Green Laws

Question 1

Green Laws

Answer 1

those that deal with the protection, conservation, utilization and development of forests, other land–based natural resources, and wildlife.

Question 2

When is the cutting of trees permitted?

Answer 2

1. Clearing of road right of way by the DPWH
2. Site preparation for tree plantations
3. Silvicultural Treatment
4. Similar Activities

Question 3

SECTION 77 PD 705

Answer 3

Any person who shall cut, gather, collect, removed timber or other forest products from any forest land, 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 of the Revised Penal Code

Question 4

SECTION 78.

Answer 4

Any person who enters and occupies or possesses, or makes kaingin for his own private use or for others, any forest land or grazing land without authority under a license agreement, lease, license or permit, or in any manner destroys such forest land or grazing land or part thereof, or causes any damage to the timber stand and other products and forest growth found therein, or who assists, aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land or grazing land, or refuses to vacate the area when ordered to do so

Question 5

Unlawful Occupation or Destruction of Forest Lands and Grazing Lands

Answer 5

Any person who enters and occupies or possesses, or makes kaingin for his own private use or for others, any forest land or grazing land without authority

or in any manner destroys such forest land or grazing land or part thereof, or causes any damage to the timber stand and other products and forest growth found therein, or who assists, aids or abets any other person to do so, or sets a fire, or negligently permits a fire to be set in any forest land or grazing land, or refuses to vacate the area when ordered to do so,

Question 6

The dual mandate of DENR

Answer 6

• to protect and conserve the environment and;
• to promote the utilization of natural resources

Question 7

Forest

Answer 7

an ecosystem or an assemblage of ecosystems dominated by trees and other woody vegetation; a community of plants and animals interacting with one another and its physical environment.

Question 8

FORESTLAND

Answer 8

the legal status, a classification for legal purposes designated by some competent authority.

Question 9

Can lands that have already been occupied, developed and sold to investors be considered forestland, thus belonging to the land of the public domain?

Answer 9

That the occupants of Boracay have built multi-million peso beach resorts on the island, or that the island has already been stripped of its forest cover, or that the implementation of Proclamation No. 1064 will destroy the island’s tourism industry, do not negate its character as public forest.

Secretary of the Department of Environment and Natural Resources vs. Yap, 568 SCRA 164, G.R. No. 167707 October 8, 2008

Question 10

Topography - Section 15 PD 705

Answer 10

NO LAND of the public domain 18% in slope or over shall be classified as alienable and disposable, nor any forestland 50% in slope or over, as grazing land.

ands 18% in slope or over which have already been declared as alienable and disposable shall be reverted to the classification of forestlands by the Department Head, to form part of the forest reserves

XP: -they are already covered by existing titles and approved public land application

they actually occupied openly, continuously, adversely and publicly for a period of not more than 30 years as of the effectivity of the Revised Forestry Code. And where the occupant is qualified for a free patent under the Public Land Act.…

Question 11

What is required to utilize, exploit, occupy, possess within forest lands?

Answer 11

No person may utilize, exploit, occupy, possess or conduct any activity within any forest and grazing land, or establish, install, add and operate any wood or forest products processing plant, unless he had been authorized to do under a license agreement, license, lease or permit.

Question 12

LEASE

Answer 12

A privilege granted by the State to a person to occupy and possess, in consideration of specified rental, any forest land of the public domain in order to undertake any authorized activity therein

Question 13

LICENSE

Answer 13

A privilege granted by the State to a person to utilize forest resources within any forestland, without any right of occupation and possession over the same, to the exclusion of others, or establish and operate a wood processing plant, or conduct any activity involving the utilization of any forest resources.

Question 14

LICENSE AGREEMENT

Answer 14

A privilege granted by the State to a person to utilize forest resources within any forest land, with the right of possession and occupation thereof to the exclusion of others EXCEPT the government, but with corresponding obligation to develop, protect and rehabilitate the same in accordance with the terms and conditions set forth in said agreement.

Question 15

PERMIT

Answer 15

A short-term privilege or authority granted by the State to a person to utilize any limited forest resources or undertake a limited activity within any forest land without any right to occupation and possession therein.

Question 16

FORESTRY TENURE

Answer 16

Forest tenure is the combination of legally or customarily defined forest ownership rights and arrangements for the management and use of forest resources.

Question 17

What is a forest

Answer 17

refers to an ecosystem or an assemblage of ecosystems dominated by trees and other woody vegetation; a community of plants and animals interacting with one another and its physical environment.

Question 18

Forest Land

Answer 18

is the legal status, a classification for legal purpose

Question 19

Can there be a forestland without a single tree on it?

Answer 19

YES. “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

Question 20

Basic Principles and Policies of the Forestry Code

Answer 20

a. 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;
b. Land classification and survey shall be systematized and hastened
c. The establishment of wood-processing plants shall be encouraged and rationalized; and
d. The protection, development and rehabilitation of forest lands shall be emphasized so as to ensure

Question 21

Rules on surveying a public land

Answer 21

Only the DENR is authorized to survey a public land.

Private surveyors may be authorized to survey public lands but they need to have an authority from the DENR.

Private surveyors need not need an authorization from the DENR if they will only survey a private land.

Question 22

What is the status of unclassified land?

Answer 22

unclassified land- DEFAULT PUBLIC FOREST (not alienable and disposable)

Question 23

CLASSIFICATION OF LANDS

Generally

Answer 23

Lands of the public domain:
a.1 alienable
a.2 inalienable

Lands of the private domain:
b.1 patrimonial properties

Question 24

CLASSIFICATION | Public Domain Lands

Answer 24

Agricultural- only agricultural lands may be further classified.
Forest or Timber
Mineral Lands
National Parks

Question 25

Public Lands open to Disposition

Answer 25

Agricultural

Residential, commercial, industrial, or for similar productive purposes

Educational, charitable, or other similar purposes

Reservations for town sites and for public and quasi-public uses.

Question 26

Classification of lands an executive prerogative

Answer 26

Before the government could alienate or dispose of lands of the public domain, the President must first officially classify these lands as alienable or disposable, and then declare them open to disposition or concession.

Question 27

What is necessary in order to declassify forest land into alienable land?

Answer 27

It bears emphasising that a positive act of the government is needed to declassify land which is classified as forest and to convert it into alienable or disposable land for agricultural or other purposes

Unless and until the land classified as forest is released in an official proclamation to that effect so that it may form part of the disposable agricultural lands of the public domain, the rules on confirmation of imperfect title do not apply.

Question 28

PUBLIC LAND vs. GOVERNMENT LAND

Answer 28

Government Land- shall refer not only to public lands but also to other kinds of lands of the government either reserved for or devoted to public use or subject to private rights.

Public Land- Public domain lands are classified into agricultural, forest or timber, mineral lands, and national parks; only public agricultural lands are alienable or may be subject to private ownership.

Question 29

Modes of Disposition of Public Agricultural Lands

Answer 29

Public lands classified as agricultural shall be disposed of under any of the following modes:
(a) by homestead;
(b) by special grant;
(c) by sale;
(d) by lease;and
(e) by confirmation of imperfect or incomplete title by judicial legalization or
administrative confirmation (Free Patent)

Question 30

How may private persons acquire public land?

Answer 30

No public land can be acquired except by a grant from the State. It is indispensable that there be a showing of a title from the State.

Unless public land is shown to have been reclassified or alienated to a private person by the State, it remains part of the inalienable public domain. Indeed, “occupation thereof in the concept of owner, no matter how long, cannot ripen into ownership and be registered as a title”.

Question 31

HOMESTEAD SETTLEMENT

Answer 31

any citizen of the Philippines over 18 years old, or the head of the family, may enter a homestead of not exceeding 12 hectares of agricultural land of the public domain.

Effect of compliance with legal requirements= the homesteader acquires a vested interest therein, and is to be regarded as the equitable owner.

Question 32

Effect of a homestead settlement patent

Answer 32

Mesina v. Sonza- once a homestead applicant has complied with all the conditions essentials to a government grant, he acquires not only a right to a grant, but a grant of the government.

Pajomayo v. Manipon- certificate of title issued by virtue of said patent has the force and effect of a Torrens title issued through judicial registration proceedings.

Question 33

Who are persons qualified to undertake mining operations in the Philippines?

Answer 33

Any citizen of the Philippines with capacity to contract, or a corporation, partnership, association or cooperative organized for the purpose of engaging in mining

** with technical and financial capability to undertake mineral resources and development**

duly registered in accordance with law at least 60% of capital which is owned by citizens of the PH.