Philippines Revised Forestry Code (PD 705)

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1
Revised the Forestry Reform Code (PD 389) and is known as the Revised Forestry Code of the Philippines.
Presidential Decree No. 705
2
The date on which PD 705 was signed.
May 19, 1975
3
Single agency created from the merger of the Bureau of Forestry, Reforestation Administration, Southern Cebu Reforestation Development Project and Parks and Wildlife Office.
Bureau of Forest Development
4
Public-domain lands that have not yet been classified to determine whether they are needed for forest purposes.
Public forest
5
Lands of the public domain classified and declared not needed for forest purposes.
Alienable and disposable lands
6
Forest lands reserved by the President for a specific purpose.
Forest reservations
7
A public offshore area delimited as habitat of rare and unique marine flora and fauna.
Marine park
8
A public shore area delimited for outdoor recreation, sport fishing, water skiing and related healthful activities.
Seashore park
9
A drainage area supporting existing and proposed hydroelectric, irrigation or domestic water facilities that needs immediate protection or rehabilitation.
Critical watershed
10
A portion of forest land subjected to shifting and/or permanent slash-and-burn cultivation.
Kaingin
11
A sustainable land-management system combining agricultural crops, tree crops and forest plants and/or animals compatible with local cultural patterns.
Agro-forestry
12
A silvicultural system characterized by partial clearcutting that leaves seed trees to regenerate the area.
Seed tree system
13
The privilege granted by the State to utilize forest resources with the right of possession and occupation to the exclusion of others except the government.
License agreement
14
A short-term privilege to utilize limited forest resources or undertake a limited activity without right of occupation and possession.
Permit
15
The number of years between two major harvests in the same working unit and/or region.
Cutting cycle
16
Titled rights of ownership and, for national minorities, possession existing at the time a license is granted.
Private right
17
Official who heads the Bureau of Forest Development and is appointed by the President.
Director
18
The professional license a Director or Assistant Director must hold, in addition to a forestry degree.
Registered forester
19
The remedy by which a Department Head’s decision on a forestry matter may be reviewed by the courts.
Special civil action for certiorari or prohibition
20
The institution where the Forestry Development Center was established.
College of Forestry, University of the Philippines at Los Baños
21
The agency to which mangrove and other swamps suitable for fishponds and not needed for shore protection are released.
Bureau of Fisheries and Aquatic Resources
22
The agency to which administrative jurisdiction over alienable and disposable lands is transferred.
Bureau of Lands
23
The slope at or above which land of the public domain cannot be classified as alienable and disposable.
18% slope
24
The slope at or above which forest land cannot be classified as grazing land or used for pasture.
50% slope
25
The maximum interval between concrete monuments marking boundaries of permanent forests and A&D lands.
500 meters
26
The reference map used in all boundary conflicts between forest and A&D lands.
Philippine Coast and Geodetic Survey Topo map
27
The official who may establish forest reserves and reservations for the national park system and critical watersheds.
The President of the Philippines
28
The official who may reserve a portion of the public forest as an experimental forest for the Forest Research Institute.
The Department Head
29
Name any one area within forest reservations that may NOT be subjected to commercial logging or grazing.
Critical watersheds, national parks or established experimental forests
30
The silvicultural and harvesting system required for dipterocarp forests.
Selective logging
31
The number of trees of the same variety that must be planted for every tree cut or destroyed in logging.
Three (3) times
32
The minimum timber inventory required before harvest in forest land.
Five percent (5%)
33
The maximum period of any privilege to harvest timber (initial term).
Twenty-five (25) years
34
The principle that forest lands shall not be held in this manner.
In perpetuity
35
The date from which the entire log production of timber licensees must be processed locally.
January 1, 1976
36
The maximum share of the total national allowable cut that may be exported as logs.
Twenty-five percent (25%)
37
The lease period for an industrial tree plantation, tree farm or agro-forestry farm.
Fifty (50) years
38
The minimum area for a tree farm lease.
Ten (10) hectares
39
Rental per hectare during the sixth to tenth year of an ITP or tree farm lease.
P0.50 per hectare
40
The classification given by the Board of Investments to ITPs, tree farms and agro-forestry farms.
Pioneer areas of investment
41
The privilege that gives its holder exclusive right to cut allowable timber plus the right of occupation, possession and control of a concession.
License agreement
42
The public official who, under Sec. 44, may investigate and inspect books and records of licensees.
The Department Head
43
Stations established at outlets of timber and forest products to ensure legality of cutting.
Scaling stations
44
Cutting of these trees is banned for firewood purposes under Sec. 71.
Mangrove species
45
The period after which an unutilized fishpond released by BFAR reverts to forest land.
Five (5) years
46
The date before which kaingineros and squatters who entered forest lands without permit are exempt from prosecution.
May 19, 1975
47
The minimum percentage of subscribed capital stock that corporate licensees must plan to sell to employees, laborers and the general public.
Ten percent (10%)
48
The percentage of actual FOB market price charged on timber cut in forest land.
Twenty-five percent (25%)
49
The charge per cubic meter on firewood and recoverable wood wastes.
P10.00
50
Name any two minor forest products charged 10% of FOB price.
Rattan, gums and resins, beeswax, guta-percha, almaciga resin or bamboo
51
The additional volume percentage added to squared timber for loss in squaring.
Forty percent (40%)
52
The penalty rate of interest on unpaid forest charges.
Twenty percent (20%) per annum
53
The provisions of the Revised Penal Code that provide the penalty for cutting or possessing timber without license (Sec. 77).
Articles 309 and 310
54
The share of confiscated forest products’ proceeds given to informants.
Twenty percent (20%)
55
The minimum and maximum imprisonment for making kaingin.
Two (2) to four (4) years
56
The penalty for an offender who commits the same offense (under Sec. 78) for the third time.
Double the maximum of the penalty
57
The fine range for unlawful occupation of forest land or national parks.
P500 to P20,000
58
Period within which an arresting forest officer must deliver the offender and confiscated items to the proper official.
Six (6) hours
59
The officer who may administratively impose fines where a fine is the principal penalty.
The Director
60
The year before which land occupied by cultural minorities is exempt from the tax-declaration certification requirement (July 4 of this year).
1955
61
The effectivity of PD 705.
Immediately upon promulgation
62
The Decree is known as the “_____ Forestry Code of the Philippines.”
Revised
63
The Bureau shall be directly under the control and supervision of the _____.
Department Head (Secretary of Natural Resources)
64
No person may be appointed Director unless he is at least _____ years of age.
30
65
The Department Head’s decision becomes final and executory after _____ days unless appealed to the President.
30
66
There shall be created at least _____ regional offices.
Eleven (11)
67
Forest district boundaries shall follow natural boundaries of _____ under the river-basin concept.
Watersheds
68
Forest lands that are subject of _____ leases are classified as grazing lands.
Pasture
69
No public land of _____ percent slope or over shall be classified as alienable and disposable.
18
70
Areas of less than _____ hectares far from certified A&D land are needed for forest purposes.
250
71
Strips of land _____ meters wide along the edge of rivers and streams with channels at least five meters wide are needed for forest purposes.
20 (twenty)
72
Boundary monuments shall be placed at intervals of not more than _____ meters.
500 (five hundred)
73
Only the _____ may establish forest reservations for the national park system.
President
74
Critical watersheds, national parks and established experimental forests shall not be subject to _____ logging or grazing.
Commercial
75
The _____ may order the summary suspension of a license or permit pending hearing.
President
76
For pine forests, the _____ system with planting when necessary shall be practiced.
Seed tree
77
A person who cuts timber must plant _____ times the same variety for every tree cut.
Three (3)
78
No timber harvest is allowed without at least a _____ percent timber inventory made not earlier than five years before the license.
Five (5)
79
The maximum period of a timber privilege is _____ years, renewable for not more than _____ years.
25 and 25
80
The privilege to harvest timber terminates automatically when harvestable timber is _____ without leaving commercially usable logged-over area.
Utilized (exhausted)
81
Forest concessions shall not be held in _____.
Perpetuity
82
The size of forest land for timber utilization is limited to what a person can effectively utilize and develop for _____ years.
Fifty (50)
83
No wood-processing plant expansion shall be allowed unless raw material supply on a _____ basis is assured.
Sustained-yield
84
Beginning _____, the entire production of logs by timber licensees shall be processed locally.
January 1, 1976
85
Total log export shall not exceed _____ percent of the total national allowable cut.
25
86
The minimum area for an industrial tree plantation or agro-forestry farm is _____ hectares.
100
87
Lessees pay a nominal filing fee of _____ per hectare.
P0.50 (fifty centavos)
88
No rental is collected during the first _____ years of an ITP lease.
Five (5)
89
Forest charges on ITP produce are only _____ percent of the regular forest charges.
25
90
Private landowners with tree farms of _____ hectares or below planted to Ipil-Ipil are exempt from the inventory requirement.
Fifty (50)
91
The Board of Investments classifies ITPs and tree farms as _____ areas of investment.
Pioneer
92
A license agreement holder has the exclusive privilege to cut allowable harvestable timber and the additional right of _____, possession and control.
Occupation
93
In A&D lands and civil reservations, a _____ percent timber inventory is required before harvest.
One hundred (100)
94
All timber inventory reports must be _____ and sworn to by forest officers who conducted them.
Subscribed
95
Strips of _____ forest protecting shorelines shall be maintained and shall not be alienated.
Mangrove
96
Mangrove swamps set aside for coast protection shall not be subject to _____ operation.
Clear-cutting
97
Mineral reservations where mining is suspended for more than _____ years are placed under forest management by the Bureau.
Five (5)
98
Roads and infrastructure built by licensees _____ to the State upon expiration or termination of the privilege.
Belong
99
In areas above _____ percent slope, occupation is conditioned on planting desirable trees.
50
100
Occupants who entered forest lands before _____ without permit shall not be prosecuted, provided they do not increase their clearings.
May 19, 1975
101
Special-use forest leases (e.g., sawmills, camps) may be granted for not exceeding _____ years.
Twenty-five (25)
102
Filipino equity beyond the _____ percent constitutional limitation shall be encouraged.
60
103
A license may be transferred only if it has been in existence for at least _____ years.
Three (3)
104
Corporations must sell at least _____ percent of subscribed capital stock to employees, laborers and the general public.
Ten (10)
105
The Director remits monthly collections to the _____ within the first ten days of the succeeding month.
Treasurer of the Philippines
106
Timber measurement: _____ percent is added to squared timber for loss in squaring.
Forty (40)
107
Pulpwood and matchwood are charged _____ percent of the actual FOB market price.
Ten (10)
108
The actual FOB market price of forest products is determined _____ a year by the Secretary of DENR.
Once
109
Late payment of forest charges incurs a surcharge of _____ percent.
Twenty-five (25)
110
A false or fraudulent return incurs a surcharge of _____ percent.
Fifty (50)
111
For making kaingin, the fine is _____ times the regular forest charges due on forest products destroyed.
Eight (8)
112
For pasturing livestock without authority, the fine equals _____ times the regular rentals due.
Ten (10)
113
An informant receives _____ percent of the proceeds of confiscated forest products.
Twenty (20)
114
Any public officer who knowingly misclassifies forest land as A&D shall be _____ from the service with prejudice to re-employment.
Dismissed
115
Failure to adhere to grading rules is sufficient cause for suspension of license for not less than _____ years.
Two (2)
116
A forest officer may arrest _____ a warrant any person committing an offense in his presence.
Without
117
A 28-year-old natural-born registered forester with a forestry degree is proposed as Director. Is he qualified?
No, the Director must be at least 30 years of age (Sec. 6)
118
A licensee received a Department Head decision on March 1, did nothing for 45 days, then filed a petition in the RTC to annul it. What is the decision’s status and the proper remedy?
Final and executory after 30 days; courts may review only through certiorari or prohibition (Sec. 8)
119
A 20%-slope parcel declared A&D is occupied by a farmer with no title, no application and only 10 years of occupation as of 1975. What happens to the land?
It reverts to forest land (Sec. 15)
120
A 200-hectare tract far from and not contiguous with certified A&D land is sought to be classified A&D. Can it be?
No, areas under 250 hectares like this are needed for forest purposes (Sec. 16)
121
A resort is planned at the edge of an 8-meter-wide river. What does the law protect?
A 20-meter strip along the normal high-water line (Sec. 16)
122
A licensee cut 500 trees and planted 600 seedlings. How many were required, and what is the consequence?
1,500 seedlings (3 per tree); immediate cancellation of the license (Sec. 22)
123
A license is sought where the last inventory covered 3% of the area and was done 8 years ago. May it be issued?
No, it needs at least a 5% inventory made within 5 years (Sec. 24)
124
A licensee who has already used a 25-year term and one 25-year renewal wants another extension. Is it allowed?
No, the maximum is 25 years renewable for up to 25 years (Sec. 27)
125
A licensee exports 40% of its log production. Is this allowed?
No, total log exports may not exceed 25% of the national allowable cut (Sec. 32)
126
Maria wants to lease 8 hectares for an industrial tree plantation or tree farm. Is she eligible?
No, the minimums are 100 hectares for an ITP and 10 hectares for a tree farm (Sec. 34)
127
A tree-farm lessee harvests and sells his timber. What forest charge does he pay?
Only 25% of the regular forest charges (Sec. 36)
128
A farmer with a 40-hectare Ipil-Ipil farm wants to harvest without inventory. Is it allowed?
Yes, farms of 50 hectares or below are exempt, but transport needs a certificate of origin (Sec. 36)
129
A fishpond released by BFAR is unused for 6 years. What happens to it?
It reverts to forest land after 5 years of non-use (Sec. 43)
130
A mining company wants to explore inside a timber concession. What must it first obtain?
Notice to the licensee and prior approval of the Director (Sec. 47)
131
A kaingin farmer who entered in 1970 expanded his clearing in 1980. Can he be prosecuted?
Yes, increasing his clearing forfeits the Sec. 53 exemption and he may be charged under Sec. 78
132
What penalty applies to a first-time kaingin offender?
Imprisonment of 2 to 4 years and a fine of 8 times the regular forest charges, plus eviction and forfeiture (Sec. 78)
133
A corporate president ordered illegal cutting but did not cut himself. Is he liable, and what if he is an alien?
Yes, as the officer who ordered it; an alien officer is also deported (Sec. 77)
134
A forest ranger arrests a man loading illegal logs without a warrant and holds him two days before delivery. Is the arrest and detention valid?
Arrest valid; delivery must be within 6 hours unless travel justifies delay (Sec. 89)
135
An assessor issued a tax declaration without Director certifications for untitled land held by a non-minority farmer. Is he liable?
Yes, imprisonment of 2 to 4 years and perpetual disqualification (Sec. 84)
136
A Bureau employee knowingly releases 12 hectares of forest land as A&D at a private party’s urging. What liabilities arise?
Employee: dismissal, at least 1 year and P1,000 fine, release void; private party: at least 1 year and P500 per hectare (P6,000) (Secs. 83, 85)
137
A licensee failed to pay forest charges and filed an understated quarterly return. What surcharges apply?
25% surcharge for late payment, 50% for a false return, plus 20% annual interest (Sec. 76)
138
A man hunts birds without a permit and cuts a tree in a national park. What penalty applies, and who may get half the fine?
Fine of P500 to P20,000 plus restoration and eviction; half goes to the city or municipality whose official detected and convicted him (Sec. 80)
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