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Forest Policies in the Philippines. For. Antonio P. Carandang.

Policy – governing principles, a course of action the society must follow - A policy sets the course of actions the society follows in pursuing certain goals or objectives The institution sets into motion the mechanisms to operationalize a policy Forest Policy - governing principles in the management and/or administration of forest resources.

Weaknesses of Forest Policy in the Country (RMPFD, 2003) Lack of a comprehensive, balanced and legislated policy covering the entire forestry sector Forestry policies are structurally weak with faults ranging from gaps, irrelevancies, inappropriateness and provisions that are difficult to implement Unstable, frequent and arbitrary changes of policies, (with every change of government), mostly made at the DENR level Conflicts with other policies within the sector and with policies of other related sectors.

Important Historical Events: June, 1863 – Royal Decree establishing the “Inspeccion General de Montes April 14, 1900 – General Order # 50 - IGM to Bureau of Forestry April 14, 1910 – Act No. 1989 - Creation of Forest School under College of Agriculture at UPLB Aug. 28, 1948 – formation of SFF June 1971 – RA 6239 – An Act to regulate the practice of forestry profession in the Philippines.

1987 Constitutional Provisions Related to Natural Resources Management.

ARTICLE II – STATE POLICIES Sec. 16. “ The State shall protect and advance the rights of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.” RA 8749 – Clean Air Act RA 9275 - Clean Water Act Sec. 21. “The state shall promote comprehensive rural development and agrarian reform.” . . . . RA 6657 - Agrarian Reform Law Social Reform Agenda RA 7942 – Phil. Mining Act of 1995.

Sec. 22. “The State recognizes and promotes the rights of indigenous cultural communities within the framework of national unity and development.” . . . RA 8371 – IPRA LAW of 1997 Sec. 23. “The State shall encourage non-governmental, community-based, or sectoral organizations that promote welfare of the nation.” . . . Role of NGOs.

ARTICLE X – LOCAL GOVERNMENT Sec. 7. “ Local government shall be entitled to an equitable share in the proceeds of the utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits.” . . . RA 7160 – Local Government Code ARTICLE XII – NATIONAL ECONOMY AND PATRIMONY Sec. 1. “The goals of the national economy are: 1) a more equitable distribution of opportunities, income and wealth; 2) a sustained increase in the amount of good and services produced by the nation for the benefits of the people; and 3) an expanding productivity as the key to raising the quality of life for all, especially, the under-privileged.” PA 21 (1997) - A National Agenda for Sustainable Development.

Sec. 2. “All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State.” . . . . Adoption of the “Regalian Doctrine” NR cannot be alienated except agricultural lands NR under full control and supervision of the State (active participation of the State Joint venture, co-production and production sharing 25 years renewable for another 25 years.

Sec. 3. “Lands of the public domain are classified into agricultural, forest or timber, mineral lands, and national parks . . . . Sec. 4. “The congress shall as soon as possible, determine by law the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. . . . . Sec. 5. “The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands and to ensure their economic, social, and cultural well-being. . . . RA 8371 – IPRA LAW of 1997 Creation of NCIP.

ARTICLE XIII. SOCIAL JUSTICE AND HUMAN RIGHTS Sec. 6. “ The State shall apply the principles of agrarian reform or stewardship , whenever applicable in accordance with law, in the disposition or utilization of other natural resources , including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the rights of indigenous communities to their ancestral rights.” EO 263 - CBFM DAO 96-29 – IRR of CBFM RA 6657 – Agrarian Reform Law of 1988.

PD 705 (May 19, 1975) - Revised Forestry Code of the Philippines (Revising PD 389 otherwise known as the Forestry Reform Code of the Phil.).

PD 705 - Main Features: Sect. 4. Merger of all forestry agencies into the Bureau of Forest Development (BFD) (Bureau of Forestry, the Reforestation Administration, the Southern Cebu Reforestation Development Project, and the Parks and Wildlife Office) BFD was a line Bureau with functional divisions in the central office and with Regional and District offices The Department through BFD was responsible in the processing, awarding, monitoring/supervision and cancellation of all timber licenses, license agreements, permits and other privileges to harvest timber and other forest products.

Main Features . . . Sect 17. Establishment of Boundaries of Forest Lands. — All boundaries between permanent forests and alienable and disposable lands shall be clearly marked and maintained on the ground, with infrastructure or roads, or concrete monuments at intervals of not more than five hundred (500) meters in accordance with established procedures and standards, or any other visible and practicable signs to insure protection of the forest. Promoted Multiple Use (Sect. 19 )and Sustained Yield (Sect. 21) - balance between growth and harvest.

PD 705 - Main Features . . . Sect. 29 . Incentives to the Wood Industry - for the establishment of an integrated wood processing plants, e.g., tax breaks from importation of equipment, no lease payment in establishing ITPs, etc. Sect. 30. Rationalization of the Wood Industry..

CHAPTER IV - CRIMINAL OFFENSES AND PENALTIES Sect. 68. Cutting, Gathering and/or Collecting Timber or Other Products Without License. . . . 69. Unlawful Occupation or Destruction of Forest Lands. . . . 70. Pasturing Livestock. . . . 71. Illegal Occupation of National Parks System and Recreation Areas and Vandalism Therein. . . . 72. Destruction of Wildlife Resources. . . . 73. Survey by Unauthorized Person. . . . 74. Misclassification and Survey by Government Official or Employee. . . . 75. Tax Declaration on Real Property. . . . 76. Coercion and Influence. . . . 77. Unlawful Possession of Implements and Devices Used by Forest Officers. . . . 78. Payment, Collection and Remittance of Forest Charges. . . . 79. Sale of Wood Products..

EXECUTIVE ORDER NO. 192 - Providing for the reorganization of The Department of Environment, Energy and Natural Resources Renaming it as the Department of Environment and Natural Resources and for other purposes (otherwise known as the Reorganization Act of Department of Environment and Natural Resources of 1987) Section 6. Structural Organization . The Department shall consist of the Department Proper, the staff offices, the staff bureaus and the regional/ provincial/ community natural resources offices. The Department Proper shall consist of the following: (a) Office of the Secretary (b) Offices of Undersecretaries (c) Offices of Assistant Secretaries (d) Public Affairs Office (e) Special Concerns Office (f) Pollution Adjudication Board.

The staff sectoral bureaus: (a) Forest Management Bureau (b) Lands Management Bureau (c) Mines and Geo-Sciences Bureau (d) Environmental Management Bureau (e) Ecosystems Research and Development Bureau (f) Protected Areas and Wildlife Bureau Sect. 22. Attached Agencies and Corporations . The following agencies and corporations are attached to the Department: National Mapping and Resource Information Authority Natural Resources Development Corporation. The National Electrification Administration ..

RA 7586 (1992) - An Act Providing For The Establishment And Management Of National Integrated Protected Areas System, Defining Its Scope And Coverage, And For Other Purposes.

RA 7586 . . .. Sect. 3. Categories of protected areas: Strict nature reserve Natural park Natural monument Wildlife sanctuary Protected landscape and seascapes Resource reserve Natural biotic area Other categories established by law, conventions or international agreements which the Philippine Government is a signatory..

RA 7586 . . .. Sect. 5. Establishment and Extent : a. All areas or islands in the Philippine proclaimed, designated or set aside, pursuant to a law, presidential decree, presidential proclamation or executive order as follows: national park, game refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed, mangrove reserve, fish sanctuary, natural and historical landmark, protected and managed landscape/seascapes as well as identified virgin forests before the effectivity of this Act are hereby designated as initial components of the System..

Sect. 6. Additional Areas to be Integrated to the System . Notwithstanding the establishment of the initial component of the System, the Secretary shall propose the inclusion in the System of additional areas with outstanding physical features, anthropological significance and biological diversity Sect. 7. Dis-establishment as Protected Area. When in the opinion of the DENR a certain protected area should be withdrawn or disestablished, or its boundaries modified as warranted by a study and sanctioned by the majority of the members of the respective boards for the protected area, it shall advice Congress and shall take effect only by an act of Congress where said area shall revert to the category of public forest.

RA 7586 . . .. Sect. 10. Administration and Management of the System: Under the control and administration of the Department of Environment and Natural Resources A division is created in the regional offices of the Department to be called the Protected Areas and Wildlife Division in regions where protected areas have been established, which shall be under the supervision of a Regional Technical Director.

Sect. 11. Protected Area Management Board (PAMB) establishment . The PAMB is composed of ff: the RED, (1) rep from the autonomous regional government, if applicable; the Prov. DO; one (1) rep from the municipal government; one (1) representative from each barangay covering the protected area; one (1) representative from each tribal community, if applicable; and, at least three (3) representatives from NGOs/local community organizations, and if necessary, one (1) rep from other departments or national government agencies involved in protected area management..

Funding: Sect. 16 - Integrated Protected Areas Fund - a trust fund established for purposes of financing projects of the System The IPAS may solicit and receive donations, endowments, and grants in the form of contributions, and such endowments shall be exempted from income or gift taxes and all other taxes, charges or fees imposed by the Government for any political subdivision or instrumentality thereof. All incomes generated from the operation of the System or management of wild flora and fauna shall accrue to the Fund and may be utilized directly by the DENR for the above purpose..

DAO 2008 – 26 – Revised IRR of RA 7586.

RA 7160 – An Act Providing for a Local Government Code of 1991 provides the scope for the active frontline participation of the LGUs in watershed management particularly in relation to the devolved functions of the line agencies (e.g., social forestry projects) gives power to the LGUs as comprehensive managers of all the natural resources found within its jurisdiction. However, the added responsibility poses the challenge of mobilizing additional financial, technical and human resources to the LGUs. There is also the challenge of maintaining a harmonious working relationship with the line agencies where its devolved functions originated to gain access to the pools of expertise they don’t have..

Sect. 290. Amount of Share of LGUs. 40 % of the gross collection derived by the national gov’t. from mining taxes, royalties, forestry and fisheries charges. . . . Sect. 292. Allocation of shares. Province = 20 % Component City/Municipality = 45 % Barangay = 35 % ARTICLE FOURTEEN – The Environment and Natural Resources Officer. Sect. 484. Qualifications, Powers and Duties..

RA 8371, AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/ INDIGENOUS PEOPLES, CREATING A NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES (Indigenous People’s Rights Act of 1997– IPRA Law) IPRA Law emphasizes on the recognition of the rights of indigenous peoples to have jurisdiction over the management of their ancestral domains/lands. This law provides the security of tenure as well as the incentive for the indigenous peoples to invest in the long term protection and development of forest resources Created the NCIP (National Commission on Indigenous People) Also provided for FPIC (free and prior informed consent).

a) Ancestral Domains - refer to all areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects. . . . includes ancestral lands, forests, pasture, residential, agricultural, and other lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators;.

CHAPTER IV RIGHT TO SELF-GOVERNANCE AND EMPOWERMENT SEC. 13. Self-Governance. - The State recognizes the inherent right of ICCs/IPs to self-governance and self-determination and respects the integrity of their values, practices and institutions. Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural development..

RA 8371, 1997 BASIC IP RIGHTS (NCIP Order No. 1, 1998) Rights to Ancestral Domains/Ancestral Lands - ensures economic, social and cultural well-being - recognizes customary laws, respects indigenous concepts on resource management Rights to Self Governance and Empowerment Social Justice and Human Rights (Equal Protection of the Law) Cultural Integrity.

R.A. 7161 (1991) AN ACT INCORPORATING CERTAIN SECTIONS OF THE NATIONAL INTERNAL REVENUE CODE OF 1977, AS AMENDED, TO PRESIDENTIAL DECREE NO. 705, AS AMENDED, OTHERWISE KNOWN AS “THE REVISED FORESTRY CODE OF THE PHILIPPINES,” AND PROVIDING AMENDMENTS THERETO BY INCREASING THE FOREST CHARGES ON TIMBER AND OTHER FOREST PRODUCTS Sec. 4. Charges on Firewood, Branches and Other Recoverable Wood Wastes of Timber . Except for all mangrove species whose cutting shall be banned, there shall be collected forest charges on each cubic meter of firewood cut in forestland, branches and other recoverable wood wastes of timber, such as timber tops and stumps, when used as raw materials for the manufacture of finished products. Ten Pesos (P10.00).”.

Executive Order No. 263, July 19, 1995 Adopting Community-Based Forest Management As The National Strategy To Ensure The Sustainable Development Of The Country's Forestlands Resources And Providing Mechanisms For Its Implementation DENR Administrative Order No. 96-29, October 10, 1996 Rules and Regulations for the Implementation of Executive Order 263, Otherwise Known as the Community-Based Forest Management Strategy (CBFMS) Pursuant to Section 12 of Executive Order No. 263 (EO 263),.

C ommunity Based Forest Management (CBFM) the national strategy for the management and development of forest resources in the country. gives primacy to CBFM over other strategies as the management strategy for forests provides the legal basis for the participation of the local communities in the management of forests the major stumbling block, however, is the restriction in proclaimed watersheds for any user to engage in any exploitative activities that is inconsistent with the intention of the CBFM to provide opportunities for sustainable livelihood to the local communities (e.g., policy of no timber cutting in critical watersheds).

RA 7942 – An Act Instituting a New System of Mineral Resources Exploration, Development, Utilization, and Conservation ( Philippine Mining Act of 1995).

Sect. 5. Mineral Reservations When the national interest so requires, such as when there is a need to preserve strategic raw materials for industries critical to national development, or certain minerals for scientific, cultural or ecological value, the President may establish mineral reservations upon the recommendation of the Director through the Secretary. Mining operations in existing mineral reservations and such other reservations as may thereafter be established, shall be undertaken by the Department or through a contractor: . . . . All submerged lands within the contiguous zone and in the exclusive economic zone of the Philippines are hereby declared to be mineral reservations..

Other Relevant Laws and Issuances: EO 318, 2003 – Promoting Sustainable Forest Management in the Philippines RA 6657 (1988) – Comprehensive Agrarian Reform Law RA 9003 – Solid Waste Management Act DMC 2008-04 – The 2009 Upland Development Program (Reforestation and Agroforestry), pursuant to Comprehensive Livelihood and Emergency Employment Program.