LAND CLASSIFICATION AND

BASIC FOREST TENURE AND

PERMIT PRIVILEGES
THE PHILIPPINES
AS A
STATE
DEFINITION OF STATE
A state is a community of persons, more
or less numerous, permanently occupying
a fixed territory and possessed of an
independent government organized for
political ends to which the great body of
inhabitants render habitual obedience.
(Prof. Samilo Barlongay quoting Garner, Introduction to Political
Law, 41.)
THE ELEMENTS OF A STATE ARE: people, territory,
government, sovereignty.

People refers simply to the inhabitants of the State.

Territory is the fixed portion of the surface of the earth inhabited

by the people of the State.

Government is the agency or instrumentality through which the

will of the State is formulated, expressed and realized.

Sovereignty is the supreme and uncontrollable power inherent in a

State by which that State is governed.
GENERAL CLASSIFICATION OF LANDS IN
THE PHILIPPINES AS TO OWNERSHIP
 OWNED BY THE STATE
“Lands of Public Domain”

OWNED BY ANY PERSON OR ENTITY

“Private Land”
 PRIVATELY OWNED LANDS
These are real properties (land) which are titled in the name of a person
or entity under the following modes of acquiring ownership of a land:
a) Registration under our Torrens System;
b) Emancipation Patent;
c) Certificate of Land Ownership Award;
d) Homestead Patent;
e) Sales Patent;
f) Free Patent;
g) Special Patent; and
h) CADT & CALT
LEGAL BASIS
• Act No. 496, known as Land Registration Law of
1902;
• PD 27, Tenancy Emancipation Decree of 1972
• RA 6657, known as Comprehensive Agrarian Reform
Law of 1988;
• Act No. 2847, known as the Public Land Act of 1919;
• CA No. 141, known as the Public Land Act of 1936;
and
• RA 8371, known as the Indigenous Peoples’ Rights
Act of 1997.
 LANDS OF THE PUBLIC DOMAIN
All real properties within the territory of the
Philippines including its natural resources that are
not yet titled in the name of any person or entity.
These real properties are owned by the STATE and
being managed by the GOVERNMENT.
LEGAL BASIS
Article 12 (2), 1987 Philippine Constitution
• All lands of the public domain, xxx, forests or
timber, wildlife, flora and fauna, and other
natural resources are owned by the State.
• All natural resources shall not be alienated,
except for agricultural lands.
• The exploration, development and utilization
of natural resources shall be under the full
control and supervision of the State.
CLASSIFICATIONS OF THE LANDS OF THE PUBLIC
DOMAIN
(Art. XII, Sec. 3, 1987 Constitution)

SECTION 3. Lands of the public domain are classified into

agricultural, forest or timber, mineral lands, and national
parks.

Alienable lands of the public domain shall be limited to

agricultural lands.
LAND CLASSIFICATION

Includes public forest, permanent forest or forest reserves, Land of the public domain, which has been classified
and forest reservations. declared as such and available for disposition
AUTHORITY OF DENR OVER LANDS OF
PUBLIC DOMAIN
EXECUTIVE ORDER NO. 192, Series of 1987
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
SECTION 4. Mandate. — The Department shall be the
primary government agency responsible for the conservation,
management, development and proper use of the country's
environment and natural resources, specifically forest and
grazing lands, mineral resources, including those in reservation
and watershed areas, and lands of the public domain, as well
as the licensing and regulation of all natural resources as
may be provided for by law in order to ensure equitable sharing
of the benefits derived therefrom for the welfare of the present
and future generations of Filipinos.
SECTION 5. Powers and Functions. — To
accomplish its mandate, the Department shall have
the following powers and functions:

(m) Exercise exclusive jurisdiction on the

management and disposition of all lands of the
public domain and shall continue to be the sole
agency responsible for classification, sub-
classification, surveying and titling of lands in
consultation with appropriate agencies.
PRIVILEGE
-VERSUS-

RIGHT
A privilege is a certain
entitlement to immunity granted
by the state or another authority
to a restricted group, either by
birth or on a conditional basis.
By contrast, a right is an
inherent, irrevocable
entitlement held by all citizens
or all human beings from the
moment of birth.
(https://en.wikipedia.org/wiki/Privilege_(law))
 APPLICATION
Right - A person is entitled to own a real property upon
issuance of a title in his name and registration thereof in
the appropriate government agency.

Privilege – A person is entitled to occupy a portion of

forestland and harvest natural resources therein upon
issuance of appropriate forest tenure and permit by the
DENR.
LAND TITLE
-VERSUS-

LAND TENURE
 What is a Land Title?
A land title is the evidence of the right of the
owner or the extent of his/her interest, and by
which means he/she can maintain control and
as a rule assert right to exclusive possession
and enjoyment of the property. The document
is entitled the Certificate of Title. (Peña, Registration of
Land Titles and Deeds, Revised Edition, 1988).
 WHAT IS LAND TENURE
Land tenure is the relationship, whether legally or customarily
defined, among people, as individuals or groups, with respect to
land. (For convenience, “land” is used here to include other natural
resources such as water and trees.) Land tenure is an institution, i.e.,
rules invented by societies to regulate behaviour. Rules of tenure
define how property rights to land are to be allocated within
societies. They define how access is granted to rights to use, control,
and transfer land, as well as associated responsibilities and restraints.
In simple terms, land tenure systems determine who can use what
resources for how long, and under what conditions.
(http://www.fao.org/3/y4307e/y4307e05.htm)
TAX DECLARATION
CERTIFICATE
(TAX DEC)
 TAX DECLARERATION CERTIFICATE
A Tax Declaration Certificate is an evidence of possession
and claim over an alienable and disposable land of the
public domain.
“Although as a rule, tax declarations are not
conclusive evidence of ownership, they are proof that
the holder has a claim of title over the property and
serve as sufficient basis for inferring possession.”
(Republic of the Philippines vs. Metro Index Realty And Development Corporation, G.R. No. 198585, July 2, 2012)
 DONATION
-VERSUS-

WAIVER OF RIGHT
 Title III. - DONATION
CHAPTER 1
NATURE OF DONATIONS

Art. 725. Donation is an act of liberality

whereby a person disposes gratuitously of a
thing or right in favor of another, who
accepts it.
“No one can give what he does
not have" (Nemo dat quod non
habet). (Felix Gochan, vs. Heirs of
Raymundo Baba, G.R. No. 138945, 2003
August 19)
 WAIVER OF RIGHT
CHAPTER I
EFFECT AND APPLICATION OF LAWS
Art. 6. Rights may be waived, unless the
waiver is contrary to law, public order, public
policy, morals, or good customs, or
prejudicial to a third person with a right
recognized by law.
BASIC FOREST TENURE
AND PERMIT
PRIVILEGES
SPECIAL USES OF FOREST LANDS
Forest Landuse Agreement (FLAg)
Forest Landuse Agreement for Tourism (FLAgT)
Special Land Use Permit (SLUP)
LEGAL BASIS
Article 12 (2), 1987 Philippine Constitution
• The State may directly undertake such activities,
or it may enter into co-production, joint venture or
production-sharing agreements with Filipino
citizens, or corporations or associations at least
60% of whose capital is owned by such citizens.
LEGAL BASIS
PD 705, AS AMENDED, KNOWN AS REVISED FORESTRY CODE
OF 1975
Dated : May 19, 1975

Section 57. Other Special Uses of Forest Lands. “Forest

lands, may be leased for a period not exceeding twenty-
five (25) years, … for the establishment of sawmills,
lumber yards, timber depots … or other beneficial
purposes which do not in any way impair the forest
resources therein”.
LEGAL BASIS

Forestry Administrative Order No. 8-3

Dated : July 1, 1941
SUBJECT : Revised Regulations Governing Special Uses
of Forest Lands
LEGAL BASIS

DENR Administrative Order No. 2004-59

Dated : August 31, 2004
SUBJECT : Rules and Regulations Governing Special
Uses of Forest Lands
SPECIAL LAND USE PERMIT (SLUP)
• a privilege granted by the State to a person to
occupy, possess and manage in consideration
of specified return, any forest lands for a
specific use or purpose. (Bridging Tenure)
Area: depends upon the area requirement of the project
Duration: 3 years to be converted to FLAg or FLAgT
should there be a need to extend its validity
Application Fee: P500.00/ application
Approving authority: Regional Director
 Development Projects covered by SLUPs/OLP
permits issued by the Regional Offices
1.Landing site (boat, plane, 1.Fish drying site 19.Recreation complex site
etc) 2.Veneer plant site 20.Well Pad Site
2.Bodega/warehouse 3.Mini golf site 21.Market Site
3.Aviation Fuel Depo 4. Motor pool site 22.Sanitary Landfill/Dump
4.Drydock site 5.Cell site Site
5. Culture site (seaweeds, 6.Machine shop & junk yard 23.Botika
crab, shrimps, etc.) 19.Ore crushing site 24.Temporary Facility Site
6.Mill site (copper, iron, etc.) 20.Pipe Line Corridor 25.Hybrid Goat Breeding
7.Coal depot site 21.Piggery and poultry Goat Site
8.Store site 22.Summer resort site 26.Agriculture Farm Shop
9.Commercial Center 23.Shipbuilding site 27.Floating Restaurant
10.Duck raising site 24.School site 28.Camp Site
11.Gas station site 29.Training Center
12.Transportation Terminal
site
Special Forest Landuse Agreement (FLAg)
• a contract between the government and a second
party to temporarily occupy, manage and develop in
consideration of a government share, any forestland
of the public domain for specific use
• Legal basis: DAO 2004-59 dated August 31, 2004
• Area: depends upon the area requirement of the project
• Duration: 25 years renewable for another 25 years
• Application Fee: P500.00/application
• Required Plan: CDMP (to be submitted within 6
months after issuance of FLAg)
Special Forest Landuse Agreement (FLAg)
Legal Uses of Forest lands
1. Bodega/Warehouse
2. Drydock site/shipbuilding
3. Industrial Processing Site
4. Herbal/Medicinal Plantation
5. Nipa plantation
6. Fish Drying site-
7. Other Lawful Purposes
8. Communication Station Site
9. Landing Site (air strip)
10. Log Pond/ Log Depot Site
11. Lumberyard
12. Mineral storage/Crushing Site
13. Mining Waste Disposal Site
14. Motor Pool Site
15. Plant Nursery Site
16. Power Station Site
17. Right-of-Way
18. School Site
19. Water Reservoir or Impounding
Dam
DAO 2004-59 and RI Subprojects of INREMP
Special Forest Landuse Agreement for Tourism
(FLAgT)
• a contract between the government and a second
party to temporarily occupy, manage and develop in
consideration of a government share, any forestland
for tourism purposes
• Legal basis: DAO No. 2004-28 dated August 25, 2004
DAO 2009-16 dated. Nov. 25, 2009
DMO 2011-02 dated. March 15, 2011
• Area: depends upon the area requirement of the project
• Duration: 25 years renewable for another 25 years
• Required Plan: CDMP
Special Forest Landuse Agreement for Tourism
(FLAgT)

PROJECTS
• Bathing establishment
• Camp site
• Ecotourism
• Hotel site (inclusive of related resort facilities)
• Other tourism purposes
 Related Policy Issuances on SLUPs
• DENR Memorandum No. 148 dated 10 April 2006
(25 Year Forestry Leases, Permits, Contracts and related Agreements)
• DENR Memorandum No. 447 dated 17 October 2013
(Suspension on processing and issuance of new and renewal of Special Land
Use Permits (SLUPs))
• DENR Memorandum No. 537 dated 29 Nov. 2013
(Lifting of suspension in the issuance of SLUPs including (OLPs))
• DENR Memorandum No. 118 dated 07 March 2013
(Processing of Special Land-use Permits with Tree Cutting/Earth-balling)
• DAO No. 2009-16 dated 25 November 2009
• DENR Memorandum from the Undersecretary for Field
Operations dated 16 May 20163
Related Policy
Memo dated May 16, 2017
• Clarification of Existing guidelines relative to the issues and concerns raised during the series of workshops on forest
tenure and permit re-orientation per DENR SO 2016-263
• Clarification on the computation of performance bond for FLAG and SLUP
• Clarification on the conduct of appraisal on the value of the land and the improvements introduced thereon under lease
agreement or permit vis-à-vis the specific guidelines on Annual Rental/Government Share Generation.
• Clarification on the implementation of projects of national interest or public utilities within areas covered with
CBFMA vis-à-vis the issuance of waiver of rights of the tenure holder for the purpose

Memo dated June 06, 2017

• Clarification on the inability of the applicants of FLAT to submit promptly the TDP prepared by the LGU and duly
approved by DOT
• Clarification on the validity of FAO 8-3 dated 1 July 1941 as reference in the issuance of permit or agreement for
the Special use of forest lands vis-à-vis the existence of DAO No. 2004-28 dated 25 Aug. 2004 and DAO No. 2004-
59 dated 31 Aug. 2004 which governs the special uses of forest lands.
• Inclusion of planted CBFM area under the NGP in the community resource management framework

Memo dated June 28, 2017

• Composition of the committee that will facilitate the review of the comprehensive development and management
plans for FLAG and FLAGT
 Photo of special uses of forestland
FLAg
• Geothermal Power Plant Site
Geothermal Power Plant Site
Energy Development Corporation
Valencia, Negros Oriental
• Energy Development Corporation
• Valencia, Negros Oriental

Wind Energy Development Project

Northern Luzon UPC Asia Corp.
Pagudpud, Ilocos Norte
Photo of special uses of forestland
FLAg

Geothermal Power Plant Site

Energy Development Corporation
Valencia, Negros Oriental
Photo of special uses of forestland
FLAg/OLP

Lighthouse/Dry-dock & Shipyard

L’Nor Marine Services, Inc.
Liloan, Cebu
Photo of special uses of forestland
FLAgT

Bellaroca Island Resort & Spa

Buenavista, Marinduque
Photo of special uses of forestland
FLAgT

Bathing Establishment
Benthel Development Corp.
Cordova Cebu
The Integrated Forest Management Program
(IFMA) DAO 99-53

The Socialized Industrial Forest Management

Program (SIFMA)
DAO 2004-30
 What is IFMA and SIFMA?
 IFMA - a production sharing
agreement entered into by
and between the DENR and a
qualified applicant wherein
the DENR grants to the latter
the exclusive privilege to
develop, manage, protect
and utilize a specified area
of forestland and forest
resources
 SIFMA - 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 forest land consistent
with the principle of
sustainable development.
 Duration of the Agreement
IFMA SIFMA

 25 years renewable for another 25 years

 Size of the area
IFMA SIFMA
 Minimum of 500 ha. and For individual/ single
the maximum size may family
depend upon the = 1 - 20 hectares
capability of the
applicant to develop and
manage to productive For association,
condition, but not to partnership or
exceed 40,000. cooperative
= over 20 to 499 hectares
 Size of the area
IFMA

For purposes of effective management, economic scale

or economies of scale, holders of adjoining or
economically-distanced small-sized IFMA areas may be
allowed to integrate into cooperative, a federation of
cooperatives, or corporation the aggregate area of which
shall not exceed 40,000 hectares. (Sec. 6)
 Areas available
IFMA
Open and denuded
lands, brushlands,
degraded residual natural
forest;
 Areas covered by
cancelled/expired Forest
Land Grazing Agreement
or Pasture Permits or
leases;
SIFMA
All grasslands, brushlands
& open denuded forest
lands including those within
government reforestation
project not classified under
the NIPAS, nor subject of
CADC, CALC, vested
rights, licenses, permits,
etc.
 Areas available
IFMA
  Government reforestation projects or portions
thereof found to be more suitable as IFP;
 Production residual natural forest that may be best
included in any of the aforementioned areas and be
a part of the managed forest under the IFMA
  Areas under cancelled and expired TLAs; provided,
areas under existing TLAs maybe allowed for
conversion to IFMA
 Qualified Applicants
IFMA SIFMA

 Filipino citizen of legal  Individuals/single

age;
  Partnership,
cooperative or
corporation whether
public or private, duly
registered under
Philippine laws;
family units, Filipino
citizen, of legal age
and preferably
residents of the
municipality where the
area is located. Actual
occupants of the area
are given priority.
 Qualified Applicants
IFMA
 TLA holders who have  Cooperatives,
signified their intention
to convert their TLA
prior to the expiry of the
TLA, provided that they
showed satisfactory
performance and have
complied with the terms
and conditions of the
TLA and pertinent rules
and regulations.
SIFMA
associations and
partnership whose
members are Filipino
citizens residing in
the province where
the SIFMA site is
located, duly
registered with the
CDA, DTI or SEC, as
the case may be.
 Disqualified Applicants
SIFMA
 Individuals, partnerships, cooperatives and associations who
have been previously issued TFLAs, IFMAs or other
permits/licensees that were cancelled due to their inability
to comply with the provisions of the contract including the
failure to develop their areas into the prescribed land use
provided for under the agreement, permit or license awarded
to them

 Holder of any subsisting forestry permit, license, lease,

contract or management agreement
FOREST LAND GRAZING MANAGEMENT
AGREEMENT (FLGMA)
 FLGMA
A production sharing agreement between a qualified person,
association and/or corporation and the government to develop,
manage and utilize grazing lands

Duration of the agreement: 25 years renewable for another 25

years

Grazing Land
Refers to that portion of forestland set aside for grazing purposes
in view of its topographic and vegetative suitability for the raising
of livestock
 LEGAL BASIS
 DAO 99-36 (Revised Rules and Regulations Governing the
Administration, Management, Development and Disposition of Forest
Lands Used for Grazing Purposes ) August 10, 1999
 As amended by DAO 2004-35 August 31, 2004
GRAZING POLICIES
 MC 99-26 (Guidelines and Procedural Manual) November 24, 1999
 MC No.2003-19 (Clarification on the Rate of User’s Fee for Grazing)
September 20
 DAO 2004-16 June 15, 2004
 PD No. 472
 Memorandum of the Secretary dated April 10, 2006
 Areas Available for FLGMA

Contiguous area of not < 250 ha.;

At least 75 % of the area must have a slope > 50 %;
Dominant vegetation is grass;
Forage production capability of at least 500 kg./ha. (air dry); and
Free from established private rights or claims
 Prohibited Areas
 Areas covered by existing agreement, contract, lease, or permit;

 Protected areas;

 Forestlands under the control of other government agencies;

 Ancestral lands and domains; and

 Other areas occupied by ICCs/IPs that are known to be ancestral but

are not yet covered by CADCs or CALCs
 Allowed Size of FLGMA
a) Individual Holder
 50-500 ha

b) Partnership, Association, Cooperative

or Corporation
 50- 2000 ha
 QUALIFIED APPLICANT
 Citizens of the Philippines of legal age;

 Association, Corporations, Partnerships

(60% Filipino Owned); and
 Financially and Technically Capable
 Interim Grazing Privilege
- 6 mos. privilege granted by the State prior to the renewal
of FLGMA to a person or group to occupy any grazing land
in order to undertake any authorized activity therein subject
to the following :
 not introduce additional permanent improvements;
 protect the area against illegal occupants;
 follow the terms and conditions of the previous
agreement
 Grounds for Cancellation
 Violation of any provision in the Agreement;
 Non-Compliance of the approved management and
operational plans;
 Failure to submit AGR; and
 Failure to pay user’s fee for 2 consecutive years.
 Grazing Fees

 Application fee – P 10.00/ha;

 Oath fee – P 36.00/application
 Survey fee – actual transportation cost and per diem
 Annual User’s fee– P 40.00/ha and fraction thereof; 8% surcharge
 Performance Bond – P500.00/ha w/in 6 mos. after approval; 50%
Cash/Surety
 Appeal Fee – P 3,600.00/case
Livestock production
Cattle stock

Some of the cow in the feedlot Bull (Wagyu)

(Wagyu Breed)
Steer (Wagyu Breed) Yearling (Wagyu Breed)
Newly weaned calves (mixed breed, Cross breeding area of Wagyu Bull &
Wagyu & Brahman) inside the Brahman cow
rehabilitation corral
Structural Improvements
Structural Improvements

Feedlot Watering through

Structural Improvements

Water and feeding trough

Structural Improvements

• Stable
Structural Improvements

Compartment Fence
Food Production and Reforestation Area

Cowboy's quarters and food production Portion of reforestation area along

area planted with corn (area marked perimeter fencing (marked white)
white)
Forage Production area

Forage production area planted with

humidicula (area marked white)
Reforestation along perimeter fence
 COMMUNITY-BASED
FOREST MANAGEMENT
AGREEMENT
(CBFMA)
COMMUNITY-BASED FOREST MANAGEMENT

The National Strategy To Ensure The Sustainable
Development Of The Country’s Forestlands Resources
Legal Basis:
EO 263 dated 19 July 1995
DAO 1996-29 dated 10 October 1996
EO 318 dated 9 June 2004
DAO 2004-29 dated 25 August 2004
The underlying principles are social equity, sustainability and
community participation in forest management and
biodiversity conservation
Community-Based Forest Management
Objectives
 Generate additional income for forest communities
towards poverty reduction and hunger mitigation

 Improve the living conditions of local communities

 Enhance environmental conditions through agroforestry

and plantation development
TENURIAL INSTRUMENTS
CBFMA (Community-Based Forest Management Agreement)
- an agreement entered into by and between the government (DENR) and the local
community, represented by the POs, as forest managers, which has a term of 25
years and renewable for another 25 years. It shall provide tenurial security and
incentives to develop, utilize and manage specific portions of forest lands pursuant
to the affirmed Community Resource Management Framework (CRMF).

CS (Certificate of Stewardship)
- is an agreement entered into by and between the government and
individuals/families actually occupying or tilling portions of the forestlands covered
with CBFMA. (DAO 1998-45)
SCOPE, COVERAGE AND
KEY PROGRAM PARTICIPANTS
Shall apply to all forestlands

Integrates and unifies all people-oriented

forestry programs (ISFP, UDP, FLMP, CFP, LIUCP,
RRMP, NRMP, FSP, CEP)

ICCs/IPs (CADC/CALC), may, at their options,

participate in the CBFM
QUALIFICATIONS OF PARTICIPANTS
(…shall be the local communities as represented by their People’s
Organization (PO))
 Members shall be Filipino citizens;
 Members may either be:
◦ Actually tilling portions of the area to be awarded;

◦ Traditionally utilizing the resource for all or substantial portion of

their livelihood;

◦ Actually residing within or adjacent to, and are dependent on and

actually developing portions of the areas to be awarded
INCENTIVES TO POs
 To occupy, develop, protect, manage and utilize the
forestlands and its resources and claim ownership
of introduced improvements

 When appropriate, allocate to members and

regulate privilege to use and sustainably manage
forestlands resources

 To be exempted from paying land rental for use of

the CBFM area
INCENTIVES TO POs
 To be properly informed of and be consulted on all
government projects to be implemented in the area
 Be given preferential access by the DENR to all
available assistance in the development and
implementation of the CRMF and 5-Year Work Plan of
the PO
 Enter into agreements or contracts with private or
government entities for the development of the whole or
portions of CBFM area (MC 98-08)
Certificate of Stewardship (CS)
Issuance, Transfer and
Evaluation
DAO 98-45
Guidelines Governing the Issuance
and Transfer of Certificate of
Stewardship (CS) Within CBFM
Areas
Sec. 2 Qualifications of CS Recipients
• Must be Filipino citizens;
• Must be of legal age;
• Must be actual tillers or cultivators of the land to be
allocated;
• Must be a member of the People’s Organization which
was granted a CBFM area subject of the CS application;
• Must be willing to develop the land as well as participate
in community-based forest management activities;
• Must not be a previous holder of CS that was cancelled
for cause.
Sec. 3 Procedure in the Issuance of CS
Information Dissemination

Census of Forest Occupants

Request for Issuance of CS

Processing and Issuance of Certificates of Stewardship

Marking of Boundaries and Resolution of Conflicts

Sec. 4 Transferability of the CS

The CS, including those issued

prior to this Administrative Order,
may be transferred under the
following conditions:
1. The transferee is a qualified beneficiary as defined under
Section 2, hereof; provided that the total land area under
the stewardship of the latter does not exceed 10 hectares.
2. At least 50% of the area covered by the CS has been
developed, i.e., planted to agricultural crops, trees, or
forest species, developed pasture or fishpond, and other
productive land uses.
3. The terms and conditions of the original Agreement
shall remain in force and effect. However, the provision
prohibiting the subleasing of the land or portion thereof in
old CS issued prior to this Order is hereby revoked;
4. The Agreement shall remain valid for the remaining
unexpired term of the original agreement;
5. The transfer is endorsed by the PO, through a resolution of
its Officers; and
6. The instrument of transfer is duly notarized.

The new CS and Stewardship Agreement, map and other

supporting documents shall be forwarded to the PENRO for
approval, in accordance with Section 3, hereof.
CS
Performance
Evaluation
DENR Memorandum Circular 1993-21
Revised Procedures on the Conduct of Pe
rformance Evaluation of Stewardship Ag
reement, Cancellation and Compensatio
n of the Holders Thereof
FMB TECHNICAL BULLETIN NO. 11
Supplemental Guide on the Evaluation
of Certificate of Stewardship
Contracts (CSCs)
PURPOSE
• to determine the extent of developments
introduced by the holders

• assess their compliance to the

Stewardship Agreement (SA)
V. Evaluation
The tool to be used for the evaluation will
be the one prescribed in
DENR MC No. 21, Series of 1993.
VI. Renewal, Cancellation and Determination of
Appropriate Land Tenure Instrument

The CENRO has the authority to renew CSC with an area of 3

hectares and below while the PENRO renews CSC with an area
of more than 3 hectares but not exceeding 5 hectares. The date of
renewal shall reckon from the date of issuance totalling 50 years.
 The CSC holders recommended with remedial
measures shall be re-evaluated after a grace
period of one (1) year. The re-evaluation shall be
undertaken by the TWG within the year following
the grace period. The result shall be the basis for
reconsideration or termination of Stewardship
Agreement.
 The PENRO has the authority to
cancel CSCs previously issued by
the CENRO while the RED cancels
the CSCs previously issued by the
PENRO.
 In the event that the finding of the CSC
evaluation warrants outright cancellation for
gross violations of the Agreement e.g.
conversion to other land use, the subject CSC
area will be reverted back to the government
and a forestland tenure instrument shall be
determined and recommended.
CURRENT PROGRAMS AND PROJECTS THAT INVOLVES CBFM
1. National Greening Program (NGP) – expanded thru the issuance of EO 193,
s. 2015 and its IRR (DAO No. 2016-20)
2. Regional Projects of ASEAN-Republic of Korea Forest Cooperation (AFoCo)
 Provides livelihood assistance in three (3) CBFM-POs in Regions 1, 5 and 11
 Provides assistance in the preparation of more enhanced CRMF process in three
(3) pilot CBFM-POs in Regions 1, 5 and 11
 Provide assistance in the establishment of ANR demonstration site in one (1)
CBFM-PO in Region 3

3. JICA-funded Forestland Management Project (FMP)

 Provides assistance thru community organizing, capacity building, livelihood
and site development projects in 147 POs in Regions 2, 3, 6 and CAR
CURRENT PROGRAMS AND PROJECTS THAT INVOLVES CBFM
4. ADB-funded Integrated Natural Resources and Environmental
Management Project (INREMP)
 Provides assistance thru community organizing, capacity building,
livelihood and site development projects in Regions 7, 10, ARMM and
CAR
5. Community-Based Forest Management – Comprehensive Agrarian
Reform Program (CBFM-CARP) Projects (since 2007)
 Provides assistance to CBFM-POs nationwide thru agroforestry
plantation development and capacity building activities
 Provision of equipment in support to CBFM-POs existing
livelihood/enterprise will commence on CY 2019.
RELEVANT FMB ISSUANCES
REGARDING CBFMA
FMB Memorandum to all
Regional Directors
dated June 6, 2017
FMB Memorandum to all
Regional Directors
dated June 6, 2017
FMB Memorandum to all
Regional Directors
dated June 6, 2017
 TENURE ISSUED IN
PROTECTED AREAS/
NATIONAL PARKS
 DAO 2007-17
DATED JULY 25, 2017
Subject: Rules and Regulations
Governing Special Uses within
Protected Areas
Special Use Agreement in Protected
Areas (SAPA)
 Chapter IX
Special Uses and Concerns
SEC. 55. Facilities of Other Government Institutions (GO), NGOs and
Private Companies Inside Protected Areas. – Existing facilities of GOs,
NGOs and private institutions that are found inside the protected area shall
be assessed in terms of their significance to national interest and their
impact on the protected area: Provided, That on those facilities found
significant to national interest, a contract shall be negotiated and
payment of fees for the use of the land shall be based on a profit-sharing
agreement or other measures in accordance with law: Provided, further,
That those facilities whose purpose are found inconsistent with the goals of
the protected area management shall vacate such area at the earliest
possible time.
Rule 11. Administration and Management of the NIPAS. - The
NIPAS is hereby placed under the control and administration of
the Department of Environment and Natural Resources.
11.1 The DENR Secretary shall have the over-all administration
and control over the NIPAS. To carry out the mandate of this Act,
the Secretary of the DENR is empowered to perform any and all
of the following acts:
11.1.8 To enter into contracts and/or agreements with private
entities or public agencies as may be necessary to carry out the
purposes of the NIPAS Act;
 TENURE ISSUED IN
AGRICULTURAL LAND/
ALIENABLE AND DISPOSABLE
LANDS OF THE PUBLIC
DOMAIN
 CAN A FOREST TENURE BE
ISSUED OVER A CADT AREA?
National Commission on Indigenous Peoples
Administrative Order No. 1
Series of 1998
RULES AND REGULATIONS
IMPLEMENTING REPUBLIC ACT
NO. 8371, OTHERWISE KNOWN AS
“THE INDIGENOUS PEOPLES’
RIGHTS ACT OF 1997”
Section 2. Right to Develop Lands and Natural Resources.
b) Other Related Rights. The rights of ICCs/IPs to develop their territories
including all the natural resources therein shall further include, but not limited to,
the following:
(2) The right of ICCs/IPs through their Council of Elders/ Leaders, subject to
the principle of Free and Prior Informed Consent provided in these Rules and
Regulations, to enter into agreement with any legal entity, for the utilization,
extraction or development of natural resources, subject to a limited term of 25
years, renewable at the option of the ICCs/IPs for another 25 years, and to
visitorial and monitoring powers of the ICCs/IPs and the NCIP for purposes of
ensuring that the ICCs’/IPs’ rights and interests are adequately safeguarded
and protected;
BRIEFING ON TREE
CUTTING PERMIT

Department of Environment and Natural Resources

Forest Management Bureau
Presidential Decree (PD)
(AS AMENDED)
No. 705
Section 77 : Cutting, Gathering and/or collecting
Timber, or Other Forest products Without License.
“Any person who shall cut, gather, collect, removed
timber or other forest products from any forest lands, or
timber from A and D, public lands or private land,
without any authority, or possess timber or other forest
products without the legal documents as required under
existing forestry laws and regulations, shall be punished
with the penalties imposed under Articles 309 and 310 of
the Revised Penal Code”:
Presidential Decree (PD) No. 705
Section 39
“The utilization of timber in Alienable and Disposable
lands, private lands, civil reservations and all lands
containing standing or felled timber, including those
under the jurisdiction of other government agencies
shall be regulated…”
1987 Philippine Constitution
Article XII, Section 2
“The exploration, development and
utilization of natural resources shall be under
the full control and supervision of the State…”
EXECUTIVE ORDER No. 23
“Declaring a Moratorium on the Cutting and
Harvesting of Timber in the Natural and
Residual Forest and Creating the Anti-
illegal Logging Task Force”

Moratorium on the cutting and harvesting of

timber in the Natural and Residual Forest on the
entire country was declared by the President of the
Philippines.

131
 Exempted from E.O. 23
 Clearing of Road-Right-Of-Way by the
DPWH
 Site Preparations for Tree
Plantations
 Silvicultural Treatments
 “Similar Activities”
Provided that all logs derived from the said cutting
permits shall be turned over to the DENR for proper
disposal
132
Exemptions under “similar activities” of
E.O. No. 23 – Major Infrastructure
(Memorandum from Executive Secretary Paquito N. Ochoa,Jr. dated
October 20, 2011)

Windmill Solar Energy

Geothermal
133
Exemptions under “similar activities” of
E.O. No. 23
 Construction of transmission lines,
telecommunications sites, substation sites, and
other power generation projects, including
maintenance activities on existing lines

Transmission lines Telecommunication

sites
134
 Exemptions under “similar activities” of
E.O. No. 23

 Infrastructure projects undertaken by government entities through

private contractors

Rehabilitation/ Road widening/

Road Right of way Airstrip

135
Exemptions under “similar activities” of
E.O. No. 23

 Trees in public and private places that pose danger

 Mining operations with approved Environmental Protection and
Enhancement Program (EPEP)
 Other priority activities of government and government-
approved projects and programs and certified as a priority
project by the President

136
Rapu-Rapu
Not covered by Exemptions under EO 23

 Those activities
that may involve
violation of
existing laws that
disallow logging
Ancestral Domain

Protected Areas Critical Watersheds 137

 Conditions for Exemption under EO 23
(Memorandum from Executive Secretary Paquito N. Ochoa,
Jr. dated October 20, 2011)
• Compliant with Philippine Environmental
Impact Statement System (PEISS)
• Possess valid Environmental Compliance
Certificate (ECC)
• Planting of 100 indigenous seedlings (to
replace each tree cut)
• Monitoring and reporting by a third party
 Directives Related to Tree Cutting

A. Memorandum dated April 30, 2012 issued by Undersecretary

and Chief of Staff Atty. Analiza Rebuelta-Teh

‘The processing of all requests/applications for tree cutting

permits are deferred/ suspended until further notice”
Directives Related to Tree Cutting

B. Memo No. 74 issued February 5, 2013

Undersecretary and Chief of Staff Atty. Analiza Rebuelta-Teh

Clarification on the
“

Suspension on the
Processing of All
Requests for Cutting
Permits ” 140
“Clarification on the Suspension on the
Processing of all Requests for Cutting Permits”
 Cutting of planted trees within private land shall
be allowed subject to the Clearance to be
issued by the concerned Regional Executive
Director

 The cutting of planted trees within public

forest/timberlands and covered by existing tenure
instruments :
- Clearance from the concerned Regional
Executive Director. (cutting activity is in
accordance with the pertinent plans e.g. IOP,
CRMF/5-Year Work Plan, etc. that is duly
approved by the Office of the Undersecretary
for Field Operations.)
141
 Subject to the clearance/permit to be issued by the
Office of the Undersecretary for Field Operations

 The cutting of naturally growing trees, premium

species,
within private lands and
those to be affected by land development
government projects, including those cleared by the Office
of the President,

 Cutting of naturally growing trees within public

forest/timberland as provided in the exemptions under
Section2 Item 2.2 of E.O. 23
C. Memorandum dated 07 March 2013
Signed by USEC Demetrio I. Ignacio, Jr.

“Processing of Special Land –Use Permits

(SLUP) with Tree Cutting”
“SLUP and Tree Cutting Permits
cannot be processed as one”
• Cutting permits may be processed if there is
already an established tenure over the area.

• RED concerned shall issue the SLUP (DAO

98-24)

143
Recent Directives Related to Tree Cutting
D. Memorandum dated April 28, 2016, of the
Undersecretary for Field Operations

The processing and clearing of cutting permit

applications for naturally grown and planted
trees within Schools/State Universities,
Government compounds and Public Hospitals
are DELEGATED to the Regional level.
Recent Directives Related to Tree Cutting
D. Memorandum dated April 28, 2016, of the
Undersecretary for Field Operations

Applications for tree removal permit for road

construction/rehabilitation and other major
infrastructure projects (e.g. Power generation,
transmission lines and airport facilities) and for
all other projects within timberland and
proclaimed PAs shall continue to be cleared by
the DENR Central Office.
 Directives Related to Tree Cutting

A. Memo date June 22, 2013

Undersecretary and Chief of Staff Atty. Analiza Rebuelta-Teh

Clarification on the
“
Suspension on the
Processing of All
Requests for Cutting
Permits ”
146
“The request shall be processed at the
field/regional offices and shall be
properly endorsed by concerned
Regional Executive Director to the
Office of the Secretary through the
Forest Management Bureau.”
Recent Directives Related to Tree Cutting
E. DAO 07-2016: DENR Manual of Authority on
Technical Matters
ACTIVITY LIMITS OF AUTHORITY APPROVING AUTHORITY

Tree Cutting Permit Inside resettlement Regional Director

areas, reservation etc.
Trees in public and
private places that pose
damage to human lives
and/or properties as
evaluated by DENR

Tree Cutting within Naturally Grown Trees Office of the USEC for Field
FOREST LAND Operations

-Infested/Dead Tree Regional Director

(w/ recommendation
approved from Head of
Research Center)
Recent Directives Related to Tree Cutting
E. DAO 07-2016: DENR Manual of Authority on
Technical Matters
ACTIVITY LIMITS OF AUTHORITY APPROVING AUTHORITY

Tree Cutting within Planted Trees

FOREST LAND
- Covered by existing Regional Director
Tenure

Tree Cutting within Naturally Grown Trees Office of the USEC for
Titled/Private Land (Non-Premium and Field Operations
Premium Species)

Planted Premium Regional Director

Recent Directives Related to Tree Cutting
E. DAO 07-2016: DENR Manual of Authority on
Technical Matters
ACTIVITY LIMITS OF AUTHORITY APPROVING AUTHORITY

Tree Cutting within Public PD 953 – those affected Regional Director

Places by government projects
i.e. road construction/
widening, school and
other infrastructure
projects

Cutting/Harvesting/Colle Regional Director

ction of Non-Timber
Forest Product (NTFP)
within forest lands
(except Rattan)
Recent Directives Related to Tree Cutting
F. Memorandum dated January 25, 2017 “Clarification
regarding the Interpretation of Section 3 of Presidential
Decree No. 953”
• Section 3 of PD. No. 953 gives LGUs and other government
agency heads the authority to decide whether or not to cut
trees/plants/shrubs, if and when these are posing danger to
life and property, this will still be subject to the issuance of
cutting permit by the DENR. The DECISION or authority to
decide to have the trees cut is different from jurisdiction to
issue cutting permit.
• Further, Page 2 of our Manual of Authorities on Technical
Matters (DAO 2016-07) states that the Regional Director is
the approving authority for cutting of trees within public
places for public safety or for pruning to enhance beauty.
Section 3 of Presidential Decree No. 953
“except when the cutting, destroying, damaging
or injuring is necessary for public safety or the
pruning thereof is necessary to enhance beauty,
and only upon the approval of the duly
authorized representative of the head of agency
or political subdivision having jurisdiction
therein, or of the Director of Forest
Development in the case of trees on banks of
rivers and creeks, or of the owner of the land
subdivision in the case of trees along roads and
in other areas therein for the common use of
owners of lots therein. ”
Requirements for Tree Cutting Permit

 Private/Titled Land
 Public/Timber/Forest Land

153
 Requirements for Tree Cutting Permit
Private Land
 Letter of Application
 Authenticated copy of Land title/CLOA with approved sketch
map of the area applied for
 Endorsement from any of the following LGU Officials
a) Barangay Chairman;
b) Municipal/City Mayor or
c) Provincial Governor
- interposing no objection to the cutting of requested
trees;
 Pictures/Photographs of trees to be cut
 Inventory of trees to be cut (100%)(done by DENR
personnel)
 Requirements for Tree Cutting Permit
Public/Timber/Forest Land
 Letter of Application
 Sketch Map of the area showing the relative location of
trees to be cut
 Endorsement from any of the following LGU Officials
Barangay Chairman; Municipal/City Mayor or Governor
- interposing no objection to the cutting of requested trees;
 Inventory/Inspection report of DENR CENRO concerned
(original tally sheets)
 Pictures/Photographs of trees to be cut
 Earthballing and transplanting plan
 Certification that there are no outstanding nor anticipated
issues from any sector against the tree cutting (infrastructure
development)
PROCEDURES IN THE
ISSUANCE OF TREE CUTTING
PERMIT
Procedures in the Issuance of Tree
Cutting Permits
1. Filing of application to the nearest DENR-CENRO
2. Conduct of 100% Inventory
3. Endorsement of application and supporting documents thru
proper channels (CENRO-PENRO-Region)

4. Endorsement of the RED for the Secretary, DENR thru FMB

5. Review of DENR thru FMB for completion of requirements and
data analysis, endorsement to USEC Field Operations.
6. Issuance Permit to the Applicant, Copy Furnished to the RD and
PENRO.
7. Implementation, monitoring and evaluation
8. Reporting of compliance thru proper channels
Mechanisms Instituted to
Mitigate the Impacts
of Tree Cutting

158
 Mechanisms Instituted To Mitigate
Impacts of Tree Cutting 15
9

Baguio City Baguio City

 Earth-balling of trees with diameter of 15

cm and below
 Conditions of Trees to be earth-
balled
• Only healthy trees or other vegetation shall be earth-
balled and transplanted
• The immediate environment or surrounding of the
affected tree or vegetation is free from any structures
or impediments to support digging and moving
operations. and
• There shall be a suitable and available site for the
transplanting of earth-balled trees or other vegetation
to guarantee its continuous growth and /or survival
 Mechanisms Instituted To Mitigate
Impacts of Tree Cutting 16
1
 Mandatory replacement for every tree cut (1:100) as mandated
under DENR Memorandum Order 2012-02: Uniform Ratio for
Cut or Relocated Trees
 Replacement ratio for private and forest lands:

Type Replacement Ratio Type of Species as

replacement
planted trees 1:50 Preferably
indigenous tree
species
Naturally growing 1:100 Strictly indigenous
trees and premium tree species
species
DMO 2012-02: Uniform replacement
ratio for cut or relocated trees
• Seedling donation and identification of
common planting sites shall be encouraged.
• All donated seedlings shall be properly
recorded and turned- over to the CENRO
concerned
• Tree planting sites shall be delineated on the
ground with the corresponding technical
description and maps using GPS.
SAFEGUARDS MONITORING AND
GRIEVANCE REDRESS
MECHANISM

PANDA TEA HOTEL

TAGBILARAN CITY, BOHOL
BASIC FORESTRY LAWS,
RULES AND
REGULATION
Republic Act No.9175
DAO 2003-24
E.O. 23
P.D. 705, as amended.
DAO 97-32
Rules of Procedure for
Environmental Cases
 Republic Act No.9175
November' 7, 2002
“Chainsaw Act”
An Act regulating the ownership,
possession, sale, importation and use
of chainsaws, penalizing violations
thereof and for other purposes.
 Rationale

- To eliminate illegal logging and

other forms of forest
destruction which are being
facilitated with the use of
chainsaws.
Prohibited Acts and Elements
Section 7. No.1-4
 Section 7. No.1

Selling, Purchasing, Re-selling, Transferring,

Distributing or Possessing a Chain Saw Without a
Proper Permit

Elements:
a) The offender sells, purchases, transfer the
ownership, distributes or otherwise disposes or
possesses a chain saw;
b) Without first securing the necessary permit
from the Department.
 Section 7. No.2

Unlawful Importation or Manufacturing of Chain Saw

Elements:
a) The offender imports or manufactures a
chain saw;
b) Without obtaining prior authorization
from the Department .
 Section 7. No.3

Tampering of Engine Serial Number

Element:
a) The offender defaced or
tampered the original registered
engine serial number of any chain
saw unit
 Section 7. No.4

Actual Unlawful Use of Chain Saw

Elements:
a) The offender is in possession of a
chain saw;
b) He uses the same in any manner;
c) The offender does not have the
permit to do so
Note:

All chainsaws must be registered with

DENR except for the province of
Palawan (PCSD).
Other government agencies that used
chainsaws in some aspect of their
operation must likewise secure a
permit from DENR.
 DAO 2003-24
June 30, 2003
IMPLEMENTING RULES AND
REGULATION OF THE CHAINSAW
ACTOF 2002 (RA NO. 9175) ENTITLED “
AN ACT REGULATING THE
OWNERSHIP, POSSESSION, SALE,
IMPORTATION AND USE OF
CHAINSAWS, PENALIZING
VIOLATIONS THEREOF AND FOR
OTHER PURPOSES”
OBJECTIVES (Sec. 2 DAO 2003-24)
1. Regulate the purchase, ownership,
possession, sale, transfer,
importation &/or use of chainsaws
to prevent them from being used in
illegal logging or unauthorized
clearing of forests;
2. Establish & maintain national &
local databases on existing number
of chainsaws, authorized dealers,
authorized users, importation &
sales;
3. Facilitate the monitoring of the
operations of chainsaw importers,
users, & others.
DEFINITION OF TERMS (Sec. 3, DAO 2003-24)

3.1 Chainsaw – refers to any portable

power saw or similar cutting
implement rendered operative by an
electric or internal combustion engine
or similar means, that may be used
for, but is not limited to the felling
trees or the cutting of timber;

3.7 Legal purpose – includes activities

such as tree pruning, tree surgery,
landscaping, timber stand
improvement and other allied
silvicultural activities
SCOPE (Sec. 4, DAO 2003-24)
1. Purchase, manufacture, ownership,
possession, sale, transfer, importation & use
of chainsaws.
2. All chainsaw owners shall apply for
registration within three months from the
effectivity of this Order.
3. Provisions of RA 9175 shall be implemented
in Palawan by the by the Palawan Council
for Sustainable Development pursuant to
R.A. No. 7611 or the Strategic
Environmental Plan for Palawan.
4. Report on issued Certificate of Registration
or permit shall be furnished the FMB
Secretariat.
 Person authorized to purchase,
transfer the ownership, import,
manufacture, distribute and/or sell,
re-sell chainsaws (Sec. 5, DAO 20013-24)
ONLY persons authorized by the DENR
shall be allowed to purchase, transfer the
ownership, import, manufacture,
distribute and/or sell, re-sell chainsaws
Person authorized to own, possess & use
chainsaws (Sec. 6, DAO 2003-24)
1. Holder of a subsisting TLAs, PSA, Co-Prod.
Sharing Agreement, PLTPs/ SPLTPs, CBFMA,
IFMA, SIFMA, & other similar tenurial
instruments;
2. Orchard or Fruit tree farmer;
3. Industrial Tree farmer;
4. Licensed wood processors;
5. Anyone who shows satisfactory proof that the
possession and/or use of chainsaw is for legal
purpose; and
6. OGAs, GOCCs that use chainsaw in some aspect
of their function.
REGISTRATION OF CHAINSAW
(Sec 7, DAO 2003-24)

WHERE TO FILE: CENR OFFICE

• All persons, partnership, corporations

who own or in possession of chainsaws
must register them to the nearest
CENRO wherein a Certificate of
Registration (CR) is issued.
* Serialized sticker of a CR with the CR
number, date of registration, & expiry
date must be attached to the chainsaw.
REGISTRATION OF CHAINSAW
(Sec 7, DAO 2003-24)

VALIDITY :

• CR valid for 2 yrs. upon issuance &

renewable for similar period for
chainsaw used for legitimate purpose
• CR valid 5 yrs. upon issuance &
renewable for the same period, for non-
commercial orchard & fruit tree farmers
and similar entities whose line of
business or work are not related to
wood &/or timber production,
processing & trade.
REGISTRATION OF CHAINSAW
(Sec 7, DAO 2003-24)

Certificate of Registration shall

also serve as the permit to own,
possess and/or use the registered
chainsaw.
 REQUIREMENTS FOR
CERTIFICATES OF REGISTRATION
(Sec. 8, DAO 2003-24)
REQUIREMENTS FOR CERTIFICATES OF
REGISTRATION
(Sec. 8, DAO 2003-24)

1. Holder of a subsisting TLAs, PSAs, CPSAs,

CBFMA, IFMA, SIFMA, or PLTPs/SPLTPs, other
similar tenurial instruments
1.1· Duly accomplished application form (meaning
completed)
1.2· Copy of the tenurial instrument
1.3 Detailed specification of chainsaws to be registered
(brand, model, engine capacity, serial number),
purpose of use, areas/location where it is to be used, name
of owner, date of purchase, and name of dealer.
1.4 Proof of ownership of chainsaw (sales invoice, deed of
sale, etc.)
1.5 Copy of certificate of tree plantation ownership
1.6 Certification from Bgy. Captain concerned- applicant
is orchard or tree farmer
1.7 Registration fee
2. Orchard or Fruit Tree Farmer of
Industrial Tree Farmer
2.1· Duly accomplished application form
(meaning completed);
2.2 Detailed specification of chainsaws to be
registered (brand, model, engine capacity,
serial number), purpose of use, areas/location
where it is to be used, name of owner, date of
purchase, & name of dealer;
2.3 Proof of ownership of chainsaw (sales invoice,
deed of sale, etc.);
2.4 Copy of certificate of tree plantation
ownership;
2.5 Certification from Barangay Captain
concerned that applicant is an orchard or tree
farmer; and
2.6 Registration Fee.
3. Licensed Wood Processors
3.1. Duly accomplished application
form (meaning completed);
3.2. Copy of approved Wood Processing
Plant Permit;
3.3 Detailed specification of chainsaws to
be registered (model, brand, engine
capacity, serial number), purpose of
use, areas/location where it is to be
used, name of owner, date of purchase,
and name of dealer;
3.4 Proof of ownership of chainsaw (sales
invoice, deed of sale, etc.); and
3.5 Registration fee.
4. Government Agencies (GAs),
Government–Owned & Controlled
Corporations (GOCCs)
4.1 Duly accomplished application form
(meaning completed)
4.2 Certification from Head of Office or his/her
authorized representative that chainsaws are
owned/possessed by the office & used for
legal purpose (specify)
4.3 Detailed specification of chainsaws owned/
possessed (brand, model, engine capacity,
serial number), purpose of use,
areas/location where it is to be used, name of
owner, date of purchase, & name of dealer.
4.4 Registration fee.
5. Other Persons/Entities who can show
satisfactory proof that possession &/use of
chainsaw is for legal purpose

5.1 Duly accomplished Application Form

(meaning completed)
5.2 Copy of the Business Permit from the Local
Government Unit or Affidavit that chainsaw is
needed in applicant’s work/profession & will be used
for legal purpose
5.3 Detailed Specification of chainsaws to be registered
(brand, model, engine capacity, serial number),
purpose of use, areas/location where it is to be used,
name of owner, date of purchase, & name of dealer.)
5.4 Registration fee.
Certificate of Registration
- Processed in 15 days & issued by
CENRO
- CENRO maintains registry book &
submit periodic reports of all
registered chainsaw to the DENR
Secretary thru channels.
- Original copy to chainsaw owner;
duplicate copy to CENRO; triplicate
to FMB Secretariat ; authenticated
copy to the person operating the
chainsaw.
 REQUIREMENTS FOR
PERMIT/AUTHORITY TO
PURCHASE, IMPORT,
MANUFACTURE & /OR
TRANSFER OWNERSHIP, SELL/
DISPOSE, LEASE, RENT, &
LEND (Sec. 9, DAO 2003-24)
1. Permit to Purchase or Import:
- duly accomplished application form with the
following informations : Number of chainsaws to be
purchase/imported with specifications, Purpose for
purchasing, Name & address of Seller/Supplier,
Expected time of arrival @ port of entry &/or release
from the Bureau of Customs, if imported, Import Entry
Declaration from BSP)
- Applicant’s business name registration from
DTI, SEC or CDA
- For individual applicant, Affidavit that he will
use the chainsaw for legal purpose only (i.e. tree
pruning, tree surgery, landscaping, timber stand
improvement & other silvicultural activities
- Copy of Purchase order
- Permit fee
2. Permit to Manufacture
- duly accomplished application
form with the following : Number and
Type of Chainsaws to be manufactured,
Sources of materials, parts or accessories
- Applicant’s business name
registration from DTI, SEC or CDA
- Permit fee
3. Permit to Sell/ Re-Sell/ Dispose/
Distribute/ Transfer of Ownership
- duly accomplished application form
together with the Number and Specification
of Chainsaws to be Sold
- Proof of ownership of chainsaws (sales
invoice, deed of sale, etc)
- Applicant’s business name registration
from DTI, or in case of individual
transactions, this requirement may be
dispensed with
- Permit fee
4. Authority to Lease, Rent or Lend
- Letter request of chainsaw owner
- Contract lease, rent or lending
- Copy of chainsaw registration
 ISSUING AUTHORITY (Sec. 10, DAO 2003-24)
1.Permit to Import & Manufacture
Chainsaw
- filed at Office of the RED/RD
- processed within 15 days
(approved/disapproved)
- If approved, valid for 1 year
- Original copy to importer or
manufacturer; duplicate copy to FMB
Secretariat; triplicate to RED;
authenticated copy to Bureau of
Customs
2. Permit to Purchase, Transfer of
Ownership, Re-sell/Dispose/Distribute
- filed at the CENR Office
- processed within 15 days
- If approved, valid for 1 year
- Original copy to importer or
manufacturer; duplicate copy to FMB
Secretariat; triplicate to CENRO;
3. Certificate of Registration
- Processed in 15 days & issued by
CENRO
- CENRO maintains registry book &
submit periodic reports of all
registered chainsaw to the DENR
Secretary thru channels.
- Original copy to chainsaw owner;
duplicate copy to CENRO; triplicate
to FMB Secretariat ; authenticated
copy to the person operating the
chainsaw.
REGISTRATION & PERMIT
FEES (Sec. 11, DAO 2003-24)
P500.00 -- Permit Fee to purchase,
import, manufacture, sale, re-sale,
transfer and/or disposition of
chainsaws for every permit
issued.
P500.00 -- Permit Fee for
chainsaw registration
P500.00 -- Permit Fee for renewal
of registration or permit.
PENAL PROVISIONS (Sec. 12,
DAO 2003-24)

1. Selling, Purchasing, Re-selling,

Transferring, Distributing or
Possessing a Chainsaw Without a
Proper Permit
-IMPRISONMENT of 4 yrs to 2 mos
& 1 day to 6 yrs or a FINE of not less
than P15,000 but not more than
P30,000 or both at the discretion of the
court, & chainsaw/s is confiscated in
favor of the government.
2. Unlawful Importation or
Manufacturing of Chainsaw

–IMPRISONMENT of not less than 1

mos nor more 6 mos & a FINE of not
less than P 1,000 nor more than P
4,000.
3. Tampering of Engine Serial
Number of chainsaws

--IMPRISONMENT of not less

than 1 mo nor more than 6 mo &
a FINE of not less than P1,000
nor more than P4,000
4. Unlawful Use of Chainsaw

--IMPRISONMENT of 6 years & 1

day to 8 yrs or a FINE of not less
than P30,000 but not more than
P50,000 or both at the discretion of
the court without prejudice to
being prosecuted for a separate
offense that may have been
simultaneously committed. The
chainsaw shall be confiscated in
favor of the government.
CHAINSAW SUBJECT TO
CONFISCATION (Sec. 13, DAO 2003-24)
1. Chainsaws sold, purchased, resold,
transferred, distributed, leased, rented, lent or
possessed WITHOUT PROPER permit or
authority from the Department.
2. Chainsaws possessed & actually used to cut
trees & timber in forest land or elsewhere
WITHOUT VALID Certificate of
Registration.
3. Chainsaws used as a tool or implement in
cutting, gathering, collecting, removing &/or
processing timber or forest products
WITHOUT LEGAL documents.
CONFISCATION OF
CHAINSAW (Sec. 14, DAO 2003-24)
1. JUDICIAL CONFISCATION
--- Criminal case filed under Section 7, item
(1) and (4) of R.A. 9175 An Act
Regulating the Ownership, Possession,
Sale, Importation and Use of Chainsaws,
Penalizing Violations thereof. ---- when
sold, purchased, resold, transferred,
distributed, leased, rented, lent or
possessed and chainsaws possessed &
actually used to cut trees & timber in forest
land or elsewhere without authority.
CONFISCATION OF
CHAINSAW (Sec. 14, DAO 2003-24)
2. ADMINISTRATIVE
CONFISCATION UNDER P.D.705
--- Sec. 77 & 77-A of P.D. 705, as
amended, & as implemented by DAO
97-32
--- chainsaw used in cutting,
gathering, collecting, removing &/or
processing timber or forest products
without legal documents.
REWARDS (Sec. 15, DAO 2003-24)
Any person who voluntarily gives
information leading to the recovery or
confiscation of illegally possessed or
unregistered chainsaw & the resultant
conviction of persons charged thereof,
shall be entitled to a reward equivalent
to 20% of the value of the chainsaw
unit(s) so confiscated.
SECRETARIAT (Sec. 16, DAO 2003-24)
 Based at FMB
 Keeps & maintains records of
chainsaw registration (imports,
registered, confiscated and
auctioned-off)
 Consolidate monthly reports

* CENROs thru PENROs and ROs

submit monthly report of chainsaw
purchased, importers, manufacturers,
and dealers, confiscated, disposed
REVOCATION OF
CERTIFICATE
REGISTRATION
(Sec. 17, DAO 2003-24)

Registration of Chainsaw used in

violation of R.A. 9175, DAO 2003-24,
and other Environmental Laws, Rules
and Regulations, shall be revoked by
the PENR Office concerned.

Except in cases of force majeur or where

public safety is at stake.
REVOCATION OF
CERTIFICATE
REGISTRATION
(Sec. 17, DAO 2003-24)

Registered Chainsaws may be lease,

rented or lent for a legal purpose subject
to the approval of the CENRO
concerned otherwise the registration
shall be revoked, except in cases of force
majeur or where public safety is at
stake.
Lost registered chainsaw
should be reported by
owner/user to nearest DENR
Office within 3 days from date
of loss. The DENR Office shall
issue a recall of the CR,
likewise informs the issuing
CENRO of said recall,
including the DENR Secretary
through FMB.
Owners of registered &
unserviceable chainsaws --
immediately report to CENRO
concerned, shall request for
revocation of the CR (if still not
expired), & owner shall inform
CENRO in writing that he/she is
no longer interested in renewing
his/her CR.
PRESIDENTIAL DECREE No. 705
“Revised Forestry Code”
May 19, 1975
 PRESIDENTIAL DECREE NO. 705
As amended by:
 P.D. No. 1559;
 P.D. No. 865;
 P.D. No. 1775;
 Batas Pambansa (B.P.) Blg. 701;
 B.P. Blg. 83;
 RepublicAct (R.A.) No. 7161;
Executive Order (E.O.) No. 277 and
 83 O.G. No. 31
 PRESIDENTIAL DECREE No. 705

SECTION 77-A. Administrative Authority of the

Department Head or His Duly Authorized
Representative to Order Confiscation. – In all
cases of violations of this Code or other forest
laws, rules and regulations, the Department Head
or his duly authorized representative, may order
the confiscation of any forest products illegally
cut, gathered, removed, or possessed or
abandoned, and all conveyances used either by
land, water or air in the commission of the
offense and to dispose of the same in accordance
with pertinent laws, regulations or policies on the
matter.
 Section 44 Visitorial Power
 The Department Head may, by himself or
thru the Director or any qualified person
duly designated by the Department
Head, investigate, inspect and examine
records, books and other documents
relating to the operation of any holder of a
license agreement, license, lease, or
permit, and its subsidiary or affiliated
companies to determine compliance with
the terms and conditions thereof, this
Code and pertinent laws, policies, rules
and regulations.
Prohibited Acts and Elements
Section 77 – 86
 Section 77
1. Cutting, gathering, collecting or removing of
timber or other forest products from any forest
land without authority.

Elements:
a) there must be cutting, gathering, collecting
or removing of timber or other forest products;
b) the timber or other forest product is cut,
gathered, collected or removed from any
forest land; and
c)the cutting, gathering, collecting or
removing is without authority.
 Section 77
2.Cutting, gathering, collecting or removing
of timber from alienable or disposable public land
or from private land.

Elements:

a) there must be cutting, gathering,

collecting or removing of timber;
b) the timber is cut, gathered, collected or
removed from alienable or disposable
public or from private land; and
c) the cutting, gathering, collecting or
removing is without authority.
 Section 77
3. Possession of timber and other
forest products without legal
documents

Elements:
a) timber and/or other forest products
are found in possession of a person;
b) such person doest not have legal
documents.
Note:
1.ORIGINAL permit or transport
documents must ACCOMPANY
forest products (being moved
or transported) at ALL TIMES
(Section 2a ,DAO 97-32);
2.Apprehending Officers must
turn over the forest products to
DENR ( Rule 12 Rules of
Procedure for Environmental
Cases; April 29, 2010)
 Section 78
Unlawful occupation and
destruction of forest lands
Elements:
a) Any person enters any forestlands
b) That person has no authority
under a license agreement, lease,
license or permit;
c) That person do any of the
following acts:
 Section 78
1. occupies or possesses or makes kaingin for
his own benefit or for others ;
2.in any manner destroys such forestlands ;
3. in any manner cause any damage to the
timber stand, or other products and forest
growth found therein;
4. assists, aids, abets any other person to do
so;
5. sets fire or negligently permits fire to be
set therein;
6. refuses to vacate the area when ordered
to do so.
 Section 79
Pasturing livestock without permit in forest
lands and alienable and disposable lands not
yet disposed of.

Elements:
a) The offender graze or cause to graze
livestock in forest lands, grazing lands and
alienable and disposable land not yet been
disposed in accordance with Public Land Act;
b) The offender is without authority under a
lease or permit.
 Section 80
Illegal occupation of National Parks System
and recreation areas and vandalism therein

Elements:
a) The offender in any manner cut, destroy,
damage or remove timber or any species of
vegetation or forest cover and other
natural resources found in the National
Park system and recreation area;
b) Such acts as above mentioned is without
any permit.
 Section 81

Destruction of Wildlife Resources

Element:
a) The offender violates the measures
adopted by the Department to
conserve wildlife.
 Section 82

Survey by Unauthorized Person

Elements:
a) A person enters any forestlands and
conduct or undertake a survey for
whatever purpose ;
b) Such survey is without permit
 Section 83

Misclassification and Survey by Government

Official or Employee

Elements:
a) A public officer or employee knowingly
surveys, classifies, or recommends the
release of forest lands as alienable and
disposable lands ;
b) Such classification or recommendation is
contrary to the criteria and standards
established or with the existing rules and
regulations on the matter.
 Section 84
Tax Declaration on Real Property

Elements:
a) A public officer or employee issues a tax
declaration on real property;
b) Such issuance is without a certification
that the land is alienable and disposable.
Exception: unless the property is titled
or has been occupied and possessed by
members of the national cultural
minorities prior to July 4, 1955.
 Section 85
Coercing/Influencing a public officer
or employee to commit violations of
Section 83 and 84

Elements:
a) The offender coerces, influences,
abets or persuades a public officer or
employee referred to in Sections 83
and 84 ;
b) The public officer or employee was
coerced, influenced abetted or
persuaded to violate Section 83 and
 Section 86

1. Payment, Collection and Remittance of

Forest Charges .

Element:

a) The offender fails to pay the amount

due and payable under the provisions of this
Code, the National Internal Revenue Code, or
the rules and regulations promulgated.
 Section 86

b) The offender:
i. Fails or refuses to remit to the
proper authorities said forest charges
collectible pursuant to the provisions of
this Code or the National Internal
Revenue Code
ii. Delays, obstructs or prevents the
same,
iii. Orders, causes or effects the transfer
or diversion of the funds for purposes
other than those specified in this Code.
ADMINISTRATIVE
ADJUDICATION
PROCEEDING
UNDER DAO 97-32
 STEP 1

DENR Monitoring
Stations or Law
Enforcement
Agencies Check
Points
 The DENR Monitoring Stations or
Law Enforcement Agency (LEA)
check points personnel, in the
performance of their duties will
usually apprehend or provide
information to Apprehending
Officer (AO) concerned regarding
violations of Section 77 of P.D.705.
 STEP 2

Determination
of Probable
Cause
(Section 4.)
 Determination of Probable
Cause (Sec.4)
 The AO will determine whether there is probable cause
by examining the documents of the alleged offender.
Any timber is considered a product of illegal logging if it
was removed, cut, collected, processed and/or
transported:

a. without the requisite authorization or permit; or

b. with incomplete required supporting documents;
c. with genuine authorizations or permits and/or
supporting documentation that have an
expired validity, have been cancelled or that
contain forged entries; or
 Determination of Probable
Cause (Sec.4)

d. with spurious (fake) authorizations, permits

and/or supporting documentation. In implementing
these Rules, original documents shall be required at
all times to actually accompany any forest products
being moved or transported to any place and for any
purpose. Whenever the requisite authorization and/or
supporting documentation are required to but do not
actually accompany the forest products, such absence
constitutes a violation covered by these Rules.
 It is presumed that the alleged offender
Intended to defraud the Government if:
 In case the quantity or volume of a shipment or
stock of forest products exceeds what is
authorized, documented, manifested or declared:

(i) by five percent (5%) or more, in case of

timber, and/or
(ii) by two percent (2%) or more, in case of lumber;
and/or

 Upon discovery of a misdeclaration on the quantity

and species being verified pursuant hereto.
 STEP 3A STEP 3A-1
Stamp the
No Probable Documents as
STEP 2 Cause inspected and END
(Sec. 4.2.) released( Sec. 4.2.)

Determination
of Probable
Cause
(Section 4.)

STEP 3B STEP 4

With Probable Apprehension

Cause
(Sec. 4.3a.) (Sec. 3.1.)
 Without Probable Cause
STEP 3A (Sec. 4.2)
Based on the examination of the
documents pertaining to the
forest products the AO found
that there is no probable cause
to apprehend.
With Probable Cause
STEP 3B (Sec. 4.3)
Based on the examination of the
documents pertaining to the forest
products the AO found that there is
probable cause to apprehend.
AO shall personally examine the
alleged offender and any witnesses
appearing before him in order to satisfy
himself that an offense has been
committed, the evidence at hand
indicates the offender is probably
guilty thereof, and that the items
delivered to him are the proceeds of the
violation.

STEP 3A-1 (Sec. 4.2)

AO will conduct an ocular inspection and
immediate release of the forest products The AO will proceed to apprehend
by stamping the documents as inspected, the forest products.
affixing the date, fact of inspection and
release thereof.
 STEP 4
Apprehension
(Sec. 3.1.)
 Apprehension

It is the temporary possession and

control over illegal forest products
and/or machinery/equipment/tools &
implements used in the possession,
gathering, collecting, processing and
or transporting of the same as well as
any conveyance used in transporting
such.
Who may apprehend? (Sec. 3.1)

1. Forest Officers

2.Deputies
3.Members of LEA
4.Private Citizen
Who may apprehend? (Sec. 3.1)

1. Forest Officers

2.Deputies
3.Members of LEA
4.Private Citizen
Circumstances under which warrantless
arrest is allowed

1. When in the presence of the law

enforcers, the persons to be arrested
have committed, are committing or will
commit a crime.
 
2. When an offense has just been
committed, and he has probable
cause to believe based on personal
knowledge of facts or circumstances
that the persons to be arrested has
committed it.
 STEP 5A STEP 5A-1

Sec.8. Sec. 8 Posting of

STEP 4 Abandoned notice of
Illegal Forest Apprehension
Sec. 3.1. Products
Apprehension

STEP 5B STEP 5A-2 STEP 6

Delivery of
Apprehended Preparation of Apprehended
Illegal Forest Apprehension
Items to
Products, etc. Report (Sec. 8.2 )
Seizure Officer
(Sec.5)
(Sec. 6.1 )
ABANDONED ILLEGAL FOREST PRODUCTS
(Sec. 8)
For abandoned forest products, the AO
shall:

1. Photograph and document the items and

the scene of the crime;
2. Shall identify, date, caption, and write
his full name and affix his signature at
the back of each photo; and
3. Post a Notice of Apprehension on site.
 
 BACK OF PICTURES

1. Q. Do you know the circumstances behind this photo?

(Alam mo ba ang pinagmulan ng litratong ito?)
A. Yes (Opo)
2. What can you say about this photo?
(Anong masasabi mo sa litratong ito?)
A. This a picture taken over abandoned forest
products that we apprehended.
3. When was this photo taken?
A. This photo was taking during one of our regular
monitoring or patrolling on May 3, 2016.
4. Where was this picture taken?
(Saan kinunan ang litratong ito?)
A. It was taken in Cugman, Cagayan De Oro City.
(Kinunan po iyon sa Cugman, Cagayan De Oro City.)

(signature)
JUAN REYES
Forest Ranger/Apprehending Officer
 POSTING OF NOTICE OF APPREHENSION
(Sec.8.2)

A notice of the apprehension
shall be left by the AO on-site,
posted or tacked into the
nearest tree, wall or other
similar permanent structure.
 POSTING OF NOTICE OF APPREHENSION
(Sec.8.2)
 In this connection, the notice shall contain the
following:

1. date, time and place of the apprehension;

2. full printed name, designation and signature of the

apprehending officer;

3. a complete, itemized list of the item(s) apprehended;

4. a summary statement of the violation(s) cited; and

5. full printed name and office address of the seizure

officer to whom said items will be submitted as
required by these Rules.
 NOTICE OF APPREHENSION 
May 3, 2016
11:00 am
Cugman, Cagayan De Oro City
 
To whom it may concern: 
Please be informed that FOLLOWING ABANDONED
FOREST ITEMS will be turned-over to CENRO________
of _________ to undergo ADMINISTRATIVE
ADJUDICATION pursuant to DAO 97-32 of DENR.
 
(List the items here)
 Prepared by:  Delivered to:

(signature)
Juan Reyes (AO) Pedro Cruz (SO)
PREPARATION OF APPREHENSION
REPORT (Sec.8.2)

The Apprehending Officer

will prepare an Apprehension
Report to be submitted to
the nearest Seizure Officer.
APPREHENDED ILLEGAL FOREST PRODUCTS,
ETC. (Sec. 5)
 After accomplishment of the general
requirements for apprehension,
APPREHENSION RECEIPT shall be prepared
and given to the offender with the following
information:
1. Precise nature of the offense;
2. Time, date and place of issuance of AR; and
3. Full names in print and signature of
Administrative Officer or individual and the
offenders.
 PROVISIONAL RECEIPT (Sec. 5.2)

A Provisional Receipt in written

form shall be issued if more time is
required to complete the counting,
measurement, description, scaling,
weighing and/or value estimation
and must contain the date, time
and place of resumption of such
activities
 STEP 6
Delivery of
Apprehended Items
to Seizure Officer
(Sec. 6.1 ) and the
violator/s thereof to
peace officers
Delay in the Delivery of Detained Persons to the
Judicial Authorities

Article 125 of the Revised Penal Code requires

that a law enforcer who detains a person
apprehended on some legal ground, to
immediately deliver the persons apprehended to
the proper judicial authorities within the following
period:

a.12 hours for offenses punishable by light

offenses. Light offenses include public censure
and arresto menor (imprisonment from 1 to 30
days)
 

 
b. 18 hours for offenses punishable by
correctional penalties. Correctional penalties
include suspension, arresto mayor
(imprisonment from 1 month and 1 day to 6
months) and prison correccional (imprisonment
from 6 months and 1 day to 6 years).

c. 36 hours for offenses punishable by afflictive

penalties. Afflictive penalties include: prision
mayor (imprisonment from 6 years and 1 day to
12 years), perpetual or temporary special
disqualification, perpetual or temporary
absolute disqualification, reclusion temporal
(imprisonment from 12 years and 1 day to 20
years), reclusion perpetual (imprisonment from
20 years and 1 day to 40 years).
DELIVERY OF APPREHENDED ITEMS
(Sec. 6.1)
 The apprehended items must be
delivered to the nearest Seizure Officer
(SO)
The following may act as SO under
Section 3.2:
1. RD,ARD,

2. PENRO, SFMS, SEMS

3. CENRO, LMO III, FMO III
4. Other officials designated by the Secretary
DELIVERY OF APPREHENDED ITEMS
(Sec. 6.1)
 The apprehended items must be
delivered to the nearest Seizure Officer
(SO)
The following may act as SO under
Section 3.2:
1. RD,ARD,

2. PENRO, SFMS, SEMS

3. CENRO, LMO III, FMO III
4. Other officials designated by the Secretary
STEP 7

Verification
of Existence of
a Prima Facie
Case (Sec. 6.2 )
 VERIFICATION OF EXISTENCE OF A PRIMA
FACIE CASE (Sec. 6.2)

 SO (Seizure Officer) shall verify

the existence of prima facie case
by personally examining the AO
and their witnesses.
 STEP 7A STEP 7A-1
STEP 7
Without Issuance of
Prima Release Order END
(S6.2)
Facie Case
Verification
of Existence
of a Prima STEP 8
Facie Case STEP 7B
(Sec. 6.2 )
Issuance of Seizure
With Receipt of Items
Prima Apprehended and
Facie Case Seizure Order
(S6.2)
STEP 7A
Upon examination, the SO found that there is no
Prima Facie Case.

STEP 7A-1
ISSUANCE OF RELEASE ORDER (Sec.6.2)
In the absence of a prima facie case, the SO shall
issue a Notice of Issuance of Order for Release for
the immediate release of the confiscated forest
products.

STEP 7B
Upon examination, the SO found that there is a
Prima Facie Case.
 STEP 8
Issuance of Seizure
Receipt of Items
Apprehended and
Seizure Order (Sec. 6.2)
ISSUANCE OF SEIZURE RECEIPT OF
ITEMS APPREHENDED SEIZURE AND
SEIZURE ORDER (Sec. 6.2)

If there exists a prima

facie case, the SO shall
issue a Seizure Order
and Seizure Receipt
 Note:
 Issuance of Seizure Receipt must
contain the following:
 1. date, place, time;
 2. name of AO or individual;
 3. list of items.

If delivery cannot be effected,

temporary safekeeping at the nearest
government office, otherwise, AO or
individual must keep it until delivery to
SO.
 STEP 9
Posting and
issuance of Notice
of Hearing
(Sec. 6.1 & 8.3)
 Issuance of Notice of Hearing
(Sec. 6.1)
Notice of Hearing shall be
issued by SO to the parties
concerned within one (1)
calendar week from the date of
Seizure Order or two (2)
calendar weeks upon written
request of all parties.
 Posting of Notice of Hearing
for Abandoned Illegal Forest
Products (Sec. 8.3)
Notice of Hearing shall be
posted three (3) times. Once
every week for three (3)
consecutive weeks in three (3)
public places.
 STEP 10
Adjudication
Proceedings or Hearing
Proper (Sec.7)

Temporary
Release of
conveyance
ADJUDICATION PROCEEDINGS OR
HEARINGPROPER (Sec.7)
1. Issuance of a Notice of Hearing-within one (1)
calendar week from issuance of SO or upon
written request and signature of all interested
parties, within two (2) calendar weeks from
said date.

2. Hearing proper (Seizure Officer is also the

Hearing Officer):
a)Summary hearing
b)Counsel allowed
c)Rules of court suppletory
d)Submission of memorandum
 TEMPORARY RELEASE OF CONVEYANCE
(Sec.9)

Conveyance must be for personal, commercial or

any legal use.

 Requirements:

1. Original Official Receipt (OR) and Certificate of

Registration (CR)

2. Applicant/movant is :
a. Not among the apprehended offenders
b. Not previously held administratively/criminally
liable for violation
c. Available evidence does not indicate
participation therein
 TEMPORARY RELEASE OF CONVEYANCE (Sec.9)

d. Must execute an Affidavit of Undertaking containing

the following:
I. declaring the precise nature of his claim thereon;
II. declaring that he has not previously been held
administratively or criminally liable for violation of
forestry laws;
III. describing the precise lawful use(s) to which the
conveyance shall/may be applied during the pendency
of the case;
IV. stating the replacement cost of the conveyance at the
time the application is filed; and
V. an unconditional undertaking to return possession of
the conveyance to the DENR as may be required for
the final disposition of the case.
 
 TEMPORARY RELEASE OF CONVEYANCE (Sec.9)

d. Must execute an Affidavit of Undertaking containing

the following:
I. declaring the precise nature of his claim thereon;
II. declaring that he has not previously been held
administratively or criminally liable for violation of
forestry laws;
III. describing the precise lawful use(s) to which the
conveyance shall/may be applied during the pendency
of the case;
IV. stating the replacement cost of the conveyance at the
time the application is filed; and
V. an unconditional undertaking to return possession of
the conveyance to the DENR as may be required for
the final disposition of the case.
 
STEP 11

Decision
(Sec. 7.4)
 DECISION (Sec. 7.4) 

 The Regional Executive Director, upon

recommendation of the Hearing Officer, will
render a decision based on substantial
evidence and shall become final and
executory upon the lapse of fifteen (15)
calendar days unless a Motion for
Reconsideration is filed.
 STEP 12
Motion for
Reconsideration
(Sec. 7.5)
MOTION FOR RECONSIDERATION (Sec. 7.5)
 

1. Only one Motion for Reconsideration is

allowed;
2. It must be filed within 15 calendar days
upon receipt of the decision.
 STEP 12
Motion for
Reconsideration
(Sec. 7.5)
 STEP 13
Appeal to the
Secretary of DENR
(Sec. 7.6)
APPEAL TO THE DENR
SECRETARY (Sec. 7.6)

1. Within a non-extendible period of fifteen

(15) calendar days from receipt of the
denial of the Motion for Reconsideration;

2. Payment of Appeal fee; and

3. Filed before the Office of the Secretary

 STEP 14
Motion for
Reconsideration
(Sec. 7.5)
 MOTION FOR RECONSIDERATION

1. Only one Motion for Reconsideration is

allowed;
2. It must be filed within 15 calendar days
upon receipt of the decision of the
Secretary.
 STEP 18
Finality of Decision
(Sec. 7.8)
FINALITY OF THE DECISION (Sec.7.8)
 

 Once the decision is already final and executory,

the USEC for Legal shall issue a Certificate of
Finality with a recommendation for its execution.
STEP 19
Termination
of the Case
(Sec. 7.9 )
 Upon approval by the Secretary,
confiscated items shall become
permanent property of the
Government and entered into the
books as such and disposed of in
accordance with law. The
Secretary's approval shall be
attached to and shall form part of
the permanent records of the
case, which, from the date
thereof, is considered, terminated
and closed.
 Upon approval by the Secretary,
confiscated items shall become
permanent property of the
Government and entered into the
books as such and disposed of in
accordance with law. The
Secretary's approval shall be
attached to and shall form part of
the permanent records of the
case, which, from the date
thereof, is considered, terminated
and closed.
 A.M. No. 09-6-8-SC
RULES OF PROCEDURE FOR
ENVIRONMENTAL CASES
 RULE 21
DOCUMENTARY EVIDENCE
 Section 1. Photographic, video and
similar evidence. - Photographs, videos
and similar evidence of events, acts,
transactions of wildlife, wildlife by-
products or derivatives, forest products
or mineral resources subject of a case
shall be admissible when authenticated
by the person who took the same, by
some other person present when said
evidence was taken, or by any other
person competent to testify on the
accuracy thereof.
 RULE 21
DOCUMENTARY EVIDENCE
 Section 2. Entries in official
records. - Entries in official
records made in the
performance of his duty by a
public officer of the Philippines,
or by a person in performance of
a duty specially enjoined by
law, are prima facie evidence of
the facts therein stated.
 RULE6
STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION
 Section 1. Strategic lawsuit against
public participation (SLAPP). - A legal
action filed to harass, vex, exert undue
pressure or stifle any legal recourse that
any person, institution or the government
has taken or may take in the enforcement
of environmental laws, protection of the
environment or assertion of
environmental rights shall be treated as a
SLAPP and shall be governed by these
Rules.
 RULE6
STRATEGIC LAWSUIT AGAINST PUBLIC
PARTICIPATION
 Section 2. SLAPP as a defense; how
alleged. - In a SLAPP filed against a person
involved in the enforcement of
environmental laws, protection of the
environment, or assertion of environmental
rights, the defendant may file an answer
interposing as a defense that the case is a
SLAPP and shall be supported by documents,
affidavits, papers and other evidence; and,
by way of counterclaim, pray for damages,
attorney’s fees and costs of suit.
 Inquest Procedures
(DOJ Circular No. 61, 1993)
Evidence Needed for an
Inquest Proceedings
 SEC. 4.Particular Documents
Required in Specific Cases.—The
submission, presentation of the
documents listed herein below
should as far as practicable, be
required in the following cases by
the Inquest Officer.
 Violation of the Forestry Law (PD 705)
 a. scale sheets containing the volume and
species of the forest products confiscated,
number of pieces and other important
details such as estimated value of the
products confiscated;
 b. certification of Department of
Environment and Natural
Resources/Bureau of Forest Management;
and
 c. seizure receipt. The submission of the
foregoing documents shall not absolutely
be required if there are other forms of
evidence submitted which will sufficiently
establish the facts sought to be proved by
the foregoing documents.
END
 THANK YOU!
PETROVICH B. TAMAG, LLB., REB.
CONTRACT MANAGEMENT SPECIALIST
INREMP-NCPO