Professional Documents
Culture Documents
Philippines
LESSON 4
Prepared by:
NAÑOLA, CENDERELLA
PONIO, CARLA JOY
SAN JOSE, ALLEYA JAYCIEL ANN
VILLAFLORES, JUNNELL
By the end of this lesson, the student will be able to:
Classification.
Section 13 of PD 705 states that the DENR Secretary shall determine which of the
unclassified lands of the public domain are needed for forest purposes and declare them
as permanent forest to form part of the forest reserves. He shall declare those classified
and determined not to be needed for forest purposes as alienable and disposable lands,
the administrative jurisdiction and management of which shall be transferred to the Land
Management Bureau.
It is also stated that mangrove and other swamps not needed for shore protection
and suitable for fishpond purposes shall be released to, and be placed under the
administrative jurisdiction and management of, the Bureau of Fisheries and Aquatic
Resources. Those still to be classified under the Present system shall continue to remain
as part of the public forest.
Section 14 of PD 705 likewise states that forest lands which are not reservations and which
are the subject of pasture leases shall be classified as grazing lands and areas covered by
pasture permits shall remain forest lands until otherwise classified under the criteria,
guidelines and methods of classification to be prescribed by the DENR.
Concept of Forests and Forest Lands.
Public forests or forests reserves are not capable of private appropriation. A forested
area classified as forest land of the public domain does not lose such classification
simply because loggers or settlers may have stripped it of its forest cover. All lands
that were not acquired from the government, either by
purchase or by grant, belong to the public domain. An exception to the rule would be
any land that should have been in the possession of an occupant and of his
predecessors ininterests since time immemorial, for such possession would justify the
presumption that the land had never been part of the public domain or that it had
been a private property even before the Spanish conquest.
Topography. Section 15 of PD 705 states that no land of the public domain 18%
in slope or over shall be classified as alienable and disposable nor any forest
land 50% in slope or over as grazing land. Lands 18% in slope or over which
have already been declared as alienable and disposable shall be reverted to the
classification of forest lands by the DENR Secretary, to form part of the forest
reserves.
Purposes
The following lands, even if they are
d. areas within forest concessions which are timbered or have
good residual stocking to support an existing, or approved to
be established, wood processing plant,
below eighteen per cent (18%) in
e.
slope, are ridge tops and plateaus regardless of size found within, or
needed for forest purposes, and may surrounded wholly or partly by, forest lands where headwaters
not, therefore, be classified as emanate,
alienable and
disposable land, to wit
f. appropriately located road-rights-or-way,
Areas Needed
for Forest i. areas needed for other purposes, such as national parks,
national historical sites, game refuges and wildlife
Purposes sanctuaries, forest station sites, and others of public interest,
and
The following lands, even if they are
below eighteen per cent (18%) in
j.
slope, are areas previously proclaimed by the President as forest reserves,
national parks, game refuge, bird sanctuaries, national shrines,
needed for forest purposes, and may national historic sites:
not, therefore, be classified as In case an area falling under any of the foregoing categories
shall have been titled in favor of any person, steps shall be
alienable and
taken, if public interest so requires, to have said title cancelled
disposable land, to wit or amended, or the titled area expropriated. Mangrove swamps
or Manglares are within the public forest lands of the
Philippines and not subject to private appropriation.
Reservations in Forest Lands and Off- Shore
Areas
The DENR Secretary may reserve Only the utilization, exploitation, occupation A Timber License is an
and establish any portion of the or possession of any forest lands and
instrument by which the
State regulates the utilization
public forest or grazing lands, which will produce the and disposition of forest
forest reserve as site or optimum benefits to the development and resources to the end that the
experimental forest for use of the progress of the country and the public public welfare is promoted. A
timber license is not a
Forest Research Institute. welfare, without impairment or with the least
contract, within the purview
Offshore area needed for the injury to its of due process clause; it is
resources, shall be allowed. No person may only a license or a
preservation and protection of its
privilege, which can be
utilize, exploit, occupy, possess or conduct
educational, scientific, validly withdrawn whenever
any activity within any forest and grazing dictated by public interest or
historical, ecological and
land, or establish, install, add and operate welfare.
recreational values including the The granting of license does
anywood or forest products processing plant,
marine life found therein, shall not create irrevocable rights;
unless he had been authorized to do under a neither is it property or
be established as Marine parks. license agreement, license, lease or permit. property rights.
Multiple use
The duration of the privilege to harvest timber in any
Forest lands shall not be held in perpetuity. The size of the forest lands which may be the subject
of timber utilization shall be limited to that which a person may effectively utilize and develop for a
period of 50 years.
Unless otherwise directed by the President, upon recommendation of the Department Head, the
entire production of logs by all timber licensees shall, beginning January 1, 1976 be processed
locally. Total log export of timber licensees shall not exceed twenty-five percent (25%) of the total
national allowable cut.
Reforestation: Industrial Tree Plantations, Tree Farms and Agro-forestry Farms
A lease for a period of 25 years and renewable for another period not exceeding 25 years, for the
establishment of an industrial tree plantation (100 hectares min. area) or a tree farm (10 hectares min. area)
may be granted by the DENR to any qualified person, qualified to develop and exploit natural resources, over
timber or forest lands of the public
domain.
Section 36 of PD 705 enumerates the incentives granted to Industrial Tree Planting
and or tree farming. Including among others (paragraph l) importation ban of wood,
wood products or wood-derived products including pulp, paper and paperboard if the
same are available in required quantities and reasonable prices, as may be certified by
the DENR from artificial or man-made forests, or local processing plants manufacturing
the same.
Domingo, Sonny N. and Manejar, Arvie Joy A., Forest Protection in the Philippines, PIDS.
Discussion Paper Series No. 2018-53
https://www.philstar.com/opinion/2008/07/29/75828/timbe