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protection, development,
management, regeneration, and
reforestation of forest lands;
regulation and supervision of the
operation of licensees, lessees and
permittees for the taking or use of
forest products therefrom or the
occupancy or use thereof’
implementation of multiple use and
sustained yield management in
forest lands; the protection,
development and preservation of
national parks, marine parks, game
refuges and wildlife;
CHAPTER 3- REVISED FORESTRY CODE
Utilization, exploitation, occupation and possession of forest lands and other resources
shall be allowed (sec.19), provided:
It will produce optimum benefits to public welfare
No impairment or with the least injury
Preservation and protection of forest-adherence to public policy. Hence, Revised
Forestry Code
Preservation of Forest = survival of human beings; beyond survival-responsibility
INTER-GENERATIONAL RESPONSIBILITY
o Every generation, while enjoying the right to a balanced and healthful
ecology, has the responsibility to preserve and protect the environment for
the enjoyment of the future generations, generations yet unborn
o Oposa vs. Factoran (Davide Jr., J)
Taxpayer’s class suit by minors Juan Antonio Oposa, et al., representing
their generation and generations yet unborn, and represented by their
parents against Fulgencio Factoran Jr., Secretary of DENR.
Cancel Timber Licensing Agreements & Cease and Desist from issuing
TLA (TLA allows deforestation)
TLA violates Section 16, Article II of the Constitution (right to balanced
and healthful ecology)
Other effects: Reduction of Earth’s capacity to process carbon gases
which results to global warming (emphasize this one, according to
Justice A)
RULING
RULING
REFORESTATION
o Licensee shall reforest all the areas which shall be determined by the bureau (sec.
27, RFC)
o Lands to be reforested
bare or grass covered tracts of forest lands with AT LEAST 50%SLOPE
bare or grass covered tracts of forest lands with less than 50% (erodible soil)
brushlands or tracts of forest lands covered with brush which need to
be developed to increase their productivity
Open tracts of forest lands interspersed with patches of forest
Denuded or inadequately –timbered areas proclaimed by the President as
forest reserves and reservations as critical watersheds, national parks, game
refuge, bird sanctuaries, national shrines, national historic sites
inadequately-stocked forest lands within forest concessions
portions of areas covered by pasture leases or permits having a slope of at
least 50%
riverbanks, easements, road rights-of-ways, deltas, swamps, former river
beds and beaches
FOREST PROTECTION
o SPECIAL USES
Pasture Purposes- as long as the land is less than 50% slope and
maintained with grass and water
Wildlife- as a forest resource, may be killed, destroyed, consumed, eaten
without permit
-for protection of life, health, safety, property and for the
convenience of the people
Next Slide:… In case the offender is Area needs rehad… he shall be liable for it.
found to be guilty of kaingin
Hunt, kill or capture any animal the penalty
is the same..
PS (Eviction)
Immediate eviction..
If the offender is a public official or
Survey by Unauthorized Persons
employee, in addition to the penalties, he
shall in addition to the above penalties Any person who shall, without permit to
be deemed automatically dismissed from survey from the director, enters forest lands
office and permanently disqualified from
and conduct a survey for whatever purpose.
holding any elective or appointive
position. Imprisonment: not less than 2 nor more
than 4 years.
Pasturing Livestock
Confiscation of Implements used in the
Any person who shall, without authority
violation of this section.
cause to graze livestock in forest lands,
grazing lands or alienable lands which have Misclassification and Survey by
not as yet been disposed of in accordance government official or employee.
with the public Land Act.
Any public officer who knowingly
Imprisonment: Not less than six months surveys, classifies or recommends the
nor more than 2 years. release of forest lands as alienable and
disposable lands contrary to criteria and
Fine: 10x the regular rentals due.
standards established in the Code.
Confiscation: of livestock and all the
Dismissed from service with prejudice to
improvements introduced in the area in
reemployment
favor of the government.
Imprisonment: not less than 1 year.
Illegal Occupation of national system and
recreation areas and vandalism therein. Fine: 1,000
Any person who shall, without permit, The survey, classification or release of
occupy for any length of time any portion of forestlands shall be null and void.
the national parks system or shall, in any
manner, cut, destroy, damage or remove
Arrest
Moving Vehicle
-Custodia Legis.