allocating forest lands - commonly issued allocation instruments

8/10/2019 Allocating Forest Lands - Commonly Issued Allocation Instruments

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Produced by the Department of Environment and Natural Resources-United States Agency for International Developments(DENR-USAID) Philippine Environmental Governance (EcoGov) Project through the assistance of the USAID under PCE-1-00-99-00002-00 EcoGov Project No. 4105505-006. The views expressed and opinions contained in this publication arethose of the authors and are not intended as statements of policy of USAID or the authors parent organization.

Published in September 2003 by:

The Philippine Environmental Governance Program

Department of Environment and Natural Resources, Manila

with technical and production support from:

The Philippine Environmental Governance Project


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Commonly Issued Allocation Instruments i

Table of Contents

ACRONYMS ........................................................................................... II

INTRODUCTION ..................................................................................... 1Why do we have to allocate forest lands?................................. 1Local government units (LGU) role ........................................... 2Examples of allocation instruments ........................................... 2

ALLOCATIONTOCOMMUNITIES ................................................................. 31. Community-Based Forest Management Agreement

(CBFMA) ............................................................................. 32. Certificate of Ancestral Domain Titles (CADT) ................... 43. Protected Area Community-Based Resource

Management Agreement (PACBRMA) ............................... 6

ALLOCATIONTOINVESTORS ..................................................................... 81. Industrial Forest Management Agreement (IFMA) ............. 82. Socialized Industrial Forest Management Agreement

(SIFMA) ............................................................................ 103. Forest Land Grazing Management Agreement (FLGMA) 12

ALLOCATIONTOLOCALGOVERNMENTUNITS(LGUS) ............................... 141. Co-Management Agreement ............................................ 142. Communal Forests ........................................................... 153. Community Watersheds ................................................... 17

ALLOCATIONTOADDRESSNEEDSFORPUBLICGOOD ................................ 191. Declaration of Watershed Reservations, Biodiversity

Reserves, Other Protected Areas ..................................... 19

ALLOCATIONTOOTHERGOVERNMENTAGENCIES ........................................ 201. Academic Research Agreement (ARA) ............................ 202. Land Grants to State Colleges/Universities ...................... 203. Grants to Government Corporations ................................ 214. Civil/Military Reservations ................................................ 21

REFERENCES ..................................................................................... 22


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ii Allocating Forest Lands

ACRONYMS

ARA - Academic Research AgreementCADT - Certificate of Ancestral Domain TitlesCBFMA - Community-Based Forest Management AgreementCDA - Cooperative Development AuthorityCDMP - Comprehensive Development and Management

PlanCENRO - Community Environment and Natural Resources

OfficerCSC - Certificate of Stewardship ContractDAI - Development Alternatives, Inc.DAO - Department Administrative Order (DENR)DENR - Department of Environment and Natural ResourcesDILG - Department of the Interior and Local GovernmentECC - Environmental Compliance CertificateENR - Environment and Natural ResourcesEO - Executive OrderFLGMA - Forest Land Grazing Management AgreementFLUP - Forest Land Use PlanFMB - Forest Management BureauICC - Indigenous Cultural CommunityIEE - Initial Environmental ExaminationIFMA - Industrial Forest Management AgreementIP - Indigenous PeoplesJMC - Joint Memorandum CircularLGU - Local Government UnitMOA - Memorandum of AgreementNCIP - National Commission on Indigenous PeoplesNIPAS - National Integrated Protected Area SystemPACBRMA - Protected Area Community-Based Resource

Management AgreementPAMB - Protected Area Management BoardPAWB - Protected Areas and Wildlife BureauPD - Presidential DecreePENRO - Provincial Environment and Natural Resources

OfficerPO - Peoples Organization

RA - Republic ActRED - Regional Executive DirectorSEC - Securities and Exchange CommissionSIFMA - Socialized Industrial Forest Management AgreementTLA - Timber License AgreementUPLB - University of the Philippines - Los BaosUSAID - United States Agency for International Development


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2 Allocating Forest Lands

Land allocation to close open accessareas is the primarypurpose of a Forest Land Use Plan. This plan, prepared afterthorough study and consultations between and among various

stakeholders, provides the basis for assigning timberlands underdifferent management, tenure or allocation arrangements.

There are five major categories of allocation arrangements:

Allocation to communities (such as Community-basedForest Management Agreements);

Allocation to private sector (such as Industrialized ForestManagement Agreement);

Allocation to local governments (such as co-managementagreements);

Allocation to address needs for public good (such aswatershed reservations, biodiversity reserves, otherprotected areas); and

Allocation to other government agencies (such as civil/military reservations, land grants to state colleges/universities/government corporations, academic research

agreements).

Local government units (LGU) role

LGUs, although not mandated to actively participate in theallocation of forests and forest lands, should take special interest inclosing open accessareas within their jurisdictions. LGUsprepared to invest and take a proactive action in allocating and

managing their forests and forest lands could minimize conflictsbetween and among community members as well as reduceenvironmental destruction, serve their constituents better and ignitelocal economic activities.

Examples of allocation instruments

The succeeding pages show examples of tenure instruments

commonly issued to communities, private sector and the LGUs,which may be considered in the FLUP. Examples of arrangementsfor allocation of timberlands meant to address needs for public goodand allocation to other government agencies are also provided.


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Commonly Issued Allocation Instruments 3

ALLOCATIONTOCOMMUNITIES

This allows communities, indigenous people included, who are residing within and

nearby forest lands, to be an active part in managing the forests and engage in itssustainable use. Tenure instruments under this type of allocation may apply toproduction and protected areas as well as ancestral domains.

1. Community-Based Forest Management Agreement (CBFMA)

Governing Policies:Executive Order (EO) No. 2631(1995);Department Administrative Order (DAO) 292, Implementing

Rules and Regulations (1996)

Period of Tenure: 25 years, renewable for another 25 years

Who can Participate: A group of at least 10 local Filipinocitizens (or an existing peoples organization or PO) residinginside or near forest lands

General Application Requirements: A group of local residentsmay submit its applicationtogether with the requiredendorsements from the barangay and municipal/city councilsto the Community Environment and Natural Resources Officer(CENRO). After a series of meetings and consultations, a CBFMarea will be selected by the community, CENRO and the LGU.Then the applicants should form an organization (if one has notbeen formed yet) and have it registered with the Securities andExchange Commission (SEC) or the Cooperative Development

Authority (CDA).

Issuing Authority: Provincial Environment and NaturalResources Officer (PENRO) - up to 5,000 ha; RegionalExecutive Director (RED) -more than 5,000 to 15,000ha; Undersecretary(U/Sec) for Operations -

more than 15,000 to30,000 ha; Secretary -more than 30,000 ha.


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Rights, Privileges of Tenure Holder: Occupy/use/developforest lands within designated area; allocate to members andenforce rights to use and sustainably manage forest land

resources; be exempted from paying land rent and forestcharges on timber and non-timber products harvested fromplantations; be consulted on all government projects in thearea; be given preferential access to all available assistance inthe development of the area; receive income/proceeds fromuse of forest resources within the area; enter into contracts withprivate/government entities; allocate/endorse areas to beplaced under Certificate of Stewardship Contract (CSC).

Examples of Allowable Activities: Forest protection,reforestation, agro-forestry, harvesting of non-timber and timberforest products.

General Roles, Responsibilities:

Tenure Holder:Prepare/implement plans, includingresource use plans; promote transparent and participatory

management; pay forest charges (other than those fortimber/non-timber products harvested from plantationareas).LGU:Together with the DENR, monitor implementation inthe area; provide technical and other assistanceIssuing Authority:Together with the LGU, monitorimplementation in the area; provide technical and otherassistance.

2. Certificate of Ancestral Domain Titles (CADT)*

Governing Policy: RA No. 83713(1997)

Who can Participate: Indigenous cultural communities (ICCs)/indigenous peoples (IPs); non-members of the ICC/IPcommunities concerned may be allowed to take part in the

development and utilization of the natural resources.

*ICCs/IPs, whose ancestral domains have been delineated in accordance with DENR procedures andprior to the enactment of RA 8371, have the right to apply for the issuance of a CADT over the area

without going through the process outlined in this law.


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Tenure Holder: Develop, control and use lands andterritories traditionally occupied, owned, or used; manageand conserve natural resources within the territories;maintain ecological balance; restore denuded areas andobserve laws.Issuing Authority: With the consent and involvement ofthe ICC/IP, initiate delineation of ancestral domain,preparation of perimeter maps, publication of preliminarycensus and report of investigation on the area covered,

issuance and registration of CADT.

3. Protected Area Community-Based Resource ManagementAgreement (PACBRMA)

Governing Policies:DAO 2002-024 (2002) which repealedDAO 2000-44

Period of Tenure: 25 years renewable for another 25 years

Who can Participate: Duly organized tenured migrantcommunities (including interested IPs) who have been actuallyand continuously occupying a portion of the protected area forat least five years (in accordance with the National IntegratedProtected Areas System or NIPAS Law) and solely dependent

therein for subsistence.

General Application Requirements: For tenured migrantcommunities: accomplished application form, certificate ofregistration, list of officers and members (including address andname of spouse, if any) certified by the Protected AreaManagement Board (PAMB) and resolution from the POallowing the filing of the application. For interested IPs:accomplished form, NCIP certification, list of council of eldersand names of IPs, and proof of consent from the council ofelders to apply for a PACBRMA.


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Issuing Authority: DENR (the RED shall approve theinstrument upon endorsement by the PAMB for areas notexceeding 15,000 ha; the DENR Secretary is the approvingauthority for areas more than 15,000 ha).

Rights, Privileges of Tenure Holder: Allocate the entire orportion of the area without creating any vested right therein;develop the area allocated; receive income and proceeds fromthe development of areas; be informed and consulted onprojects to be implemented in the area.

Allowable Activities: Reforestation, protection, sustainableuse of forest products inside multiple-use and buffer zones,except any form of logging or timber cutting involving the naturalforest.


Tenure Holder: Formulate a Community Resource

Management Plan, which should be consistent with theProtected Area Management Plan, specifying activitiespertinent to the management, development, utilization,conservation and protection of the resources in thecoverage area.LGU: Be an active part of the PAMB which endorses theapplication; inform DENR of the LGUs action on the tenureapplication (in view of the recently-issued Department of

Environment and Natural Resources-Department of theInterior and Local Government Joint Memorandum Circularor DENR-DILG JMC 2003-01); and provide technical andother assistance.Issuing Authority: The Protected Areas and WildlifeBureau (PAWB) and the regional office shall undertakeperiodic monitoring and evaluation of the community-basedprogram. The PAMB, in coordination with the CENRO, shallmonitor compliance with the terms and conditions of thePACBRMA holder.


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ALLOCATIONTOINVESTORS

Tenure instruments under this type of allocation allow for production sharing,

encourage private sector investment and participation in the development,management and use of forests and forest lands.

1. Industrial Forest Management Agreement (IFMA)

Governing Policies:DAO 99-535(1999); DAO 2003-216(2003)


Who can Participate: Filipino citizens of legal age who aretechnically and financially capable; partnerships, cooperativesor corporations which are either 100 percent Filipino owned or60 percent owned by Filipinos and 40 percent owned byforeigners, duly registered under Philippine laws. Timber licenseagreement (TLA) holders may opt to convert their TLAs toIFMAs.

General Application Requirements: Duly accomplishedapplication form with appropriate filing and survey fees. Forcorporations, partnerships or cooperatives: corporation papersduly certified by the SEC or the CDA, Articles of Incorporationand By-Laws duly certified by the Board Secretary, auditedfinancial statements for the last two years, proof of financial andtechnical capability, board resolution authorizing any of the

officers to file the application in behalf of the corporation,cooperative and/or partnership duly certified by the BoardSecretary.

For a TLA to be converted to an IFMA, the following conditionsshall have been satisfied:

The TLA holder shall have signified in writing such intention

for conversion not later than one year prior to the date ofexpiration of the TLA to the DENR Secretary; and


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The applicant has shown satisfactory performance on themanagement and operation of the TLA and has compliedwith the terms and conditions thereof, as evidenced by a

comprehensive performance evaluation commissioned, orundertaken, by authority of the Secretary.

Issuing Authority: The DENR Secretary, upon therecommendation of the Forest Management Bureau (FMB),shall approve (or disapprove) the IFMA, after which the notice ofapproval shall be sent to applicant, copy furnished the FMB,RED, PENRO, CENRO and the LGUs concerned.

Rights, Privileges of Tenure Holder: Develop, manage,protect and utilize a specified area of forest land and its forestresource; harvest, sell and use planted trees and cropsconsistent with the principle of sustainable development.

Allowable Activities:Reforestation, forest protection,harvesting of non-timber and timber products.


Tenure Holder:Conduct delineation and marking on theground of the perimeter boundaries of the IFMA area,including conduct of timber inventory; submit within oneyear from the date the IFMA was awarded a ComprehensiveDevelopment and Management Plan (CDMP) and an initialEnvironmental Examination (IEE) for issuance of an

Environmental Compliance Certificate (ECC); submit withinone year (and every five years thereafter) up-to-date aerialphotos of the entireIFMA area.LGU:Assist inconsultationsessions withcommunities about

the delineation ofthe area for IFMApurposes; endorsedelineated areas.


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Issuing Authority:Make availableto IFMA applicant existing informa-tion on the status of the land,

resources and dependentcommunities within or adjacent tothe IFMA areas; ensure that IFMAholder complies with the conditionsagreed upon, assist the IFMAholder and host communities in thedevelopment and implementation ofmutually beneficial agreements.

2. Socialized Industrial ForestManagement Agreement(SIFMA)

Governing Policy:DAO 96-247,(1996)


Who can participate: Individuals/families who are Filipinocitizens, of legal age and preferably residents of the municipalitywhere the SIFMA area is (actual occupants of the area will begiven priority). In the case of government employees, they shallqualify upon getting the consent of their respective heads ofagency. Cooperatives and associations, whose members are

Filipino citizens and residents of the province where the SIFMAsite is, may also participate.

General Application Requirements: Interested individuals,cooperatives and associations may file their application for aSIFMA with the CENRO, paying the appropriate filing fees(depending on the land area applied for, which is a minimum of1 to a maximum of 500 ha). For individuals/families, community

tax certificates are needed; for cooperatives/associations,certified true copy of the Certificate of Registration with the CDAor SEC; list of duly elected officers and members and theiraddresses and resolution (both duly certified by the BoardSecretary), indicating the cooperatives or associations interestin participating in the program.


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Issuing Authority: PENRO (from 1 to 10 ha); RED (more than10 to 500 ha)

Rights, Privileges of Tenure Holder: Harvest, sell and utilizeplanted trees and crops except those retained for environmentalpurposes; export logs, lumber and other forest products (as longas they are allowed by the government) harvested from SIFMAareas; be exempt from forest charges on all plantation products.

Allowable Activities: Reforestation, forest protection,harvesting of timber and non-timber products from plantations.


Tenure Holder: Rehabilitate open and denuded areas andprotect existing natural forest vegetation; plant forest treespecies, which may include rubber and/or non-timberspecies such as rattan, bamboo, etc. in not less than 90percent of the plantable area (remaining plantable areasshall be devoted to permanent agricultural purposes).

LGU:Together with the DENR, endorse validated SIFMAsites and conduct a campaign to inform the public about theprogramIssuing Authority: The RED approves applications, issuescancellation orders and approves transfers of SIFMA areasthat are more than 10 ha up to 500 ha. The PENRO shall dothe same for areas of up to 10 ha. The PENRO, which shallmaintain a database of all SIFMAs in the province, shall

evaluate reports submitted by the CENRO, who shall bedirectly responsible for implementing SIFMA within its

jurisdiction (in coordination with concerned government andnon-government units). The CENRO shall also beresponsible for site identification, processing of SIFMAapplications, and monitoring and evaluation of the programimplementation.


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3. Forest Land Grazing Management Agreement (FLGMA)

Governing Policy:DAO 99-368(1999)


Who can Participate: Filipino citizens of legal age at the time offiling of the application, or corporations, partnerships, associa-tions or other juridical persons registered in accordance withPhilippine laws, where at least 60 percent of the capital isowned, controlled and managed by Filipinos.

General Application Requirements: Area to be covered by anFLGMA shall not be less than 50 ha but not more than 500 hafor an individual holder and not more than 2,000 ha for anassociation, cooperative or corporation. Applications shall besubmitted to the CENRO which has jurisdiction over the area. If

an applicant is a governmentemployee, written permissionfrom the Secretary or Head of

Agency is required. If applicantis a naturalized Filipino, a copyof Certificate of Naturalizationand a certification from theOffice of the Solicitor Generalthat it has not filed or taken anyaction that may affect his/hercitizenship are required.

Issuing Authority: The DENR Secretary issues the FLGMA;the RED issues the Interim Grazing Privilege.

Rights, Privileges of Tenure Holder: Develop, manage anduse grazing lands.

Allowable Activities: Use land for grazing purposes; establish

a food production area, practice prescribed burning.


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Tenure Holder:Undertake pasture improvements, pay

users fees, fence the perimeter of the FLGMA, practicerotation grazing, cooperate with DENR in the protection/conservation of forest growth in the area, and preservetrees within the FLGMA area.Issuing Authority: Monitor and evaluate activities withinthe FLGMA area.


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ALLOCATIONTOLOCALGOVERNMENTUNITS(LGUS)

LGUs now share with the national government the responsibility of maintaining theecological balance within their respective jurisdictions. The Local GovernmentCode (RA 7160) further devolved certain forest management functions to theLGUs.

1. Co-Management Agreement

Governing Policies:RA 71609(1991); DENR-DILG JMC 2003-

0110 (2003), DENR-DILG JMC 98-0111 (1998)

Who can Participate: Individualor cluster of LGUs

General Application Requirements: LGUs interested shouldsignify their interest in co-managing forests and forests lands(such as establishing community watersheds, greenbelts, treeparks, reforestation and other co-management areas) to the

CENRO. Once everything has been agreed upon, aMemorandum of Agreement (MOA) shall be executed signed bythe DENR and the LGU and witnessed by a DILGrepresentative.

Issuing Authority: CENROforest areas up to 1,000 ha;PENROmore than 1,000 upto 5,000 ha; REDmore than5,000 up to 15,000 ha; U/Secfor Field Operationsmorethan 15,000 up to 30,000 ha;and Secretarymore than30,000 ha.

Rights, Privileges of TenureHolder: The MOA defines the

tenure holders rights/privileges which may include developing,managing, protecting and utilizing a specified area of forest landand its forest resource; harvest, sell and use planted trees andcrops consistent with the principle of sustainable development.


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Under JMC 2003-01, one paramount right of the LGU is that ithas to be consulted by the DENR when it comes to any tenureapplication in forests and forest lands under the LGUs

jurisdiction.

Allowable Activities: Again, allowable activities are specified inthe MOA, which may include reforestation, forest protection,harvesting of non-timber and timber products, agro-forestry

General Roles, Responsibilities: The MOA between theDENR and the LGU specifies each other s roles andresponsibilities. The following are some of the LGUs and theDENRs roles under JMC 2003-01:

LGU:Provide the necessary funds to make the devolution,partnership and co-management work; approve and enactas ordinance the LGUs forest land use plan (FLUP); informDENR of the action taken by the LGU within 15 days fromthe date of receipt of document from DENR regarding anytenure application within the LGUs jurisdiction.

Issuing Authority:Initiate coordination meetings with theDILG and the LGU,provide technicalassistance to theLGU, approveLGUs FLUPs;deputize LGUofficials as

environmental andnatural resourcesofficers.

2. Communal Forests

Communal forest refers to a tract of forest land set aside by the

Secretary of the DENR upon the recommendation of theconcerned LGU for the use of the residents of a municipality/city.


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Governing Policies: RA 7160, DENR-DILG JMC 98-01

Who can Participate: Cities/municipalities

Rights, Privileges of Tenure Holder:Residents assigned bythe LGU to manage the communal forest may cut, collect andremove forest products for their personal use in accordance withexisting laws and regulations and subject to the provision thatutilization of resources shall be in accordance with sustainabledevelopment. For this purpose, the concerned LGU with theassistance of the DENR shall prepare sustainable operations

plan prior to any utilization.

Establishment of New Communal Forests: The establishmentof new communal forests shall be governed by the followingguidelines:

(a) DENR, through its CENRO, together with the concernedcity/municipal LGU shall jointly identify potential communal

forest areas within the geographic jurisdiction of theconcerned city/municipality.

(b) Communal forests to be established shall be identifiedthrough a forest land use planning to be undertaken jointlybetween the DENR and the concerned LGU. The ensuingFLUP shall indicate, among others, the site and location ofthe communal forests within the production forest

categorized as such in the FLUP.

(c) Once the FLUP has been affirmed, the local chief executiveshall initiate the passage by the LGUs Sanggunian of aresolution requesting the DENR Secretary to issue anadministrative order declaring the identified area as acommunal forest. The required administrative order shall beissued within 60 days after receipt of the resolution.


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(d) Upon acceptance of the responsibility for the communalforest, the city/municipal LGU shall formulate the manage-ment plan and submit the same to its Environment andNatural Resources (ENR) Council. The management planshall include provision for replanting by the communitiesand the LGUs of the communal forests to ensuresustainability.

Limit:The communal forests of each LGU shall in no caseexceed a total of 5,000 hectares.

3. Community Watersheds

Community watersheds refer to forest lands set aside by theSecretary of the DENR upon the recommendation of theconcerned LGU as sources of water supply for specific localcommunities subject to the provision that the utilization shall bein accordance with sustainable development.

Governing Policies:RA 7160, DENR-DILG JMC 98-01

Who can Participate:Cities/municipalities

Identification and Establishment of Community Watersheds:In accordance with RA 7160 which mandated the SangguniangBayan to provide for the establishment, maintenance, protection

and conservation of watersheds in their respective areas assources of water supply for specific communities, the followingguidelines shall be followed:

(a) DENR, through its CENRO, together with the city/municipalLGU shall identify potential watershed areas in the city ormunicipal territorial jurisdiction that can be sources of watersupply for specific communities.


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(b) Community watershed areas to be established shall beidentified through forest land use planning to be undertaken

jointly by the DENR and the concerned LGU. The FLUP

shall indicate, among others, the site and location of thecommunity watershed.

(c) Once the FLUP has been completed, the local chiefexecutive shall initiate the passage by the LGUsSanggunian of a resolution requesting the DENR Secretaryto issue an administrative order declaring the identified areaas community watershed as sources of water supply forspecific communities. The required administrative ordershall be issued within 60 days after receipt of the resolution.

Where there are already existing springs in forest areas inthe municipalities being used as water sources by thecommunities, the community and the LGU shall initiate thepassage of the Sangguniang Bayan resolution requestingthe DENR Secretary to issue the necessary administrativeorder.

(d) Upon acceptance of the responsibility for the communitywatershed, the local chief executive, in consultation with theENR Council, will prepare the Management Plan. Such planshall be submitted to the Sangguniang Bayan for approval.

For the purpose of formulating the community watershedmanagement plan, the DENR shall, in coordination with the

concerned LGU, undertake a forest resource inventory anddetermine the sustainable level of forest and waterutilization and provide the LGU technical and otherassistance in all aspects of forest management planning toensure sustainable development.


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ALLOCATIONTOADDRESSNEEDSFORPUBLICGOOD

This allows for the proclamation of watershed reservations, biodiversity reservesand other protected areas by the Philippine Congress, President of the Philippinesor the DENR to serve the interest of the public (e.g., protect sources of watersupply or hydro-electric power).

1. Declaration of Watershed Reservations, BiodiversityReserves, Other Protected Areas

Governing Policies:RA 758612(1992), RA 696713 (1990), EO19214(1987)

Authority to Declare/Proclaim:

Congress: The Congress can establish certain areas asprotected areas through legislation by virtue of RA 7586. It can

also allocate certain areas as forest reservations by virtue of RA6967.President of the Philippines:This takes the form ofPresidential issuance of proclamations such as declaring certainforest areas as forest reserves.DENR: The DENR is the primary government agency taskedwith natural resources and forest management.

Examples:

Mindanao: Pasonanca Watershed in Zamboanga City(Region 9), Mt. Kitanglad in Bukidnon (Region10), Mt. Apo National Park (Region 11), Mt.Matutum National Park (Region 12)

Visayas: Mt. Kanlaon National Park in Negros Occidental(Region 6), Mananga Watershed in Cebu

(Region 7)Luzon: Northern Sierra Madre Protected Area inIsabela (Region 2), Bazal-Baubo ProclaimedWatershed in Aurora (Region 3)


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ALLOCATIONTOOTHERGOVERNMENTAGENCIES

Allocation under this type includes academic research agreements, grants to statecolleges/university and government corporations as well as civil/militaryreservations.

1. Academic Research Agreement (ARA)

Governing Policies: RA 914715 (2001), EO 24716 (1995)

What is an ARA:It is an agreement entered into by andbetween the DENR and a duly recognized Philippine universityor academic institution, domestic governmental entity, inter-governmental entity or national government agency for thepurpose of undertaking academic and scientific researchesrelative to bio-prospecting.

Validity of the ARA: Valid for three years

Who Approves the ARA:PAWB Director approves and signsthe agreement.

2. Land Grants to State Colleges/Universities

Example:

a) Grant to the University of the Philippines Los Baos (UPLB)

of jurisdiction over the Mt. Makiling Forest Reserve

The management of Mt. Makiling in the province of Laguna ismandated to UPLB by virtue of RA 6967 (1989). The pertinentprovisions read:

Sec. 1. The entire forest reserve at Mt. Makiling in Laguna,ceded, transferred and conveyed to the University of the

Philippines pursuant to RA 3523 shall be administered andconserved primarilyas a training laboratory for theadvancement of scientific and technical knowledgeparticularly in the preservation, conservation, anddevelopment of our forest, flora and fauna and naturalresources.


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Sec. 2. The exclusive jurisdiction, administration andcomplete control of said forest reserve are hereby vested inthe University of the Philippines Los Baos.

3. Grants to Government Corporations

Examples:

a) The Department of Energy, through the National PowerCorporation and the Philippine National Oil Company, has

jurisdiction over some watershed areas, such as the TiwiGeothermal, Tongonan and Palimpinon [by virtue ofPresidential Decree (PD) 151517 of 1980 as emended by PD174918 of the same year].

b) EO 22419 (1987) also vests in the National PowerCorporation the complete jurisdiction, control andregulation over watershed areas and reservations thatsurround its power-generating plants and properties.

4. Civil/Military Reservations

Examples:

a) Civil reservations include the Manobo Civil Reservation andHigaonon Civil Reservation in Agusan del Sur.

b) Military reservations include Fort Magsaysay in Nueva Ecija

and Fort del Pilar in Baguio City.


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REFERENCES

1 EO 263 (Adopting Community-Based Forest Management as thenational strategy to ensure the sustainable development of thecountrys forest land resources and providing mechanisms for itsimplementation)

2 DAO 29 (Rules and regulations for the implementation of EO 263)3 RA 8371 (Indigenous Peoples Rights Act)4 DAO 2002-02(Establishment and management of Community-Based

Program in protected areas)5 DAO 99-53(Regulations governing the Integrated Forest

Management Program)

6 DAO 2003-21(Amending certain provisions of DAO 99-53)7 DAO 96-24(Rules and regulations governing the Socialized

Insdustrial Forest management Program)8 DAO 99-36 (Revised rules and regulations governing the

administration, management, development and disposition of forestlands for grazing purposes)

9 RA 7160 (Local Government Code)10 JMC 2003-01(Strengthening and institutionalizing the DENR-DILG-

LGU partnership on devolved and other forest management

functions)11 JMC 98-01(Manual of procedures for DENR-DILG-LGU partnership

on devolved and other forest management functions)12 RA 7586 (An act providing for the establishment and management of

National Integrated Protected Area System, defining its scope andcoverage, and for other purposes)

13 RA 6967 (An act to vest control, jurisdiction and administration of theforest reserve in Mt. Makiling in the University of the Philippines inLos Baos)

14 EO 192 (Providing for the reorganization of the Department ofEnvironmnet, Energy and Natural Resources, renaming it as theDepartment of Environmnet and Natural Resources)

15 RA 9147 (Wildlife Resources Conservation and Protection Act)16 EO 247 (Order prescribing guidelines and establishing a regulatory

framework for the prospecting of biological and genetic resources,their by-products and derivatives, for scientific and commercialpurposes; and other purposes)

17 PD 1515 (Vesting the jurisdiction and control over watershed

reservations in the Ministry of Energy and for other purposes18 PD 1749 (Amending PD 1515)19 EO 224(Vesting in the National Power Corporation the complete

jurisdiction, control and regulation over watershed areas andreservations surrounding its power generating plants and propertiesof said corporation)


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allocating forest lands - commonly issued allocation instruments

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