Forestry Reform Code PD 705 Forestry Reform Code PD 705.pptx

Forestry Reform Code PD 705 Forestry Reform Code PD 705 Forestry Reform Code PD 705

1. P.D 705 Revised Forestry Code

2. O bjectives To enable students to: Know the mandate of PCG with respect to forestry laws Understand the system for the regulation of forestry activities Know the prohibited acts under the forestry law

3. SCOPE Section 3, R.A. No. 9993 P.D. No. 705 Land classification Documents Wood and wood products Prohibited acts Penalties Reward

4. Republic A ct N o. 9993 “Section 3. Powers and Functions. - The PCG shall have the following powers and functions: (l) To assist in the enforcement of laws on fisheries, immigration, tariff and customs, forestry , firearms and explosives, human trafficking, dangerous drugs and controlled chemicals, transnational crimes and other applicable laws within the maritime jurisdiction of the Philippines.”

5. Presidential D ecree N o. 705 Forestry Reform Code of the Philippines Signed May 19, 1975 Lead Agency : Forest Management Bureau of the DENR Other agencies : Bureau of Fisheries and Aquatic Resources of DA Palawan Council on Sustainable Development National Commission on Indigenous People

6. Land C lassification s Inalienable Mineral Timber or forest Grazing lands Alienable Agricultural Residential Commercial or industrial Resettlement Ancestral Domains

7. DOCUMENTS Lease - a privilege granted to a person to occupy and possess , in consideration of specified rental , any forest land of the public domain in order to undertake any authorized activity therein License - a privilege granted to a person to utilize forest resources within any forest land, without any right of occupation and possession over the same, to the exclusion of others, or establish and operate a wood-processing plant, or conduct any activity involving the utilization of any forest resources License agreement - a privilege granted to a person to utilize forest resources within any forest land with the right of possession and occupation thereof to the exclusion of others, except the government, but with the corresponding obligation to develop, protect and rehabilitate the same in accordance with the terms and conditions set forth in said agreement. Permit - short-term privilege or authority granted to a person to utilize any limited forest resources or undertake a limited activity within any forest land without any right of occupation and possession therein

8. D ocuments Indicate cutting cycle, annual allowable cut Requirement of reforestation At least 10% of subscribed capital stock of corporation must be owned by employees, laborers or the public Transport of trees cut require a certificate of origin issued by forest officer Export of plantation timber must have certificate of export from DENR

9. Wood or forest products Wood industry import- export centers : care that the wood does not carry disease Environmental considerations shall be taken into account Availability of raw material supply on a sustainable yield basis should be assured Wood processing plants require operating permits from FMB or DENR Wood wastes and wood residues must be converted into wood by-products All mangrove swamps set aside for coast-protection purposes shall not be subject to clear-cutting operation. Cutting of all mangrove species is banned. (Section 71)

10. Prohibited acts cutting, gathering, collecting, removing timber or other forest products from any forest land, or timber from alienable or disposable public land, or from private land, without any authority possession of timber or other forest products without the legal documents as required under existing forest laws and regulations entering and occupying or possessesing , or making kaingin for one’s own private use or for others, any forest land or grazing land without authority under a license agreement, lease, license or permit destroying forest land or grazing land or part thereof causing any damage to the timber land and other products and forest growth found therein

11. Prohibited acts assisting, aiding or abeting any other person to damage any timber land, products or forest growth found in a forest or grazing land setting a fire, or negligently permiting a fire to be set in any forest land or grazing land refusing to vacate a forest area or grazing land when ordered to do so without authority under a lease or permit, graze or cause to graze livestock in forest lands, grazing lands and alienable and disposable lands which have not as yet been disposed of in accordance with the Public Land Act conducting or undertaking a survey of any forest land without proper authority selling or offering for sale any log, lumber, plywood or other manufactured wood products without complying with government established grading rules non payment of government taxes other violations of forestry laws

12. Prohibited acts any public officer or employee who knowingly surveys, classifies, or recommends the release of forest lands as alienable and disposable lands contrary to the criteria and standards established by law or rules and regulations any public officer or employee who issues a tax declaration on real property without a certification from the Director of Forest Development and the Director of Lands or their duly designated representatives that the area declared for taxation is alienable and disposable land coercing, influencing, abeting or persuading the public officer or employee to commit any of the above-mentioned acts making, manufacturing, possessing any government marking, hatchet or other marking implement, or any marker, poster, or other devices officially used by officers of FMB for the marking or identification of timber or other products transporting forest products without proper authority

13. penalties Imprisonment Eviction of illegal occupant from the forest area or grazing land Imposition of fines and charges Confiscation of the forest products Confiscation of the conveyance (land, water, air) used to transport the items or sale at public auction, proceeds to go to the national government Confiscation of tools illegally used to perform the duties of FMB forest officers if government employee, dismissal from service with permanent disqualification to hold elective or appointive position

14. R eward 20% of the proceeds of the confiscated forest products Informant who gives any information leading to the apprehension and conviction of any offender for any violation of forest laws, rules and regulations Informant who gives information that leads to the confiscation of forest products

15. Comments? Questions? Suggestions? Share experience?