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I.

Reclassification of Forest or Timber Lands

Section 3, Article XII of the 1987 Constitution states that Lands of the public domain are classified
into agricultural, forest or timber, mineral lands, and national parks. Agricultural lands of the public
domain may be further classified by law according to the uses which they may be devoted. Alienable
lands of the public domain shall be limited to agricultural lands.

Properties of public domain have been described as those which, under existing legislation, are not
the subject of private ownership and are reserved for public purposes. Under the Civil Code, the
following things are property of public dominion:

Article 420. The following things are property of public dominion:

(1) Those intended for public use, such as roads, canals, rivers, torrents, ports, and
bridges constructed by the State, banks, shores, roadsteads, and others of similar
character;
(2) Those which belong to the State, without being for public use, and are intended for
some public service or for the development of the national wealth.

Although timberlands are not expressly included in the enumeration, notably, the Supreme Court
explained that under the Civil Code that where lands of the public domain are patrimonial in
character, they are susceptible to acquisitive prescription. On the other hand, among the public
domain lands that are not susceptible to acquisitive prescription are timber lands and mineral lands.
The Constitution itself proscribes private ownership of timber or mineral lands.1 Therefore,
possession of timberland, no matter how long, cannot ripen into private ownership.

The classification of public lands is an exclusive prerogative of the Executive Department of the
Government through the Office of the President. Specifically, Section 6 of Commonwealth Act
(CA) No. 141 reads:

Section 6. The President, upon recommendation of the Secretary of Agriculture and Natural
Resources, shall from time to time classify the lands of the public domain into:

(a) Alienable or disposable;


(b) Timber and
(c) Mineral lands;

and may at any time and in a like manner transfer such lands from one class to
another for the purpose of their administration and disposition.

Section 8 of CA No 141 speaks of a proclamation or by Act of the legislative body, in a number of


cases, the Supreme Court has held that a positive act of government is needed to declassify land

1
Heirs of Mario Malabanan v. Austria-Martinez, G.R. No. 179987, April 29, 2009.
which is classified as forest and to convert it into alienable or disposable land for
agricultural or other purposes.2 Thus, that positive act may not necessarily exclusively and
absolutely be in the form of an official proclamation by the President or by an act of the Congress.

Considering the foregoing, forest or timberland may be classified into disposable agricultural land.
Once classified as such, it may be the subject of private ownership.

II. Forest Resources Utilization

1. Timber License Agreement (TLA)

TLA is a long-term license executed by and between the Secretary of the Department of Energy
and Natural Resources (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.

2. Tree Farm Lease (TFLA)

TFLA is an agreement issued by the Department upon recommendation of the Forestry


Director, for the planting of commercial trees, or non-commercial trees or both in any
small forest land or tract of land purposely planted with tree crops.

3. Special and Forestland Use Permits and Agreements

The special and forest land use agreement is a contract between the DENR and natural or
juridical person authorizing the latter to temporarily occupy, manage and develop subject to
government share, any forestland of the public domain for specific use to undertake any
authorized activity therein for a specified period.

a. Special Land Use Permit (SLUP) - Privilege granted by the State to a person to occupy,
possess and manage in consideration of specified return, any public forest lands for a
specific use or purpose for a limited period of not more than 3 years;

b. Special Land Use Lease Agreement (SPLULA) - Privilge granted by the State to a person
to occupy, possess and manage in consideration of specified return, any public forest
lands for a specific use or purpose for a period of 25 years;

c. Forestland Use Agreement for Tourism Purposes (FLAgT) – A contract between the
DENR and natural or juridical person authorizing the latter to occupy, manage and
develop subject to government share, any forestland of the public domain for tourism

2
Republic v. Animas, G.R. No. L-37682, March 29, 1974 and Heirs of Jose Amunategui v. Director of Lands, 126
SCRA 69 75(1989); Republic v. Francisco Bacus, G.R. No. 73261, August 11, 1989.
purposes and to undertake any authorized activity therein for a period of 25 years
and renewable for the same period upon mutual agreement by both parties; and

d. Special Forestland Use Agreement (FLAg) – A contract between the government as first
party represented by the Secretary or the Regional Executive Director concerned, and a
second party or a person, authorizing the latter to temporarily occupy, manage and
develop in consideration of a government share, any forestland of the public domain for
specific use to undertake any authorized activity therein for a period of 25 years
and renewable for the same period upon mutual agreement by both parties.

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