions of the Constitution and relevant legislation. 
26 


1 
2 
3 
4 
5 
6 
The Depmtment, in coordination with potential investors, shall identiry 
denuded areas for development of production forests on government lands. 
(d) 
The conversion of natural forests on government Imld to plantations or other 
land use shall be totally banned for a period of thirty (30) years from 
effectivity of this Act. 
7 
SEC. 26. Rejoreslfttion or Establishment oj Forest Plantation in Forest Lands 
8 
Under Otller Government Agencies. - Other government agencies and institutions 
9 
having jurisdiction over forestlands as provided under Section 10 lli1d II of this Act shall 
10 
be responsible for the reforestation lli1d rehabilitation of denuded and degraded portions 
11 
l?f the forestlands under their jurisdiction. Within two (2) yem's from the effectivity of this 
12 
Act, such other agencies/institutions shall fOlmulate mlli1agement pllli1s for their areas, 
13 
indicating therein the sites identified for reforestation, mld sites that will be used for other 
14 
purposes. These plmls shall be subject to approval by the Department. Failure to reforest 
15 
lands identified for the purpose within five (5) years from Department approval of the 
16 
management pllli1s shall be sufficient grounds to revert the said forestlands to the 
17 
jurisdiction and control of the DepUltment. The Department shall provide necessary 
18 
technical assistance upon request by the concerned agencies. 
19 
20 
SEC. 27. Incentives. - To encourage qualified persons to engage in forest 
21 
plantation activities, the following incentives shall be grlli1ted, in addition to those already 
22 
provided by existing laws: 
23 
(a) 
The agreement holder shall not be snbject to any obligation prescribed or 
24 
arising out of the provisions of the National Internal Revenue Code on 
25 
withholding tax at source upon interest paid on borrowing incurred for the 
26 
development of forest pllli1tations; 
27 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
(b) 
Amounts expended by the agreement holder in the development and 
operation of a forest plantation prior to the commercial harvest, shall be 
regarded as ordinary and necessary expense as capital expenditnre; 
(c) 
The Board of Investments shall classifY forest plantations as pioneer and 
preferred areas of investment under its annual priority plan SUbject to the 
rules and regulations of the said Board; 
(d) 
The agreement holder shall be given priority in credit assistance granted by 
Govenmlent-owned, controlled and/or supported financial institutions. For 
this purpose, the Committee created under Section 19 of this Act and the 
Department shall within one (l) year of the effectivity of this Act, create a 
favorable mechanism to support reforestation and establishment of forest 
plantations; 
(e) 
Upon the premature termination of agreement at no fault of the holder, all 
depreciable including the planted, standing trees and other forest crops 
introduced and to be retained in the area shall be properly valuated and the 
holder shall be mutually agreed upon by both the Department and the holder 
and in case of disagreement between them, by a mutually acceptable 
impartial third party; 
(f) 
No contract or agreement shall be terminated except for cause or for reason 
of public interest, and only after due process which informs the concerned 
parties of the intention to terminate and allows them to present their 
objections, comments or other relevant information; and 
(g) 
The agreement holder has the right to transfer, contract, sell or convey his 
rights to any qualified person. 
28 


1 
The Secretary of the Department may provide or recommend to the President, 
2 
other incentives in addition to those granted under this Section to promote reforestation 
3 
and establishment of forest plantations. 
4 
5 
SEC. 28. Voluntary Offer to Reforest - Private landowners, whether natural or 
6 
juridical persons may participate in reforestation and plantation development or similar 
7 
programs of the Department, with the landowner contributing his land and the 
8 
Department furnishing funds to reforest the m'ea; Provided, That the property shalt be 
9 
exclusively devoted to the planting of forest species for at least one (l) rotation, which 
10 
undertaking shall be annotated at the back of the title of the property. 
11 
12 
SEC. 29. Establishment of City or Municipal Parks or Forests. - Every City or 
13 
Municipality shalt establish a city or municipal park or forest and shall include in its 
14 
yearly budget the necessary funds for its establishment and maintenance. The Department 
15 
shall provide technical assistance to the city or municipality concerned upon request, and 
16 
shalt coordinate with the Department of Interior and Local Govemment, non-government 
17 
organizations and other sectors to ensure compliance with this provision. The Department 
18 
shalt, upon request of concerned LGU, set aside areas for watersheds or other purposes 
19 
that are consistent with forest conservation and protection of the environment. 
20 
21 
SEC. 30. Establishment of Tree Parks in Subdivisiofl (md Providing Tree 
22 
Planting on Roadsides. - Every subdivision project to be developed after the passage of 
23 
this Act shall include the establishment of a tree park covering not less than fifty percent 
24 
(50%) of the total open spaces required under existing laws and regulations. Guidelines 
25 
for the establishment of tree parks within subdivisions shall be prepared jointly by the 
26 
Housing and Land Use Regulatory Board (HLURB) and the Department. For every 
29 


1 
national, provincial, city or municipal road/highway constIuction project, the Department 
2 
of Public Works and Highways (DPWH) or the concel11ed LGU shall include the planting 
3 
and maintenance of tree and/or perennial shrubs along the road/highway, and 
4 
establishment of roadside parks-cum-rest aTeas planted to trees and/or perennial shrubs 
5 
every fifty (50) kilometers along the road/highway, and shall provide adequate funds for 
6 
this purpose in the respective budget for road/highway construction. 
7 
8 
CHAPTER VII 
9 
FOREST PROTECTION 
10 
SEC. 31. Commercial Logging Activities. - In all forestlands as defined in 
11 
Section 3 (w) hereof, there shall be a ban on all commercial logging activities for a period 
12 
of thirty (30) years from the effectivity of this Act, and the issuance of licenses, permits 
13 
or agreements to harvest timber from natural forests in forestlands is hereby prohibited, 
14 
except as provided nnder Section 33, hereof. Existing timber license agreement, licenses 
15 
or pel111its shall be allowed to continue until their expiry, unless otherwise terminated for 
16 
cause. Upon expiration of the thirty year ban, the commercial utilization forests may be 
17 
allowed subject to rules and regulations presclibed by the Department. 
18 
19 
SEC. 32. Exemptions. - Community-based forest management projects, industrial 
20 
forest plantations, tree farms, agro-forestry fanns and other forest plantations including 
21 
bacauan and other mangrove forest plantations, communal forests, ancestral lands and 
22 
domains with approved ancestral domain management plans, and research projects 
23 
approved by govemment agencies concerned shall not be covered by Section 31 of this 
24 
Act. Govel11ment projects and those of public ntilities involving right-of-way, the 
25 
development of mineral reservations and energy resource and the like shall be allowed 
30 


1 
su~iect to the issuance of an Environmental Compliance Certificate by the Secretary of 
2 
the Department. 
3 
4 
SEC. 33. Displaced Workers. - Workers of existing commercial logging 
5 
operations, including wood processing plants, who will be displaced as a result of this 
6 
Act, shall be given priority in employment in government forestry programs including 
7 
those mentioned in Sec. 15 of this Act as well as other reforestation programs for a period 
8 
of four (4) years from the effectivity of this Act; Provided, That workers who are upland 
9 
dwellers displaced as a result of this Act shall likewise be given priority for employment 
10 
in said forestry and reforestation programs and in the allocation of forestlands tor forest 
11 
development and livelihood. 
12 
13 
SEC. 34. Assistance of Law Enforcement Agencies. - The Department shall 
14 
deputize law enforcement agencies and instrumentalities of the Government, including, 
15 
but not limited to, the Philippine National Police (PNP), the Armed Forces of the 
16 
Philippines (AFP) and the National Bureau of Investigation (NBI), for the enforcement of 
17 
the logging ban and for the conservation and protection of forests. The assistance of the 
18 
NGOs, cooperatives, citizen groups and community organizations shall also be utilized 
19 
for the same purpose. The Department of National Defense (DND), through the AFP, in 
20 
close coordination with the Department, shall crate a special forest law enforcement unit 
21 
through a process jointly designed by the DND and the Department and composed of 
22 
members recruited from the major service commands of the AFP. 
23 
The special unit, jointly supervised by the DND and the DENR, shall provide 
24 
effective protection of the country's forestlands, including Protected Areas and areas 
25 
which shall have been reforested. It shall likewise assist the government's reforestation 
31 


• 
• 
1 
program 111 a capacity to be designated by the Department, including other tasks 
2 
necessary for the effective implementation of this Act. 
3 
The Secretary of Justice shall permanently designate a special prosecutor in every 
4 
city and province to immediately file charges against forest violators and ensure their 
5 
speedy prosecution. He shall promulgate the necessary rules and regulations to expedite 
6 
the prosecution of offenses committed under this Act. 
7 
8 
SEC. 35. Role lif Local Residents. - Qualified local residents may be deputized 
9 
by the Department to assist in the protection of forests against illegal loggers, poachers, 
10 
kaingeros and land speculators. They shall likewise be given the authority to arrest forest 
11 
violators within their communities, subject to existing laws and regulations on an'est and 
12 
detention. 
13 
14 
SEC. 36. Preventioll lif Forest Fires all(/ (.imtrol of Forest Pests alld Diseases. -
15 
The Department. in collaboration with the concerned local government unit, shall 
16 
formulate and implement a program of fire prevention and control including incentives to 
17 
LG U s, private organizations or individuals who patticipate actively in fire prevention and 
18 
control to reduce damage to forest resources. 
19 
The Department shall formulate and implement an integrated pest and diseases 
20 
management program including quarantine procedures for imported seeds, animals, 
21 
plants and other forest products and plant parts to prevent and Control Forest pests and 
22 
diseases. 
23 
24 
SEC. 37. Illformatioll alld Reward System. - The Depattment shall establish an 
25 
information and rewards system as part of the community's participation in the protection 
26 
of forest resources. The rewards shall be immediately payable upon the establishment of 
32 


1 
prima facie proof of violation. In cases where the information given leads to the seizure 
2 
of logs, timber, and other forest products, and results in a conviction, the informer shall 
3 
be entitled to twenty percent (20%) of the gross proceeds of the seized logs/timber/other 
4 
forest products disposed of through public bidding which shall be payable within three 
5 
(3) days after full payment by the winning bidder. 
6 
7 
CHAPTER VIII 
8 
FORESTRY RESEARCH, EDUCATION TRAINING AND EXTENSION 
9 
SEC. 38. Research atld Techtlology Developmetlt atld Traflsfer. - Research and 
10 
technology development transfer shall be strengthened to support sustainable 
11 
management of forest resources. The Department, the Department of Science and 
12 
Technology and the Colleges of Forestry of State Universities shall within one (I) year 
13 
from the passage of this Act, prepare a research and technology development and transfer 
14 
agenda for sustainable forest management, which shall be implemented, monitored, and 
15 
reviewed in accordance with existing research management systems. Provided, That 
16 
adequate and sustainable funds for' research and technology development and transfer 
17 
shall be provided under the General Appropriations Act. 
18 
19 
SEC. 39. Forestry Extellsiofl Service. - Within one (I) year from effectivity of 
20 
this Act, Department shall formulate a program for development of an etfective forestry 
21 
extension service and include funds and plantilla for the same in its annual budget 
22 
submission to Congress for inclusion in the General Appropriation Act. This program 
23 
shall be revised and updated as needed to ensnre Department capability to provide 
24 
competent extension services to all sectors involved or intending to participate in 
25 
retorestation and other forest management activities on forestlands or privately-owned 
26 
lands. 
33 


1 
The Department, through its forestry extension service, shall also develop a 
2 
pmgram to encourage land owners, especially those with lands above 18% slope, to 
3 
forest their properties. 
4 
5 
SEC.40. National Public Iiiformation, Education and Advocacy Campaign. -
6 
The Department, the Philippine Information Agency (PIA), the Depaltment of Education, 
7 
Culture and Sports (DECS), State Universities and Colleges, Private Universities and 
8 
,;Colleges, with support from LGUs, NGOs, media and other organizations, shall 
9 
formulate and implement a sustained, nationwide, public information and advocacy 
10 
campaign for forest and natural resources conservation and sustainable development. The 
11 
DECS with the assistance of the Department and the College of Forestry departments of 
12 
State Universities and Colleges, shall formulate cun'icula for forest and natural resources 
13 
conservation, which the DECS will prescribe for inclusion in the curricula for elementary 
14 
and high school education. Congress shall allocate funds for the purpose of supporting a 
15 
systematic campaign to promote community ecological awareness throughout the 
16 
country, 
17 
18 
SEC. 41. Formal Forestry Education. - The Commission on Higher Education 
19 
and Development (CHED) in collaboration with the Department, Board of Foresters of 
20 
the Professional Regulations Commission (PRC) and duly accredited Forestry 
21 
Professional organizations, s hal I actively pursue the rationalization of formal forestry 
22 
education to ensure high quality manpower output to meet the needs of the forestry 
23 
sector. 
24 
25 
SEC. 42. Continuing Education ill Forestry. - A non-formal program of 
26 
continuing education shall be established to maintain the growth of the forestry 
34 


1 
professional. The Board of Foresters of the Professional Regulations Commission (PRC) 
2 
and the Civil Service Commission (CSC) shall provide the guidelines for a continuing 
3 
education program in forestry. The Department by itself or in cooperation with academic 
4 
institutions shall develop the infrastmctures to institutionalize non-formal continuing 
5 
education for the forestry sector. 
6 
7 
SEC. 43. Establisllmellt of Trailling Center. - The Department shall establish 
8 
and institutionalize a network of training centers in strategic forest resources 
9 
management, development, and utilization to forest otTtcers, LGUs, NGOs and local 
10 
communities including indigenous peoples. Furthermore, the Department shall ensure 
11 
that personnel appointed to critical and sensitive positions undergo training to prepare 
12 
them to discharge their duties and responsibilities professionally, etTtciently and 
13 
effectively. 
14 
15 
SEC. 44. Forestry Development Cellter. - The Forestry Development Center 
16 
(FDC) based in the College of Forestry, University of the Philippines at Los Banos, 
17 
established under Presidential Decree No. 1559, shall continue to serve as the primary 
18 
policy research and development center for forestry and natural resources management. 
19 
The Center shall perform its function in close coordination with the Department and other 
20 
policy research institutions in the country. The Center shall assist the Department in the 
21 
formulation, review and evaluation of proposed and existing policies on forestry and 
22 
natural resources management. As such, the FDC shall submit a quarterly written/formal 
23 
report to the Secretary on policy research and development, formulation, review and 
24 
evaluation of proposals and existing policies. To enable the Center to carry out its 
25 
mandated functions, the Department shaH pro vide financial support to the Center based 
26 
on an approved program of activities, and which SUppOit shall not be less than five (5) 
35 


1 
million pesos yearly and shall be incorporated in the annnal appropriations of the 
2 
Department under the General Appropriations Act. 
3 
4 
CHAPTER IX 
5 
DISPOSITION AND UTILIZA nON OF FOREST RESOURCES 
6 
SEC. 45. Modes of Forest M(magement Agreement. -
The development, 
7 
utilization and management of forest resources on forestlands shall be under the full 
8 
control and supervision of the Depmtment. The State may directly undertake such 
9 
activities or it may enter into co-production, joint venture or production sharing 
10 
agreement with qualified Filipino citizens or corporations, subject to the relevant laws, 
11 
rules and regulations; Provided, That interested members of forest communities as 
12 
defined in Section 3 hereof, shall be given priOlity in the grant of said agreements; 
13 
Provided, jilrther, That all applications must be acted upon within a period of six (6) 
14 
months. Failure to do so would be grounds for the filing of the appropriate administrative 
15 
or criminal charges against the officer tasked to cany out the said function. Such 
16 
agreements shall have a duration of twenty-five (25) years, renewable for another twenty-
17 
five (25) years under such terms and conditions as may be provided by the Secretary; 
18 
Provided, That such agreements may not be terminated except for cause or when public 
19 
interest so requires. 
20 
Current holders of existing and valid licenses, contracts or agreements granted by 
21 
the government for the development, management and utilization of forest resources may 
22 
be allowed to continue under the same tenns and conditions until expiry of such 
23 
license/contracts/agreements or the same may be converted into any other mode 
24 
authorized under this Act and consistent with guidelines promulgated by the Depmtment; 
25 
Provided, That no such conversion will be allowed in protection forests as defined in 
36 


1 
Section 8 of this Act. The Department is hereby authorized to fonnulate rules and 
2 
regulations covering the relevant terms and conditions thereof. 
3 
4 
SEC. 46. Trallsfer. - No holder of a co-production, joint venture or production 
5 
sharing agreement or contract shall sub-contract, transfer, exchange, sell or convey the 
6 
same or any of hislher rights or interests therein without authority form the Secretary, and 
7 
any such change of rights/interests shall remain valid for the remaining unexpired tenu of 
8 
the original agreement, subject to compliance with the telms and conditions thereof. 
9 
Provided, That no transfer shall be authorized unless the agreement or contract has been 
10 
in existence and active for at least three years: Provided, further, That the transferor has 
11 
faithfully complied with the tenus and conditions of the said agreement or contl'act; the 
12 
transteree bas all the qualifications and none of the disqualifications to hold the same; 
13 
and the transferee shall assume all the obligations of the transferor. 
14 
15 
SEC. 47. NOli-Timber Forest P,'oducts. - Rattan, bamboos, vines, herbs, exudates 
16 
and other non-timber forest products are integral parts of the forest ecosystem. The 
17 
planting and sustainable management of non-timber producing species shall be 
18 
encouraged! and supported. The development, management and utilization of non-timber 
19 
forest products shall be allowed in accordance with the guidelines to be promulgated by 
20 
DENR. However, In granting permits to harvest or utilize non-timber forest products in 
21 
the natural forests, priority shall be given to local communities or indigenous peoples 
22 
living ne~est the subject forestlands. 
23 
24 
SEC. 48. Grazillg. - The Department shall identify areas in the production forest 
25 
land suitable for grazing purposes. However, no forestland tifty percent (50%) in slope or 
26 
over may be utilized for grazing purposes. 
37 


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2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
(a) 
Identified grazing land shall be turned over to the Department of Agriculture 
(DA) which shall be responsible for licensing utilization of the same through 
lease or other appropriate arrangement by private investors, and shall 
furthermore be responsible for supervising development and management of 
such lands for livestock production purposes; 
(b) 
Within six (6) months from effectivity of this Act, the Department, in 
collaboration with the DA shall formulate and promulgate guidelines for the 
utilization, development and management of grazing lands including, but 
not limited to, prescriptions for pasture improvement, soil and water 
conservation, reforestation of lands over fifty percent slope and other 
relevant activities designed to ensure environmentally-sound management; 
(c) 
Within one (1) year fi'om effectivity ofthis Act, the DA in consultation with 
the Department and revenue collection agencies of the government, shall 
formnlate and promulgate guidelines and criteria for establishing fees and 
charges covering utilization of grazing lands, the amounts of which shall be 
commensurate with a fair value due to government but not less than one 
hundred fifty pesos (P 150.00) annually per hectare; 
(d) 
Existing pasture lease a agreement/forest land grazing lease agreements 
shall be allowed to continue under the current terms and conditions for the 
unexpired term subject to compliance guidelines promulgated pursuant to 
paragraph (b.) above; 
(e) 
The DA shall not issue any new permit, lease, or contract, nor such existing 
agreements be allowed to continue on grazing lands if not covered by the 
EIS and an ECC; 
(f) 
Within one (I) year ii'om eftectivity of this Act, the DA, in collaboration 
with the Department shall conduct and complete a review of performance of 
38 


1 
2 
3 
4 
5 
6 
existing pastme lease/forestland grazing lease agreement/permits and cancel 
all such agreement/permits which are inactive or not in compliance with 
terms and conditions set forth in such agreements/permits; and 
(g) 
Forestlands that are the subject of cancellation shall be returned to the 
Department for rehabilitation protection and conservation. 
7 
SEC. 49. Milling and Power Generation Operations ill Forestlands. - Forest 
8 
resomces inside mineral lands are under the Department's jmisdiction, and their 
9 
management and utilization are subject to the provisions of this Act. Power generation 
10 
and small scale mining oper;ltions in forestlands may be allowed only after the issuance 
11 
of an Environmental Compliance Certificate (ECC). 
12 
13 
SEC. 50. Roads and otller infrastructure. - Roads and other infrastructure inside 
14 
forestlands shall be constructed with the least impairment to the resomce values found in 
15 
such torestlands. Government agencies tmdertaking the construction of roads, bridges, 
16 
communication and other infrastructure inside forestlands shall coordinate with and seek 
17 
prior authority from the Department. 
18 
Persons allowed to develop, explore or utilize forest resources as provided under 
19 
Section 50 of this Act, may be allowed to construct roads and other infrastructme inside 
20 
the forestlands in accordance with approved comprehensive management plans, and upon 
21 
compliance with EIA and ECC requirements and upon authorization by the Department. 
22 
All roads and infrastructme constructed by forest management agreement holders and 
23 
other permittees, licensees, lessees shall belong to the State, and their use and 
24 
administration shall be transferred to the governmentupon termination of the agreement. 
39 


1 
CHAPTER X 
2 
FOREST -BASED INDUSTRIES 
3 
SEC. 51. Establishmetlt ami Operatiotl of Forest-Based iI,dltstries. - It shall be 
4 
the policy of the State to assure the availability and sustainability of the country's forest 
5 
resources through judicious use and systematic restoration or replacement, increase the 
6 
productivity of forest resources to meet the demands for forest-based goods and services 
7 
of a growing population; enhance the contribution of forest resources for achieving 
8 
national economic and social development; and promote equitable access to forest 
9 
resources. The State shall promote the establishment, operation and development of 
10 
forest-based industries: Provided, That the Department shall regulate the establishment 
11 
and operation of processing plants or mills for forest products. To achieve this policy 
12 
statement, incentives shall be provided to forest-based industries. 
13 
14 
SEC. 52. Incentives for Forest-Based Indltstries. - To enable forest-based 
15 
industries to be efficient, competitive and economically viable, the following incentives 
16 
shall be granted in addition to those already provided by existing laws: 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
(a) 
All processing plants or mills shall be granted operating pemlits with a 
duration of five (5) years and automatically renewable every five (5) years 
thereafter, subject to compliance with the terms and conditions of such 
permits: Provided, That permits of processing plants owned or operated by 
holders of forest management agreements or contracts shall be co-terminus 
with the expiry of said agreements or contracts; 
(b) 
The Department shall provide incentives for the processing of lesser used 
and non-wood species, and all logging and wood processing wastes; 
(c) 
The Depaltment shall, within one (I) year from the effectivity of this Act, 
submit to Congress, through the President of the Philippines, additional 
40 


1 
2 
3 
4 
5 
6 
7 
measures that need to be legislated and that are designed to improve the 
competitiveness and viability of forest-based industries; 
(d) 
The Department shall promote and strengthen the linkages between 
corporate and community-based industries; and 
(e) 
The Department may provide other incentives to forest -based industries as 
may be necessary. 
8 
SEC. 53. Export and Sale of Timber Products. - Finished and semi-finished 
9 
lumber products, wood manufactures and other finished wood products derived from 
10 
local and imported logs and planted species shall be allowed for export. However, logs 
11 
and unprocessed wood of naturally-grown species of whatever dimensions cut, gathered 
12 
or removed from natural forests in forestlands shall not be exported. 
13 
Exportation of logs, lumber and other finished products from plantations shall be allowed 
14 
pursuant to such guidelines that the Department may promulgate. Furthermore, no 
15 
restrictions, rules and regulations shall be imposed to prevent the export of timber and 
16 
other forest products derived from plantations established 0 privately owned lands. 
17 
No person shall sell or offer for sale any log, lumber, plywood or other 
·18 
manufactured wood products in the international or domestic market unless he/she 
19 
complies with the grading rules and standards, or any act of falsitication of the volume of 
20 
logs, lumber, or other forest products in the international or domestic market shall be 
21 
sufficient cause for cancellation of export license, wood processing permit, or other 
22 
license or permit authorizing the manufacture or sale of such products. 
23 
SEC. 54. Importation of Logs and Otller Forest alUl Wood Products. - Logs, 
24 
lumber and other forest and wood based products may be imported subject to the tariff 
25 
schedules and/or rules and regulations promulgated by the government. 
41 


1 
CHAPTER XI 
2 
FOREST CHARGES, FEES ANI> RENTALS 
3 
SEC. 55. Fees and Rentals for the Utilization, Exploitation, Occupation, 
4 
Possession of amI Activities Witl,ifl Forestlaflds. - The Department shall prescribe 
5 
appropriate fees and rentals tor the different kinds of utilization, exploitation, occupation, 
6 
possession of, or activities within forestlands. Likewise, fees shall be collected for the 
7 
filing and processing of application thereof as well as the issuance and renewal of license, 
S 
permits and agreements. 
9 
10 
SEC. 56. Forest Charges. - f'orest charges shall be collected on forest products in 
11 
accordance with the provisions of Republic Act No. 7161. The Department shall develop 
12 
guidelines for the assessment and collection of forest charges. 
13 
14 
SEC. 57. Fees for Admiflistrutive Services Rendered by tlte Depurtment. - Fees 
15 
shall be collected for various administrative services rendered by personnel of the 
16 
Department in connection with their duties and responsibilities as may be requested by 
17 
interested parties, including but not limited, to surveying, mapping and other similar 
18 
service activities. 
19 
20 
CHAPTER XII 
21 
APPROPRIA nONS AND FINANCING SUPPORT 
22 
SEC. 58. Appropri(ttiofls. - The amount necessary to carry out the provisions of 
23 
this Act shall be included in the General Appropriations Act of the year following its 
24 
enactment into law and thereafter. 
42 


1 
SEC. 59. Fundillg. - In its budget preparation, the Department and the local 
2 
government units shall allot adequate funds to effectively implement (CBFM) targets and 
3 
shall ensure the inclusion of such budgetary allocations in the annual General 
4 
Appropriations Act. 
5 
6 
SEC. 60. Sustaillabfe Forestry Developmellt Fund. - In order to provide 
7 
sustainable funds for forestry development and protection activities such as retorestation 
8 
and CBFM projects, a sustainable forestry development fund shall be created. At least 
9 
thirty percent (30%) of the torest charges and government share in all products removed 
10 
from the forestlands, rentals, proceeds from sales and confiscated forest products 
11 
including conveyances, fines and penalties and administrative charges shall be collected 
12 
and set aside for the buildup of sustainable forestry, development fund. 
13 
The Department, through the Forest Management Bureau (FMB), in coordination 
14 
with LGUs, NOOs, POs and government financial institutions shall create mechanism to 
15 
manage the Sustainable Forestry Development Fund. 
16 
17 
CHAPTER XIII 
18 
CRIMINAL OFFENSES AND PENALTIES 
19 
SEC. 61. Harvestillg, Gathering alld/or Collectillg Timber or Otller Forest 
20 
Products Wit/lOut Authority. - Any person who shall harvest, cut, gather, collect or 
21 
remove timber or other forest products form any forestland, or timber from natural forest 
22 
inside alienable and disposable public land, without authority ii-om the Secretary or who 
23 
shall possess timber or other forest products without the pertinent required legal 
24 
documents shall be punished by imprisonment ranging from prison mayor minimum 
25 
period to reclusion temporal minimum period and/or a fine equivalent to ten times the 
26 
value of the said forest products but not less than fifty thousand pesos (P50,000): 
43 


1 
Provided, that in case of partnership, associations or corporation, the president, managing 
2 
partner, and general manager shall be liable, and if such officers is an alien, he shall, in 
3 
addition to the penalty, be deported without further proceedings on the part of the Bureau 
4 
of Immigration and Deportation. Offenders who are public otlicials shall be deemed 
5 
automatically dismissed from otlice and pennanently disqualified from holding any 
6 
elective or appointive position. All timber or any forest products cut, gathered, collected, 
7 
removed or possessed and all the conveyances, machinery, equipment, implement, work 
8 
animals and tools used in connection with this violation shall be seized and confiscated in 
9 
favor of the government. 
10 
11 
SEC. 62. Illegal Cutting as an Act of Economics Sabotage. - If any acts 
12 
enumerated in the preceding section have been committed by an armed group or 
13 
organized group through conspiracy, threat, fraud or deceit tile gathering, collecting or 
14 
removing timber or other forest products from any forestland or alienable and disposable 
15 
public land without any authority from the Secretary, or possession of timber or other 
16 
forest products without the pertinent required legal documents shall be considered as an 
17 
act of economic sabotage and shall be punishable by reclusion perpetua. 
18 
19 
SEC. 63. Use of Illegally Cut Timber in Government Infrastructure Projects. -
20 
Contractors of government infrastructure are required to obtain certification from the 
21 
Department that the lumbers used were fonn legitimate sources. Use of illegally cut 
22 
timber in government infrastructure projects is prohibited and shall be sufficient cause for 
23 
withholding of the payment of the contractor. Further, the contractor may be subject to 
24 
the penalties provided under Section 72 hereof. 
44 


1 
SEC. 64. Damage to Residual Trees. - To ensure the sustainability of the forest, 
2 
adequate number of residual trees shall be marked to form part of the managed forest and 
3 
as the future timber crop before any harvesting operations commence. Any marked 
4 
residual tree that is damaged is subject to a fine equivalent to four times the regular forest 
5 
charges. 
6 
7 
SEC. 65. Grazing Livestock on Forest/amI Wit/lOut a Permit. - Imprisonment for 
8 
not less than two (2) years nor more than four (4) years and a 17 fine equivalent to ten 
9 
times the regular rentals due in addition to confiscation of such livestock and all 
10 
improvement introduced in the area in favor of the government shall be imposed on any 
11 
person who shall, without authority under a lease or permit, graze or cause to graze 
12 
livestock in forestlands, grazing lands and alienable and disposable lands, which have not 
13 
yet been disposed of in accordance with the Public Land Act: Provided, that in case the 
14 
oftender is a corporation, partnership, or association, the offer or director thereof who 
15 
directly caused such shall be liable. In case the offender is a public officer or employee, 
16 
he shall, in addition to the above penalties, be deemed automatically dismissed from 
17 
office and pennanently disqualified from holding any elective or appointive position in 
18 
the government service. 
19 
20 
SEC. 66. Unlall'jil/ Occupatio" or Destructive of Forest/am/s. - Any person 
21 
who enters, occupies or possesses Of makes kaingin for his own private use or for others, 
22 
in any forestland, or .grazing land without authority from the Secretary, or in any manner 
23 
destroys such forestland or part thereof, or causes any damage to the forests found 
24 
therein, or assists, aids or abets any other person to do so, or sets a fire, or negligently 
25 
permits a fire to be set in any forestland, be punished an amuunt of not less than Twenty 
26 
Thousand Pesos (P20,OOO.OO) nor more than one hundred thousand pesos (PIOO,OOO.OO) 
45 


• 
1 
and imprisonment of not less than two (2) years nor more than twelve (12) years and a 
2 
fine equivalent to eight times the regular forest charges due on the forest products 
3 
destroyed without prejudice to payment of the full costs of rehabilitation of the occupied 
4 
areas as 3etermined by the Department: Provided further, That the maximum penalty 
5 
prescribed herein shall be imposed upon an offender who repeats the same offense for the 
6 
third time or oftener. In all cases, the court shall further order the eviction of the offender 
7 
fonn the land and the forfeiture to the government of all improvements made and all 
8 
vehicles, domestic animals and equipment of any kind used in the commission of the 
9 
offense. If not suitable for use by the Department, said vehicles, domestic animals and 
10 
equipment and improvements shall be sold at public auction, the proceeds from which 
11 
shall accrue to the Sustainable Foresu'y Development Fund. In case the offender is a 
12 
government officer or employee, he shall, in addition to the above penalties, be deemed 
13 
automatically dismissed from office and permanently disqualified from holding any 
14 
elective or appointive position in the government service. 
15 
If the offender is an alien, he shall be deported after service of sentence and 
16 
payment of fines without any further proceedings. 
17 
18 
SEC. 67. Illegal Acts on Wildlife, - It shall be unlawful' for any person to collect, 
19 
mtch possess, hunt, wound, kill, capture, or destroy the nest or eggs, host plants, trade, 
20 
display or keep in petshops, flowershops, orchidariums, nurseries, and the like, threatened 
21 
wildlife, its by-products or derivatives or destroy the habitats of wildlife, including those 
22 
designated as critical habitats. 
23 
Any person violating this provisions shall be puniShed by imprisonment of six (6) 
24 
years and one (I) day to twelve (12) years and a fine of One Million Pesos 
25 
(Pl,OOO,OOO.OO) for species listed under Cites I ; Seven hundred fifty thousand pesos 
46 


1 
(P7S0,OOO.OO) for species listed under CITES II; and Five hundred thousand pesos 
2 
(PSOO,OOO.OO) for threatened species. 
3 
A criminal action for violation of this provision shall not bar the institution of a 
4 
civil action tor damages which may proceed independently. 
5 
All wildlife and its derivatives or by-products, and all paraphemalia., tools and 
6 
conveyances used in connection with violations of this provision shall be seized and 
7 
confiscated in favor of the govemment. 
8 
In case the offender is a govemment officer or employee, he/she shall, in addition 
9 
to the above penalties, be deemed automatically dismissed form office and permanently 
10 
disqualified from holding any elective or appointive position in the government service. 
11 
If the offender is an alien, he/she shall be deported after service of and payment of fines 
12 
without any fiJrther proceedings. 
13 
14 
SEC. 68. Misdeclaration, falsification of Forest Resollrce Inventory, Scaling. 
15 
Sllrveys and Reports by Government Official or Employee. - Any public officer or 
16 
employee who knowingly misdeclares or falsifies forest resource inventOlY, scaling, 
17 
surveys and other similar reports which are contrary to the criteria and standards 
18 
established in this Act or the lUles and regulations promulgated hereunder shall, after an 
19 
appropriate administrative proceedings, be dismissed from the service and pelTIlanently 
20 
disqualified from employment in any agency of the govemment. Upon conviction by a 
21 
court of competent jurisdiction, the same public officer or employee shall further suffer 
22 
an imprisonment of not less than eight (8) years nor more than twelve (12) years and a 
23 
fine of not less than Twenty thousand pesos (P20,OOO.OO) nor more than One hundred 
24 
thousand pesos (lOO,OOO.OO). Furthermore, the subject inventory, survey, classification or 
25 
report shall be null and void. 
47 


1 
SEC. 69. Unlawful Operation of Processing Plants or Mills. Any person 
2 
operating a processing plant or mill without authority from the Secretary of his duly 
3 
authorized representative, shall be punished by a fine of not less than One hundred 
4 
thousand pesos (PlOO,OOO.OO) and confiscation of the equipment and other paraphernalia 
5 
in favor of the government. 
6 
7 
SEC. 70. Prohibition on Issuance of Tax Declaration of Forestlands. - Any 
8 
public officer or employee who shall issue a tax declaration for any purpose of forestland, 
9 
shall suffer imprisonment for a period of not less than four (4) years nor more 'than eight 
10 
(8) years and perpetual disqualification from holding an elective or appointive otlice; 
11 
Provided, That such tax declaration shall be considered null and void. 
12 
13 
SEC. 71. Unlawful Possession of Implements ami Devices Used by Forest 
14 
Officers. - Unlawful possession of otlicial implements and devices used by forest 
15 
otlicers, such as but not limited to marking hatchets, shall be penalized with 
16 
imprisonment of not less than four (4) years nor more than eight (8) years and a fine of 
17 
not less than Twenty thousand pesos (P20,000.00) nor more than One hundred thousand 
18 
pesos (1'100,000.00). In addition, the said forest otlicer responsible for faithful 
19 
possession and use of such implement/device shall be dismissed fornl the service, with 
20 
prejudice to reinstatement and with perpetual disqualification from holding any elective 
21 
of appointive position. 
22 
SEC. 72. Unauthorized Introduction of Logging Tools and Equipment Inside 
23 
Forestlands and National Parks. - It shall be unlawful for any person or entity to 
24 
possess, bring or intTOduce inside forestlands any chainsaw, logging tools or equipment 
2S 
other than bolos and simple hand tools without prior authority from the Secretary of his 
26 
duly authorized representative. Any person found guilty of illegal possession of said 
48 


1 
chainsaw, logging tools or equipment shall be liable to imprisonment of twelve (12) years 
2 
and one (4) day to fourteen (14) years and eight (8) months or fixed not less than Fifty 
3 
thousand pesos (P50,000.00) nor more than One hundred thousand pesos (P I 00,000.00) 
4 
or both, and confiscation of sa:id logging tools and equipment. 
5 
6 
SEC. 73. NOll-paymellt and NOll-Remittallce of Forest Charges. - Any person 
7 
who fails to pay the amount due and payable to the govemment shall not be allowed to 
8 
transport, convey, sell or use the forest product and failure to pay within thiIty, (30) days 
9 
upon assessment of forest charges, shall be a ground for the confiscation of the said forest 
10 
product is favor of the govemment, pursuant to Section 60 of this Act. Any person who 
11 
fails or refuses to remit to the proper authorities said forest charges collectible pursuant to 
12 
the provisions of this Act or the National Internal Revenue Code, as amended, or who 
13 
delays, obstmcts or prevent the saine, or who orders, causes or effects the transfer or 
14 
diversions of the funds for purposes other than those specified in this Act for each such 
15 
offense shall, upon conviction, be imprisonment for not less than six (6) years nor more 
16 
than ten (10) years and be fined from twenty thousand pesos (P20,000.00) to one hundred 
17 
thousand pesos (1'100,000.00). If the offender is a government official or employee, 
18 
he/she shall, in addition, be dismissed from service, permanently disqualified from 
19 
employment or reinstatement and perpetually disqualified from holding any elective or 
20 
appointive office. If the offender is a corporation, parmership or association, the officers 
21 
and directors thereof shall be liable. 
22 
23 
SEC. 74. Illstitlltioll of Criminal Actiolls by Forest Officers. - A torest ofticer 
24 
shall an'est even without warrant any person who has committed or is about to commit, or 
25 
is committing in his presence any of the offenses defined in this chapter. He/she shall also 
26 
seize and confiscate, in favor of the govemment, the tools, equipment and conveyances 
49 


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2 
3 
4 
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8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
used in committing the offense, and the forest products cut, gathered, taken or possessed 
by the offender in the process of committing the offense. The atTesting forest oHicer shall 
thereafter deliver within six (6) hours from time of arrest or seizure, the offender and the 
confiscated forest products, conveyances, tools and equipment, or the documents 
pertaining to the same, and file the proper complaint with the appropriate official 
designated by law to conduct preliminary investigation and file infonnation in court. If 
the arrest and seizure are made in the forest far from authorities designated by law to 
conduct preliminary investigations, the delivery to and filing of the complaint with the 
latter shall be done within a reasonable time sufficient for ordinary travel fi·om the place 
of arrest to the place of delivery. The seized products materials, conveyances, tools and 
equipment shall be disposed of in accordance with the regulations promulgated by the 
Department. The Secretary may deputize any agency, barangay or barrio official or any 
qualified person to protect the forest and exercise the powers or authority provided for in 
the preceding pat·agraph. In the case of reports and complaints regarding the commission 
of any of the offenses defined in this chapter not committed in the presence of any forest 
officer or any of the deputized officers but reported to a forest officer assigned in the area 
where the offense was allegedly committed and the latter shall promptly receive the 
evidence supporting the report or complaint and if such evidence is found sufficient file 
the necessary complaint with the appropriate official authorized by law to conduct a 
preliminary investigation of criminal cases and file an infolmation in court. 
SEC. 75. Liabili(v of Confiscating OfflCers.- Any public officer who fails to 
produce the timber or forest products or any patt thereof including tools, conveyances, 
equipment, machine and devices in his custody pursuant to a seizure or confiscation made 
thereon, or who shall appropriate, take, misappropriate, or permit any other person to take 
such timber or forest products wholly or partially, shall suffer the penalty provided for in 
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1 
Article 217 of the Revised Penal Code. In addition, the said public officer shall be 
2 
dismissed from service pelIDanentiy disqualified from employment or reinstatement and 
3 
perpetually disqualified from holding any elective or appointive office. 
4 
5 
CHAPTER XIV 
6 
ADMINISTRATIVE PROVISIONS 
7 
SEC. 76. Strengtllening of tile Forest Mallagement Bureau alld tile Forest 
8 
Mallagemellt Secto/'. - In order to effectively implement the provisions of this Act, the 
9 
Forest Management Bureau (FMB) shall be strengthened and shall have the following 
10 
functions in addition to the functions enumerated under Executive Order No. 192: a) 
11 
Coordinate and supervise the fOlIDulation and implementation of forestry policies, plans 
12 
and programs; b) Lead in the monitoring and evaluation of these policies, plans and 
13 
programs and the like; and c) Review and evaluate all applications for license, permits, 
14 
joint-ventures, and management agreements for issuance and/or approval by the 
15 
Secretary of the Department. To ensure that the scientific practice of forestry in the 
16 
countly is properly implemented, only registered foresters shall he appointed to the 
17 
positions of Director and Assistant Director of the Bureau and Regional Technical 
18 
Director of the Forestry Sector and all other forester positions, in accordance with 
19 
existing Civil Service rules and regulations. 
20 
The Forest Management Bureau (FMB) shall be organized into a line agency. The 
21 
Secretary, in consultation with the Civil Service Commission (eSC) and the Department 
22 
of Budget and Management (DBM), is hereby authorized to reorganize the Bureau and 
23 
the forestry sector at the field level and create additional positions as may be necessary 
24 
for community-based forest management, forest protection, and other programs mandated 
25 
under this Act, and to upgrade the salaries of foresters and other forest officers. 
26 
51 


1 
SEC. 77. Authority of the Secretury on the Utilization of Forest Resources. -
2 
The utilization of forest resources from natural forests found in forestlands, alienable and 
3 
disposable lands not yet awarded to private individuals or entities, government-
4 
established reservations, and all other forestlands including those under ancestral domain 
5 
claims and control or management of other government agencies, shall be prohibited 
6 
except through valid license, permit, or other agreement approved by the Secretary or 
7 
his/her duly authorized representative. 
8 
9 
SEC. 78. Administrative Authority of the Secretary of II is Dilly Authorized 
10 
Representative to Ordel' Confiscation. - In all cases of violations of this Act or other 
11 
forest laws, rules and regulations, the Secretary or his duly authorized representative may 
12 
order the confiscation of forest products illegally harvested, cut gathered, removed or 
13 
possessed or abandoned, and all conveyances used either by land, water or air as well as 
14 
the machinery, conveyance, equipment, implement and tools used in the commission of 
15 
the offense and to dispose of the same in accordance with pertinent laws, regulations or 
16 
policies on the matter. 
17 
If the confiscated forest products are in danger of deteriorating, the Secretary may 
18 
order that the same be sold at public auctions even before the termination of the judicial 
19 
proceedings, in which case the proceeds shall be turned over and entrusted to the court 
20 
pending the outcome of such proceedings. 
21 
No courts of the Philippines shall have jurisdiction to issue any writ of replevin, 
22 
restraining order, or preliminary mandatory injunction in any case involving or growing 
23 
out of any action by tile Secretary or his duly authorized representative in the exercise of 
24 
the foregoing administrative authority. 
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1 
SEC. 79. Admillistrative Allthority of the Secretary to Impose Filles. - In all 
2 
cases of violations, forest officers of other govemment officials or employees duly 
3 
authorized by the Secretary, shall have free entry into areas covered by a contract, 
4 
agreement, license, lease or permit. Forest officers are authorized to inspect and open 
5 
closed vans suspected to contain illegally harvested, collected or transpOlied forest 
6 
products, provided this is done in the presence of the shipper or consignee or two (2) 
7 
responsible public officials in the locality. Forest Officers are authorized to administer 
8 
oath, take acknowledgement in official matters comlected with the functions of their 
9 
office, take testimony in official investigations conducted under the authority of this Act 
10 
and the implementing rules and regulations issued pursuant thereof. 
11 
12 
SEC. 80. Visitorial Powers. - The Secretary or his duly authorized representative 
13 
shall, from time to time, investigate, inspect and examine records, and other documents 
14 
except bank records related to the operation of any person granted the privilege or with a 
15 
contract to utilize forest resources to detennine compliance with the terms and conditions 
16 
stipulated in the grant, the contract, this Act and pertinent laws, rules and regulations. 
17 
18 
SEC. 81. Other Illcelltives. - Twenty percent (20%) of the value of confiscated 
19 
materials shall be paid as incentives to informants including members of Multi-Sectoral 
20 
Forest may also be donated to LGlls and other govermnent agencies for building 
21 
government infrastructure, in recognition of their participation in forest protection 
22 
activities. Additional incentives may be provided by the Department, in addition to those 
23 
provided under the Government Service Insurance System (GS1S) or Workmen's 
24 
Compensation Law. They shall also be entitled to free legal assistance should legal cases 
25 
be filed against them in the performance of official duties. 
26 
53 


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'< · 
. 
1 
2 
3 
4 
5 
6 
7 
8 
SEC. 82. Protection for Witnesses to Vioiatiou/s of Forestry Laws. - Witnesses 
to violations of this Act or other forestry laws and regulations, including the immediate 
family members of said witnesses, shall be given protection, security and benetits, 
su~iect to the provisions of Republic Act No. 6981, otherwise known as the "Witness 
Protection, Security and Benefit Act" and its implementing rules and regulations. 
SEC. 83. Implementiug Rules and Regulations. - The Secretary, within one (J) 
year from effectivity of this Act, shall promulgate the rules and regulations necessary to 
9 
effectively implement the provisions ofthis Act. 
10 
11 
SEC. 84. Separability Clallse. - Should any provision herein be declared 
12 
unconstitutional, the same shall not effect the validity or the legality of the other 
13 
provisions. 
14 
15 
SEC. 85. Repealing Clause. - Subsections (b), (d), (D, (g), and (i) of Section 4 of 
16 
Act No. 3915; Republic Act No. 460; Presidential Decree Nos. 705, 1153, 1515, 1559, 
17 
1775 and 1998; Letter ofInstruction No. 818; Executive Order-No. 277, aud 278, series 
18 
of 1987, and Executive Order NO. 725, series of 1981, are hereby repealed, and all laws, 
19 
orders, rules and regulations or any part hereof which are inconsistent herewith are 
20 
repealed or amended accordingly. 
21 
SEC. 86. Effectivi(y. - This Act shall take effect fifteen (15) days after its 
22 
publication in the Official Gazette or ill at least two (2) national newspapers of general 
23 
circulation. 
Approved, 
54