What is CBFM?
“People first and sustainable forestry
will follow” sums up the concept of CBFM. The Government
believes that by addressing the needs of local communities, they
themselves will join hands to protect and manage the very source
of their livelihood.
CBFM goals include promoting:
- Sustainable management of forest resources
- Social justice and improved well-being of local communities
- Strong partnership among local communities and the Department
of Environment and Natural Resources.
What is the scope of CBFM?
CBFM applies to all areas classified as forest
lands, including allowable zones within protected areas not covered
by prior vested rights.
The program integrates and unifies all people-oriented
forestry activities of the Integrated Social Forestry program,
Community Forestry Program, Coastal Environment Program, and Recognition
of Ancestral Domains.
What are the features of CBFM?
-
Security of Tenure. The Community-Based
Forest Management Agreement (CBFMA) entitles forest communities
to use and develop the forestland and resources for duration
of 25 years.
-
Social Equity. Social justice is a basic
principle underlying CBFM in granting forest communities and
comprehensive rights to use and develop forest resources.
-
DENR and LGU Partnership. DENR and LGUs
provide technical assistance to CBFM participants to help
them attain sustainable forest management.
-
Investment Capital and Market Linkage.
CBFM helps participants access investment capital, identify
markets, and build marketing capabilities.
Who can participate in CBFM?
The principal participants of the program are
local communities including indigenous people represented by their
People’s Organization (POs) and traditional tribal councils
whose members are:
- Actually tilling portions of the area to be awarded, or
- Traditionally using the resource for all or substantial portion
of their livelihood, or
- Residing in or adjacent to the areas to be awarded.
What are the roles of DENR & LGUs?
A strong DENR-LGU partnership is vital to the
success of CBFM. DENR and LGUs, in active collaboration with other
sectors, are working together to help strengthen local forest
communities in managing forest resources.
The DENR-LGU partnership in CBFM has resulted
in substantial LGU financial support for forestland use planning,
community organizing, technical training, and IEC.
DENR and the LGU:
- Identify potential CBFM sites, plan forest land uses with
communities, and endorse and issue CBFMAs
- Organize and prepare CBFM communities for a CBFMA
- Provide technical assistance and skills training for CBFM
communities
- Monitor progress and environmental impact of CBFM activities
What are the roles of POs?
PRIMER ON
FOREST LAND GRAZING MANAGEMENT AGREEMENT (FLGMA)
Present Regulation On Grazing Lands
The present regulation governing the administration,
management, development and disposition of grazing lands is the
Department Administrative Order (DAO) 99-36, Department Administrative
Order (DAO) 2000-23 (amended some provisions of DAO 99-36) and
Memorandum Circular (MC) 99-26 which is the implementing guidelines
of DAO 99-36. Said administrative issuances amended Ministry Administrative
Order (MAO) No. 50, Series of 1982.
Salient features of DAO 99-36
- The shift from the usual leasing system to production sharing
agreement in conformity with the provision in the 1987 Constitution;
- The classification of grazing areas into A, B and C, where
A is the most productive while C is the least productive;
- The increase of the annual rental/now government share; and
- The granting of incentives to grazing management holders vis-à-vis
their developments/improvements introduced in the grazing area.
What Is Forest Land Grazing Management Agreement?
Forest Land Grazing Management Agreement (FLGMA)
is a production sharing agreement between a qualified person,
association and/or corporation and the government to develop,
manage and utilize grazing lands.
Who May Apply?
- Citizens of the Philippines who are of legal age at the time
of the filing of the application;
-
Association, corporations, partnerships
and such other juridical persons as may be recognized and
registered in accordance with the laws of the Philippines
at least sixty percent (60%) of the capital of which is owned,
controlled and managed by citizens of the Philippines; and
-
Financially and technically capable.
Characteristics Of Land That Can Be Issued
Under Forest Land Grazing Management Agreement:
-
Extent – contiguous area of not less
than 250 hectares.
-
Topography – at least 75% of the
area must have a slope of not more than 50%.
-
Vegetative Cover – the dominant vegetation
is grass sufficient to support livestock and minimize soil
erosion.
-
Forage Production Capability – at
least 500 kilogram, air-dry, forage production per hectare
preferably measured during the maximum growth period.
-
Occupancy – area should be free from
established private right or claims, forest concession or
other forest licenses or permits, and forest occupancy and
other forest management agreement.
Requirements In Applying For A Forest Land Grazing Management
Agreement(FLGMA):
- Application Form duly accomplished;
- If applicant is a government employee, a written permission
from the Secretary or Head of Agency concerned;
- If applicant is a naturalized Filipino citizen;
-
A copy of certificate of naturalization
certified by the Clerk of Court of the CFI that issued same;
-
Certification by the Office of the Solicitor
General that it has not filed or taken any action for his
denaturalization or any action that may affect his citizenship.
4. If applicant is a partnership, 3 copies
of its articles of partnership certified by the Securities
and Exchange Commission;
5. If applicant is a corporation, 3 copies of:
- Its Articles of Incorporation;
- Its By-Laws;
- The minutes of the latest organizational meeting of its stockholders
electing the present members of the Board of Directors;
- The resolution adopted at said stockholders meeting electing
the present members of the Board of Directors, certified by
the Corporate Secretary;
- The minutes of the latest organizational meeting of the Board
of Directors, electing the present officers of the corporation,
certified by Corporate Secretary;
- The minutes of the meeting of the Board of Directors indicating
authority of the Officer to file the application in behalf of
the corporation.
(Note: The Articles of Incorporation must show
an understanding that there will be no transfer of stock that
will change the citizenship and capital structure of the corporation
and should there be any transfer of stock, it shall not be effected
without approval of the Secretary, upon recommendation of the
Director.
All the above corporate documents must be certified
to be on file with the Securities and Exchange Commission, and
the certification must be signed by the authorized Officer of
the said Commission.)
6.If the applicant uses a name, style or trade name, other than
its true name, 3 copies of the Certificate of Registration of such
name style or trade name with the Bureau of Domestic Trade, certified
by the authorized officer of said Bureau;
7. Applicant’s Income Tax Return for the preceding year,
in 3 copies if he/she/it was already in existence at the time
and required to file said return;
8. Application fee (P 10.00 for every hectare or fraction thereof)
9. Oath fee (P 30.00, If oath is administered by Forest Officer,
pursuant to DAO 18, Series of 1993);
10. Inspection/survey fee (P 300.00 per hectare);
11. Certification of the Barangay Captain, attested by the Municipal
Mayor who have political jurisdiction over the area as to the
presence or absence of settlers/squatters/IPs;
12. Initial Environmental Examination (IEE)/Environmental Impact
Assessment (EIA);
13. Five Year Operational Plan;
14. Twenty Five-Year Grazing Management Plan;
15. Capitalization (Bank and/or cattle ownership at one head
per five hectares or P 2,000.00 per ha.);
16. Bond deposit: a. Cash bond of P 500.00 per hectare or fraction
thereof or Surety Bond with a term of five (5) years
17. Affidavit of the applicant that he is not a dummy of any
person, group or corporation;
18. Affidavit of 2 disinterested persons that the applicant is
not a dummy of any other person, group or corporation;
19. Certification from the Range Management Officer attested
by the CENR Officer that the area is free from squatters or claim
of IP; and
20. Original and 10 blue print copies of the Sketch of the area
covered by the proposed Forest Land Grazing Management Agreement
(FLGMA).
Processing Procedure In The Issuance Of Forest Land Grazing Management
Agreement:
Application for Forest Land Grazing Management
Agreement is filed in the CENR Office where the applied area is
located. With applicant or his authorized representative, the
area is inspected, evaluated/ assessed and the corresponding inspection/assessment
report is submitted. If the area is vacant, suitable and available
for grazing purposes, the applicant is required to submit the
requirements and together with the inspection report, the application
is forwarded to the Regional Executive Director, through the PENR
Officer.
In the Regional Office, the application covering
an area that is not vacant or available is rejected; and the application
which covers an area that is vacant, available and suitable for
grazing is processed and after completion of requirements by the
applicant, a Forest Land Grazing Management Agreement for 25 years
is prepared and forwarded to the DENR Secretary, Quezon City,
for approval.
At the Central Office, the Forest Land Uses Division
of the Forest Management Bureau reviews the case, checking carefully
all the requirements, and if they are all in Order, the said management
agreement is finally recommended to the Secretary for approval.
Who Approves Forest Land Grazing Management Agreement?
Forest Land Grazing Management Agreement –
DENR Secretary pursuant to Department Administrative Order No.
36, Series of 1999.
Responsibilities of FLGMA Holders after the Issuance of the Management
Agreement:
- Develop and improve the area by planting high yielding grasses
legumes.
- Reforest at least 10% of the leased area.
- Put up and maintain the required number of animal units of
cattle based on the computed grazing capacity of the area.
- Fence the perimeter of the area and divide the same into compartments
to allow rotation grazing.
- Protect the area from entry of squatters and occupants.
- Construct the necessary structural range improvements.
- Pay the corresponding rental/government share.
- Submit Annual Grazing Report.
Go Top
PRIMER ON INTEGRATED FOREST MANAGEMENT
Industrial Forest Plantation refers to any tract of forestland
planted to tree crops primarily to supply the raw material requirements
of existing or proposed wood processing and energy generating
plants, and related industries.
It has its early beginning in 1975 as Industrial
Tree Plantation (ITP) with the promulgation of PD 705 otherwise
known as the “Revised Forestry Reform Code”. The implementing
guidelines for which were provided in Ministry Administrative
Order No. 04, series of 1980. The areas available then were the
open, denuded and inadequacy stocked residual natural forest areas
within the concession.
It was renamed as Industrial Forest Management
(IFM) since its coverage has been expanded to allow the planting
of non-timber products like bamboo, rattan and rubber. Likewise,
the activities under the program was expanded to include not just
the industrial plantation development and related activities but
also the management and protection of the natural forest. (Embodied
under DAO No. 42, series of 1992 and DAO No. 4, series of 1997.
Recently, under DAO 99-53 which superseded and
repealed DAO Nos. 91-42, 94-60, and 97-04, Industrial Forest Management
Agreement was again renamed as Integrated Forest Management Agreement
(IFMA).
An IFMA is a production sharing contract entered
into by and between the DENR and a qualified applicant wherein
the DENR grants to the latter the exclusive right to develop,
manage, protect and utilize a specified area of forestland and
forest resources therein for a period of 25 years and may be renewed
for another 25-year period, consistent with the principle of sustainable
development and in accordance with an approved Comprehensive Development
and Management Plan (CDMP), and under which both parties share
in its produce.
As of 31 December 2001, 185 IFMAs were issued
with an aggregate area of 612,728 hectares, out of which, a total
of 124,368 hectares have been planted.
What are the objectives of an IFMA?
1. Attain a balanced, productive, and effectively functioning
forest ecosystem thru the sustainable management of forests and
the rehabilitation of degraded forestlands;
2. Ensure continuous supply of wood and non-wood products by
encouraging all sectors to engage in the development of Industrial
Forest Plantations;
3. Improve the economic well-being of upland people and communities
dependent on forest resources by ensuring equitable access to
forest resources.
What are the areas available for IFMA?
1. Open and denuded lands, brushlands, degraded residual natural
forest;
2. Areas covered by cancelled/expired Forest Land Grazing Agreement
or pasture permits or leases;
3. Government reforestation projects or portions thereof found
to be more suitable as IFP;
4. Production residual natural forest that may be best included
in the aforementioned area; and
5. Areas under cancelled and expired TLAs; provided, areas under
existing TLAs may be allowed for conversion to IFMA.
What are the sizes of the areas allowed for IFMA?
1. Minimum of 500 hectares and the maximum size may depend upon
the capability of the applicant to develop and manage to productive
condition, but not to exceed 40,000.
2. For TLA conversion into IFMA, the size of the IFMA area may
extend up to the size of the TLA area at the time of conversion.
Who are qualified to apply for an IFMA?
1. Filipino citizen of legal age; or,
2. Partnership, cooperative or corporation whether public or
private, duly registered under Philippine laws;
3. TLA holders who have signified their intention to convert
their TLA prior to the expiry of the TLA, provided that the TLA
holder has showed satisfactory performance and have complied with
the terms and conditions of the TLA and pertinent rules and regulations.
What are the application requirements?
1. Application fee in the amount of P0.50/ha. and survey fee
of P50.00/ha., plus actual transport cost of the survey team from
the official station to the site in consonance with the provisions
of DAO No. 93-18.
2. For corporation, partnership, association or cooperative:
a. Certified copy of Certificate of Registration with the Securities
and Exchange Commission (SEC) and/or the Cooperative Development
Authority (CDA);
b. Articles of Incorporation and By-Laws and a list of present
officers and stockholders, duly certified by the Board Secretary.
c. Audited financial statements for two (2) preceding years,
if the applicant was already in existence; and
d. A Resolution authorizing any of the officers to file the application
in behalf of the corporation, partnership, association or cooperative
duly certified by the Board Secretary.
What is the procedure in the processing of IFMA applications?
1. In the Community Environment and Natural Resources
Office (CENRO) except in the case of TLA conversion into IFMA,
the CENRO shall accept and process IFMA application on a first-come-first-serve
basis; verifies if area is included in the approved IFMA site
and the availability thereof per the Registry. Conducts field
inspection and thereafter, prepares the IFMA in the prescribed
form and shall endorse the application documents to the PENRO
with his recommendation for approval; otherwise, same shall be
returned to the applicant with his comments.
2. In the Provincial Environment and Natural
Resources (PENRO) shall within five (5) working days from receipt
thereof evaluate/review the documents and if found in order, shall
endorse the same to the RED concerned with his recommendations
for approval, otherwise, same shall be returned with his comments
to the CENRO concerned for further action.
3. At the Regional Environment and Natural Resources
Office (RENRO) the RED shall evaluate/review the application documents
within five (5) working days from receipt thereof. If in order,
shall forward the IFMA, together with all application documents
and his recommendations for approval to the Secretary; thru the
FMB director; otherwise, same shall be returned by the RED with
his comments to the CENRO concerned for further action.
4. At the Forest Management Bureau (FMB), the
FMB Director shall within five (5) working days evaluate and review
the application documents. If all are found in order, shall recommend
to the Secretary the approval of the IFMA; otherwise same shall
be returned by the FMB Director with his comments to the concerned
RED, copy furnished the Secretary.
5. At the Office of the Secretary (OSEC), the
Secretary may approve or disapprove the IFMA afterwhich the notice
of approval shall be sent to the applicant, copy furnished the
FMB, RENRO, PENRO, CENRO and LGUs concerned.
When is an Initial Environment Examination (IEE) required?
An IEE is required after the IFMA has been awarded
in order to identify the environmental impacts that have to be
addressed in the development of IFP.
What are included in the IEE checklist to be prepared?
1. Brief description of the project and its process of operations;
2. Description of the environmental setting and receiving environment
including primary and secondary impact areas;
3. Description of the environmental and socio-economic impacts
of the project;
4. Matrix of the mitigation/enhancement measures;
5. Consultation and discussion with upland communities
and indigenous peoples within the IFMA area about the socio-economic,
political and cultural impacts of the project;
6. Documentation of the consultative process
undertaken and agreements that shall be followed;
7. Discussion on gender issues with significant
impact on women, including their roles/participation in project
implementation; and
8. Accountability statements of the proponents
and preparers.
What are the responsibilities of the IFMA holders?
The IFMA holder shall have the following responsibilities:
1. Conduct delineation and marking on the ground
of the perimeter boundaries of the IFMA including timber inventory
at 5% intensity.
2. Submit Comprehensive Development and Management
Plan (CDMP) within one (1) year from the date of approval of the
IFMA and an Initial Environment Examination (IEE).
3. Submit to the FMB within one (1) year from
date of award of the IFMA and every five (5) years thereafter,
up-to-date aerial photos or landsat imageries including interpretation
map covering the entire IFMA area which can be waived if there
is no natural forest and the area regardless of vegetative cover
is less than 5,000 hectares.
4. Implement the mitigation/enhancement measures
in the IEE and comply with ECC conditions.
5. Plant timber species but not excluding rubber,
durian, rattan and bamboo.
6. Limit planting of agricultural crops to 10%
of the IFMA area.
7. If included in the CDMP, convert the degraded
residual natural forest into productive state, either thru a)
enrichment planting, Timber Stand Improvement and assisted natural
regeneration; b) establishing plantations if rattan or other suitable
non-timber species; and/or c) clearing of natural vegetative and
establishing IFP.
8. Manage and protect production residual forest
and if authorized in the approved CDMP harvest and utilize naturally
grown trees on a sustainable basis.
9. No timber harvesting within old growth on
protection forest such as those areas with more than 50% slope
and 20 meters on both sides of rivers and streams.
10. Reforest open/denuded lands found within
areas classified as protection forestlands and within 20 meters
strips from both sides of river banks.
11. Protect and conserve unique, rare and endangered
flora and fauna.
12. Construct permanent structure and roads within
the IFMA area only in accordance with the approved CDMP and Operations
Plan (OP)/
13. Employ as many experienced registered forester
as may be required.
14. Submit Annual Accomplishment Reports.
What are the responsibilities of the DENR?
The DENR shall have the following responsibilities:
1. Ensure that all prescribed requirements are strictly complied
with;
2. Make available to IFMA holder all information
it possesses on the area;
3. Assist the IFMA holder and host communities
in the development and execution of mutually beneficial agreements.
4. Not after or modify the boundaries or legal
status of any IFMA area, once established, settle boundary conflicts;
5. Promote and/or approve joint venture, financing
and/or securitization schemes.
Is the IFMA holder entitled to receive compensation?
Yes. The government shall compensate the IFMA
holder for the fair market value of permanent improvements introduced,
such as plantation forest crops remaining in the area upon:
- expiration of the IFMA
- termination of the IFMA when public interest demands; or
- reduction of the IFMA area for right-of-way or when public
interest demands
And if the government retracts, for reasons other
than cause, IFMA holder’s rights to carry out harvest in
residual natural forest, in accordance with the approved CDMP.
What are the incentives for the IFMA holder?
1. May interplant secondary crops between trees
within areas designated for IFP.
2. All trees and other crops established pursuant
to the IFMA belong to the IFMA holder who shall have the right
to harvest, sell and utilize such trees and crops.
3. Allow the IFMA holder without restriction
to export logs, lumber and forest products derived from IFMA area;
provided that logs harvested from naturally growing trees (not
planted) in the IFMA area and the lumber manufactured from such
logs will not be exported.
4. All plantation products derived from an IFMA
area shall be exempted from forest charges; provided, that logs
from trees growing naturally (not planted) and other forest products
naturally growing in an IFMA as well as logs from trees planted
in compliance with TLA reforestation obligations of TLAs shall
be subject to forest charges stipulated in RA 7161.
5. Entitlement to all relevant incentives provided
for under the Omnibus Investment Code and to all applicable incentives
enumerated under Section 36 of PD 705, as amended.
6. Transfer developed plantations that are at
least three (3) years old to a cooperative upon fair compensation
or payment thereof by the cooperative itself or through a financing
institution or to open up public investment.
7. Use stable plantation crops that are at least
three (3) years old as collateral or security for loans offered
by the government development banks, financial institutions, or
government-owned and controlled corporations.
8. IFMA holders who has satisfactorily complied
with the terms and conditions of the IFMA may be allowed an additional
area to be existing IFMA area or a new IFMA but not to exceed
40,000 hectares.
What offices will be contacted for technical assistance?
1. Community Environment and Natural resources Office (CENRO);
2. Provincial Environment and Natural Resource Office (PENRO);
3. DENR Regional Environment and Natural Resource Office (RENRO);
and
4. Forest Management Bureau (FMB), Diliman, Quezon City
PRIMER ON SOUTHERN PHILIPPINES IRRIGATION
SECTOR PROJECT WATERSHED MANAGEMENT SUB-COMPONENT(SPISP-WMS)
2002-2005
Background:
The Watershed Management Sub-component of the
Environmental and Social Measures of the NIA led Southern Philippines
Irrigation Sector Project (SPISP). SPISP-WMS is implemented by
the Department of Environment and Natural Resources.
Funded by the Asian Development Bank (ADB), SPISP-WMS
is a five-year project that primarily aims to maintain or improve
the hydrologic integrity of the watershed areas, thus, avoids
any depreciation of the downstream benefits of the downstream
benefits of the irrigation of the downstream benefits of the irrigation
systems.
This sub-component envisions attaining
the following specific objectives:
- Control accelerated soil erosion from cultivated farms of watershed
occupants;
- Assist upland farmers in maintaining and/ or improving indigenous
farm practices that are soil and water conservation friendly;
- Maximize use of limited resources for watershed management
activities;
- Protection of remaining forested areas including established
plantations;
- Provide potential livelihood;
Project Area:
Core Project Sites:
-
Can-asujan Watershed, Carcar,Cebu;
-
Calayagon Watershed, Buenavista, Agusan del Norte;
-
Gibong Watershed Prosperidad, Agusan del Sur
Non-Core Project Sites:
- Magballo Watershed, Kabangkalan,Negros Occidental;
- Dauin (Llipayo) Watershed,Dauin, Negros Oriental;
- Aclan-Amontay Watershed, Nasipit, Agusan del Norte;
- Cabadbaran Watershed, Cabadbaran, Agusan del Norte
- (Canaway) San Roque Watershed, Kitcharao,Agusan del Norte;
- Logum-Baobo Watershed, Veruela, Agusan del Sur and Laak,Compostela
Valley;
- Cantilan (Carac-an) Watershed, Madrid, Surigao del Sur;
- Rugnan Watershed, Lumba-Bayabao, Lanao del Sur (ARMM)
Major Activities:
- Survey – Conduct watershed boundary delineation using
GIS based generated maps
- Information and Education Campaign – disseminate information
to the community through printed media, billboards and video documentation.
- Community organizing – with assistance from DENR field
offices and concerned LGUs, this aims to form and strengthen each
barangay
- Nursery operation – Establishment of community based
nurseries and seedling production areas
- Watershed rehabilitation and protection – Management
strategy to control soil erosion, which aims to reforest degraded
watershed and prevent illegal cutting of vegetation
- Monitoring and Evaluation – Keep track of the progress
of the project in relation to the approved management plan
Guiding Principles in the Management of
the Watershed
- Holistic, integrated ands following the watershed continuum
Any management and development activity will
have an immediate or long term impact on the soil, water and other
watershed resources on the three environments: mountain, lowland
and sea.
- Multiple-use oriented management
Based on the premise that the watershed can be managed to provide
several goods and services essential to society
-
Multi-sectoral and interdisciplinary planning
Emphasize multi-dimensional and participatory nature of watershed
management and development planning by providing multiple goods
and services for the benefit of various publics and stakeholders.
- Sustainability
Provide continuing benefits to most if not all stakeholders for
both present and future generations.
- Participative and equitable
Promote and recognize the “sense of belonging” among
the stakeholders in various aspects in the management of the watershed.
- Efficiency in resource use
Maximize benefits (socio-economic, environmental) and maximize
cost as well.
PRIMER ON
SOCIALIZED INDUSTRIAL FOREST MANAGEMENT AGREEMENT (SIFMA)
The urgency of establishing forest plantation
in the Philippines is well documented and undeniable in view of
the increasing need for wood and other forest products and the
need to protect the fragile forest ecosystem. This has been felt
not only by the government but also by the different sectors of
the society.
Over a 25-year, the country envisions to establish
3 million hectares of forest plantation in order to augment the
wood supply from the sustainably managed residual forest. This
is an enormous task needing a huge amount of money which could
hardly be undertaken by the government alone. Thus, the participation
of the private is being encouraged.
A prerequisite for a successful plantation program
is to put the plantation under proper management as soon as possible.
In this regard, the country’s forestry master plan has recognized
the significance of involving the local communities, families,
and individuals in the establishment management of tree plantations.
It is this context that the Socialized Industrial
Forest Management Agreement (SIFMA) was launched by virtue of
Department Administrative Order (DAO) No. 24, Series of 1996,
the detailed of which are discussed in this Primer.
What Is Socialized Industrial Forest Management Agreement
(SIFMA)?
It is an agreement entered into by and between
a natural or juridical person and the DENR wherein the latter
grants to the former the right to develop, utilize and manage
a small tract of forestland consistent with the principle of Sustainable
development.
What Are The Objectives Of SIFM Program?
1. To increase supply of wood and other forest products;
2. To accelerate reforestation and rehabilitation
of the country’s open and denuded forest lands and effective
protection of existing natural forest.
3. To conserve soil and water biodiversity and enhance environmental
condition in general;
4. To generate additional sources of income and livelihood and
help in the economic upliftment of the people in the upland; and
5. To have more equitable access to forest resources development.
What Are The Areas Available For SIFMA?
Grasslands, brushlands and open and denuded forestlands
under the jurisdiction of the DENR, including government reforestation
projects that are not otherwise classified under the National
Integrated Protected Areas System (NIPAS) nor subject of Certificate
of Ancestral Land Claim (CALC), vested rights, licenses, permits
or management agreements.
Who Are Qualified To Apply For SIFMA?
1. Individual/single family units who are Filipino
citizens, of legal age and preferably residents of the municipality
where the area is located.
2. Cooperatives and associations whose members
are Filipino citizens residing in the province where the SIFMA
site is located.
How Is The Management Of The Area Awarded To Qualified
Applicants?
It is awarded to qualified applicant on a first-come, first-serve
basis. It shall be issued in the name of the applicant, provided
that in case of married individuals, it shall be issued in the
name of both spouses.
What Are The Application Requirements?
1. A filing fee in the amount of:
P500.00 – for applications covering 1 to 5 ha.
P1,000.00 – for applications for areas over 5 ha. to
10 ha.
P5,000.00 – for applications for areas over 10 ha. to
100 ha.
P7,500.00 – for applications for areas over 100 ha. to
300 ha.
P10,000.00 – for applications for areas over 300 ha.
to 500 ha.
Filing fees may be adjusted upon review.
2. Sketch map of the area
3. For individuals/family units
3.1 Community Tax Certificate
3.2 Certification from the Barangay Captain and
Municipality/City Mayor that the applicant is a resident of the
area where the site is located.
3.3 If a government employee, authorization from
the head of the department or agency where the applicant is employed.
4. For cooperatives/associations
4.1 Certified true copy of the Certificate of Registration with
the Cooperative Development Authority (CDA) or Securities and
Exchange Commission (SEC).
4.2 List of duly elected officers and members and their addresses,
duly certified by the board Secretary.
4.3 Resolution/minutes of meeting, duly certified by the Board
Secretary, indicating the cooperative or association’s interest
in participating in the program.
What Is The Procedure In Processing Issuance Of SIFMA
Applications?
1. In the CENRO
1.1 Application is accepted and processed on a first-come,
first-served basis.
1.2 Qualification of the applicants and the completeness of
the documents are checked.
1.3 Applied area is verified if available and within the approved
areas for SIFMA.
1.4 Validation is conducted with regard to the actual condition
of the area.
1.5 Application is forwarded to the PENRO.
2. In the PENRO
2.1 Application is reviewed and evaluated.
2.2 SIFMA is prepared in the prescribed format and approved
if area cover 1 to 10 hectares. For bigger areas, application
is forwarded to the RED.
3. In the Office of the RED
3.1 Application documents are checked and evaluated.
3.2 Application is approved; otherwise, a notice denying the
application shall be issued.
What Are The Incentives To The SIFMA Holders?
1. All planted trees belong to the SIFMA holder
who shall have the right to harvest, sell and utilize such trees
and crops, except those retained for environment purposes;
2. Export of logs, lumber and other forest products harvested
from the SIFMA shall be allowed by the DENR in accordance with
the government allocation system;
3. All plantation products derived from the SIFMA
area shall be exempted from payment of the forest charges;
4. Participants in this program who are actual
occupants shall be given priority in the event rules, regulations
or laws in the future shall allow a more permanent tenurial arrangement;
5. No restrictions on the use of the SIFMA and
the improvements in the SIFMA area, as collateral for obtaining
loans for the improvement of the SIFMA area, provided, that there
is prior approval of the issuing authority of the SIFMA; and
6. Technical assistance should SIFMA holders wish to confederate
into a larger organization.
What Is The Actual Rental To Be Paid By The SIFMA Holder
For The Use Of The Land?
Annual rental is paid under the following schedules:
1st to 5th year of SIFMA – no rental
6th to 10th year – 300 per ha.
11th year & thereafter – 500 per ha.
What Offices Will Be Contacted For Technical Assistance?
1. Community Environment and Natural Resources Office (CENRO)
2. Provincial Environment and Natural Resources Office (PENRO)
3. DENR Regional Environment and Natural Resources Office (RENRO)
4. Forest Management Bureau, Diliman, Q.C.
PRIMER ON SPECIAL LAND USE PERMITS &
LEASES
Background
The Forest Land Uses Division is a unit under
the Forest Management Bureau which is tasked in formulating and
recommending policy guidelines for the proper conservation, management
and protection of forest lands and rangelands; issuance of permits/leases;
preparation of development plans for grazing, industrial tree
plantation and other special land uses and the establishment and
maintenance of forage seed production areas. It shall recommend
guidelines for the evaluation of performance of range, industrial
forest plantations, tree farms, agro-forest farms and other special
land uses; and perform other related functions that maybe assigned
by higher Authority.
What are the Special Uses of Forest Land?
1. Bathing Establishment
2. Hotel Site
3. Campsite
4. Right-Of-Way
5. Saltworks
6. Sanitarium
7. Sawmill Site
8. Lumberyard
9. Timber Depot
10. Logging Campsite
11. Lime and Charcoal Kiln
12. Communication Station Site
13. Road Right-of-Way
14. Mining Waste Disposal Site
15. Nipa Plantation
16. Logpond
17. Other Lawful Purposes
What Are The Types Of Other Lawful Purposes (OLPs)
1. Landing site (boat, plane, etc)
2. Bodega/warehouse
3. Drydock site
4. Culture site (seaweeds, crab, shrimps, etc.)
5. Mill site (copper, iron, etc.)
6. Coal depot site
7. Store site
8. Duck raising site
9. Gas station site
10. Transportation terminal site
11. Fish drying site
12. Veneer plant site
13. Mini golf site
14. Motor pool site
15. Nursery site
16. Machine shop & junk yard
17. Ore crushing site
18. Power plant
19. Piggery and poultry
20. Summer resort site
21. Shipbuilding site
22. School site
23. Recreation complex site
24. Other Special Uses
What is the Maximum Area Allowed Under Each Special Use
Permit/Lease?
1. Bathing Establishment - 24 hectares
2. Private Campsite - 24 hectares
3. Sanatorium - 24 hectares
4. Communication Station Site - 6 hectares
5. Sawmill Site - 24 hectares
6. Lumberyard - 24 hectares
7. Saltworks - 24 hectares
8. Road Right-of-Way - 200 hectares
9. Right-of-Way - 200 hectares
10. For Hotel Site - 6 hectares
11. Timber Depot - 24 hectares
12. Logging Campsite - 24 hectares
13. Other Lawful Purposes - 6 hectares
14. Other Special Uses - 24 hectares
15. Lime and Charcoal Kiln - 24 hectares
What are the Requirements for Special Use Permit/Lease?
1. Application form duly accomplished and notarized (3 copies).
2. Proof of payments of:
2.1 Application fee - P300.00 per application for all Special
Land Use
2.2 Annual Rental
PERMITS
a) Below 1 hectare - P/70.00
b) 1 hectare to 5 hectares - P/150.00/ha.
c) Over 5 hectares - P/250.00/ha.
d) The rentals shall be subject to change based on the appraisal
or re-appraisal of the land under lease and its improvement. If
an appraisal or re- appraisal has been made, it hall not be less
than three per centum (3%)of the appraisal or re-appraisal value
of the land and one per centum (1%) of that of improvement. Provided,
that should the term of the lease be 25 years, a re-appraisal
may be made every five (5) years thereafter.
2.3 Forestry Bond - Twice the amount of annual rental.
3. Copies of Incorporation Papers duly certified
as true and correct by the Securities and Exchange Commission,
if applicant is a partnership or corporation (2 copies).
4. Marital consent if applicant is a married woman (2 copies).
5. Environmental Compliance Certificate (ECC),
if the applied area is within declared environmentally critical
area or considered as environmentally critical project enumerated
under Proc. 2146 dated December 14, 1981.
6. Written consent/permission from Department
Head, if applicant is a government employee (3 copies).
7. Inspection report together with survey returns
(sketch map and field notes).
8. Xerox copies of Income Tax Return during the
two (2) preceding calendar year (2 copies)
9. Business Plan/Program for the year (3 copies)
Who May Apply?
Citizens of the Philippines who are at least
18 years of age at the time of the filing of the application,
and association, corporation, partnership and such other juridical
persons as maybe recognized and registered in accordance with
the law of the Philippines; at least sixty (60%) percent of the
capital of which is owned, controlled and managed by the citizens
of the Philippines.
Approving Authority For Special Forest Land Use Permit:
1. CENRO - .01 ha - .99 ha
2. PENRO - 1.0 ha - 5.0 ha
3. RTD (for Forestry) - over 5 ha - 49 ha
4. RED - 50 ha - 99 ha
5. Asec (Field Operations) - 100 ha - 500 ha
6. Usec (Field Operations) - Over 500 ha
Approving Authority For Special Forest Land Use Lease
The approving authority for special land use lease is still vested
to the Secretary, DENR, regardless of the kind of use or uses
and area coverage.
NOTE: Road Right of Way (RRW), which
will involve cutting of trees, is to be approved by the Secretary.
What Is A Civil Reservation?
Civil Reservation refers to a forestland that
have been proclaimed by the President of the Philippines for a
specific purpose such as Townsites, Resettlement Areas, Ancestral
Lands, etc.
What Are The Required Documents For Areas Proposed As
Civil Reservations And Other Reservations?
1. Request for reservation by the reservee;
2. Comments/recommendation of the Department or Provincial Head
and LGU concerned;
3. Actual survey of the land to be reserved and
to be duly approved by the Regional Technical Director for Lands
concerned and with Approved Plan;
4. Map with verified and certified correct technical descriptions;
5. Certified photographs (or visual documentation)
showing panoramic view of the area subject of the proposed proclamation
as well as adjacent areas/vicinities, improvements introduced,
landmarks, identifying features, settlements, if any, etc.;
6. Land Classification or Municipal Index Map
projecting the area covered by the proposed proclamation and land
uses of the area and surrounding vicinities within two-kilometer
radius;
7. Report pursuant to M.C. No. 28 dated January
19, 1993 following the tenets of Completed Staff Work (CSW), a
Draft memorandum incorporating the justification, legal basis,
coordination with concerned agencies and their comments and potential
problem/s, if any. In the case of watershed reservation, the setting
up of Watershed Management Councils is a requisite.
8. Narrative Report of Investigation with recommendation
to be officially endorsed to the Secretary by the Regional Executive
Director thru the Undersecretary for Field Operations.
Approving Authority For Civil Reservation And Other Reservation:
The approving authority for proclamation of civil
reservations and other reservations shall be the President of
the Philippines upon recommendation of the DENR Secretary.
What Are The Processes Involved?
1. The application for Special Land Use and proposed
reservation shall be filed with the Office of the Community Environment
and Natural Resources Officer (CENRO), where the area applied
for is located.
2. Upon receipt of the application, the CENRO
shall instruct his technical personnel to inspect the area applied
for and check the status of the same.
3. Technical report submitted by the inspectors/
evaluators under Item No. 2 should be reviewed by the CENRO concerned.
If found in order, draft permit shall be prepared and issued,
provided the area applied for falls within his jurisdiction, otherwise,
endorsed it to higher authorities who have jurisdiction over same
for approval.
4. Application for other areas within the jurisdiction
of the PENRO, RTD, RED, or DENR Top Officials (Undersecretaries/DENR
Secretary) shall be approved by said authorities if same is found
in order, otherwise denies same.
Go Top
|