132 : Special Forest Landuse Agreement (FLAg)

Overview

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

Main Governing Policies DENR Administrative Order No. 2004-59; DENR Administrative Order; No. 2004-16; DENR Administrative Order No. 2021-02
Qualified Participants [3]
  • A Filipino citizen of legal age
  • An association, corporation, cooperative or partnership or juridical person, at least 60% of its capital is owned by Filipino citizens, duly created and/or registered under Philippine laws
Period of Tenure [3] 25 years, renewable for another 25 years
Application Requirements* [2,3]
  • Accomplished application form and payment of application fee
  • Map of the area subject of the application
  • Proof that the applicant is a legitimate entity:
    • For individual, certified copy of birth certificate, or if applicant is a naturalized Filipino citizen, a certified copy of Certificate of Naturalization
    • For an association, corporation, cooperative or partnership, certified copy of registration from the appropriate registering agency, and Articles of Incorporation/Partnership and board resolution of authorized representation
  • Indicative Management Plan
  • Appropriate clearance from NCIP, if area is covered by CADC/CALC/CADT/CALT
  • Clearance from the PCSD, if the area is in Palawan
  • BIR Certification on the zonal valuation of the nearest commercial zone of the Barangay/Municipality of Province whichever is higher of the area proposed for FLAg
  • Proof of financial capability to develop and manage the area applied for
  • Endorsement from Local Government Units (LGUs) in the form of Resolution issued by the concerned Sangguniang Barangay/Bayan/Panlalawigan
  • Water Permit from the NWRB (for hydroelectric power projects)

*Should be the original form or certified true copy of the documents duly certified by the issuing Office or Agency
Available Areas [3] Forestlands not classified as protected areas and without any existing tenure or management agreement with other government agencies
Allowed Area Uses [3]
  • Bodega/Warehouse
  • Drydock site/shipbuilding
  • Industrial Processing Site
  • Herbal/ Medicinal Plantation
  • Nipa Plantation
  • Fish Drying Site
  • Other Lawful Purposes
  • Communication Station Site
  • Landing Site (air strip)
  • Log Pond/Log Depot Site
  • Lumberyard
  • Mineral Storage/Crushing Site
  • Mining Waste Disposal Site
  • Motor Pool Site
  • Plant Nursery Site
  • Power Station Site
  • Right of Way
  • School Site
  • Water Reservoir or Impounding Dam
Where to Apply [3] Community Environment and Natural Resources Office
Approving Authority [4] DENR Secretary
Applicable Fees [2,3,5]
  • Application Fee
  • Government Share/User’s Fee
  • Surcharges
  • Performance bond
Development Plans [3] Comprehensive Development and Management Plan
Tenure Holder Responsibilities [3]
  • Protection, rehabilitation and conservation of forestlands and resources within its designated area
  • Delineate and mark on the ground the boundaries of the FLAg and its sub-areas subject to the verification of the DENR
  • Prepare and implement the Comprehensive Development and Management Plan (CDMP)
  • Submit an Annual Report of activities showing developmental activities undertaken in accordance with the CDMP
  • Follow forest and environmental laws, policies, rules and regulations (e.g., Clean Water Act, Solid Waste Management Act, Wildlife Act, easement, etc.)
Prohibited Activities [1,3]
  • Violation of the terms and conditions or failure to comply with, or perform the obligations imposed in the management agreement or pertinent laws, policies, rules and regulations affecting the exercise of privilege granted therein
  • Abandonment of the area
  • Encroachment of an area other than that covered by the management agreement
  • Allowing other person/s to use the area or using the area for purposes not specified in the management agreement
  • Cutting of trees along river banks, creeks, streams, public roads and other identified critical area
  • Cutting of naturally growing trees
Transfer [3] A FLAg holder may transfer FLAg or any rights therein or any assets used therewith, if authorized by the Secretary, and if:

  • The FLAg has been in existence for at least three (3) years
  • The FLAg holder has faithfully complied with all the terms and conditions of the FLAg, including the implementation of CDMP
  • The transferee is qualified to hold a FLAg area
  • The transferee shall assume all obligations and responsibilities of the transferor specified in FLAg, CDMP and ECC

Flow Chart

Policy References

Main Policies

The following are the existing policies used as references in this index:

Code Policy No. Policy Title Date Signed Signatory
1 EO No. 23 series of 2011 Declaring a Moratorium on the Cutting and Harvesting of Timber in the Natural and Residual Forests and Creating the Anti-Illegal Logging Task Force 2011 Feb 1 Pres. Benigno Aquino III
2 DAO 2004-16 Prescribing the Revised Schedule of Forestry Administrative Fees 2004 Jun 15 Sec. Elisea G. Gozun
3 DAO 2004-59 Rules and Regulations Governing the Special Uses of Forestlands 2004 Aug 31 Sec. Elisea G. Gozun
4 DAO 2016-07 DENR Manual of Authorities on Technical Matters 2016
May 19		 Sec. Ramon J.P. Paje
5 DAO 2021-02 Amending Certain Provisions of DENR Administrative Order (DAO) No. 2004-28 and DAO 2004-59 RE: Rules and Regulations Governing the Use of Forest Lands for Tourism Purposes and Rules and Regulations for the Special Uses of Forest Lands 2021 Mar 04 Sec. Roy A. Cimatu

Other Policies

The following are other existing policies/issuances related to FLAg:

Policy No. Policy Title Date Signed Signatory
DENR Memorandum No. 148 25-Year Forestry Leases, Permits, Contracts and Related Agreements 2006 Apr 10 Sec. Angelo T. Reyes
DENR Memorandum No. 537 Lifting of Suspension in the issuance of Special Land-Use Permits (SLUPs) including Other Lawful Purposes (OLPs) 2013 Nov 29 Usec. Demetrio L. Ignacio, Jr.
DENR Memorandum Issuance of Special Land Use Permits (SLUPs) including Other Lawful Purposes (OLPs) 2016 May 16 Usec. Demetrio L. Ignacio, Jr.

Policy History

The following are the policies related to FLAg that were repealed and/or amended:

Policy No. Policy Title Date Signed Signatory
FAO 8-3 Revised Regulations Governing Special Uses of Forest Lands 1941 Jul 1 Sec. Benigno S. Aquino
FAO 4 Amendment to Forest Administrative Order No. 8-3, Knowing as the Revised Regulations Governing Special Uses of Forest Lands 1946 Sept 26 Sec. Mariano Garchitorina
FAO 4-1 Amendment to Forest Administrative Order No. 8-3, Known as the Revised Regulations Governing Special Uses of Forest Lands 1948 Sept 28 Sec. Placido L. Mapa
FAO 4-2 Amendment to Forest Administrative Order No. 8-3, Known as the Revised Regulations Governing Special Uses of Forest Lands 1951 Jul 5 Sec. Fernando Lopez
FAO 4-3 Amendment to Forest Administrative Order No. 8-3, Known as the Revised Regulations Governing Special Uses of Forest Lands 1953 Jun 17 Sec. Placido L. Mapa
FAO 4-4 Amendment to Forest Administrative Order No. 8-3, Known as the Revised Regulations Governing Special Uses of Forest Lands 1954 Feb 1 Sec. Salvador Araneta
FAO 4-5 Amendment to Forest Administrative Order No. 8-3, Known as the Revised Regulations Governing Special Uses of Forest Lands, as amended by Forest Administrative Orders Nos. 4, 4-1, 4-2, and 4-3 1954 Feb 1 Sec. Salvador Araneta
DAO 1998-27 Interim Annual Rental for Special Use of Forestland for Energy Projects 1988 Jun 17 Sec. Victor O. Ramos
DAO 2000-30 Annual Government Share/Rental for Special use of Forestland for Energy Projects 2000 Mar 20 Sec. Antonio H. Cerilles
DAO No. 2016-07 DENR Manual of Authorities for Technical Matters 2016 May 19 Sec. Ramon J.P. Paje
DAO No. 2022-10 DENR Manual of Authorities for Technical Matters 2022 May 30 Sec. Jim O. Sampulna