Presidential Decree No. 705: Forestry Code

• Presidential Decree No. 705, also known as the Revised Forestry Code of the Philippines, was signed on May 19, 1975.
• The decree aims to revise Presidential Decree No. 389, also known as the Forestry Reform Code of the Philippines.
• It addresses the urgent need for proper classification, management, and utilization of public domain lands to maximize productivity for the increasing population.
• Emphasizes the necessity of reassessing the multiple uses of forest lands and resources to optimize benefits.
• Focuses on the protection, rehabilitation, and development of forest lands to ensure their continuous productive condition.
• States that current laws and regulations governing forest lands are not responsive enough to support re-oriented government programs.
• Revises Presidential Decree No. 389.

Key Policies:

• The multiple uses of forest lands are oriented towards the country's development, advancements in science and technology, and public welfare.
• Land classification and surveys are to be systematized and expedited.
• The establishment of wood-processing plants is encouraged and rationalized.
• Forest land protection, development, and rehabilitation are emphasized to ensure continued productivity.

Definitions of Land Types:

• Public forest: public domain lands not yet classified for forest purposes.
• Permanent forest/forest reserves: classified public domain lands not needed for forest purposes.
• Alienable and disposable lands: classified public domain lands not needed for forest purposes.
• Forest lands: include public forests, permanent forests/reserves, and forest reservations.
• Grazing land: public domain portion set aside for livestock raising.
• Mineral lands: public domain lands classified by the Secretary of Natural Resources based on criteria and guidelines.
• Forest reservations: forest lands reserved by the President for specific purposes.
• National park: forest land reservation of primitive or wilderness character, withdrawn from settlement to preserve scenery, natural and historic objects, and wildlife.
• Game refuge/bird sanctuary: forest land designated for protecting game animals, birds, and fish, closed to hunting and fishing for population restocking.
• Marine park: delimited public offshore area for rare and unique marine species' habitat.
• Seashore park: delimited public shore area for outdoor recreation, sports fishing, and water activities.
• Watershed reservation: forest land reservation for protecting or improving water yield and reducing sedimentation.
• Watershed: land area drained by a stream or body of water with tributaries and a common runoff outlet.
• Critical watershed: drainage area supporting hydro-electric power, irrigation, or domestic water, needing protection/rehabilitation.
• Mangrove: type of forest on tidal flats along the sea coast with brackish water.
• Kaingin: portion of forest land subjected to shifting and/or permanent slash-and-burn cultivation.

Forest Products & Silviculture:

• Forest products: timber, pulpwood, firewood, bark, tree top, resin, gum, wood oil, honey, beeswax, nipa, rattan, other forest growth, associated water, fish, game, and geologic resources.
• Dipterocarp forest: forest dominated by dipterocarp trees like red lauan, tanguile, and Philippine mahogany.
• Pine forest: forest type predominantly of pine trees.
• Industrial tree plantation: forest land extensively planted to tree crops for raw material supply.
• Tree farm: small forest land or tract of land purposely planted to tree crops.
• Agro-forestry: sustainable land management with agriculture crops, tree crops, forest plants, and/or animals, compatible with local cultural patterns.
• Multiple-use: harmonized utilization of land, soil, water, wildlife, recreation, grass, and timber.
• Selective logging: systematic removal of mature or defective trees to leave healthy trees for future timber and forest cover.
• Seed tree system: silvicultural system of partial clearcutting, leaving seed trees to regenerate the area.
• Healthy residual: sound or slightly injured commercial tree left after logging.
• Sustained-yield management: continuous or periodic production of forest products, balancing growth and harvest.
• Processing plant: mechanical setup for converting logs and forest raw materials into wood products.
• Lease: privilege granted by the State to occupy and possess forest land for authorized activity, with rental.
• License: privilege granted by the State to utilize forest resources without occupation rights or to operate a wood-processing plant.
• License agreement: privilege granted by the State to utilize forest resources with occupation rights and the obligation to develop, protect, and rehabilitate the land.
• Permit: short-term privilege to utilize limited forest resources or undertake activity in forest land without occupation rights.
• Annual allowable cut: authorized volume of wood or forest products to be cut yearly from a forest.
• Cutting cycle: number of years between two major harvests in the same working unit or region.
• Forest ecosystem: living and non-living forest components and their interaction.
• Silviculture: establishment, development, reproduction, and care of forest trees. Rationalization: organization of a business or industry using management principles to attain stability and efficiency.
• Forest officer: official or employee of the Bureau appointed to enforce forestry laws and regulations.
• Private right: titled rights of ownership under existing laws.
• Person: includes both natural and juridical persons.

Bureau of Forest Development:

• Section 4 discusses the Bureau of Forest Development.
• It merges all forestry agencies into the Bureau of Forest Development.
• Merged agencies include the Bureau of Forestry, Reforestation Administration, Southern Cebu Reforestation Development Project, and the Parks and Wildlife Office.
• Section 5 discusses the jurisdiction of the Bureau.
• The Bureau has jurisdiction over all forest land, grazing lands, and forest reservations including watershed reservations under other government agencies.
• The Bureau is responsible for the protection, development, management, regeneration, and reforestation of forest lands.
• The Bureau regulates and supervises the operations of licensees, prevents kaingin, and manages occupancy of forest and grazing lands.
• Cooperates to classify lands of the public domain, and enforces forestry laws
• Regulates sawmills, veneer and plywood mills, and other wood processing plants, and studies domestic and world markets of forest products.

Bureau Management:

• The Bureau is headed by a Director, assisted by Assistant Directors which are appointed by the President.
• A director must: be a natural born citizen of the Philippines, at least 30 years old, a holder of a Bachelor's Degree in Forestry or its equivalent, and a registered forester.
• The Bureau is directly supervised and controlled by the Secretary of the Department of Natural Resources.
• Decisions of the Director are subject to review by the Department Head, whose decision is final after 30 days unless appealed to the President.
• The Department Head promulgates rules and regulations upon the recommendation of the Director of Forest Development.

Functional Divisions and Offices of the Bureau:

• All positions in the merged agencies are considered vacant and may be re-appointed.
• Appointees must report for duty within 30 days or be deemed to have declined the position.
• Key divisions include Planning and Evaluation, Administrative, Legal, Reforestation and Afforestation, Timber Management, Utilization, and Forest Protection and Infrastructure.
• These divisions oversee various sections such as Program Planning, Personnel, Cooperative Planting, and Timber Operations etc.
• The Department Head may reorganize or create other divisions as necessary.
• Employees appointed to officer-in-charge positions with higher salaries receive corresponding compensation.
• At least 11 regional offices are to be created, each with necessary forest districts following natural watershed boundaries when possible.

Bureau Training and Development

• The Bureau operates an in-service training center to upgrade its personnel's skills.
• Adequate funds are allocated for personnel to pursue specialized education.
• A Forestry Development Center is established at the College of Forestry, University of the Philippines at Los Baños, for policy researches.
• This center formulates forestry policy.
• The center is authorized to receive assistance from the wood industry.

Bureau Evaluation

• The Bureau devises a system to evaluate employee performance.
• The evaluation measures quantity and quality of performance related to the funded program of work.
• Periodic inspections of district offices are conducted by regional and central offices.
• The evaluation system provides information for annual progress reports, employee training, and disciplinary actions.

Land Classification System

• The Department Head formulates criteria, guidelines, and methods for classifying public domain lands into various categories: agricultural, industrial, commercial, residential, resettlement, mineral, timber or forest, and grazing.
• Unclassified public domain lands needed for forest purposes will be declared permanent forest to form part of the forest reserves.
• Lands not needed for forest purposes are declared alienable and disposable, with management transferred to the Bureau of Lands.
• Mangrove and swamps suitable for fishponds will be released to the Bureau of Fisheries and Aquatic Resources.

Pasture & Topography considerations for Land Classification

• Forest lands under pasture leases will be classified as grazing lands.
• The management of grazing lands remains with the Bureau.
• No public domain land with an 18% slope or over is classified as alienable and disposable.
• No forest land with a 50% slope or over is classified as grazing land.
• Lands with an 18% slope or over that have already been declared alienable and disposable will revert to forest lands to form part of the forest reserves.

Areas Needed for Forest Purposes

• Lands even below 18% slope are needed for forest purposes and cannot be classified as alienable and disposable.
• This includes areas less than 250 hectares far from alienable land.
• Isolated forest patches of at least 5 hectares with rocky terrain, or which protect a spring for communal use are also included.
• Other areas include reforested areas, forest concessions with timber or good residual stocking, ridge tops, road-rights-or-way, twenty-meter strips along rivers, mangrove strips, and areas for public purposes.
• Areas previously proclaimed by the President as forest reserves are also included.
• If any of these areas have been titled, steps will be taken to cancel, amend, or expropriate the titled area if public interest requires.

Forest Land Boundaries

• Boundaries between permanent forests and alienable lands must be clearly marked and maintained on the ground, with infrastructure or concrete monuments at intervals of not more than 500 meters.
• Boundary conflicts are referred to the Philippine Coast and Geodetic Survey Topo map.

Forest Land Reservations & Marine Parks

• The President can establish forest reserves and reservations within public domain lands for national parks, critical watersheds, or other purposes.
• The Department Head may reserve any portion of the public forest for experimental use by the Forest Research Institute.
• Offshore areas needed for preservation of educational, scientific, historical, ecological, and recreational values will be established as marine parks.

Multiple Land Use

• The various beneficial uses of forest and grazing lands, such as timber, land, soil, water, wildlife, and recreation, are evaluated before allowing utilization.
• Only activities that produce optimum benefits to the country's development and public welfare without impairing resources are allowed.
• Forest reservations may be open for development consistent with the objectives of the reservation.
• Critical watersheds, national parks, and experimental forests are not subject to commercial logging or grazing.
• Game refuges, bird sanctuaries, and marine parks are not subject to hunting or fishing.

Regulations & Agreements

• No one may use forest land without authorization under a license agreement, license, lease, or permit.
• The President may amend, modify, replace, or rescind contracts or privileges if the national interest requires.
• Upon recommendation of the appropriate government agency, the President may suspend contracts for violations such as reforestation or pollution.
• Measures will be taken to achieve a balance between growth and harvest of forest products.

Silvicultural & Harvesting Regulations

• Select the proper silvicultural and harvesting system for logging operations.
• For dipterocarp forests: use selective logging or supplemental planting when necessary.
• For pine mangrove forests: use the seed tree system or any other system based on research with approval of the Department Head, with necessary planting.
• No authorized person shall cut timber unless they plant three times of the same variety for every tree cut or destroyed.
• Violation of this provision is sufficient for cancellation of the agreement.

Timber Management Inventories

• The Bureau conducts inventories of harvestable timber and young trees in all forest lands.
• No harvest of timber is allowed unless it has been subject to a timber inventory conducted within five years prior to the issuance of a license agreement.
• The Bureau applies a cutting cycle and rotation in all forest lands appropriate for the age, volume, and kind of healthy residual trees.

Allowable Cuts & Harvesting agreements

• Annual allowable cut is determined on the basis of the size of the area, the volume and kind of harvestable timber, and the established cutting cycle and rotation.
• No one may cut timber unless authorized under Section 20 and particular allowable cut has been granted.

Duration & Conditions of Timber Agreements

• The Department Head reviews existing annual allowable cuts and prescribes levels for various timber types, using factors such as updated aerial photographs and field inventories.
• Existing annual allowable cuts may continue without change pending review.
• The duration of the privilege to harvest timber is fixed according to certain factors.
• The privilege automatically terminates if the harvestable timber has been utilized without leaving any area capable of commercial utilization.
• The maximum period to harvest timber is twenty-five years, renewable for another 25 years.
• A licensee must reforest all areas determined by the Bureau to continue harvesting timber.

Forest Size Restrictions

• Forest lands are not held in perpetuity.
• The size of forest lands for timber utilization is limited to what can be effectively utilized and developed for 50 years.
• Forest concessions that have been the subject of consolidations are reviewed for effective protection, reforestation, and management which focuses of timber resources therefrom.

Wood Processing Incentives

• The Department Head, in collaboration with agencies, wood industry associations, and private entities, develops incentives for integrated wood industries.
• The President may establish wood industry import-export centers in selected locations.
• Imported logs for those centers are subject to precautions to prevent pests and diseases.

Industry Regulations

• Expansion and integration of existing wood processing plants and the establishment of new plants are encouraged.
• Locations and operations are regulated to rationalize the whole industry.
• No plant expansion or establishment is allowed without environmental and raw material considerations.

Raw material Assurance

• Long-term assurance of raw material from concessions, tree plantations, or agro-forest farms is required.
• This governs the grant of the privilege to establish or operate a processing plant.
• Wood processors without forest concessions and licensees without processing plants must jointly adopt a scheme for approval of the Department Head.

Requirements of plant & government role

• Existing and new processing plants must obtain operating permits and licenses from the Bureau or the Department.
• They submit themselves to other regulations related to their operation.
• The Department Head can cancel, suspend, or phase out inefficient wood processing plants that are unresponsive to the government's rationalization program.
• Timber licensees are encouraged to save wood wastes and weed trees for wood by-products.
• All logs by timber licensees must be processed locally beginning January 1, 1976, unless otherwise directed by the President.

Log Production Conditions for Exportation

• Compliance to the requirements on replanting and reforestation.
• Exportation is cancelled or the maximum allowable proportion for log exports is reduced whenever the export price of logs falls to too low level.
• All licensees with no processing plant and no plans to establish one must adopt a scheme for processing the log production with wood processors.

Reforestation Requirements

• Lands to be reforested and/or afforested include public and private forest lands.
• The bare or grass-covered tracts of forest lands.
• The brushlands or tracts of forest lands are generally covered with brush.
• Open tracts of forest lands are interspersed with patches of forest;

Additional Areas for Reforestation

• Denuded or inadequately timbered areas proclaimed by the President as forest reserves.
• Inadequately-stock forest lands are within forest concessions.
• Portions of areas are covered by pasture leases or permits needing immediate reforestation
• The government prioritizes Industrial Tree Plantations, Tree Farms and Agro-forestry Farms.

Establishment of Farms for natural resouces

• A lease for a period of 50 years.
• May be granted to any person qualified to develop and exploit natural resources, over timber or forest lands except those under certain paragraphs.
• With a minimum area of 100 hectares for industrial tree plantations and agro-forestry farms and 10 hectares for tree farms.
• The size of the area that may be granted under each category shall depend upon the capability of the lessee to develop or convert the area into productive condition within the term of the lease
• Lease conditions include raw material and the maintenance of a balance.

Property rights under Leases

• Trees and other products belong to the lessee who shall have the right to sell, contract, convey, or dispose of said planted trees and other products in any manner he sees fit in accordance with regulations and laws.
• Priority to establish plantations, is given to the holder, after the Bureau had determined the suitability.
• The priority be availed of, otherwise the area shall be declared open with qualified person.

Encouragement of industrial tree plantation

• Encouragement of tree farming, include incentives e.g. of P0.50) per hectare.
• No rental shall be collected during the first five (5) years; from the sixth year rental shall be fifty centavos (P0.50).
• Annual rental shall be one peso (1.00) per hectare.
• Lessees of areas long denuded shall be exempted from the payment of rental for the full term which shall not exceed shall be twenty-five (25) years.
• The forest charges payable only be twenty-five percent (25%) of the regular forest charges.

Exemptions from payment include

• Payment of the percentage tax.
• Withholding of tax at source .
• Areas once establish on the ground shall not be altered.

Investments on business operation

• Regarded as ordinary and necessary business or as capital expenditures.
• Investments shall classify industrial tree plantations and regulated.
• Private landowners by planting their lands shall be exempt.
• The transport of trees cut shall be accompanied by the corresponding certificate of origin.

Approved support system for agriculture:

• Support which credit assistance from the government
• Exemption of the lessee and its field
• Governmental admin requiring wood materials products derived from the trees.
• Avoid importation.

Establish & Operate Tree Plantation

• No proceeding of whatever nature or type, made of, or utilizing, wood as primary materials;
• Timber grown and harvested exported without restriction
• Free technical government
• Special areas.

protection all resources

• All measures for destruction,impairment.
• Timber there in not the License to ensure the continuity conformably with management.
• If waiver permit and shall adopt protection agreement.

Regulation in all Lands

• All be shall regulations to prevent shelters
• The bureau hundred prevent shelves
• inventory Reports.

Development

• Shall be the to help the development .
• Swamplands to the shoreline be free upstream
• For by director.

Authority

• Head authorized may
• Officers any head
• Shall scaling
• Shall mining protected.

Penal Code for legal Violation

• Penalties, provided for any violation.
• Illegal possession shall fine
• Payment of remittance all regulations punishable the authority.

Legal Rights

• Illegal or remove.
• Rewards rewards.
• Shall occupied.
• A city for city.
• Any section.
• Coerce released.
• Authority shall with.

Presidential Decree No. 705, enacted in 1975, revises the Forestry Reform Code of the Philippines. It addresses the classification, management, and utilization of public lands. The decree focuses on protecting and developing forest lands for continuous productivity and aligning forest land use with national development.