CHAPTER 4

FOREST and FORESTLAND

MANAGEMENT
BAUTISTA
BENIPAYO
BOMBITA
TIONGSON
Environmental Situation
Barangay Bunga
An upland community of farmers
The area used to be a timber concession (TLA) but abandoned
after all the commercially important trees were cut.
The settlers have developed the area into farms, planting rice,
corn, sugarcane, bananas and other cash crops.
The settlers are not aware if these operations are illegal or not,
but they would at times work for these logging operators for odd
jobs.
None of the farmers have title of the land, as the entire barangay
is on classified forest land.
Property rights are recognized through "tax delacration" and
customary respect for possession and informal agreements of sale,
rent, or mortgage.
 DENR forest guards arrested two farmers
Transporting on a carabao
10 sacks of charcoal made from planted madre de cacao trees
Assorted cut lumber (Glema Species)
A chainsaw

The farmers are not aware of laws or regulations on forestry;

they grew up with charcoal making as decent livelihood.
LEGAL ANALYSIS
LAND CLASSIFICATION
What kind of activities are permitted in specific
classifications of lands?

Article 12, Sec. 2 The Regalian Doctrine

All lands are presumed to be part of the public domain

Regalian Doctrine

Presidential Decree 705

Presidential Decree 705 provides that

In Applying PD 705, all unclassified lands, are ipso facto

considered public forests.

In Heirs of Amnategui v. Director of Forestry

A Forest 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 xxx
Presidential Decree 705 Salient Provisions

Section 15. Topography

Section 16. Areas Needed for Forest Purposes

Section 19. Multiple Use

Section 52. xxx Henceforth, no person hall enter into

forest lands and cultivate the same without lease or permit
Penal Clause under PD 705
Section 53. Criminal Prosecution

Section 78. Cutting, Gathering and/or Collecting Timber. Or Other

Forest Products Without License

Section 78-A. Administrative Authority of the Department Head or

His Duly Authorized Representative to Order Confiscation

Section 79. Unlawful Occupation or Destruction of Forest Lands and

Grazing Lands
QUESTION
In Re: Situationer

Does it matter that the charcoal and lumber came

from trees that the farmers planted themselves, even
if these were planted on Forest Land?

Jurisprudence Cases illustrating PD 705

DENR Secretary Et. Al. vs. Mayor Yap et. Al.
G.R. No. 167707 October 8, 2008
Is Boracay considered a Forest Land falling
within the purview of PD 705?
What is the classification of Boracay?
Jurisprudence Cases illustrating PD 705
People v. Dator, Genol, Telen
G.R. No. 136142 October 24, 2000
Illegal Logging Violation of Sec 68 of PD 705
requiring acquisition of legal permits and
documents
Jurisprudence Cases illustrating PD 705
Paat V. Court of Appeals
G.R. No. 136142 October 24, 2000
Section 68-A of PD 705, Executive Order 277
Seizure of Property pursuant to xxx
Jurisprudence Cases illustrating PD 705
Merida v. People
G.R. No. 158182 June 12, 2008
Violation of Sec 68 of PD 705 Illegal Logging
xxx shall be punished with the penalties
imposed under Art 309 and 310 of the RPC xxx
POLICY ANALYSIS
REVISED FORESTRY CODE (PD 905)
Sustainable Use Framework Regulated Grants &
Licenses
Criminalization of Illegal Forestry Activities
DENR AO 23-1991
Complete ban on logging in old growth forests
EO 263, s. of 1995
Community-Based Forest Management to achieve
sustainable forestry & social justice
Community engagement as immediate
stakeholders of the land
EO 23, s. of 2011
Moratorium on all classes of logging contracts
OUR FOREST, OUR LIFE
Wood has multiple cultural and environmental significances in different
cultures and different communities
Wood is a classical element unique to Chinese astrology. Its influence
over those born of those Chinese astrological signs. It also symbolizes
renewal and rebirth.
Wood also symbolizes life, vitality, perseverance in the face of
obstacles, continuing growth, and flexibility
Forests provide fodder and shelter. It also anchors the soil with their
roots, preserving them against erosive forces.
They help regulate the climate as carbon sinks or stores from the
conversion of carbon dioxide to oxygen.
They also have religious meaning; many indigenous peoples see tree as
sacred.
 The most serious challenge we must address to protect
our remaining forests and renew or rejuvenate our forest
land that not have yet been converted into other uses is
where to get the funds to pay for such protection and
reforestation.
We must change the way we see our forest and all our
environmental and natural ecosystems.
We must be able to take into account all the stakeholders
in the protection of our forests.
THE FOREST and THE TREES
Stakeholders must be able to see not only the small details but
also the big picture and vice-versa as it would be
counterproductive if a narrow view of only each perspective is
taken.
For the last twenty years, the environmental movement has
demanded an absolute commercial logging ban.
Couple with this in the early 1990s environmental lawyer Tony
Oposa filed a case to compel the Department of Environment and
Natural Resources to Cancel all timber license which established
the legal principle of intergenerational responsibility.
1996-1998, the DENR Secretary Victor Ramos became strict with
logging companies an cancelled TLAs that were not complying with
their legal obligations. As a result only a handful of logging
operations remained.
 In the imposition of the logging ban of president aquino it must be remembered
that the devil is in the details wherein execution must be properly observed in
order to effectively bring about the desired result of protection and sustainability.
In order that these may be met extensive public consultation of different
stakeholders must be conducted.
In conjunction to the execution of EO 23 should be harmonised with EO 263 which
adopted community based forest management as the national strategy to ensure
the sustainable development of the countrys forest and EO 318 further affirmed
the primacy of CBFM.
Given the log bans economic impacts, the climate change commission should fast
track implementation of REDD-plus program under the united Nation Framework
Convention on Climate Change.
If such has been designed properly with social,, environemental and governance
safeguards it could potentially bring significant resources for forest protection and to
support forest workers and communities.
A significant priority is to make sure that in implementation is ensuring that good
intentions be the guiding principle instead of loopholes which may be potentially
exploited by ill-motivated people.
ex. tightening exceptions indicated in the order