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The Forest Management Bureu

The document outlines the historical evolution of forest management in the Philippines from the Spanish colonial period to present day. It traces the various government agencies and bureaus responsible for forestry, including the Inspeccion General de Montes under Spanish rule, the Forestry Bureau established by the US military government, and the modern Forest Management Bureau within the Department of Environment and Natural Resources. It also summarizes the legal basis for the Forest Management Bureau and its mandates to provide technical guidance and recommend policies for protecting, developing, and conserving forestlands.

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Kent Udtohan
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0% found this document useful (0 votes)
467 views26 pages

The Forest Management Bureu

The document outlines the historical evolution of forest management in the Philippines from the Spanish colonial period to present day. It traces the various government agencies and bureaus responsible for forestry, including the Inspeccion General de Montes under Spanish rule, the Forestry Bureau established by the US military government, and the modern Forest Management Bureau within the Department of Environment and Natural Resources. It also summarizes the legal basis for the Forest Management Bureau and its mandates to provide technical guidance and recommend policies for protecting, developing, and conserving forestlands.

Uploaded by

Kent Udtohan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd

THE FOREST MANAGEMENT

BUREU
APP;LICABLE LEAGAL BASIS
The legal bases related with the activation of the Management Bureau, Department of Environment and Natural
Resources (FMB, DENR), are as follows: PD. No. 389, entitled "Codifying, Revising and Updating all Forestry
Laws and for Other Purposes the Forestry Reform Code of the Philippines, and P.D. No 705, otherwise known as
"The Forestry Reform Code of the Philippines, Providing for the Reorganization of the Department of
Environment, Energy and Natural Resources, and Renaming it as the Department of Environment and Natural
Resources and for Other Purposes" Forest E.O. No. 193, "Expanding the Coverage of the National Greening
Program," R.A. No. 10690, "An Act Regulating the Practice of Forestry in the Philippines and Appropriating
Funds therefor repealing for the purpose R.A. No. 6239, known as "The Forestry Profession Law." Proclamation
No. 2013-663, Repealing Proclamation No. 2057 and Transferring the Administration of the Busuanga Pasture
Reserve to the Forest Management Bureau, Department of Environment and Natural Resources (FMB, DENR).
E.O. No. 23, Declaring a Moratorium on the Cutting and Harvesting of Timber in the Natural and Residual
Forests and Creating the Anti-Illegal Logging Task Force, EO No. 26, Declaring an Inter- Departmental
Convergence Initiative for a National Greening Program, and P.D. No. 330, entitled "The Law Penalizing Timber
Smuggling of Illegal Cutting of Logs from Public Forests and Forest Reserves as Qualified Theft."
HISTORICAL EVOLUTION
During the Spanish regime, on June 1863, the "Inspeccion General de Montes" was inaugurated under the Spanish
Government pursuant to a Spanish Royal Decree under the "Direccion General de Administracion Civil" whose
function was to determine, through data collection, the extent of the country's forest resources and oversee their
proper utilization. On September 3, 1863, the Forestry Service was allowed by the Superior Civil Government to
intervene in all matters pertaining to cutting, extracting timber, resins, etc., and to open up virgin lands to give
concessions over mountain lands and transact business related to lands and forests.

On February 1874, the government authorized the free use of timber under the gratuitous license. Then, on
November 30, 1894, the Royal Decree promulgated in Spain approved the definite Forest Laws and Regulations
for the Philippine Forest Service, which was drafted by "Ministro de Ultimar." The regulations contained 138
Articles under nine Titles.

.
On August 13, 1898, the Land Law of the Philippine Islands was created to designate, inventory, and mark the boundary of
the forests belonging to the state, which shall constitute the forest zones of the Governor-General under the General Dictorale
of Civil Administration. On January 18, 1899, Gen. Emilio F. Aguinaldo made a decree combining the Division of Forests in
Bureau of Public Works and the Division of Mines in the Bureau of Agriculture and Industry as "General Inspeccion of
Forests and Mines.

During the American regime, on April 14, 1900, the "Inspeccion, was renamed into Forestry Bureau by the U.S. Military
Governor in the Philippines with the issuance of General Order No. 50., Captain George P. Ahern, of the 96th U.S. Infantry,
was named as its first Director. On September 6, 1901, the Forestry Bureau was changed to Bureau of Forestry and was
placed under the newly created Department of Interior (DI) by virtue of Act No. 222.

In 1910s, the establishment of the Forester's Training School in Los Baños, Laguna, gave opportunity for Filipinos to be
trained and educated with Forestry Science. The first generation of graduates assumed the position of the Bureau of Forestry.
On November 18, 1916, the Department of Interior (DI) was abolished and transferred all its functions and authority to the
Department of Agriculture and Natural Resources (DANR). Under the Act, the DANR took "direct executive control,
direction, and supervision of the Bureau of Agriculture, Bureau of Forestry, Bureau of Lands, Bureau of Science
and the Weather Bureau, and all matters concerning hunting, fisheries, sponges and other sea products, and such others as may be hereafter
assigned to it by Act No. 2666.

On January 1, 1933, the Division of Forest Fauna and Grazing of the Bureau of Forestry, the Division of Zoology and the Division of Fisheries
of the Bureau of Science were fused into one special Division known, as the Fish and Game Administration, which was placed under the direct
administrative jurisdiction of the Department of Agriculture and Commerce by virtue of General Memorandum Order No. 4 dated December 5,
1932. The period January 1, 1937, signaled the Filipinization of the country's forest service by appointing Forester Florencio R. Tamesis, as
Director, Bureau of Forestry. On June 8 1939, the jurisdiction by the Bureau of Forestry over pasture areas and grazing lands was provided under
Commonwealth Act No. 452.

During the Japanese occupation, on July 1, 1941, the functions of the Division of Forest Fauna and Grazing was returned to the Bureau of
Forestry and those of the Division of Zoology to the Bureau of Science under the reorganization plan of the Fish and Game Administration under
the Department of Agriculture and Commerce and was renamed as Division of Fisheries. On January 30, 1942, the office became Bureau of
Forestry and Fishery under the Ministry of Agriculture and Commerce by virtue of Administrative Order No. 1 as approved by the Commander-
in-Chief of the Japanese Imperial Forces in the Philippines.

On February 1945, after the Second World War, the Bureau of Forestry was reopened with Forester Carlos Sulit as Officer-in-Charge to continue
the management of the country's resources. On April 24, 1945, the Bureau of Forestry was reconstituted with five (5) divisions and 44 district
officer
The responsibilities of the Bureau soon expanded requiring the creation of additional functional divisions and units
in the central office and in the field. During the Independence period, on 1957, the Bureau of Forestry was
separated from the College of Forestry as provided by the Reorganization Plan 30-A. Before, the Director of the
Bureau serves as ex-officio Dean, School of Forestry, University of the Philippines.
The Forest Products Institute was created from the merger of the Forest Products Laboratory and the Forest
Products Section of the Bureau of Forestry by virtue of Reorganization Plan No. 77

On June 18, 1960, the Reforestation Administration was created to reforest and afforest bare and denuded forest
lands especially critical watersheds by virtue of R.A. No. 2706. On November 1, 1972, the Bureau of Forest
Development (BFD) was created by virtue of P.D. No. I wherein the Bureau of Forestry, the Parks and Wildlife
Office and the Reforestation Administration were merged

On December 18, 1974, the Forest Research Institute (FORI),


was created with the Forest Research Division of the Bureau of Forest Development as a nucleus, by virtue of P.D. No. 607. It is
now known as Ecosystems Research and Development Bureau (ERDB) under E.O No. 192. On May 19, 1975, the Bureau of Forest
Development (BFD) was formally organized as a result of a merger of the Bureau of Forestry, Parks and Wildlife Office,
Reforestation Administration and the Southern Cebu Reforestation Project as provided in the provisions of P.D. No. 705 revising
PD. No. 389, otherwise known as the *Forestry Reform Code of the Philippines."

On July 10, 1985, the Wood Industry Development Authority (WIDA) was created to regulate, control, supervise, and develop the
wood industry of the Philippines in all aspects. The WIDA absorbed the functions of the Presidential Committee on Wood Industry
Development (PCWID) and all the functions and powers of the BFD pertaining to forest utilization as provided by E.O. No. 1039.

During the post-EDSA revolution, on June 10, 1987, the Forest Management Bureau (FMB) was created by virtue of E.O No. 192
known as the Reorganization Act of the DENR. The FMB integrated and absorbed the powers and functions of the Bureau of Forest
Development (BFD) and the Wood Industry Development Authority (WIDA), except those line functions and powers which were
transferred to the Regional Field Offices (RFOS).

The Parks and Wildlife Division and the Marine Parks Program of the Bureau of Forest Development were absorbed by the newly
created
Protected Areas and Wildlife Bureau. Likewise, the Land Classification Teams of the Bureau of Forest
Development was integrated to the National Mapping and Resource Information Authority as an attached agency
of the DENR

On June 30, 1990, the Master Plan for Forestry Development was prepared to guide the long-term development
of the forestry sector in the Philippines On October 29, 1991 and on July 19, 1995, community-based Forest
Management was adopted as the National Strategy to ensure the sustainable development of the country's
forestland resources and providing mechanisms for its implementation due to the enactment of EO. No. 263.

The forest service in the New Millennium, on October 2003, the Revised Master Plan for Forestry Development
was drafted as a result of the review and revision of the 1990 Master Plan for Forestry Development On May 11,
2005, the Forest Management Bureau was reconstituted into four (4) Divisions by virtue of E.O. No. 366. On
January 2015, the Philippine Master Plan for Climate Resilient Forestry Development was prepared taking into
consideration the potential impacts of climate change to the forestry sector.
Mandates, Vision and Mission
The mandates of the Forest Management Bureau, Department of Environment and Natural Resources (FMB,
DENR), is read as follows "to provide technical guidance to the central and field offices for the effective protection,
development, and conservation of forestlands and watersheds. It shall recommend policies and programs towards the
achievement of sustainable forest management, based on science and principles of good forest governance."

The vision of FMB, DENR is read as follows "a forest that creates wealth for our nation as the cradle of life,
nurtured by our people's aspiration for a just, humane, and progressive society guided by the ideals of our ancestors
and the blessings of God Almighty" While the mission of FMB, DENR is read as follows, "a responsive government
forest service organization of competent professionals providing quality
service and leadership in the sustainable management of forest resources
framework for Sustainable Management
As a framework for implementing sustainable forest management, the Forest Instrument includes a set of 25 National Policies
and Measures, which are designed to bring the country closer to the goal of achieving sustainably managed forest ecosystems
all over the archipelago. Although on voluntary basis, each member state of UNFF is responsible for the sustainable
management of its forests and enforcement of its forest-related laws.

Importantly, in addition to the government's forest service units, all relevant stakeholders including Local Government Units
(LGUS), local and indigenous communities, non-governmental, civic society, academe, and media organizations will be
involved through transparent, participatory constructive engagements, dialogues, and consultations.

The set of 25 National Policies and Measures is wide ranging and covers diverse areas such as SFM policy development,
strengthening forest legislation, promoting good governance, increasing participation and strengthening partnerships,
incorporating the results of science and research, protecting traditional forest knowledge, developing financing strategies,
promoting private sector investments, enhancing the value of forest products and services, enhancing access to forest resources
and markets to support livelihood, and sharing of benefits equitably.
Implementation of Forest Instrument
The Philippines has been making a concerted effort to reverse the downward trend in its forest cover, enhancing forest
ecosystems services, notably supplying water, mitigating and helping various sectors to adapt to climate change, and
conserving biodiversity; reducing poverty in the uplands, and meeting domestic needs for timber and non-timber forest
products.

The country has a rich history with active and participatory approaches toward stakeholders' debate and involvement in
forestry However, stakeholders are grappling to find a common perspective and strategy towards sustainable forest
management. New national policies have recently been promulgated imposing a moratorium on a National Greening Program
that will require domestic investments of about two billion US dollars to establish 1.5 million hectares of additional forests
within six (6) years.
Support to the Forest Instrument
The Philippines is receiving technical support from the Food and Agriculture Organization of the United Nations (FAO-UN)
for implementing the Forest Instrument with funding provided by the Government of Germany. The Forest Management
Bureau, Department of Environment and Natural Resources (FMB, DENR) is coordinating the efforts of forestry sector's
stakeholders in conducting an inventory of, and assessing SFM related initiatives, identifying gaps, and assessing priority
actions for putting sustainable forest management on the ground all over the archipelago. It is envisaged that upon completion
of the two-and-half year project, the forestry stakeholders will be on a clear path towards sustainable management of all types
of forests and will have the necessary capabilities to implement actions, monitor progress, and share the lessons learned.
A D A P T I O N O F S TAT E P O L I C I E S

As provided for by Section 2, P.D. No. 705, the state hereby adopts the following policies
1.The multiple uses of forest lands shall be oriented to the development and progress requirements of the country,
the advancement of science and technology, and the public welfare:
2. The protection, development and rehabilitation of forest lands shall be emphasized so as to ensure their
continuity in productive condition.
3. The establishment of wood-processing plants shall be encouraged and rationalized, and
4. Land classification and survey shall be systematized and hastened
JURISDICTIONS OF THE FMB
As provided for by Section 5, P.D. No. 705, the bureau shall have jurisdiction and authority over all forest land,
grazing lands, and all forest reservations including watershed reservations presently administered by other
government agencies or instrumentalities. The bureau shall regulate the establishment and operations of sawmills,
veneer and plywood mills, and other wood processing plants and conduct studies of domestic and world markets of
forest products.

It shall be responsible for the protection, development, management, regeneration and reforestation of forest lands:
the regulation and supervision of the operations of licensees, lessees, and permittees for the taking or use of forest
products therefrom or the occupancy or use thereof; the 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, the implementation of measures and programs to prevent "kaingin" and managed occupancy
of forest and grazing lands, in collaboration with other bureaus, the effective, efficient and economic classification
of lands of the public domain, and the enforcement of forestry, reforestation, parks, game and wildlife laws, and
rules and regulations.
O R G A N I Z AT I O N A L S T R U C T U R E

As provided for by E.O No. 366, otherwise known as "The Government Rationalization Program, the Forest
Management Bureau (FMB) is headed by Director, FMB, and assisted by Assistant Director. It is composed of the
following divisions, namely: Forest Policy
Planning and Knowledge Management Division (FPPKMD), Forest Forest Conservation Division (FRCD), and
Forest Investment Development Resources Management Division (FRMD), Division (FIDD). Resources
The Director and the Assistant Director shall be appointed by the President No person shall be appointed Director
or Assistant Director of the bureau unless he or she is a natural born citizen of the Philippines, at least 30 years of
age, a holder of at least a Bachelor's Degree in Forestry or its equivalent, and a Registered Forester

As provided for by Section 7, P.D. No. 705, the bureau shall be directly under the control and supervision of the
Secretary. Department of Environment and Natural Resources (DENR), hereinafter referred to as the Department
Head.
DIVISIONS AND REGIONAL OFFICES
As provided for by Section 10, P.D. 705, all positions in the merged agencies are considered vacant. Present
occupants may be appointed in accordance with a staffing pattern or plan or organization to be prepared by the
Director and approved by the Department Head. Any appointee who fails to report for duty in accordance with the
approved plan within thirty (30) days upon receipt of notification shall be deemed to have declined the appointment,
in which case the position may be filed by any other qualified applicant.

The Department Head may, upon recommendation of the Director, reorganize or create such other divisions,
sections or units as may be deemed necessary and to appoint the personnel. Provided, that an employee appointed or
designated as officer-in-charge of a newly created division, section or unit, or to an existing vacant position with a
higher salary, shall receive, from the date of such appointment or designation until he or she is replaced or reverted
to his or her original position, the salary corresponding to the position temporarily held by him or her.

There shall be created at least seventeen regional offices. In each region, there shall be as many forest districts as
may be necessary, in
accordance with the extent of forest area, established workloads, need for forest protection, fire prevention and other
factors, and the provisions of any law to the contrary notwithstanding Provided, that the boundaries of such districts
shall follow, whenever possible, natural boundaries of watersheds under the river-basin concept of management.
MANPOWER POLICY DEVELOPMENT

As provided for by Section 11, P.D. No. 705, the Bureau shall establish and operate an in-service training center
for the purpose of upgrading and training its personnel and new employees. The bureau shall also set aside
adequate funds to enable personnel to obtain specialized education and training in local or foreign colleges or
institutions.

There shall be established in the College of Forestry, University of the Philippines, Los Baños, Laguna, in
coordination with the Department of Environment and Natural Resources (DENR) and the wood industry, a
Forestry Development Center (FDC), which shall conduct basic policy researches in forestry policy formulation
and implementation. To help defray the cost of operating the said center, it is authorized to receive assistance
from the wood industry and other sources. As amended by P.D. No. 1559.
P E R F O R M A N C E E VA L U AT I O N S Y S T E M
As provided for by Section 12, P.D. No. 705, the bureau shall devise a system, to be approved by the Department
Head, to evaluate the performance of its employees. The system shall measure accomplishment in quantity and
quality of performance as related to the funded program of work assigned to each organizational unit. There shall
be included a system of periodic inspection of the regional offices and district offices by the Central Office in both
functional fields and in the overall assessment of how each administrative unit has implemented the laws,
regulations, policies, programs, and practices relevant to such unit. The evaluation system shall provide the

information necessary for annual progress reports and determination of employee training, civil service awards
and transfer, or disciplinary action.
D E PA RT M E N T H E A D ' S P O W E R

As provided for by Section 44, P.D. No. 705, the Department Head may, by himself or herself, or thru the
Director or any qualified person duly designated by the Department Head, investigate, inspect and examine
records, books and other documents relating to the operations of any holder of a license agreement, licensee,
lease, or permit, and its subsidiary or affiliated companies to determine compliance with the terms and conditions
thereof, this code and pertinent laws, policies, rules and regulations.
AUTHORITY OF FOREST OFFICERS

As provided for by Section 45, P.D. No. 705, when in the performance of their official duties, forest officers, or
other government officials or employees duly authorized by the Department Head or Director, shall have free entry
into areas covered by a license agreement, license, lease or permit.

Forest officers are authorized to administer oath and take acknowledgment in official matters connected with the
functions of their office, and to take testimony in official investigations conducted under the authority of this code
and the implementing rules and regulations.
CRIMINAL PROSECUTION
As provided for by Section 53, P.D. 705, as amended by P.D. No. 1559, "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, kangmeros, 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
O F F E N S E S A N D P E N A LT I E S

As provided for by Section 78, P.D. No. 705, any person who shall cut, gather, collect, remove timber or other forest products
from any forestland, or timber from alienable or disposable public land, or from private land, without any authority, or possess
timber or other forest products without the legal documents as required under existing forest laws and regulations, shall be
punished with the penalties imposed under Articles 309 and 310, Revised Penal Code. Provided, that in the case of partnership,
associations, or corporations, the officers who ordered the cutting, gathering, collection or possession shall be liable, and if such
officers are aliens, they shall, in addition to the penalty, be deported without further proceedings on the part of the Bureau of
Immigration and Deportation (BID).

The court shall further order the confiscation in favor of the government of the timber or any forest products cut, gathered,
collected, removed, or possessed, as well as the machinery, equipment, implements and tools illegally used in the area where
the timber or forest products are found. This is amended by P.D. No. 1559, and by E.O. No. 277, promulgated on July 25, 1987,
83 Official Gazette No. 31, August 3, 1987.
As provided for by Section 78-A, P.D. No. 705, as amended by E.O. No. 277, in all cases of violations of this code or other
forest laws, rules and regulations, the Department Head or his or her duly authorized representative, may order the confiscation
of any forest products illegally cut, gathered, removed, or possessed or abandoned, and all conveyances used either by land,
water or air in the commission of the offense and to dispose of the same in accordance with pertinent laws, regulations or
policies on the matter.

As provided for by Section 83, PD. No. 705, the imprisonment for not less than two (2) years nor more than four (4) years.
in addition to the confiscation of the implements used in the violation of this section including the cancellation of
the license, if any, shall be imposed upon any person who shall, without permit to survey from the Director, enter
any forestlands, whether covered by a agreement, lease, license, or permit, or not, and conduct or undertake a
survey for whatever purpose. license

As provided for by Section 86, P.D. No. 705, any person who coerces, influences, abets, or persuades the public
officer or employee referred to in Sections 74 & 75, P.D. No. 705, commits any of the acts mentioned therein
shall suffer imprisonment of not less than one (1) year and to pay a fine of Five Hundred (P500.00) pesos for
every hectare or a fraction thereof so improperly surveyed, classified or released

In all other cases, any person who coerces, influences, abets, or persuades the public officer or employee by usin
g power and influence in deciding any pending matter in his or her favor shall be punished by a fine of not more
than Five Thousand Pesos (P5,000.00) and imprisonment of not less than one (1) year. It is amended by P.D. No.
1559.

As provided for by Section 89, P.D. No. 705, a forest officer or employee of the Bureau or any personnel of the
Philippine
National Police (PNP) shall arrest even without warrant any person who has committed or is committing in his or
her presence any of the offenses defined in this chapter. He or she shall also seize and confiscate, in favor of the
government, the tools and equipment used in committing the offense, and the forest products cut, gathered or
taken by the offender in the process of committing the offense.
The arresting forest officer or employee shall thereafter deliver within six (6) hours from the time of arrest and
seizure, the offender and the confiscated forest products, tools, implements, and equipment, and to refer the
proper complaint with the appropriate official designated by law to conduct preliminary investigation, and
subsequent filing of information to the proper court.
If the arrest and seizure are made in the forest, far from the authorities designated by law to conduct preliminary
investigations, the delivery to, and filing of the complaint with, the latter shall be done within a reasonable time
sufficient to the place of delivery. The seized products, materials and equipment shall be immediately disposed of
in accordance with forestry administrative orders promulgated by the Department Head
The Department Head may deputize any agency, barangay or barrio officials, or any qualified person to protect
the forest and exercise the power
or authority provided for in the preceding paragraph.

Reports and complaints regarding the commission of any of the offenses defined in this chapter, not committed in the
presence of any forest officer or employee, or any personnel of the Philippine National Police (PNP) or any of the
deputized officers or officials, shall be immediately investigated by the forest officer assigned in the area, or any
personnel of the Philippine National Police (PNP), where the offense was allegedly committed, who shall thereupon
receive the evidence supporting the report or complaint.
If there is prima facie evidence to support the complaint or report, the investigating forest officer or members of the
Philippine National Police (PNP) shall file the necessary complaint with the appropriate official authorized by law to
conduct a preliminary investigation of criminal cases and file an information in court. It is amended by P.D. No. 1775.

As provided for by Section 89-A, P.D. No. 705, the Armed Forces of the Philippines (AFP) shall organize a special
force in every region to help enforce the provisions of this act under such rules and regulations as may be agreed upon
by the Secretaries of National Defense and Natural Resources. This is inserted by P.D. No. 1559

As provided for by Section 89-B, P.D. No. 705, in all cases of violations of this code and other forest laws, rules and
regulations where fine is the principal penalty, the Director is hereby authorized to impose administratively the penalty
consisting of the fine. This is inserted by P.D. No. 1559
THANK YOU

Reporters:
Udtohan, kent
Malaon, john amir
Rutor, joesan

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