Revised Forestry Code of the Philippines

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1
PD 705
Also known as the Revised Forestry Code of the Philippines
2
May 19, 1975;

Ferdinand E. Marcos;

Presidential Decree No. 389
• Approved: ___
• President: ___
• Revised and superseded: ___
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national development, science and technology, and public welfare
Forest lands should support ___.
4
Classification and survey of lands
___ should be systemized and hastened.
5
wood-processing plants
Establishment of ___ should be encouraged and rationalized.
6
Forest lands
___ should be protected, developed, and rehabilitated to maintain their productive condition.
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Public Forest
Public domain lands that have not undergone the current system of classification to determine which lands are needed for forest purposes and which are not.
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Permanent Forest / Forest Reserves
Public domain lands that have undergone classification and are determined to be needed for forest purposes.
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Forest Reservation
Forest lands reserved by the President for a specific purpose.
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Grazing Land
Public domain land set aside because of suitable topography and vegetation for raising livestock.
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Game Refuge / Bird Sanctuary
Forest land designated to protect game animals, birds, and fishes; closed to hunting and fishing to allow populations to recover and restock surrounding areas.
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Marine Park
Public offshore area designated as a habitat for rare and unique marine flora and fauna.
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Seashore Park
Public shore area designated for outdoor recreation, sports fishing, water skiing, and other healthful activities.
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Watershed
Land area drained by a stream or body of water and its tributaries that share a common outlet for surface runoff.
15
Watershed Reservation
Forest land reservation established to protect or improve water yield or reduce sedimentation.
16
Critical Watershed
Drainage area of a river system supporting existing or proposed hydroelectric power, irrigation, or domestic water facilities that needs immediate protection or rehabilitation.
17
Forest Product
Timber, pulpwood, firewood, bark, tree tops, resin, gum, wood oil, honey, beeswax, nipa, rattan, grasses, shrubs, flowering plants, and associated water, fish, game, scenic, historical, recreational, and geological resources.
18
Pine Forest
Forest predominantly composed of pine trees.
19
Tree Farm
Small forest land or tract of land purposely planted with tree crops.
20
Dipterocarp Forest
Forest dominated by dipterocarp species such as red lauan, tanguile, tiaong, white lauan, almon, bagtikan, mayapis, apitong, and yakals.
21
Industrial Tree Plantation
Forest land extensively planted with tree crops primarily to supply raw materials for wood-processing plants and related industries.
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Agro-Forestry
Sustainable land management combining agricultural crops, trees, forest plants, and/or animals simultaneously or sequentially while considering local cultural practices.
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Selective Logging
Systematic removal of mature, over-mature, and defective trees while retaining enough healthy residual trees to ensure future timber production and forest protection.
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Seed Tree System
Silvicultural system involving partial clearcutting while leaving seed trees to regenerate the area.
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Healthy Residual
Sound or slightly injured commercial tree left after logging.
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Annual Allowable Cut (AAC)
Volume of wood or other forest products authorized to be cut yearly from a forest.
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Cutting Cycle
Number of years between two major harvests in the same working unit or region.
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Lease
State-granted privilege to occupy and possess forest land in exchange for specified rental to conduct an authorized activity.
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Permit
Short-term authority to utilize limited forest resources or conduct a limited activity without the right to occupy or possess the land.
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License
State-granted privilege to utilize forest resources without the right to occupy or possess the land, to the exclusion of others, or to operate a wood-processing plant.
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License Agreement
State-granted privilege to utilize forest resources with the right to occupy and possess the land to the exclusion of others, except the government, subject to obligations to develop, protect, and rehabilitate the area.
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• Bureau of Forestry
• Reforestation Administration
• Southern Cebu Reforestation Development Project
• Parks and Wildlife Office
Chapter I – Organization and Jurisdiction of the Bureau

The following agencies were merged:
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Bureau of Forest Development (BFD)
Chapter I – Organization and Jurisdiction of the Bureau

New entity:
34
PD 705
Assigned forest land management to the Bureau of Forest Development.
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EO 192
Transferred management responsibility to the DENR, with broader authority and clearer responsibilities.
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DENR Secretary
The ___ is responsible for studying, determining, and prescribing the criteria and methods for classifying and surveying public domain lands.
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Forest lands under pasture leases or permits
___ remain classified as forest lands until officially classified as grazing lands.
38
50% or more
Forest lands with slopes of ___ cannot be classified as grazing lands.
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DENR
Administration, management, and disposition of grazing lands remain under the ___.
40
18% or more
Public domain land with a slope of ___ cannot be classified as alienable and disposable (A&D).
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18% or more
Lands already declared A&D with slopes of ___ shall be reverted to forest land classification and become part of forest reserves.
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existing titles;

approved public land applications;

occupied openly, continuously, adversely, and publicly
Section 15 – Topography

Exceptions:
• Lands covered by ___.
• Lands covered by ___.
• Lands actually ___ for at least 30 years as of the effectivity of the Code, provided the occupant qualifies for a free patent under the Public Land Act.
43
250 hectares
Section 16 – Areas Needed for Forest Purposes

Areas below ___ that are far from or not contiguous with certified A&D lands.
44
Isolated forest patches of at least 5 hectares
Section 16 – Areas Needed for Forest Purposes

___ with rocky terrain or protecting a communal spring.
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reforested
Section 16 – Areas Needed for Forest Purposes

Areas that have already been ___.
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forest concessions
Section 16 – Areas Needed for Forest Purposes

Timbered areas within ___ or areas with sufficient healthy residual trees to support existing or approved wood-processing plants.
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Ridge tops and plateaus
Section 16 – Areas Needed for Forest Purposes

___ of any size within or surrounded partly or wholly by forest lands where headwaters originate.
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road rights-of-way
Section 16 – Areas Needed for Forest Purposes

Appropriately located ___.
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20-meter strips along the normal high-water line
Section 16 – Areas Needed for Forest Purposes

___ of rivers and streams with channels at least 5 meters wide.
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Mangrove and swamp strips at least 20 meters
Section 16 – Areas Needed for Forest Purposes

___ wide along ocean shorelines, lakes, and other bodies of water, including strips of land at least 20 meters wide facing lakes.
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national parks, historical sites, game refuges, wildlife sanctuaries, forest stations, and other public-interest purposes
Section 16 – Areas Needed for Forest Purposes

Areas needed for ___.
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forest reserves, national parks, game refuges, bird sanctuaries, national shrines, and national historical sites
Section 16 – Areas Needed for Forest Purposes

Areas previously proclaimed by the President as ___.
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Boundaries between permanent forests and A&D lands
___ must be clearly marked and maintained.
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roads, infrastructure, concrete monuments, or other visible signs
Markers may include ___.
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500 meters
Concrete monuments must be placed at intervals of not more than ___.
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Philippine Coast and Geodetic Survey Topographic Map
In boundary conflicts, reference shall be made to the ___.
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forest reserves and forest reservations
The President may establish ___ for national parks, critical watersheds, or other purposes.
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boundaries of existing reservations
The President may modify ___.
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experimental forests
The Department Head may establish ___ for the Forest Research Institute.
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Offshore areas
___ with educational, scientific, historical, ecological, and recreational value may be established as marine parks.
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• License Agreement
• License
• Lease
• Permit
No person may utilize, exploit, occupy, possess, or conduct activities in forest and grazing lands without proper authorization through:
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amend, modify, replace, or rescind
The President may ___ forestry privileges when national interest requires.
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summary suspension
The President may order the ___ of privileges pending appropriate hearings when violations occur.
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Dipterocarp Forest
Selective logging with enrichment or supplemental planting when necessary.
65
Pine or Mangrove Forest
Seed tree system with planting when necessary.
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three trees of the same variety
For every tree cut or destroyed during logging, the authorized person must plant ___.
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harvestable timber and young trees;

100% timber inventory;

5% timber inventory;

5 years
Timber Inventory

• DENR must conduct progressive inventories of ___ in all forest lands.
• The goal is to achieve ___.
• Timber harvesting is not allowed unless the area has undergone at least ___ or a statistically sound timber estimate.
• The inventory must not be older than ___ before issuance of a license agreement or license allowing utilization.
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Annual Allowable Cut (AAC)
The ___ is determined based on:
• Size of the forest area.
• Volume and type of harvestable timber or forest products.
• Healthy residual trees.
• Seed trees and natural reproduction.
• Established cutting cycle and rotation.
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harvest forest products
No person may ___ without authorization and an approved AAC.
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DENR Secretary
The ___ reviews existing AACs to ensure sustained-yield management.
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AAC, cutting cycle, harvestable timber, and the capacity of healthy residuals to support second-growth forests
Duration of License Agreement or License to Harvest Timber

Duration is based on ___.
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harvestable timber has been utilized
Duration of License Agreement or License to Harvest Timber

The privilege automatically terminates when ___ and no logged-over area remains capable of commercial utilization.
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25 years;

25 years;

50 years
Duration of License Agreement or License to Harvest Timber

• Maximum period: ___.
• Renewable for another period not exceeding ___.
• Maximum total duration: ___
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perpetuity
Forest lands cannot be held in ___.
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Concession size
___ must be limited to the area that an applicant can effectively utilize and develop within 50 years.
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Consolidated concessions
___ must be reviewed for effective protection, reforestation, and management.
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incentives
DENR shall develop ___ for an integrated wood industry.
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Wood industry centers
___ and economic areas may be established.
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wood industry import-export centers
The President may establish ___ upon recommendations of NEDA and DENR.
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safeguards against pests, insects, and diseases harmful to forests
Imported logs must be subject to ___.
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Bare or grass-covered forest lands
Section 33 – Lands to Be Reforested and/or Afforested

___ with at least 50% slope.
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highly erodible soil
Section 33 – Lands to Be Reforested and/or Afforested

Forest lands below 50% slope with ___.
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Brushlands
Section 33 – Lands to Be Reforested and/or Afforested

___ needing development to increase productivity
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Open forest lands
Section 33 – Lands to Be Reforested and/or Afforested

___ with scattered forest patches.
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Denuded or inadequately timbered areas
Section 33 – Lands to Be Reforested and/or Afforested

___ declared as forest reserves, critical watersheds, national parks, game refuges, bird sanctuaries, national shrines, and historical sites.
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Inadequately stocked forest lands
Section 33 – Lands to Be Reforested and/or Afforested

___ within concessions.
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immediate reforestation
Section 33 – Lands to Be Reforested and/or Afforested

Portions of pasture lease or permit areas requiring ___.
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Riverbanks, easements, road rights-of-way, deltas, swamps, former riverbeds, and beaches
Section 33 – Lands to Be Reforested and/or Afforested

Other Public Forest Lands.
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PD 953, PD 1153, and other existing laws
Portions of private lands required to be reforested or planted with trees under ___.
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• Destruction
• Impairment
• Depletion
All necessary measures must be taken to protect forest resources from:
91
unauthorized entry, fire, theft, and other illegal activities
Section 38 – Control of Concession Area

Prevent ___.
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harvest timber within their concession areas
Section 38 – Control of Concession Area

License holders have exclusive rights to ___.
93
implement conservation and protection measures
Section 38 – Control of Concession Area

Holders have obligations to ___.
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maintain productive conditions
Section 38 – Control of Concession Area

Forest resources must be used sustainably to ___.
95
another license
If a license holder waives rights to certain timber species, ___ may be granted to harvest those species.
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conservation standards
The new license holder must follow the ___ set by the primary licensee.
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Mangrove strips protecting islands, shorelines, roads, and coastal communities
Section 43 – Swamplands and Mangrove Forests

___ must be maintained.
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alienated
Section 43 – Swamplands and Mangrove Forests

These strips cannot be ___.
99
Artificial obstructions
Section 43 – Swamplands and Mangrove Forests

___ must not prevent floodwater from flowing freely to the sea.
100
Timber utilization in A&D lands, private lands, civil reservations, and other lands containing timber
Section 43 – Swamplands and Mangrove Forests

___ must be regulated.
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Sawmills and wood-processing plants
Section 43 – Swamplands and Mangrove Forests

___ must have proper authorization to prevent unauthorized harvesting from forest lands.
102
Kaingineros, squatters, cultural minorities, and other occupants
___ who entered forest or grazing lands without authority before May 19, 1975 shall not be prosecuted.
103
expand their existing clearings;

two months;

management plan
Section 53 – Criminal Prosecution

1. They do not ___.
2. They undertake the activities required by DENR within ___ from notice.
3. They follow a ___ intended to conserve and protect forest resources.
104
50% or more
Forest lands with slopes of ___ cannot be used for pasture.
105
Pasture areas
___ must maintain sufficient grass cover to protect soil, water, and forest resources.
106
grass cover
If ___ is insufficient, trees or other vegetation must supplement it.
107
citizenship requirements
Applicants must satisfy ___.
108
increased Filipino equity
Corporations with ___ and participation beyond the constitutional 60% limitation are encouraged.
109
greater Filipino equity and participation
If all other factors are equal, preference is given to applicants with ___.
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• Financial resources.
• Technical capability.
• Ability to minimize resource utilization.
• Ability to protect, conserve, and develop forest lands.
Applicants must prove they have sufficient:
111
transfer, exchange, sell, or convey forestry privileges or related rights
A licensee, lessee, or permittee cannot ___ without DENR Secretary authorization.
112
3 years;

forestry laws or regulations;

all terms and conditions;

all required qualifications;

speculation;

all obligations of the transferor
Conditions for Transfer:
1. The privilege must have existed for at least ___.
2. The transferor must not have violated ___.
3. The transferor must have complied with ___.
4. The transferee must possess ___.
5. The transfer must not be intended for ___.
6. The transferee must assume ___.
113
licensees, lessees, or permittees
Section 62 – Service Contracts

DENR Secretary may allow ___ to enter into service contracts with foreign persons or entities.
114
financial, technical, management, or other assistance
Section 62 – Service Contracts

Contracts may provide ___.
115
Assistance
Section 62 – Service Contracts

___ is given in exchange for a fee.
116
exploration, development, exploitation, or utilization
Section 62 – Service Contracts

The contract covers ___ of forest resources.
117
Existing valid service contracts
Section 62 – Service Contracts

___ are recognized.
118
mangrove species
Cutting of ___ is banned.
119
₱10 per cubic meter
Forest charge: ___ of firewood cut in forest lands, branches, and recoverable wood wastes used as raw materials for finished products.
120
third- or fourth-group wood
Only ___ may be taken for firewood.
121
First- and second-group woods
___ may be removed for firewood only when jointly authorized by the DENR and DA Secretaries, from land more valuable for agriculture than forestry.
122
cuts, collects, removes, or gathers timber or other forest products
Section 68 – Cutting, Gathering, and/or Collecting Timber or Other Forest Products Without License
Elements of the Offense:

Any person ___ from forest land, A&D land, or private land without authority.
123
possesses timber or other forest products
Section 68 – Cutting, Gathering, and/or Collecting Timber or Other Forest Products Without License
Elements of the Offense:

Any person ___ without the legal documents required by forestry laws and regulations.
124
Articles 309 and 310
Section 68 – Cutting, Gathering, and/or Collecting Timber or Other Forest Products Without License
Penalties:

Penalties under ___ of the Revised Penal Code (qualified theft).
125
illegal cutting, gathering, collection, or possession
Section 68 – Cutting, Gathering, and/or Collecting Timber or Other Forest Products Without License
Penalties:

Officers who ordered ___ are liable.
126
confiscation
Section 68 – Cutting, Gathering, and/or Collecting Timber or Other Forest Products Without License
Penalties:

Court shall order ___ of illegally obtained timber and forest products.
127
Machinery, equipment, implements, and tools
Section 68 – Cutting, Gathering, and/or Collecting Timber or Other Forest Products Without License
Penalties:

___ illegally used shall also be confiscated in favor of the government.
128
Enters, occupies, or possesses
Section 78 – Unlawful Occupation or Destruction of Forest/Grazing Lands
Elements of the Offense:

___ forest or grazing land.
129
kaingin
Section 78 – Unlawful Occupation or Destruction of Forest/Grazing Lands
Elements of the Offense:

Makes ___ for personal use or for others.
130
forest or grazing land
Section 78 – Unlawful Occupation or Destruction of Forest/Grazing Lands
Elements of the Offense:

Destroys ___.
131
timber stands, forest products, or other forest growth
Section 78 – Unlawful Occupation or Destruction of Forest/Grazing Lands
Elements of the Offense:

Damages ___.
132
Assists, aids, or abets
Section 78 – Unlawful Occupation or Destruction of Forest/Grazing Lands
Elements of the Offense:

___ another person in committing these acts.
133
fire or negligently permits a fire
Section 78 – Unlawful Occupation or Destruction of Forest/Grazing Lands
Elements of the Offense:

Sets a ___ to be set in forest or grazing land.
134
Refuses to vacate an area
Section 78 – Unlawful Occupation or Destruction of Forest/Grazing Lands
Elements of the Offense:

___ when ordered under Section 53.
135
• Forest lands.
• Grazing lands.
• A&D lands not yet disposed of under the Public Land Act.
Section 79 – Pasturing Livestock
Offense: Grazing or causing livestock to graze without authority under a lease or permit in:
136
6 months to 2 years;

10 times the regular rentals due
Section 79 – Pasturing Livestock
Penalties:

Imprisonment: ___.
Fine: ___.
137
Confiscation of livestock and improvements
Section 79 – Pasturing Livestock
Penalties:

___ introduced into the area.
138
Corporate, partnership, or association officers and directors
Section 79 – Pasturing Livestock
Penalties:

___ are liable.
139
DENR survey permit
Section 82 – Survey by Unauthorized Persons
Offense: Entering forest lands without a ___ and conducting or undertaking a survey for any purpose.
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2 to 4 years;

Confiscation of implements;

Cancellation of license
Section 82 – Survey by Unauthorized Persons
Penalties:

Imprisonment: ___.
___ used in the violation.
___, if any.
141
unconstitutional
If any provision of PD 705 is declared ___, the remaining provisions remain valid and legal.
142
May 19, 1975
PD 705 took effect on ___.
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