Article 29p. 29

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

Where roads are utilized by more than one commercial

forest user, the Bureau shall prescribe the terms and

conditions of joint use including the equitable sharing of

construction and/or maintenance costs, and of the use of

these roads by other parties and the collection of such

fees as may be deemed necessary.

Section 50. Logging roads. There shall be indiscriminate

construction of logging roads.

Such roads shall be strategically located and their widths

regulated so as to minimize clear-cutting, unnecessary

damage or injury to healthy residuals, and erosion. Their

construction must not only serve the transportation

need

of

the

logger

but,

most

importantly,

the

requirement

to

save

as

many

healthy

residuals as

possible during cutting and hauling operations.

Section 51. Management of occupancy in forest lands.

Forest occupancy shall henceforth be managed. The

Bureau shall study, determine and define which lands

may be the subject of occupancy and prescribed therein,

an agro-forestry development program.

Occupants shall undertake measures to prevent and

protect forest resources.

Any

occupancy

in

forest

land

which

will result in

sedimentation, erosion, reduction in water yield and

impairment of other resources to the detriment of

community and public interest shall not be allowed.

In

areas

above

50%

in

slope,

occupation

shall

be

conditioned upon the planting of desirable trees thereon

and/or adoption of other conservation measures.

Section 52. Census of kaingineros, squatters, cultural

minorities and other occupants and residents in forest

lands. Henceforth, no person shall enter into forest lands

and cultivate the same without lease or permit.

A complete census of kaingineros, squatters, cultural

minorities and other occupants and residents in forest

lands with or without authority or permits from the

government, showing the extent of their respective

occupation and resulting damage, or impairment of

forest resources, shall be conducted.

The

Bureau

may

call

upon

other

agencies

of the

government and holders of license agreement, license,

lease and permits over forest lands to participate in the

census.

Section

53.

Criminal

prosecution.

—

Kaingineros,

squatters, cultural minorities and other occupants who

entered into forest lands and grazing lands before May

19,

1975,

without

permit

or

authority,

shall

not be

prosecuted: Provided, That they do not increase their

clearings: Provided, further, That they undertake, within

two (2) months from notice thereof, the activities to be

imposed upon them by the Bureau in accordance with

management plan calculated to conserve and protect

forest

resources

in

the

area: Provided, finally, That

kaingineros,

squatters,

cultural minorities and other

occupants shall whenever the best land use of the area

so demands as determined by the Director, be ejected

and relocated to the nearest accessible government

resettlement area. (Amending P.D. No. 705 (Revised

Forestry Code of the Philippines), Presidential Decree

No. 1559, [June 11, 1978])

E. SPECIAL USES

Section 54. Pasture in forest lands. No forest land 50% in

slope or over may be utilized for pasture purposes.

Forest lands which are being utilized for pasture shall be

maintained with sufficient grass cover to protect soil,

water and other forest resources.

If

grass

cover

is

insufficient,

the

same

shall

be

supplemented with trees or such vegetative cover as

may be deemed necessary.

The size of forest lands that may be allowed for pasture

and other special uses shall be determined by rules and

regulations,

any

provision

of

law

to

the

contrary

notwithstanding.

Section 55. Wildlife. — All measures shall be adopted to

conserve wildlife. The Director shall regulate the hunting

of

wildlife

in forest lands in order to maintain an

ecological balance of flora and fauna. (Amending P.D.

No.

705 (Revised Forestry Code of the Philippines),

Presidential Decree No. 1559, [June 11, 1978])

Section

56.

Recreation.

The

Bureau

shall,

in

the

preparation of multiple-use management plans, identify

and provide for the protection of scenic areas in all forest

lands which are potentially valuable for recreation and

tourism, and plan for the development and protection of

such areas to attract visitors thereto and meet increasing

demands therefor.

The construction and operation of necessary facilities to

accommodate outdoor recreation shall be done by the

Bureau with the use of funds derived from rentals and

fees for the operation and use of recreational facilities by

private persons or operators, in addition to whatever

funds may be appropriated for such purposes.

Section 57. Other special uses of forest lands. Forest

lands

may

be

leased

for

a

period

not

exceeding

twenty-five (25) years, renewable upon the expiration

thereof for a similar period, or held under permit, for the

establishment of sawmills, lumber yards, timber depots,

logging camps, rights-of-way, or for the construction of

sanatoria, bathing establishments, camps, salt works, or

other beneficial purposes which do not in any way

impair the forest resources therein.

F. QUALIFICATIONS

Section 58. Diffusion of benefits. The privilege to utilize,

exploit, occupy, or possess forest lands, or to conduct any

activity

therein,

or

to

establish

and

operate

wood-processing plants, shall be diffused to as many

qualified and deserving applicants as possible.

Section 59. Citizenship. In the evaluation of applications

of

corporations,

increased

Filipino

equity

and

participation beyond the 60% constitutional limitation

shall be encouraged. All other factors being equal, the

applicant with more Filipino equity and participation

shall be preferred.

Section 60. Financial and technical capability. No license

agreement, license, lease or permit over forest lands

shall

be

issued

to

an

applicant

unless

he

proves

satisfactorily that he has the financial resources and

technical capability not only to minimize utilization, but

also

to

practice forest protection, conservation and

development measures to insure the perpetuation of

said forest in productive condition.

Section

61.

Transfers.

—

Unless

authorized

by

the

Department Head, no licensee, lessee, or permittee may

transfer, exchange, sell or convey his license agreement,

license, lease or permit, or any of his rights or interests

therein,

or

any

of

his

assets

used

in

connection

therewith.

© 2018 Compiled by RGL

29 of 244