FOREST LAW ENFORCEMENT
I. THE FORESTRY SECTOR
The Philippines is one of the 18 mega diverse countries in the world.
The country has more than 52,170 described species,
about half of which are found nowhere else in the world.
Studies show that on a per unit area basis, the
Philippines is the top mega diversity country. However,
unsustainable logging operations and illegal timber trade
continue to pose serious threats to the country’s species
richness. In 1917, the country still had 17 million ha, or
more than 50% of her 30 million ha land area. Today, the
latest estimate shows that only about 7.168 million ha of
Philippine forests remain (Philippine Forestry Statistics,
2003).
In the 60’s and 70’s the forestry sector was a major
contributor to the country’s economy. The Master Plan
for Forestry Development of the Philippines (1991)
indicated that for almost two decades, agriculture,
logging, mining and fisheries together contributed annual
almost P15 billion to the country’s gross value added. Although this was
almost doubled in 1988 (P25 billion), the share of forestry and logging
dramatically plummeted from 12.5% in 1970 to only about 2.3% in 1988.
In the 2003 Annual Report of DENR, it was reported that the
Philippines—from being a major tropical timber exporter up to the 70’s
has become a net importer of forest products (65%-70% of wood
requirements).
About 18-20 million Filipinos live in the uplands under abject poverty.
II. OVERVIEW OF FOREST MANAGEMENT
IN THE PHILIPPINES
A. LEGAL FRAMEWORK
State ownership of natural resources
This is contained in Article XII, Sec. 2 of the 1987 Philippine Constitution,
thus: “all lands of the public domain, waters, minerals, coal, petroleum
and other mineral oils, all forces of potential energy, fisheries, forests or
timber, wildlife, flora and fauna, and other natural resources are owned by
the State. With the exception of agricultural lands, all other natural
resources shall not be alienated”.
Accordingly, “the exploration, development, and utilization of natural
resources shall be under the full control and supervision of the State. The
State may directly undertake such activities, or it may enter into coproduction,
joint venture, or production sharing agreements with Filipino
citizens or corporations or associations at least sixty per centum of whose
capital is owned by such citizens”.
Two major classification of forest Lands
The first are the protection forests. These are the protected areas and the
proclaimed watersheds. They are called “set-asides” or protection forests
because they have been legislated or proclaimed for the public good.
Their primary purpose is for preservation and biodiversity conservation.
They fall under the general category of national parks under Article XII,
Sec. 3 of the 1987 Philippine Constitution.
The second are the production forests. These forests are to be
sustainably managed primarily for the utilization of the resources therein
such as timber and non-timber forest products. In the 1987 Constitution,
they fall under the category of forest or timber lands.
B. AGENCIES TASKED WITH FOREST MANAGEMENT
DENR as primary agency
DENR is the primary government agency responsible for the
conservation, management, development and proper use of the country’s
environment and natural resources as well as the licensing and regulation
of all natural resources (EO 192, 1987).
LGUs as partners / co-managers
Under RA 7160 (Local Government Code of 1991), “local government
units (LGUs) shall share with national government the responsibility in the
management and maintenance of ecological balance within their territorial
jurisdiction”.
Section 17 of the LGC went on to devolved certain forest management
functions to LGUs, such as enforcement of forestry laws in community
based forestry projects, integrated social forestry programs and
communal forests, subject to supervision, control and review of the
DENR.
In 1998, DENR and DILG issued Joint Memorandum Circular No. 98-01
entitled “Manual of Procedures for DENR-DILG-LGU Partnership on
Devolved and Other Forest Management Functions.”
In 2003, in an effort to strengthen the partnership, DENR-DILG issued
Joint Memorandum Circular No. 2003-01 entitled “Strengthening the
DENR-DILG-LGU Partnership on Devolved and Other Forest
Management Functions.” Other agencies having jurisdiction over forest lands
By virtue of other laws and Presidential Proclamations, other agencies
have also been given jurisdiction and management over certain forest
areas such as UP with respect to Mt. Makiling (RA 6967, 1989) and
PNOC over Tiwi Geothermal, Tongonan and Palimpinon watershed areas
(PD 1515).
In the Autonomous Region in Muslim Mindanao, management of the
forest lands is entrusted to the ARMM government.
C. MAJOR FORESTRY LAWS
The principal law governing forest management in the country is PD 705
(1975) otherwise known as the “Revised Forestry Code of the
Philippines”. The Code contains basic forestry standards and practices
such as areas needed for forestry, multiple use, forest utilization and
management, and criminal offenses and penalties. PD 705 has been
amended by PD 865, PD 1559, PD 1775, BP 83, RA 7161 and EO 277.
Another important law in forestry is RA 7586 (1992) or the “National
Integrated Protected Area System” (NIPAS). This is the principal law
governing set asides or protected areas. NIPAS encompasses
outstanding remarkable areas and biologically important public lands that
are habitats of rare and endangered species of plants and animals,
biogeographic zones and related ecosystems, all of which are designated
as protected areas. The protected areas include strict and nature reserve,
natural monument, wildlife sanctuary, protected landscapes and
seascapes, resource reserve and natural biotic areas.
RA 8371 (1997) or the “Indigenous People’s Rights Act” (IPRA) will also
have great impact on forest management. Other laws include RA 9072
(2001) or the “National Cave and Resources Management and Protection
Act”, RA 9147 (2001) “Wildlife Resources Conservation and Protection
Act”, and RA 9175 “The Chainsaw Act.”
FOREST LAW ENFORCEMENTI. THE FORESTRY SECTORThe Philippines is one of the 18 mega diverse countries in the world.The country has more than 52,170 described species,about half of which are found nowhere else in the world.Studies show that on a per unit area basis, thePhilippines is the top mega diversity country. However,unsustainable logging operations and illegal timber tradecontinue to pose serious threats to the country’s speciesrichness. In 1917, the country still had 17 million ha, ormore than 50% of her 30 million ha land area. Today, thelatest estimate shows that only about 7.168 million ha ofPhilippine forests remain (Philippine Forestry Statistics,2003).In the 60’s and 70’s the forestry sector was a majorcontributor to the country’s economy. The Master Planfor Forestry Development of the Philippines (1991)indicated that for almost two decades, agriculture,logging, mining and fisheries together contributed annualalmost P15 billion to the country’s gross value added. Although this wasalmost doubled in 1988 (P25 billion), the share of forestry and loggingdramatically plummeted from 12.5% in 1970 to only about 2.3% in 1988.In the 2003 Annual Report of DENR, it was reported that thePhilippines—from being a major tropical timber exporter up to the 70’shas become a net importer of forest products (65%-70% of woodrequirements).About 18-20 million Filipinos live in the uplands under abject poverty. II. OVERVIEW OF FOREST MANAGEMENTIN THE PHILIPPINESA. LEGAL FRAMEWORKState ownership of natural resourcesThis is contained in Article XII, Sec. 2 of the 1987 Philippine Constitution,thus: “all lands of the public domain, waters, minerals, coal, petroleumand other mineral oils, all forces of potential energy, fisheries, forests ortimber, wildlife, flora and fauna, and other natural resources are owned bythe State. With the exception of agricultural lands, all other naturalresources shall not be alienated”.Accordingly, “the exploration, development, and utilization of naturalresources shall be under the full control and supervision of the State. TheState may directly undertake such activities, or it may enter into coproduction,joint venture, or production sharing agreements with Filipinocitizens or corporations or associations at least sixty per centum of whosecapital is owned by such citizens”.Two major classification of forest LandsThe first are the protection forests. These are the protected areas and theproclaimed watersheds. They are called “set-asides” or protection forestsbecause they have been legislated or proclaimed for the public good.Their primary purpose is for preservation and biodiversity conservation.They fall under the general category of national parks under Article XII,Sec. 3 of the 1987 Philippine Constitution.The second are the production forests. These forests are to besustainably managed primarily for the utilization of the resources thereinsuch as timber and non-timber forest products. In the 1987 Constitution,they fall under the category of forest or timber lands.B. AGENCIES TASKED WITH FOREST MANAGEMENTDENR as primary agencyDENR is the primary government agency responsible for theconservation, management, development and proper use of the country’senvironment and natural resources as well as the licensing and regulationof all natural resources (EO 192, 1987).LGUs as partners / co-managersUnder RA 7160 (Local Government Code of 1991), “local governmentunits (LGUs) shall share with national government the responsibility in themanagement and maintenance of ecological balance within their territorialjurisdiction”.Section 17 of the LGC went on to devolved certain forest managementfunctions to LGUs, such as enforcement of forestry laws in communitybased forestry projects, integrated social forestry programs andcommunal forests, subject to supervision, control and review of theDENR.In 1998, DENR and DILG issued Joint Memorandum Circular No. 98-01entitled “Manual of Procedures for DENR-DILG-LGU Partnership onDevolved and Other Forest Management Functions.”In 2003, in an effort to strengthen the partnership, DENR-DILG issuedJoint Memorandum Circular No. 2003-01 entitled “Strengthening theDENR-DILG-LGU Partnership on Devolved and Other ForestManagement Functions.” Other agencies having jurisdiction over forest landsBy virtue of other laws and Presidential Proclamations, other agencieshave also been given jurisdiction and management over certain forestareas such as UP with respect to Mt. Makiling (RA 6967, 1989) andPNOC over Tiwi Geothermal, Tongonan and Palimpinon watershed areas(PD 1515).In the Autonomous Region in Muslim Mindanao, management of theforest lands is entrusted to the ARMM government.C. MAJOR FORESTRY LAWSThe principal law governing forest management in the country is PD 705(1975) otherwise known as the “Revised Forestry Code of thePhilippines”. The Code contains basic forestry standards and practicessuch as areas needed for forestry, multiple use, forest utilization andmanagement, and criminal offenses and penalties. PD 705 has beenamended by PD 865, PD 1559, PD 1775, BP 83, RA 7161 and EO 277.Another important law in forestry is RA 7586 (1992) or the “NationalIntegrated Protected Area System” (NIPAS). This is the principal lawgoverning set asides or protected areas. NIPAS encompassesoutstanding remarkable areas and biologically important public lands thatare habitats of rare and endangered species of plants and animals,biogeographic zones and related ecosystems, all of which are designatedas protected areas. The protected areas include strict and nature reserve,natural monument, wildlife sanctuary, protected landscapes andseascapes, resource reserve and natural biotic areas.RA 8371 (1997) or the “Indigenous People’s Rights Act” (IPRA) will alsohave great impact on forest management. Other laws include RA 9072(2001) or the “National Cave and Resources Management and ProtectionAct”, RA 9147 (2001) “Wildlife Resources Conservation and ProtectionAct”, and RA 9175 “The Chainsaw Act.”
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