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Forest Tenure and Permit Re-Orientation Workshop

FB Hotel Koronadal City


August 31-September 1, 2016

Special Land Use Permit (SLUP) – it is a privileged to occupy, possess and managed any public land for a
specific use or purpose. Duration of 3 years and non-renewable. Example of this are landing site,
bodega/warehouse, store site, cell site, commercial center. Approving authority is the RD.

Special Forest Landuse Agreement (FLAg) – a contract between the government and a second party to
temporarily occupy, manage and develop in consideration of a government share, any forestland of the
public domain for specific use. 25 years renewable for 25 yearsEx: industrial processing site, landing
site, road right of way.
Special Forest Landuse Agreement for Tourism(FLAgT) - a contract between the government and a
second party to temporarily occupy, manage and develop in consideration of a government share, any
forestland of the public domain for tourism purposes. Ex: Bathing establishment, Camp site,
Ecotourism Hotel site (inclusive of related resort facilities)
Flowchart on the application of SLUP, FLAg, FLAgT – CENRO, PENRO, RENRO, FMB, OUFO.

Community Base Forest Management(CBFM) - a national strategy to ensure the Sustainable


Development of the Country’s Forestlands Resources. The underlying principles are social equity,
sustainability and community participation in forest management and biodiversity conservation
CBFMA (Community-Based Forest Management Agreement)
- an agreement entered into by and between the government (DENR) and the local community,
represented by the POs, as forest managers, which has a term of 25 years and renewable for
another 25 years. It shall provide tenurial security and incentives to develop, utilize and manage
specific portions of forest lands pursuant to the affirmed Community Resource Management
Framework (CRMF).
CSC (Certificate of Stewardship Contract)
- is an agreement entered into by and between the government and individuals/families actually
occupying or tilling portions of the forestlands covered with CBFMA. (DAO 1998-45)

SCOPE AND COVERAGE


 Shall apply to all forestlands
 Integrates and unifies all people-oriented forestry programs (ISFP, UDP, FLMP, CFP,
LIUCP, RRMP, NRMP, FSP, CEP)
 ICCs/IPs (CADC/CALC), may, at their options, participate in the CBFM
QUALIFICATIONS OF PARTICIPANTS
(People’s Organization)
 Members shall be Filipino citizens;
 Members may either be:
◦ Actually tilling portions of the area to be awarded;
◦ Traditionally utilizing the resource for all or substantial portion of their
livelihood;
◦ Actually residing within or adjacent to, and are dependent on and actually
developing portions of the areas to be awarded
Processing and approval of CBFMA Application (please refer to the powerpoint to be given)
Requirements and General Findings on the application of CBFMA
Ex: Certificate of PO Registration - No Certificate of PO Registration
List of Officers and members of the PO and their respective addresses - Incomplete address

DAO 2000-29 (Guidelines Regulating the Harvesting and Utilization of Forest Products Within
Community-Based Forest Management Areas) provides the following:
Section 4. Requirements for the Utilization of Forest Resources. The requirements for forest resource
utilization are the following:
a. Affirmed CRMF
b. Affirmed AWP (now affirmed FYWP per DAO 2004-29)
c. ECC (now under Sec. 20 of DAO 2004-29, affirmed CRMF serves as IEE for CBFM and basis for
issuance of ECC by the RD of EMB)
d. RUP (now incorporated in FYWP)

DAO 98-45 - Guidelines Governing the Issuance and Transfer of Certificate of Stewardship (CS) Within
CBFM Areas
Sec. 3 Procedure in the Issuance of CS - Information Dissemination, Census of forest occupants,
Request for issuance of CS, Processing and issuance of Certificates of Stewardship, Marking of
boundaries and resolution of conflicts.
Sec. 4 Transferability of the CS - The CS, including those issued prior to this Administrative Order, may
be transferred, sold or conveyed (development not the land) in whole or in part under the following
conditions: transferee is a qualified beneficiary, 50% of the land has been develop, etc.
Renewal, Cancellation and Determination of Appropriate Land Tenure Instrument
The CENRO has the authority to renew CSC with an area of 3 hectares and below while the PENRO
renews CSC with an area of more than 3 hectares but not exceeding 5 hectares. The date of renewal
shall reckon from the date of issuance totalling 50 years. The PENRO has the authority to cancel CSCs
previously issued by the CENRO while the RED cancels the CSCs previously issued by the PENRO.

Ex. Of case of cancellation - conversion to other land use, the subject CSC area will be reverted back to
the government and an appropriate land tenure instrument shall be determined and recommended.

• IFMA, SIFMA, FLGMA – who may apply? Filipino Citizens

• Corporations, associations, cooperatives or partnerships 60% of which is owned by Filipino


Citizens
• Financially & Technically Capable
• For SIFMA Application
– Individuals or family units who are Filipino citizens & residents of the municipality
where the area is located
– Cooperatives, associations or partnerships owned by Filipino citizens & residents of
the municipality where the area is located

Integrated Forest Management Agreement (IFMA) - A production agreement for the


development, management, protection and utilization of forestland into plantations, formerly
Industrial tree Plantation Agreement (ITPLA)

Allowable area – 500 to 40,000 hectares


Planting of principally timber-producing species, including rubber, durian and/or non-timber species
like rattan and bamboo; Provided, that a suitable area of at most ten percent (10%) therein may be
used for agricultural purposes

Socialized Industrial Forest Management Agreement (SIFMA) - A production agreement for the
development, management, protection and utilization of small tract of forestlands into plantations
Area: For individual/ single family= 1 - 20 hectares
For association, partnership or cooperative = over 20 to 499 hectares
Developmental requirements – not less than 60% of the area = forest tree species, including non-
timber but valuable like rattan and bamboo, not less than 30% = fruit trees, and the remaining
plantable areas for agricultural crops for food production purposes.

Forestland Grazing Management Agreement (FLGMA) - production sharing agreement on the


development, management and utilization of grazing lands, formerly Pasture Lease Agreement
(PLA)/Forest Land Grazing Lease Agreement (FLGLA)
Allowable area: individual = 50 to 500has
Partnership, Corporation, Cooperative, Association = 50 – 2,000 ha

Development requirements:

 Establishment of food production area pursuant to PD No 472 equivalent to 10% of the area
but not less than one (1) hectare nor more than twenty (20) hectares.
 Maintenance of the required number of cattle stock in the area based on the grazing capacity
 Reforestation on 20-meters both sides along stream bank, and areas with above 50% slope

LEGAL TRANSPORT OF FOREST PRODUCT


Recap: PERMIT - Short-term privilege or authority granted by the State to a person to utilize any
limited forest resources or undertake limited activity with any forest land without any right of
occupation and possession therein. (Sec. 3, PD 705)

LEASE - Privilege granted by the state to a person to occupy & possess, in consideration of a specified
rental, any forest land of the public domain in order to undertake any authorized activity. (Sec. 3, PD
705)
Examples of permits and authorities
Chainsaw Registration Certificate
- Permit issued by the CENRO concerned to own, possess and/or use the chainsaw for legitimate purpose
(DAO 2003-24)
Chainsaw permits to purchase, transfer of ownership and/or sell, re-sell/dispose/ distribute chainsaws -
issued by RED concerned
(DAO 2003-24)
Wood Import/ Export Authority - Issued by the RED concerned to import/export logs or lumber other
wood products (DAO 99-46)
Wood Processing Plant Permit (WPP)
Establish & operate issued by the DENR secretary for new WPP and the RED concerned for
renewal of WPP (PD 705, Sec. 20; MAO 50 S.1986, as amended)
Lumber Dealers Permit - Requires registration of agents, contractors, & dealers in logs, lumber &
commercial piles (RA 1239, 1955 & Sec 79, PD 705)

TRANSPORTING FOREST PRODUCTS must be accompanied by the following documents ......


1. ROUND LOGS (Natural growing trees in public land)
Valid Computer generated Certificate of Timber Origin (CTO) with two 14-digit bar-code
(species, quantity, volume, place of loading, conveyance, date of transport, source, consignee, etc)
Auxiliary Invoice/Tally Sheet
Official Receipt for payment of forest charges
Certificate of Transport Agreement (if owner of the logs rents truck or conveyance)
Delivery Receipt
All documents in transporting are being done in this office so there is no need to elaborate more. (see
presentation for more details)

PD 705 was discussed but all important matters only that has round in round in many seminars so no
need of elaborating more. If you wish, you can secure a softcopy.

FOREST RESOUCES INVENTORY AND ANALYSIS


Timber inventory - is a process that collects, analyzes and manages forest data and information to
obtain a reliable estimate on the extent of the forest area and the stand and stocking density of timber
that the forest contains as basis in forest management planning and decision making.
- it is said to be one of the most challenging job as a forester.
DAO 2000-21: Revised Guidelines in the Issuance of Private Land Timber Permit/ Special Private Land
Timber Permit (PLTP/SPLTP)
Section 6. In addition to the application requirement …, a 100% inventory shall be undertaken by
Registered Forester(s) over the area where the trees/forest resources are located.

In measurement standards, Diameter is measured in nearest centimeter while height is measured in


nearest meter. Diameter at Breast Height (DBH) is measured over bark at 1.3 m above the ground, with
the exception of particular cases.
Briefing on Tree Cutting Permit
Executive Order 23 - Declaring a Moratorium on the Cutting and Harvesting of Timber in the Natural and
Residual Forest and Creating the Anti- illegal Logging Task Force”

Exemptions of EO 23
 Clearing of Road-Right-Of-Way by the DPWH
 Site Preparations for Tree Plantations
 Silvicultural Treatments
 “Similar Activities”
 Provided that all logs derived from the said cutting permits shall be turned over to the DENR for
proper disposal

Exemptions under “similar activities” of E.O. No. 23 - construction of windmill, geothermal, solar
energy, Construction of transmission lines, telecommunications sites, substation sites, and other
power generation projects, including maintenance activities on existing lines, infrastructure projects
undertaken by government entities through private contractors(rehabilitation, road widening
projects, road right of way, airstrip)

WOOD PROCESSING PLANT (WPP) PERMIT RENEWAL


Legal Bases
• Ministry Admin. Order No. 50, Series of 1986
 Intergated regulations on the establishment and operations of WPP
• Memo Order dated 11 October 2011 signed by then Usec. For Field Operations, Usec. Atty.
Ernesto Adobo, Jr.
 Additional requirment in thre renewal of WPP permit (verify the sources of logs,
installation of CCTV Camera System within WPP, amended ECC)
• Memo Order dated 11 February 2015 signed by Usec. Demetrio L. Ignacio, Jr. (Usec for Field
Operations)
 Accept only those WPP permit applications with complete documentary requirement
 Require the submission of endorsement that undergone Completed Staff Work (CSW)
• All applications for the renewal of Wood Processing Plant (WPP) Permit should be forwarded to
DENR Central Office for evaluation and issuance of the renewal WPP Permit
“Basic and amended documentary requirements for the renewal of WPP, may ask for a softcopy from
me”
Log Supply Contracts
Per Memorandum dated April 7, 2016
All Wood Processing Plant Permit Holders should have their log supply exclusively from sources covered
by their Log Supply Contracts pursuant to DENR Administrative Order No. 08 dated February 17, 1994
and consistent with Executive Order No. 23.
Change or substitute of Supplier shall be cleared first by the DENR Regional Director.

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