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PHILIPPINE FOREST FRONTIERS:AN ANALYSIS OF THE 1987 CONSTITUTIONAL PROVISIONS AND THAT OF

PRESIDENTIAL DECREE NO. 705 VIS--VIS

THE DEMAND FOR RAW MATERIALS

A LEGAL RESEARCH PRESENTED TO THE FACULTY OF THE

COLLEGE OF LAWAQUINAS UNIVERSITY OF LEGAZPI

IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE

DEGREE OF BACHELOR OF LAWS

By:

Cardinal, Michelle P.Espares, Adrienne O.

March 2013


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Table of Contents

Table of Contents i

List of Tables iv

List of Graphs iv

Acknowledgement v

Chapter I The Problem and Its Setting

Introduction 1

Statement of the Problem 14

Scope and Delimitation 14

Significance of the Study 15

Definition of Terms 17

Chapter II Review of Related Literature and Studies

Related Literature

A. Foreign Literature 20

B. Local Literature 27

Related Studies 49

Theoretical Paradigm of the Study 53

Theoretical Framework 54

Conceptual Paradigm of the Study 55

Conceptual Framework 56

Chapter III Research Design and Procedure

Research Method 57


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Sources of Data 58

Research Procedure 58

Chapter IV Philippine Forest Frontier 60

Chapter V Summary, Findings, Conclusions, Recommendations

Summary 88

Findings 89

Conclusions 96

Recommendations 98

Appendix

Presidential Decree No. 705 (Revised Forestry Code of the Philippines)


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List of Tables

Table 1. Forest Area in Asia and the Pacific, 1990-2010 25

Table 2. Comparison of 1984 and 1994 Exports of Logs 32

and Wood-Based Products (Value in 000 US Dollars)

Table 3.1. Production of Major Forest Products (2008 Final Report) 34





List of Graphs

Figure 1. State of the Worlds Forests 2011Sub-regional Breakdown 24

Figure 2. Production, Export and Import of Major ForestProducts: 1986-2009 (Volume in thousand cubic meters)

2.1. Log 39

2.2. Lumber 39

2.3. Plywood 40

2.4. Veneer 40

Figure 3. Top Ten Forest-Based Products Exports: 2009 41

Figure 4. Unit Value of Exported Log and Processed Forest 42

Products: 1975-2009


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Acknowledgement

This humble legal research would not have been feasible without the support and guidance of our

mentors and acquaintances in the law school.

It is only fitting therefore to recognize their roles and contributions.

To Atty. Madonna Gay L. Escio for imparting her knowledge to make this research

a more prolific output.

To Prosecutor Dominador Barrameda and Atty. Dane Ani in sharing their time and expertise in order

to make this research a more valuable contribution in the legal field.

To their friends and families for extending their understanding and time so as to allow the researchers

to freely conduct and organize this manuscript.

And most of all, to the Almighty for giving the researchers the strength and wisdom

in the pursuit of this study.

Thank you very much.

To God Be All The Glory.


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Chapter I

THE PROBLEM AND ITS SETTING

Introduction

God created man and knew that he would have certain basic needs,

such as food, clothing, and shelter. God created everything that was needed to

meet those needs. One, God created natural resources. God not only created

natural resources, but He also created man with human energy. God told him to

"have dominion" or rule over the earth (Genesis 1:26). Man was placed in the

garden to cultivate and keep it (Genesis 2:15), which required labor. After the

fall, cultivating the ground required an additional "sweat of [man's] face" (Gen.

3:19).1

Natural Resources are gifts of nature to mankind. They include everything,

from oil to fish in the sea to magnificent scenic vistas.1 Natural resources are

derived from the environment. Some of them are essential for our survival while

most are used for satisfying our wants. Natural resources are materials and

components (something that can be used) that can be found within the

environment. Every man-made product is composed of natural resources (at its

fundamental level). A natural resource may exist as a separate entity such as

fresh water, and air, as well as a living organism such as a fish, or it may exist in

an alternate form which must be processed to obtain the resource such as

metal ores, oil, and most forms of energy.

1http://www.web-books.com/eLibrary/ON/B0/B63/067MB63.html
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Some natural resources can be found everywhere such as sunlight and

air, when this is so the resource is known as an ubiquitous (existing or being

everywhere) resource. However, most resources are not ubiquitous. They only

occur in small sporadic areas; these resources are referred to as localized

resources. There are very few resources that are considered inexhaustible (will

not run out in foreseeable future) - these are solar radiation, geothermal energy,

and air (though access to clean air may not be). The vast majority of resources

are however exhaustible, which means they have a finite quantity, and can be

depleted if managed improperly. Forest resources are within the ambit of the

said avowal. These natural resources are materials, which living organisms can

take from nature for sustaining their life or any components of the natural

environment that can be utilized by man to promote his welfare is considered as

natural resources.2

Recapping the aforesaid notion, part and parcel of the natural resources

are forests. There are two major classifications 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, Section 3 of the 1987 Philippine

Constitution. On the other hand, the second are the production forests. These

2http://en.wikipedia.org/wiki/Natural_resource
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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

Philippine Constitution, they fall under the category of forest or timber lands.

They are part of God's masterpieces as gifts to mankind for comfort and

survival. A forest is a complex ecosystem which is predominantly composed of

trees, shrubs and is usually a closed canopy. They are storehouses of a large

variety of life forms such as plants, mammals, birds, insects and reptiles, etc.

Forests have abundant microorganisms and fungi, which do the important work

of decomposing dead organic matter thereby enriching the soil. Nearly four

billon hectares of forest cover the earth's surface, roughly thirty (30) percent of its

total land area.3

Forest lands include the public forest, the permanent forest or forest

reserves, and forest reservations.4

Specifically, the forest ecosystem has two

components - the non-living (abiotic) and the living (biotic) component.

Climate, soil type are part of the non-living component and the living

component includes plants, animals and other life forms. Plants include the

trees, shrubs, climbers, grasses and herbs in the forest. Depending on the

physical, geographical, climatic and ecological factors, there are different

types of forest like evergreen forest (mainly composed of evergreen tree species

i.e. species having leaves all throughout the year) and deciduous forest (mainly

3http://envis.maharashtra.gov.in/envis_data/files/Forests_.pdf

4Philippine Law on Natural Resources by Narciso Pena as Revised by Judge Ed Vincent S. Albano, 1997 Revised

Edition
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composed of deciduous tree species i.e. species having leaf-fall during

particular months of the year).5

On the practical aspect, we derive more than a good number of benefits

from forests in almost all aspects of our day to day living. From the moment we

eat our breakfast, to our daily routine of reading newspapers, doing household

chores, transacting business matters and a lot more. It is not possible to sum up

the importance of forests in just a few words. Forests impact on our daily lives in

so many ways, even in the midst of a busy, noisy, concrete city centre.6

Forests provide a wide range of economic and social benefits. To

mention some, through employment, value generated from the processing and

trade of forest products, and the investments in the forest sectors are of great

help to improve the livelihood of a certain community in its specific sense and

translate into a bigger perspective by boosting the economic status of the state

in general. Forest lands may be utilized for pasture purposes, which may be

maintained with sufficient grass cover to protect soil, water and other forest

resources.7

As to wildlife, the same may be destroyed, killed, consumed, eaten or

otherwise disposed of, without the necessity of permit, for the protection of life,

health, safety and property and the convenience of the people, subject,


6http://wwf.panda.org/about_our_earth/about_forests/importance/

7Philippine Law on Natural Resources by Narciso Pena as Revised by Judge Ed Vincent S. Albano, 1997 Revised

Edition, p. 179
http://envis.maharashtra.gov.in/envis_data/files/Forests_.pdfhttp://wwf.panda.org/about_our_earth/about_forests/importance/http://wwf.panda.org/about_our_earth/about_forests/importance/http://envis.maharashtra.gov.in/envis_data/files/Forests_.pdf


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however, to such regulations as may be issued by the Director of Forest

Development.8

With respect to scenic areas in forest lands, which are potentially valuable

for recreation and tourism, they shall be developed and protected in order to

attract visitors and meet increasing demands thereof. The construction and

operation of the necessary facilities to accommodate outdoor recreation may

be undertaken by the Bureau.9

As to other special uses of forest lands, the same may be leased for

twenty-five years, renewable for another twenty-five years, or held under permit,

for the establishment of sawmills, lumber yards, timber depots, logging camps,

rights-of-way, or for the construction of sanitaria, bathing establishments, camps,

salt-works, or other beneficial purposes which will not in any way impair the

forest resources therein.10

Economic benefits can usually be valued in monetary terms but the social

functions of forests are more difficult to measure and can vary considerably

among countries, depending on their traditions and level of development. For

example, in developed, post-industrial societies, the benefits of forests for

recreation and amenity values or the maintenance of a rural way of l ife may be

most important, while in developing countries, the area of forests available for

subsistence activities or the number of people employed in the sector may be a

8Ibid.

9Ibid.

10Presidential Decree No. 705, Sections 54, 55, 56, and 57


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better indication of their social value. Given the difficulties of measuring the

social benefits of forests, social functions are often measured in terms of inputs

rather than outputs such as the area or proportion of forests used to provide

various social functions.11

In addition to those already mentioned, forests provide habitats to diverse

animal species, and they also form the source of livelihood for any different

human settlements as well as for governments. They offer watershed protection,

timber and non-timber products, and various recreational options. They prevent

soil erosion, help in maintaining the water cycle, and check global warming by

using carbon dioxide in photosynthesis.12They provide renewable raw materials

and energy, mitigate climate change, improve air quality and to a certain

extent, help alleviate poverty.13

Forest products are used in our daily lives. All the above-mentioned

activities directly or indirectly involve forests, its raw materials and its products.

From fruits, paper and wood furniture from trees to the less obvious by-products

such as medicines, cosmetics, detergents and other personal things, one

cannot discount the fact that forests play a vital role for our comfort and

survival.

With reference with the fundamental concept of supply and demand, in

the fast changing world of today and the rapid increase of the population,

11http://www.greenfacts.org/en/forests/l-2/1-forests-sustainable-assessment.htm#0

12http://wwf.panda.org/about_our_earth/about_forests/importance/

http://www.greenfacts.org/en/forests/l-2/1-forests-sustainable-assessment.htmhttp://wwf.panda.org/about_our_earth/about_forests/importance/http://www.greenfacts.org/en/forests/l-2/1-forests-sustainable-assessment.htmhttp://www.greenfacts.org/en/forests/l-2/1-forests-sustainable-assessment.htmhttp://wwf.panda.org/about_our_earth/about_forests/importance/http://www.greenfacts.org/en/forests/l-2/1-forests-sustainable-assessment.htm


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people have growing needs and wants. An increasing global population needs

more resources but most resources are limited and exploitation has

consequences.14One of the usual sources of raw materials from forest is mainly

logs, timber and other processed wood products. Wood products are primary

used for building houses, furniture, paper and other fixtures. The estimated

projection of consumption of forest products in Asia is 1712622 (thousand CUM)

as of 2010.15The total area of forest land according to the Food and Agriculture

Organization as of 2010 was over 4 billion hectares.16The Food and Agriculture

Organization have taken a study on the state of the worlds forest that there is a

decrease in the total area of forest land especially in the subtropical regions

and in tropical regions including South East Asia. The integration of

environmental laws in countries has helped in the protection of the environment

but also had not eradicated the illegal activities. The demands for natural

resources will expand as a result of both continued economic development and

population growth.17Thus, it can be gleaned therefrom that at present and

more so in the nearby future, the provisions of our environmental laws are not

and will not be adequate in addressing the issues as regards the utilization,

extraction and production of the raw materials from our forests reserves. As the

demand for the raw materials increases, the supply will become meagre, and

the laws will stand scarce on its underlying intentions of securing our forests

14http://www.bbc.co.uk/schools/gcsebitesize/geography/energy_resources/what_resources_rev1.shtml

15http://www.fao.org/docrep/003/X1607E/X1607E13.htm#TopOfPage

16http://www.fao.org/docrep/013/i2000e/i2000e.pdf (state of the worlds forest 2011)

17http://www.gnest.org/journal/Vol1_No3/Vachos.pdf
http://www.bbc.co.uk/schools/gcsebitesize/geography/energy_resources/what_resources_rev1.shtmlhttp://www.fao.org/docrep/003/X1607E/X1607E13.htmhttp://www.fao.org/docrep/013/i2000e/i2000e.pdfhttp://www.gnest.org/journal/Vol1_No3/Vachos.pdfhttp://www.gnest.org/journal/Vol1_No3/Vachos.pdfhttp://www.fao.org/docrep/013/i2000e/i2000e.pdfhttp://www.fao.org/docrep/003/X1607E/X1607E13.htmhttp://www.bbc.co.uk/schools/gcsebitesize/geography/energy_resources/what_resources_rev1.shtml


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environments.20

At the global level, the world's forest resources appear to be doing

relatively fine: changes in most variables are fairly small and the larger changes

indicate more positive than negative trends. However, at the regional and sub-

regional level, this picture changes dramatically revealing considerable

differences, with alarming trends in several tropical subregions.21Perchance, this

is attributable to the diverse needs of the general population and of the local

industries in certain geographical areas, particularly in the Philippines. Though

with variance, they contribute to the larger spectrum on the waning condition

of our forest reserves.

These lead to the query on what are the factors causing and/or

aggravating said deterioration. Over use and irrational use, technological and

industrial growth, population growth and increasing consumption levels are

major factors causing depletion of forest resources. Some other factors are

mining, submergence due to big dams, shifting cultivation, use of forest land for

rehabilitation, agriculture, transport and tourism. The forest wood is used up for

construction, furniture, deriving energy (coal and firewood) and thus, the

increasing demand for timber, energy, paper and paper products has led to

massive forest degradation. Over-utilizing forest resources is an unsustainable

way of using our limited forest resources. As the forest resources are exploited,

20http://www.gnest.org/journal/Vol1_No3/Vachos.pdf

http://www.gnest.org/journal/Vol1_No3/Vachos.pdfhttp://www.greenfacts.org/en/forests/l-2/1-forests-sustainable-assessment.htmhttp://www.greenfacts.org/en/forests/l-2/1-forests-sustainable-assessment.htmhttp://www.gnest.org/journal/Vol1_No3/Vachos.pdf


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the forest canopy is opened up, the ecosystem is degraded, and its wildlife is

seriously threatened.22If this is the current state, then, it could be fitting to dwell

on examining the provisions of our local environmental laws, for despite their

passage and application, still, the situation has even worsen throughout time.

Are they addressing effectively the concerns, or their provisions are in conflict

with the human needs and wants, which explain why we have depleting forest

resources in the Philippines.

Interactions between human society and the environment are constantly

changing, and likewise that of our environmental laws. The environment, while

highly valued by most, is used and altered by a wide variety of people with

many different interests and values. Difficulties remain on how best to ensure the

protection of our environment and natural resources. There will always be trade-

offs and, many times, unanticipated or unintended consequences. However, a

well-managed environment can provide goods and services that are both

essential for our well-being as well as for continued economic prosperity.23

The year 2011 has been designated as 'The International Year of Forests'

by the United Nations General Assembly. This builds on momentum already

generated in other international arenas, such as those related to climate

change and biodiversity, to bring even greater attention to forests worldwide.24

Our environment has become one of the most important issues of our time and


23http://www.enviroliteracy.org/category.php/5.html

24Global Forest Resources Assessment 2010 - Main Report (FAO, 2010a)
http://envis.maharashtra.gov.in/envis_data/files/Forests_.pdfhttp://www.enviroliteracy.org/category.php/5.htmlhttp://www.enviroliteracy.org/category.php/5.htmlhttp://envis.maharashtra.gov.in/envis_data/files/Forests_.pdf


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will continue to be well into the future. The challenge is to find approaches to

environmental management that give people the quality of life they seek while

protecting the environmental systems that are also the foundations of our well-

being.25One of the ways on how to efficiently address such issue is by pinning

down the conflicting provisions of our environmental laws vis-a-vis the human

needs and wants at the present background.

In the local setting, the forestlands of the Philippines occupy about fifty-

three (53) percent of the total land area of the country. The forestry situation in

the Philippines has been shaped and continues to be shaped by a number of

forces. Probably the combination of forces that had tremendous impact on the

forestry sector is rapid population growth and destructive logging. The economy

is also a driver of change. Since the middle of the 1990s the economy of the

Philippines has been improving. This was brought about by the strides in

industrialization wherein foreign investors established factories and

manufacturing facilities in the country. The improved economic condition of

some families allowed them time for recreation. They also became aware of the

health benefits of forests and made demands for recreational services. This also

resulted in the establishment by the government of mini-parks especially in

urban areas, the planting of green zones in government and school grounds

and other spaces.26

25http://www.enviroliteracy.org/category.php/5.html

26Asia-Pacific Forestry Sector Outlook Study II by Forest Management Bureau, 2009
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provide limits on how the populace could utilize the extraction of raw materials

from our natural resources. Such considerations tend to rationalize this legal

undertaking to provide a significant analysis on how the provisions of the above-

mentioned statutes are in conflict with the present needs and demands of the

people, and more importantly, on how we could help preserve our forests

amidst the increasing utilization and production of its raw materials.

Statement of the Problem

This study aimed to provide an in-depth analysis of the constitutional

provisions and that of P.D. 705, and the need to balance the supply of natural

resources and the demands of the populace for raw materials.

Specifically, the study aimed to answer the following questions, to wit:

1. In what ways do the provisions of the 1987 Philippine Constitution and

the provisions of Presidential Decree No. 705 are in conflict with the

human needs and wants at present?

2. How can the provisions of the 1987 Philippine Constitution and that of

Presidential Decree No. 705 be efficiently employed in relation to the

increasing demand and utilization of raw materials from forest lands?

3. What is the extent of compliance with the provisions of the 1987

Philippine Constitution and the provisions of Presidential Decree No.

705 as observed on the decided cases by the Court?


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Scope and Delimitation

This study focused on the provisions of the 1987 Philippine Constitution and

the provisions of Presidential Decree No. 705 otherwise known as the Revised

Forestry Code of the Philippines. As regards the provisions of the 1987 Philippine

Constitution, this legal undertaking will focus its scope on the provisions dealing

with the natural resources enshrined therein which have in one way or another,

relevance and impact on our forest resources. On the other hand, with regard

to the provisions of Presidential Decree No. 705, the focus will only be in relation

to forests as one of the natural resources, dealing with its provisions concerning

its utilization and management such as in relation, inter alia, with the grant of

timber license agreements, wood processing, and reforestation.

The cases that are included deals primarily on the infractions of the

constitutional provisions and of P.D. 705, the decisions of the Court in addressing

said infractions, leading to the understanding on the extent of compliance by

the authorities and violators with the various provisions therein which tackle the

environment particularly our forest reserves.

Significance of the Study

This study wishes to provide relevant information to the following:

Students. To provide information with regard to their constitutional right to

have the right to a balanced and healthy ecology and to provide them, if not


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increase, awareness of the existing laws that protect our forests and the

regulations as regards the utilization and production of raw materials and forest

products derived therefrom.

Government authorities. The study wishes to provide up-to-date relevant

information on how environmental concerns are being addressed by the

constitutional provisions and that of P.D 705, as two of the leading laws enacted

for our forest resources, to aid them in their approach in improving the areas of

concerns regarding our natural resources.

Advocates for the protection of the environment. The study wishes to

provide germane information to boost their awareness on the present setting of

our forests, as well as the provisions of the laws which are deemed in conflict

with the increasing demands and needs of the people, in order for them to

adapt their programs and activities to the situation so that they can properly

address their advocacies.

Businessmen/Entrepreneurs. To present to them a wider portrait on the

impact of the rapid utilization of raw materials from our forest resources, in order

for them to re-assess their strategies and platforms in maintaining their businesses

vis--vis on schemes and programs on how to protect and conserve our forests.

Lawmakers and implementors. To provide an overview and relevant

information for future legislation and appropriate modifications as regards the

conflicting provisions of our existing laws with that of the present setting for

efficient forest management and protection.


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Definition of Terms

1. Ecosystem- A community of living organisms interacting with each other

and with their physical environment.29

2. Forest- Land with an area of more than 0.5 hectare and tree crown cover

(or equivalent stocking level) of more than 10%. The trees should be able

to reach a minimum height of 5 meters at maturity in situ. It consist either

of closed forest formations where trees of various storeys and undergrowth

cover a high proportion of the ground or open formations with a

continuous vegetation cover in which tree crown cover exceeds 10%.

Young natural stands and all plantations established for forestry purposes,

which have yet to reach a crown density of more than 10% or tree height

of 5 meters are included under forest.30

3. Forest Degradation- Changes within the forest whether natural or human-

induced which negatively affect the structure of function of the stand or

site, and thereby lower the capacity to supply products and/or services

resulting to a degraded forest.31

4. Forest land - Includes public forest, permanent forest or forest reserves,

and forest reservations.32

29USDA Forestry Service. Available: http:// www.fs.fed.us30

FAO. 2000. Global Forest Resource Assessment 2000. Rome31DENR Forest Management Bureau. Harmonization Project. Land Use Group. 200432PD 1559. Further Amending PD 705,otherwise known as The Revised Forestry Code of the Philippines. 1978


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5. Forestry - The profession embracing the science, art and practice of

creating, managing, using and conserving forests and associated

resources for human benefit in a sustainable manner to meet desired

goals, needs and values.33

6. Land - Resources both man-made and natural, found on the surface,

below, and above the ground including inland waters and the air

therein.34

7. Lease - A privilege granted by the state to a person to occupy and

possess, in consideration of a specified rental, any forest land of the public

domain in order to undertake any authorized activity therein.35

8. Reforestation - The establishment of forest plantations on temporarily

unstock lands that are considered as forest. Also called as artificial

regeneration.36

9. Timber License Agreement - A long-term license executed by and

between the Secretary of the DENR, on behalf of the government, and

the grantee for the harvesting and removal from the public forest of

timber and, in appropriate cases, also of other forest products.37

33Helms, J. A. 1998. The Dictionary of Forestry. Society of American Foresters

34Alvarez, H.. House Bill No. 170. An Act Providing for the National Land Use Code of the Philippines and for

Other Purposes. 199835

PD 705 Revising PD 389, Otherwise Known as The Revised Forestry Code of the Philippines. 197536

FAO. 2001. Global Forest Resources Assessment 2000. Main Report. FAO Forestry Paper No. 140. Rome37

DENR Forest Management Bureau. 1977. Philippine Forestry Statistics. Manila


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Chapter II

REVIEW OF RELATED LITERATURE AND STUDIES

This chapter presents the review of literature and studies which have

relevance and bearing to this legal undertaking. It also provides insights on the

course of the study and on how it will be made. A synthesis of the state-of-the-

art and gaps to be bridged by the study dovetail the reviews. This chapter

likewise contains the theoretical and conceptual framework and paradigm,

respectively, as well as the definition of terms.

Related Literature

A. Foreign Literature

The Environmental law is a complex and interlocking body of treaties

(conventions),statutes,regulations,andcommon lawthat operates to regulate

the interaction of humanity and thenatural environment,toward the purpose of

reducing the impacts of human activity.38

The topic may be divided into two major subjects: pollution control and

remediation,and resource conservation and management. Laws dealing with

pollution are often media-limitedi.e., pertain only to a single environmental

medium, such as air, water (whether surface water, groundwater or oceans),

soil, etc.and control both emissions of pollutants into the medium, as well as

liability for exceeding permitted emissions and responsibility for clean-up. Laws

38http://en.wikipedia.org/wiki/Environmental_law
http://en.wikipedia.org/wiki/Treatyhttp://en.wikipedia.org/wiki/Treatyhttp://en.wikipedia.org/wiki/Statutehttp://en.wikipedia.org/wiki/Statutehttp://en.wikipedia.org/wiki/Statutehttp://en.wikipedia.org/wiki/Regulationhttp://en.wikipedia.org/wiki/Regulationhttp://en.wikipedia.org/wiki/Regulationhttp://en.wikipedia.org/wiki/Common_lawhttp://en.wikipedia.org/wiki/Common_lawhttp://en.wikipedia.org/wiki/Common_lawhttp://en.wikipedia.org/wiki/Natural_environmenthttp://en.wikipedia.org/wiki/Natural_environmenthttp://en.wikipedia.org/wiki/Natural_environmenthttp://en.wikipedia.org/wiki/Pollutionhttp://en.wikipedia.org/wiki/Pollutionhttp://en.wikipedia.org/wiki/Environmental_remediationhttp://en.wikipedia.org/wiki/Environmental_remediationhttp://en.wikipedia.org/wiki/Environmental_remediationhttp://en.wikipedia.org/wiki/Pollutionhttp://en.wikipedia.org/wiki/Natural_environmenthttp://en.wikipedia.org/wiki/Common_lawhttp://en.wikipedia.org/wiki/Regulationhttp://en.wikipedia.org/wiki/Statutehttp://en.wikipedia.org/wiki/Treaty


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regarding resource conservation and management generally focus on a single

resource, e.g., natural resources such as forests, mineral deposits or animal

species, or more intangible resources such as especially scenic areas or sites of

high archaeological value, and provide guidelines for and limitations on the

conservation, disturbance and use of those resources. These areas are not

mutually exclusivefor example, laws governing water pollution in lakes and

rivers may also conserve the recreational value of such water bodies.

Furthermore, many laws that are not exclusively "environmental" nonetheless

include significant environmental components and integrate environmental

policy decisions. Municipal, state and national laws regarding development,

land useandinfrastructureare examples.39

The study conducted by the Food and Agriculture Organization of the

United Nations entitled State of the Worlds Forests 2011, drew attention to four

key areas that warrant greater attention during the International Year of Forests

and beyond, to wit:

a. regional trends on forest resources;

b. the development of sustainable forest industries;

c. climate change of adaptation and mitigation; and

d. the local value of forests.

Chapter 1 of the said study presents the state of forest resources in a

regional analysis. According to the Global Forest Resources Assessment 2010 -

39Ibid.
http://en.wikipedia.org/wiki/Natural_resourceshttp://en.wikipedia.org/wiki/Natural_resourceshttp://en.wikipedia.org/wiki/Foresthttp://en.wikipedia.org/wiki/Foresthttp://en.wikipedia.org/wiki/Orehttp://en.wikipedia.org/wiki/Orehttp://en.wikipedia.org/wiki/Land_usehttp://en.wikipedia.org/wiki/Land_usehttp://en.wikipedia.org/wiki/Infrastructurehttp://en.wikipedia.org/wiki/Infrastructurehttp://en.wikipedia.org/wiki/Infrastructurehttp://en.wikipedia.org/wiki/Infrastructurehttp://en.wikipedia.org/wiki/Land_usehttp://en.wikipedia.org/wiki/Orehttp://en.wikipedia.org/wiki/Foresthttp://en.wikipedia.org/wiki/Natural_resources


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Main Report (FAO, 2010a), which was released in October 2010, the overall rate

of deforestation remained alarmingly high, although the rate was slowing. Major

trends in the extent of forests, and changes in the rates of forest loss, as well as

the current state of productive and protective forests, show disparities between

the six regions, namely: Africa, Asia and the Pacific, Europe, Latin America and

the Caribbean, the Near East and North America. The highest forest area

worldwide was found in Europe, primarily because of the vast swaths of forest in

the Russian Federation, while Latin America and the Caribbean had the highest

net forest loss over the last decade.

According to the discussion found in Chapter II of the said study, over the

last decade, there has been little analysis of what constitutes a 'sustainable

forest industry' and the drivers that affect this sustainability. Of the factors

identified for the said report, increasing population and economic growth,

expansion of markets, and social trends related to social and environmental

performance were found to be the most important drivers for the sustainability

of the industry. Furthermore, over the last few years, forestry has become a

critical part of the international climate change agenda.40

Since 1946, FAO in cooperation with its member countries has assessed

the world's forests resources at five to ten year intervals. These global

assessments provide valuable information to policy-makers at the national and

international levels, members of the public and other groups and organizations

40Ibid, p.13


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interested in forestry. The Global Forest Resources Assessment 2010 (FRA 2010) is

the most comprehensive assessment to date. It examined the current status and

trends for more than ninety variables related to the extent, condition, uses and

values of all types of forests in two hundred thirty-three countries and areas for

four points in time: 1990, 2000, 2005 and 2010. According to FRA 2010, the world's

total forest area was just over four billion hectares, corresponding to thirty-one

(31) percent of the total land area or an average of 0.6 ha per capita. The five

most forest-rich countries (the Russian Federation, Brazil, Canada, the United

States of America and China) accounted for more than half of the total forest

area. Ten countries or areas had no forest at all and an additional fifty-four had

forest on less than ten (10) percent of their total land area. A key message from

FRA 2010 was that, while the rate of deforestation and loss of forest from natural

causes was still alarmingly high, it was slowing down.41

Figure 1. State of the Worlds Forests 2011 Sub-regional Breakdown(Based on the Records of the Food and Agriculture Organization of the United Nations)

41Ibid, p.16


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In Asia and the Pacific, where Philippines is one of the countries therein,

forests cover slightly less than one-third of the total land area of the Asia and the

Pacific region. Based on estimates for FRA 2010, the region's forested area was

740 million hectares in 2010, accounting for about 18 percent of the global

forest area.42

Table 1. Forest Area in Asia and the Pacific, 1990-2010

42http://www.fao.org/docrep/013/i2000e/i2000e.pdf


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(Based on the Records of the Food and Agriculture Organization of the United Nations)

Despite the net increase in forest area reported at the regional level,

deforestation continued at high rates in many countries, including the

Philippines. Southeast Asia experienced the largest decline in forest area in the

region in the last ten years, with an annual net loss of forests of more than 0.9

million hectares.43

The current state of forest areas around the world have been different, in

European countries and in Africa there was an increase in forest areas while the

extent of forests in Asia and the Pacific has changed dramatically over the past

two decades. In the 1990s, the region experienced a net forest loss of 0.7 million

hectares per year, while in the last decade the forest area increased by an

average of 1.4 million hectares per year. The planted forest area also

substantially increased through afforestation programmes, mainly as a result of

programmes in China, India and Viet Nam.

The area of primary forests decreased in all Asia and the Pacific sub-

regions in the last decade, despite the fact that the area designated for

43Ibid, p.8


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conservation of biodiversity increased in the same period. Mixed trends were

observed in the sub-regions in the extent to which forests were set aside for soil

and water protection.44

According to FAO the implementation of Forestry law requires initiative

and cooperation with the government to address illegality in the forest sector.

Strategies to address illegal forest activities must be specific to each country if

they are to respond to particular needs. While it is not desirable or even possible

to develop policy, legal and institutional schemes that can be applied across

the board to improve forest law compliance, efforts in the following areas can

yield positive results:

1. making forest laws and policies rational, equitable, transparent

and streamlined;

2. improving forest monitoring and information gathering;

3. strengthening national institutional capacities to enforce laws;

4. formulating policies in the forest and other sectors that take into

account the economic and social dynamics that underlie illegal

logging.45

B. Local Literature

The 1987 Philippine Constitution, as the fundamental law of the land, is

founded upon certain fundamental principles of government which have

44State of the Worlds Forests 2011. FAO45http://www.fao.org/forestry/law/en/
http://www.fao.org/forestry/law/en/http://www.fao.org/forestry/law/en/http://www.fao.org/forestry/law/en/http://www.fao.org/forestry/law/en/


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become part and parcel of our cherished democratic heritage as a people 46

exists to afford protection to every right that a Filipino citizen has. One of the

rights being protected therein is enshrined in Section 16 which states that The

State shall protect and advance the right of the people to a balanced and

healthful ecology in accord with the rhythm and harmony of nature. It takes

cognizance of the continuing degradation of the Philippine environment which

has become a matter of national concern.47This serves as one of the basis for

the pursuit of this study.

The Regalian Doctrine, the universal feudal theory that all lands were

held from the crown is adopted by the 1987 Constitution but ownership is

vested in the state rather than the head thereof.48 The said doctrine can be

found in Article 12, Section 2 which states that 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, fauna, and other natural

resources are owned by the state xxx.49However, the doctrine is not absolute it

has limitations and such limitations can also be found in the same constitutional

provision. The following are the limitations:

1. Only agricultural land of public domain may be alienated;

2. The exploration, development, and utilization of all natural resources shall

be under the full control and supervision of the state. Either by directly

46Textbook on the Philippine Constitution, Hector S. de Leon, 200547Ibid, p.6448Lee Hong Hok vs. David, l-30389, December 27, 197249Section 2, Article 12 of the 1987 Constitution


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undertaking such exploration, development, and utilization or through co-

production, joint venture, or production-sharing agreements with qualified

persons or corporations;

3. All agreements with the qualified private sector may be for only a period

of twenty five years renewable for another 25 years. However the 25 year

limit is not applicable to water rights for irrigation, water supply, fisheries or

industrial uses other than the development of water power for which

beneficial use may be the measure and the limit of the grant;

4. The use and enjoyment of the marine wealth of the archipelagic waters,

territorial seas and exclusive economic zone shall be reserved for Filipino

citizen;

5. Utilization of natural resources in rivers, lakes, bays and lagoons may be

allowed on a small scale to Filipino citizens or cooperatives with priority

for subsistence to fishermen and fish workers.50

The co-production, joint-venture, or production-sharing agreements as

modes of exploration, development and utilization of inalienable lands

effectively excludes the lease system with respect to mineral and forestlands.

The qualifications of persons, corporations or associations who may enter

or take part in the exploration, development and utilization of the natural

resources are Filipino citizens, and corporations or associations which has at least

60% of capital is owned by Filipino citizen. However as to marine wealth only

50Bernas, Philippine Constitution, Review Primer,. 4thed. 2002


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Filipino Citizens are qualified, also with respect to natural resources in rivers, bays,

lakes, lagoons but with allowance for cooperatives.51

In reading and analyzing Section 2 of Article 12 of the 1987 Constitution it

can be understood that the State is being protective of our natural resources.

Thus it can be clearly seen in the wording of the provision itself that exploration,

development and utilization of natural resources shall be under the full control

and supervision of the state.

In the same article, Section 4 thereof also provides a specific provision

with regard to forest lands and national parks. Section 4 states that the

Congress shall as soon as possible determine by law the specific limits of forest

lands and national parks marking clearly their boundaries on the ground.

Thereof such forest lands and national parks shall be conserved and may not be

increased nor diminished, except by law. The Congress shall provide for such

period as it may determine measures to prohibit logging in endangered forests

and watershed. Presidential Decree No. 705 is a law that adheres to the

mandate of the Constitution with regard to forestland and includes products

derived thereof.

The country's forest industry reached its peak in the 1960s and early 1970s.

Based primarily on the export of logs and lumber, about $212 million worth of

these products were exported in 1967, accounting for about 32% of the export

earnings of the ten principal export earners, although the value of forest

51Ibid.


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products exports rose to $ 339 million in 1973, their share declined to only 24% of

the ten principal exports. 52

The Government's log and lumber export ban (1986 and 1989,

respectively) attempted to stop illegal cutting and export of timber while also

strengthening the national wood processing industry to increase foreign

exchange receipts through export of value-added products.

The forestry sector remains the principal supplier of the country's wood-

based industries. During 1994, however, log imports (404, 065 cu.m) accounted

for nearly 42% of legitimate domestic production. On the other hand, lumber

imports (298, 363 cu.m), accounted for 73% of local production.53

Lumber and plywood remains to be the main wood products in the

country in terms of demand. In 1994, it was estimated that the domestic

demand for lumber was 990 thousand cu.m while that of plywood was 232

thousand cu.m. The most important consumer is the construction industry

absorbing about 86% of total lumber and 92% of total plywood domestic

consumption. The demand for lumber is expected to grow at an overall rate of

3.5% per annum achieving a predicated consumption of 1.17 million cu.m in

year 2000. On the other hand, domestic consumption of plywood is predicted to

increase by 32% to 306 thousand cu.m from its 1994 level. The 1994 log

production was reported equal to 957 thousand cubic meters.54

52http://www.fao.org/docrep/w7740e/w7740e03.htm

53Ibid.54Ibid.
http://www.fao.org/docrep/w7740e/w7740e03.htmhttp://www.fao.org/docrep/w7740e/w7740e03.htm


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Table 2- Comparison of 1984 and 1994 Exports of Logs and

Wood-based Products (Value in '000 US Dollars)55

Products Unit1984 1994

Volume Value Volume Value

1. Logs '000cu.m

996 93,729 4 202

2. Lumber '000cu.m

540 106,970 37 6,116

3. Veneer '000cu.m

71 14,069 30 11,891

4. Plywood '000cu.m

290 57,314 4 2,101

5. Plywood and Veneered Panel and Semi-LaminatedWood

'000cu.m

9 1,876 6 2,300

6. Particleboard '000 kg. 3,319 2,535

7. Paper and Paperboard '000 kg. 1,294 930 12,530 33,233

8. Wood-based Manufactured Articles 52,339 130,049

9. Forest-based Furniture '000 pcs. 4,461 188,60610. Selected Forest Based Furniture '000 pcs. 2,387 91,552

Total Value 327,227 468,585

55Ibid.


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The table above shows the decline in the export volumes of certain raw

materials from the period of 1984 and that of 1994. The decline is attributed to

the decreasing pool of our forests during the mentioned periods. This is despite

the adoption of the 1987 Constitution and of Presidential Decree No. 705.

The series of tables below show the volume of productions of major forest

raw materials namely log, lumber, veneer and plywood products from 2008 up

to June 2012. The figures therein have their correlation with the level of demand

of the populace for raw materials.56

56Bureau of Forest Management


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Table 3.1(Based on the Records of the Forest Management Bureau of the DENR)


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Figures 1.1 to 1.4 show the volume of production of certain raw materials

from the forests, the volume of exports and imports as well, covering the periods

from 1986 up to 2009.57

Production, Export and Import of Major Forest Products: 1986-2009(Volume in thousand cubic meters)



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(Based on the Records of the Forest Management Bureau of the DENR)

Figure 2.1

Figure 2.2

Figure 2.3

0

500

1000

1500

2000

2500

3000

3500

4000

4500

198

6

198

8

199

0

199

2

199

4

199

6

199

8

200

0

200

2

200

4

200

6

200

8

VOLUME

YEAR

LOG

Production Export Import

0

200

400

600

800

1000

1200

1400

1986

1988

1990

1992

1994

1996

1998

2000

2002

2004

2006

2008

VOLUME

Year

LUMBER



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Figure 2.4

The top ten forest-based products exports in 2009 are shown in the figure

below.

0

100

200

300

400

500

600

1986

1988

1990

1992

1994

1996

1998

2000

2002

2004

2006

2008

VOLUME

YEAR

PLYWOOD


0

50

100

150

200

250

1986

1988

1990

1992

1994

1996

1998

2000

2002

2004

2006

2008

VOLUME

YEAR

VENEER



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Figure 3. Top Ten Forest-Based Products Exports: 2009(Based on the Records of the Forest Management Bureau of the DENR)

On the other hand, the figure below shows the unit value of exported logs

and processed forest products covering the period from 1975 up to 2009.58

Figure 4. Unit Value of Exported Log andProcessed Forest Products: 1975-2009

(Based on the Records of the Forest Management Bureau of the DENR)



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Conversely important, forest, as the pivotal concern of this study is

considered a broad term by some authorities. It accepts various connotations

depending on how it applies. The lexicographers define forest as a large

tract of land covered with a natural growth of trees and underbrush; a large

wood. The authorities say that the word forest has a significant, not an

insignificant meaning, and that it does not embrace land only partly woodland.

It is a tract of land covered with trees, usually of considerable extent. The

foresters say that no legal definition of forest is practicable or useful. B.H.

Baden-Powell, in his work on Forest Law of India, states as follows: Every

definition of a forest that can be framed for legal purposes will be found either

to exclude some cases to which the law ought to apply, or on the other hand,

to include some with which the law ought not to interfere.59

59Ramos v. Director of Lands, G.R. No. 13298, November 19, 1918, 39 Phil. 175


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There is a big difference between forest as defined in a dictionary and

forest or timber land as a classification of lands of the public domain in the

Constitution. (Section 3, Article XII of the 1987 Constitution, Section 10, Article XIV

of the 1973 Constitution, as amended; and Section 1, Article XIII of the 1935

Constitution). One is descriptive of what appears on the land while the other is a

legal status, a classification for legal purposes.60

As expounded by the Court in a case, a forested 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. Parcels of land

classified as forest land may actually be covered with grass or planted to crops

by kaingin cultivators or other farmers. Forest lands do not have to be on

mountains or in out of the way places.61

Within the executive branch of the government, the Department of

Environment and Natural Resources provides the institutional mechanism for the

implementation of state policy on the development and utilization of natural

resources. Congress grants DENR the authority to promulgate appropriate rules

and regulations that translate the generalities of law into concrete terms to

promote a more effective implementation of forest-related legislation.62

Within the enactment of the Local Government Code, R.A. 7160 in 1991,

certain DENR responsibilities were devolved to local government units. The code

60Republic v. Court of Appeals and Carantes, G.R. No. L-56984, September 30, 1987, 154 SCRA 476

61Heirs of Amunategui v. Director of Forestry, G.R. No. L-127873, November 29, 1983, 126 SCRA 69

62Magallona and Malayang III, 2001, Phulin


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empowers LGUs to enforce forestry laws and engage in community-based and

social forestry programmes.

Traditionally, the role of the private sector in forestry has been primarily

confined to the development of forestry and wood processing technologies to

generate jobs, capital and timber-based products.63With the evolving political

and economic situation, however, the wood industry has become increasingly

involved in the promotion and advocacy of policy that benefits the industry's

interests. During the initial conception of community-based forest management

(CBFM), there was considerable resistance from the wood industry in permitting

local communities to utilize timber on a commercial scale. However, along with

strengthening government support for CBFM, members of the private sector

have increasingly accommodated the CBFM approach within the country's

strategy for sustainable forest management.

The law governing the management and utilization of forest lands is

Presidential Decree No. 705, otherwise known as the Revised Forestry Code of

the Philippines. Issued on May 19, 1975, it repeals Presidential Decree No. 389 or

the Forestry Reform Code, CA No. 452 or the Pasture Land Act, and all other

laws, orders, rules and regulations or any part thereof which are inconsistent

therewith. The law places emphasis not only on the utilization of forest resources

but more so on the protection, rehabilitation and development of forest lands, in

order to ensure the continuity of their productive condition. It institutes the

63Korten 1992


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proper classification and delimitation of the lands of the public domain, and the

management, utilization, protection, rehabilitation, and development of forest

lands.64

For the purpose of implementing the provisions of the Revised Forestry

Code, the Bureau of Forestry, the Forestation Administration, the Southern Cebu

Forestation Development Project, and the Parks and Wildlife Office were

merged into a single agency known as the Bureau of Forest Development, with

jurisdiction and authority over all forest lands, grazing lands, and all forest

reservations including watershed reservations as previously administered by

other government agencies or instrumentalities.

This Bureau, which shall be under the control and supervision of the

Secretary of Environment and Natural Resources, is held responsible for the

protection, development, management, regeneration, and reforestation of

lands, the regulation and supervision of the operation of licensees, lessees and

permits for the taking or use of forest products therefrom or the occupancy or

use thereof; the implementation of multiple uses 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

64Law on Natural Resources by Justice Oswaldo D. Agcaoili, 2007, p.81


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enforcement of forest reforestation, parks, game and wildlife laws, rules and

regulations. But as the records show, President Decree No. 705 was enacted

way back in 1975. From the said period of time up to the current setting, several

changes have already occurred. The present developments in terms of

technology and industries are farfetched as compared to that in 1975. More so,

reference with the forest conditions then, perhaps much better as compared

today, leads us to the proposition that the provisions of P.D. 705 must now adapt

and be reinvented to fit and efficiently address the contemporary situation of

our forest reserves. The demands of the populace has changed and increased

to a considerable extent as the time went by. Worthy to mention also is the

statistical increase in the population.

As a side point, it is the Secretary of Environment and Natural Resources,

upon recommendation of the Director, promulgates the rules and regulations

necessary to implement effectively the provisions of the Revised Forestry Code.65

Under the Revised Forestry Code of the Philippines, certain grants or

privileges may be made available to qualified persons by means of lease,

license, license agreement or permit.

Lease is a privilege granted by the State to a person to occupy and

possess, in consideration of a specified rental, any forest land of the public

domain in order to undertake any authorized activity therein.

License is a privilege granted by the State to a person to utilize forest

65Presidential Decree No. 705, Sections 4, 5, 7, and 9


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li

Articles 309 and 310 of the Revised Penal Code, subject to deportation if the

offender is an alien. Unlawful occupation or destruction of forest lands, including

the making of kainginfor private use, without authority, is penalized by fine and

imprisonment, aside from liability for ten times the rental fees and other charges,

or eight times the legal charges due in case of kainginviolation. Other violations

include destruction of wildlife resources; survey by unauthorized persons;

misclassification and survey by government official or employee; permitting tax

declaration on real property unless the area declared for taxation is alienable

and disposable lands, or titled, or occupied by national cultural minorities;

coercion and influence upon public officer or employee; unlawful possession of

implements and devices used by forest officers; failure to pay forest charges or

to collector remit the same; sale of wood products without having complied

with the grading rules established by the government.67

Related Studies

The Nepal Forestry Outlook Study (Nepal Forestry Outlook Study by Ministry

of Forests and Soil Conservation Singha Durbar, Kathmandu, Nepal (Food and

Agriculture Organization of the United Nations Regional Office for Asia and the

Pacific, 2009) analyzed the current status of forest and forestry of Nepal,

identified key drivers of change, developed probable scenarios for the future,

provided strategies and priorities to reform the forestry sector and revealed the

67Presidential Decree No. 705, the Revised Forestry Code of the Philippines


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outlook for 2020. The same objectives were also sought by the Philippine Forestry

Outlook Study (Philippines Forestry Outlook Study by Forest Management Bureau

(Food and Agriculture Organization of the United Nations Regional Office for

Asia and the Pacific, 2009). The issues that were examined were forest cover

and changes in forest cover, supply and demand (including exports and

imports) for timber and NWFPs, biodiversity conservation and protected area

management, wood as an energy source, service and social functions of

forests, forest policies and institutional framework in forest management.

On the other hand, the Cambodia Forestry Outlook Study (Cambodia

Forestry Outlook Study by The Forestry Administration, Phnom Penh (Food and

Agriculture Organization of the United Nations Regional Office for Asia and the

Pacific, 2010) focused on looking for better understanding on how the future

and forestry is unfolding in Cambodia and in the Asia-Pacific region for the

coming decades. The questions answered were on what would the Cambodian

forest likely be in 2020 and if the forest be managed for the purpose of timber

production, biodiversity conservation, or forestland conversion for other

economic, national and local development.

The study entitled 'Meeting China's Demand for Forest Products: An

Overview of Import Trends, Ports of Entry, and Supplying Countries, with Emphasis

on the Asia-Pacific Region,' (Meeting China's Demand for Forest Products: An

Overview of Import Trends, Ports of Entry, and Supplying Countries, with Emphasis

on the Asia-Pacific Region by Xiufang Sun, Eugenia Katsigris, Andy White)


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analyzed the trends of China's forest product imports by both product segment

and ports of entry, as well as for each of the main Asia-Pacific countries

supplying China.

Historical accounts of forest use in the Philippines reveal how massive

deforestation has depleted the once lush tropical rainforests of the country. A

century of plunder of the forest resource can be traced to factors such as

conversion of forest to agricultural land, commercial logging and the pressures

of population growth.68 However, "one important thread... that [runs] through

most of these realities [is] power politics: the influence of political power and

vested interests on forest management policies and decisions as well as on their

implementation."69

In order to address the decline of the forest resource, policy reform has

been instituted, as has a shift in the direction of forest management, particularly

since the end of dictatorial rule under Marcos.70

The paper of Pulhin entitled "Trends in Forest Policy of the Philippines,"

traces the evolution of forest policy in the Philippines from the period of Spanish

rule up to the present day. It highlights the trend from the highly regulatory,

centrally controlled and industry-based forest policy that was characteristic of

the colonial period up until the end of the 1970s, towards a more decentralized,

participatory and people-oriented approach that has typified the direction of

68Kummer 1992; Cruz 200069Vitug 200070Pulhin 1997; Sabban 1997


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policy implemented over the last two decades. It also discusses the different

actors involved in policy-making and their roles in determining the course of

current forest policy. A brief analysis of the current issues pertinent to forest

policy in the Philippines, especially those that relate to participatory forestry, is

also presented. The paper concludes by pointing out that reform in the policy

process has to be accompanied by a corresponding shift in power if forest

policies are to be more responsive to the needs of the local people whose lives

are dependent on the forest for survival.

A historical analysis of the development of forest policy in the Philippines

highlights the trend from a highly regulatory, centrally controlled and industry-

based forest policy characteristic of the colonial period, towards a more

decentralized, participatory and people-oriented approach that has typified

the direction of policy over the last two decades. A number of different

stakeholders have played a crucial role at various levels in formulating policy

that has placed increasing emphasis on community involvement in forest

management.


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Theoretical Paradigm of the Study


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SUPPLY D


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Theoretical Framework

This study will anchor on one of the fundamental concepts in economics

which is the Law of Supply and Demand. However, modifications are fitting in

order to suit the topic being focused by this study. Due to the increasing

demand of the populace for raw materials which are needed for construction

and day to day living, it has a correlative diminishing effect on the availability of

our forest resources. Thus, as the demand goes high, the supply diminishes

considering that our forests are limited in nature. To this end that the law serves

its purpose. To balance the need and extraction of raw materials and the

availability of forests as its primary resource, the law needs to be implemented

according to its objectives. The environmental laws specifically covered by this

undertaking must be adaptive and not be in conflict with the increasing

demands for raw materials from our forest reserves; otherwise, its intentions

would be futile and valueless. Without which initiative, there can be no

equilibrium on how the populace are utilizing the resources that we have, and

with the available resources.


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1987 Philippine

Constitution and


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Conceptual Framework

In Chinese philosophy, the concept of yin-yang is used to describe how

polar opposites or seemingly contrary forces are interconnected and

interdependent in the natural world, and how they give rise to each other in turn

in relation to each other. As applied to this present undertaking, the supply of

forests in relation to the demand for raw materials must meet halfway. They

seem to be opposing concepts but they are correlated in terms of effects. Thus,

there must be balance between the two and such is feasible through the

efficient implementation of laws. In this study, the 1987 Philippine Constitution

and Presidential Decree No. 705 have their own respective provisions which in

one way or another are of great help to cause balance between the said two

concepts. But the paramount concern is on determining the conflicting

provisions of these laws with the present demands and needs of the people.

Absence of such undertaking, these laws will not be efficiently implemented,

considering that they were first enacted several decades ago, rendering some

of their provisions unfitting to the contemporary background.

If such laws are to be efficiently implemented by the local authorities and

observance among the populace is visible, our environment will definitely


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benefit to a considerable extent, towards maintaining a continuing reserve for

our next generations.


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Chapter III

RESEARCH DESIGN AND PROCEDURE

This chapter presents the methods and procedures that were used in the

conduct of the investigation for the attainment of the objectives of this study.

Specifically, the research design, sources of data and research procedure were

provided herein.

Research Method

The study utilizes the descriptive expository case typed method of

research. This method describes and analyzes the provisions of the 1987

Philippine Constitution and the provisions of Presidential Decree No. 705,

otherwise known as the Revised Forestry Code of the Philippines in relation to the

increasing demand of the populace for raw materials from forest resources.

There are three phases involved, namely: first, determining the conflicting

provisions of said laws with reference to forest resources vis--vis the demands

and needs of the people; second, determining the ways on how to efficiently

implement them at the contemporary setting; and third, analyse the extent of

compliance with the provisions of the said laws as can be gleaned from various

cases decided upon by the Court.


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Sources of Data

The primary sources of information to the conduct of this legal study are

the published materials and studies which have relevance to the present

undertaking. In addition, the researchers also utilize the used of secondary or

supplemental sources of data such as books, theses, and internet articles.

Particularly, the 1987 Philippine Constitution and Presidential Decree No.

705 otherwise known as the Revised Forestry Code of the Philippines are used by

the legal researchers as their primary sources of data in this study. Cases

decided upon by the Court which are relevant with the problems sought to be

answered by this study also served as sources.

Research Procedure

The researchers purposively choose the materials relative to the problems

being tackled by this study.

Excerpts from notable authorities were cited to lay the foundation on the

creation, benefits, trends and management of forests around the world.

Specifically, the provisions of Presidential Decree No. 705 otherwise known as the

Revised Forestry Code of the Philippines served as the main source for the

conduct of this undertaking. The Constitutional provisions were also explained to

anchor the rationale why the researchers chose to venture into this study.

To understand further and validate the data gathered, decided case by

the Court are to be included to clearly explain the extent of implementation of


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the provisions of Presidential Decree No. 705 and to identify the conflicts

between the said law and the demands of the populace for raw materials from

our forest resources.


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Chapter IV

Philippine Forest Frontiers

Ways on how the provisions of the 1987 Philippine Constitution and that of

President Decree No. 705 are in conflict with the human needs and wants atpresent.

The 1987 Philippine Constitution embodies provisions for the protection of

the rights of the people to a balanced and healthful ecology, specifically

Section 16 of Article IIthereof. The Constitution adopted the Regalian Doctrine

(Section 2, Article XII)and empowered the Congress to determine by law the

specific limits of forestlands and national parks. The State has the right to

undertake on its own the development and utilization of natural resources, or

enter into co-production, joint venture or production agreements to achieve

sustainable development and natural resources conservation objectives (Agete

1998). The Constitution has virtually stopped the practice of awarding

concessions, leases, or timber licenses. As much as the good intent of the

Constitution to protect the interest of every individual, the result thereof has

adverse effect on the economy and to the environment. A clear example is the

strict issuance and banning of the timber license agreements (TLAs) since they

had been abused by favoring only large-scale operations (Wallace 1993; Porter

and Ganapin 1988; Vitug 1993). The Constitution has supported and

strengthened the Governments efforts, to take drastic measures in dealing with

holders of TLAs. Many TLAs were suspended, cancelled, modified or not


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renewed. These drastic actions reduced the number of TLA holders from 159 in

1986, to 26 in 1997, and less than 20 in 1998 (FMB/DENR 2000).71

Due to the decrease in the timber license agreement forest land has

become an open access for illegal loggers to randomly and rampantly cut

down trees on areas not covered by the timber license agreement. These illegal

loggers at times cannot be identified thus, abuses committed by them go

unpunished and no one is held accountable. Between development and

environment, the quality of the latter must occupy a higher plane in the scheme

of priorities by our authorities.

Rising domestic consumption, the growing export-oriented furniture

industry, and economic recovery and expansion contributed to the surge in

imports of lumber that started in 1993 when the Philippines imported more than 1

million m3of wood. Furniture manufacturing consumes approximately 95

percent of the imported wood. The increase may be largely attributed to the

shift in preference from domestic to imported logs by the domestic plywood

and veneer industry. Imports of logs and lumber accounted for 67 and 29

percent of total imports from 1986 to 1997, respectively.

Imports supplied most of the domestic demand when the AAC were

reduced from 5 million m3 in 1990 to about 0.5 million m3 in 2000 (FMB/DENR

2000). The reduction in AAC was the most significant consequence of the

logging ban in old-growth forests, the passage of the National Integrated

71Impacts and effectiveness of logging bans in natural forests: Phillipines - Ernesto S. Guiang


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Protected Area System (NIPAS) law in 1992 (RA 7586) and a decrease in the

number of active TLAs from 114 in 1989 to 21 in 1998. These restrictions on the

harvest of natural forests and the limited supply of wood from forest plantations

have turned the Philippines into a net importer of wood.

The countrys increasing dependence on imports underlines its ongoing

wood crisis. Domestic demand for wood products is growing at an average of 2

to 5 percent annually. By the end of 2000, domestic demand for industrial

roundwood (mainly for sawntimber, plywood/veneer/blockboard,

fiberboard/particleboard, poles and paper and paperboard) as raw materials

ranged between 4.5 to 5.8 million m3per year.72

The implementation of P.D. 705 or the Revised Forestry Code of the

Philippines seeks to protect, develop and aims for the rehabilitation of forest

land as to ensure their continuity in productive condition.73But throughout time,

certain provisions therein are seen to be in conflict with the contemporary needs

and demands of the people for raw materials from our forest reserves.

Section 71, which talks about illegal occupation of our national parks

system and recreation areas and vandalism, is not being observed properly for

reality speaks of it otherwise. Cutting, destroying, damaging or removing timber

and other natural resources found therein, and mutilating, defacing or

destroying objects of natural beauty or of scenic value within the said areas are

in existence. Informal settlers and vagrants due to various factors would tend to

72Ibid.73Sec. 2. Par. D., P.D. 705


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settle in national parks to the detriment of the natural resources that may be

found therein. In this case, the demands and needs of the people are not just

confined to the raw materials but also to other needs such as for lodging.

Both Sections 20 and 57 of Presidential Decree No. 705 tackles the

imperative need to have a grant of license agreement, license, lease and

permit as regards the utilization, exploitation, occupation, possession and

conduct of activities within forest lands. Moreover, forest lands may be

subjected to a lease for a period not exceeding twenty-five (25) years, which is

renewable upon its expiration for a similar period, or as held in the permit given,

pursuant to special purposes such as for the construction of sanatoria, bathing

establishments, camps, salt works, inter alia, provided that such will not in any

way impair the forest resources that may be found therein. Considering that

Presidential Decree No. 705 was enacted in May 19, 1975, or thirty-eight (38)

years ago, the said limitation as to the allowable period may not be suitable

and fitting in the contemporary setting. Records discussed in the earlier parts of

this legal undertaking show the decline in the forest reserves of our country

throughout the years due to several factors such as over use and irrational use,

technological and industrial growth, population growth and increasing

consumption levels of the populace. Having said so, the twenty-five (25) years

applied at the present context will entail more serious impacts on our depleting

resources for various possible reasons. Due to the advent of technological

developments, numerous industries at present are now banking on the benefits


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and comfort in using highly developed machineries and tools. Employing

modern schemes in the conduct of activities within forest lands, and more so, for

a long period of time, would invariably cause our forests to be at the mercy of

the grantees of licenses, in lieu of the earnings that may be derived therefrom

by said concessionaires and operators. The caveat provided for by law that said

activities therein must not in any way impair the forests is likely to be rendered

futile. For as the needs increases, so as with the demands for raw materials, such

will have a correlative effect on the supply.

Under Section 59, it is mandated in P.D. 705 that in the evaluation of

applications of corporations, increased Filipino equity and participation beyond

the 60% constitutional limitation shall be encouraged xxx and that the applicant

with more Filipino equity and participation shall be preferred. The statistical

records provided for by this study clearly depict the export and import volumes

of raw materials from our forest resources. At the present context, we Filipinos

must be given not just the priority but the sole authority to utilize our own

resources, thus, the 60% constitutional limitation is in conflict with our needs

considering that foreign entities are given the chance to also engage into

concerted activities within our forest lands while the local demand for the raw

materials are not fully addressed by the authorities. Giving foreign entities with

opportunities to make use of what we naturally have could be a source of

violations and distractions.


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This is also true to the grant of service contracts to foreign person or entity

for the exploration, development, exploitation or utilization of the forest

resources, as provided for in Section 62. The law says that such will only be

allowed if national interest dictates. Nonetheless, and given hypothetically the

existence of such national interests, the participation of foreign entities in acts

within our forest lands will never give us the assurance that the welfare of our

environment will also be prioritized. History would speak for the long line of cases

of violations by foreign entities of our environmental laws, but rarely that the

proper sanctions are being implemented, or if they are being made

accountable, it is only settled in making them liable to pay fines and damages.

Assistance during cases of national interests may be proper in some other ways

other than entering into service contracts with foreign entities.

Ways in which the provisions of the 1987 Philippine Constitution and PresidentialDecree No. 705 be efficiently employed in relation to the increasing demand

and utilization of raw materials from forest lands.

Article XII, Section 2 of the 1987 Philippine Constitution, otherwise referred

to as the Regalian Doctrine states that, "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." In view of that, "the exploration,

development, and utilization of natural resources shall be under the full control


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and supervision of the State. The State may directly undertake such activities, or

it may enter into co-production, 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."

One of the earliest notable recognition by the Philippine government of

the importance of sustainable development taking into consideration the

environment was set out in the Constitution which stipulates that, "The State shall

protect and advance the right of the people to a balanced and healthful

ecology in accord with the rhythm and harmony of nature."

The fundamental right to a healthy environment is enshrined in Section 16,

Article II of the 1987 Constitution and environmental rights are viewed as part of

basic human rights. In 2008, the United Nations Development Programme

(UNDP) and the Supreme Court of the Philippines recognized that while

environmental protection programs were on-going, there were few avenues to

ensure accountability for effective resource management, to enforce

environmental laws, and to promote public awareness and prevention of

environmental damage. From 2009 to 2011, in partnership with the UNDP, the

Supreme Court became an implementing partner of the Enhancing Access to

the Pillars of Justice Project, which included a major component on

environmental justice.

In 2009, the Supreme Court, supported by the UNDP, convened a Forum

on Environmental Justice bringing together over 600 participants from


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government, non-government and private sectors to identify the difficulties

associated with enforcing environmental laws based on actual cases and

litigation experiences. A Memorandum of Agreement was signed during the

Forum enjoining officials of agencies and institutions from the

Documents

Phil. Forest Frontiers