Republic of the
PhilippinesDEPARTMENT OF
ENVIRONMENT
AND NATURAL RESOURCESDEPARTMENT OF
THE INTERIOR
AND LOCAL GOVERNMENTJOINT MEMORANDUM
CIRCULARNO. 98-01MANUAL OF
PROCEDURES
FOR DENR-DILG-LGU PARTNERSHIP ON DEVOLVED AND OTHER FOREST MANAGEMENT
FUNCTIONS
Pursuant to Republic Act
7160, otherwise known as the Local Government Code of 1991,
Presidential
Decree 705 as amended, otherwise known as the Forestry Reform Code of
the
Philippines ; Executive Order No. 192 defining the mandates,
organization,
and functions of the Department of Environment and Natural Resources
(DENR),
DENR Administrative Order No. 30, Series of 1992 prescribing the
guidelines
for the transfer and implementation of DENR functions; the following
Manual
of Procedures is hereby promulgated to effectively implement devolution
of forest management functions and enhance partnership between the LGUs
and the DENR.chanrobles virtualawlibrary
Section 1. Basic Policies
Subject to the general policies
on devolution as contained in RA 7160 and DENR Administrative Order No.
30, Series of 1992, the following basic policies shall govern the
implementation
of DENR-DILG-LGU partnership on devolved and other forest management
functions:chanroblesvirtuallawlibrary
1.1 The
Department
of Environment and Natural Resources (DENR) shall be the primary
government
agency responsible for the conservation, management, protection, proper
use and sustainable development of the country’s environment and
natural
resources.
1.2 The LGUs shall
share
with DENR the responsibility in the sustainable management and
development
of the forest resources within their territorial jurisdiction. Toward
this
end, the DENR and the LGUs shall endeavor to strengthen their
collaboration
and partnership in forest management.
1.3 Comprehensive
land use
and forest land use plans are important tools in the holistic and
efficient
management of forest resources. Toward this end, the DENR and the LGUs
together with other government agencies shall undertake forest land use
planning as an integral activity of comprehensive land use planning to
determine the optimum and balanced use of natural resources to support
local, regional and national growth and development.
1.4 To fully
prepare the
LGUs to undertake their shared responsibilities in the sustainable
management
of forest land resources, the DENR, in coordination with DILG, shall
enhance
the capacities of the LGUs in the various aspects of forest management.
Initially, the DENR shall coordinate, guide and train the LGUs in the
management
of the devolved functions. As the LGUs’ capacity in forest management
is
enhanced, the primary tasks in the management of devolved functions
shall
be performed by the LGUs and the role of the DENR becomes assistive and
coordinative.
1.5 To further the
ends of
local autonomy, the DENR in consultation with the LGUs shall devolved
additional
functions and responsibilities to the local government units, or enter
into agreements with them for enlarged forest management and other
ENR-related
functions.
1.6 To seek
advocacy, popular
support and ultimately help achieve community empowerment, DENR and
DILG
shall forge the partnership and cooperation of the LGUs and other
concerned
sectors in seeking and strengthening the participation of local
communities
for forest management including enforcement of forestry laws, rules and
regulations.
Section 2. Objectives
This Manual of Procedures
has the following objectives:chanroblesvirtuallawlibrary
2.1 Operationalize and make
effective the devolution of forest management functions from the DENR
to
the LGUs as contained in Republic Act 7160 and DENR Administrative
Order
No. 30, Series of 1992.
2.2 Strengthen and institutionalize
DENR-DILG-LGU partnership and cooperation on devolved and other forest
management functions.
2.3 Serve as reference for
the DENR, DILG and the LGUs in the implementation, monitoring and
evaluation
of devolved and other forest management functions.
Section 3. Provisions of
RA 7160 on Devolved Forest Management Functions from DENR to LGUs
The pertinent provisions
of RA 7160 (Local Government Code of 1991) providing for the devolution
of forest management functions from the DENR to the LGUs are cited
below.
“SECTION 17.
Basic
Services and Facilities.- (a) Local government units shall endeavor to
be self-reliant and shall continue exercising the powers and
discharging
the duties and functions currently vested upon them. They shall also
discharge
the functions and responsibilities of national agencies and offices
devolved
to them pursuant to this Code. Local government units shall likewise
exercise
such other powers and discharge such other functions and
responsibilities
as are necessary, appropriate, or incidental to efficient and effective
provision of the basic services and facilities enumerated therein.”
“(b) Such basic
services
and facilities include, but are not limited to, the following:”
3.1 For a Province
“Pursuant to national
policies
and subject to supervision, control and review of the DENR, enforcement
of forestry laws limited to community-based forestry projects, xxx.”
Sec.
17, (b) (3) (iii)
3.2 For a Municipality
“Extension
and on-site
research services and facilities related to x x x, and enforcement of
fishery
laws in municipal waters including the conservation of mangroves.” Sec.
17 (b) (2) (i)
“Pursuant to
national policies
and subject to supervision, control and review of the DENR,
implementation
of community-based forestry projects, which include integrated social
forestry
programs and similar projects; management and control of communal
forest
with an area not exceeding fifty (50) square kilometers, establishment
of tree parks, greenbelts, and similar forest development projects.”
Sec.
17 (b) (2) (ii)
3.3 For a City
“All the
services
and facilities of the municipality and provinces, x x x.” Sec. 17 (b)
(4)
The other provisions of
the
Code that pertain to forest management functions to be performed by the
local government units and/or their chief executives are:chanroblesvirtuallawlibrary
3.4 To the Municipal Mayor
“For
efficient,
effective and economical governance the purpose of which is the general
welfare of the municipality government, and in this connection shall: x
x x Adopt adequate measures to safeguard and conserve x x x forest, and
other resources of the municipality ; x x x Sec. 444 (b) (3) (vii)
3.5 To the Sangguniang
Bayan
“Approve
ordinances
and pass resolutions necessary for an efficient and effective municipal
government, and in this connection shall: x x x Protect the environment
and impose appropriate penalties for acts which endanger the
environment,
such as x x x illegal logging and smuggling of logs, smuggling of
natural
resources products and of endangered species of flora and fauna, slash
and burn farming x x x.” Sec. 447 (a) (1) (vi)
“Approve ordinances
which
shall ensure the efficient and effective delivery of the basic services
and facilities as provided for under Section 17 of this Code, and in
addition
to said services and facilities, shall: Provide for the establishment,
maintenance, protection, and conservation of communal forests and
watersheds,
tree parks, greenbelts, mangroves, and other similar forest development
projects.” Sec.447 (a) (5) (i)
3.6 To the City Mayor
"Ensure the
delivery
of basic services and the provision of adequate facilities as provided
for under Section 17 of this Code x x x." Sec. 455 (b) (4)
3.7 To the Sangguniang
Panglungsod
“Approve
ordinances
and pass resolutions necessary for an efficient and effective city
government,
and in this connection, shall: x x x Protect the environment and impose
appropriate penalties for acts which endanger the environment, such as
x x x illegal logging and smuggling of logs, smuggling of natural
resources
products and endangered species of flora and fauna, slash and burn
farming,
x x x.” Sec. 458 (a) (1) (vi)
“Approve
ordinances
which shall ensure the efficient and effective delivery of basic
services
and facilities as provided for under Section 17 of this Code, and in
addition
to said services and facilities, shall: Provide for the establishment,
maintenance, protection and conservation of communal forests and
watersheds,
tree parks, greenbelts, mangroves, and other similar forest development
projects.” Sec. 458 (a) (5) (i)
3.8 To the Provincial
Governor
“For
efficient,
effective and economical governance the purpose of which is the general
welfare of the province and its inhabitants pursuant to Section 16 of
this
Code, the provincial governor shall:chanroblesvirtuallawlibrary
“Adopt
adequate
measures to safeguard and conserve x x x, forest and other resources of
the province, in coordination with the mayors of component cities and
municipalities:”
465 (b) (3) (v)
“Ensure the
delivery
of basic services and the provision of adequate facilities as provided
for under Section 17 of this Code, x x x." Sec. 456
3.9 To the Sangguniang
Panlalawigan
"Approve
ordinances
and pass resolution necessary for an efficient and effective provincial
government and in this connection, shall: Protect the environment and
impose
appropriate penalties for acts which endanger the environment, such as
x x x illegal logging and smuggling of logs, smuggling of natural
resources
products and of endangered species of flora and fauna, slash and burn
farming
x x x" Sec 468 (a) (1) (vi)
The Local Government
Code did
not devolve any specific forest management functions to the barangays.chanrobles virtualawlibrary
Section 4. Definitions
4.1 Communal Forest
refers
to a tract of forest land set aside by the Secretary of the DENR upon
the
recommendation of the concerned LGU for the use of the residents of a
municipality/city.
Said residents may cut, collect and remove forest products for their
personal
use in accordance with existing laws and regulations and subject to the
provision that utilization of resources therein shall be in accordance
with sustainable development. For this purpose, the concerned LGU with
the assistance of the DENR shall prepare sustainable operations plan
prior
to any utilization.
4.2 Community Environment
and Natural resources Office (CENRO) refers to the DENR Office, headed
by a Community Environment and Natural Resources Officer Appointed by
the
Secretary of DENR, which is responsible for the implementation of DENR
policies, programs, project and activities and the enforcement of ENR
laws
and regulations in the community level.
4.3 Community Based Forest
Management Program refers to the program involving local communities
which
integrates and unites the Integrated Social Forestry Program (ISFP),
Forestry
Sector Program, Forestry Sector Project, Forest Land Management
Agreement
Program (FLMP), Community Forestry Program (CFP), Ancestral Domains
Management
Program (ADMP) and other people oriented forestry projects.
4.4 Community Watershed Areas
refer to forest lands set aside by the Secretary of the DENR upon the
recommendation
of the concerned LGU as sources of water supply for specific local
communities
subject to the provision that the utilization thereof shall be in
accordance
with sustainable development.
4.5 DENR refers to the Department
of Environment and Natural Resources.
4.6 DENRO refers to
Deputized
Environment and Natural Resources Officer with power and authority as
provided
for by law and spelled out in the deputation.
4.7 DILG refers to the
Department
of the Interior and Local Government.
4.8 Devolution refers to
the act by which the national government confers power and authority,
upon
the various LGUs to perform specific functions and responsibilities.
4.9 Environment and
Natural
Resources Officer (ENRO) refers to the LGU official who may be
appointed
by the concerned Local Chief Executive and who shall be directly
responsible
for the Planning and implementation of the devolved DENR functions.
4.10 Foreign Assisted
Projects
refers to DENR projects that are wholly or partially funded from
foreign
sources.
4.11 LGU refers to Local
Government Unit either at the barangay, municipal, city or provincial
level.
4.12 Provincial
Environment
and Natural Resources Office (PENRO) refers to the DENR office, headed
by the Provincial Environment and Natural Resources Officer appointed
by
the Secretary of the DENR, which is responsible for the implementation
of DENR policies, programs and projects in the province.
4.13 Protected Areas
refers
to identified portions of land and water set aside by reason of their
unique
physical and biological significance and are managed to enhance
biological
diversity and protected against destructive human exploitation as
provided
for in RA 7586, otherwise known as the National Integrated Protected
Areas
Systems (NIPAS) ACT of 1992.
4.14 Regional
Environment
and Natural Resources Office (RENRO) refers to the DENR Office headed
by
a Regional Executive Director (RED) appointed by the President that is
responsible for the coordination and implementation of all policies,
programs
and projects on environmental and natural resources development and
conservation
of DENR in the region.
4.15 Regular
Reforestation
Projects refers to reforestation activities funded through regular
appropriation
and implemented by DENR field offices by administration or by contracts
or both s distinguished from foreign sourced funds.
Section 5. Forestry Management
Programs, Projects and Function of the DENR which Have Been Devolve to
the Local Government Units
5.1 To the Provinces
5.1.1 The
enforcement
of the laws, rules and regulations in community based forestry project
areas, community watersheds and communal forests.
5.2 To the Municipalities
5.2.1 The
implementation,
management, development of and the responsibility for the
sustainability
of the community based forestry projects and activities are now
devolved
to the municipalities here they are located.
5.2.2 The following
projects
and activities, therefore, are now part of the functions and
responsibilities
of municipalities to which the have been devolved:chanroblesvirtuallawlibrary
(a)
Integrated Social
Forestry Projects, except at least one project per province, which has
been previously identified as Centers for People Empowerment in the
Uplands
and/or Community Training Centers. However, notwithstanding such
retention
by the DENR, the management implementation and monitoring of the same
shall
be with the participation of the LGUs with the aim of strengthening the
capacity of the LGUs to manage the devolved ISF Projects. when the
situation
so warrants, the DENR Secretary may finally devolve all ISF Projects to
the municipalities through MOAs with the LGUs;
(b)
Establishment
of new regular reforestation projects, except in areas located in
protected
areas and critical watersheds;
(c) Completed
family and
community based contract reforestation projects whether regularly
funded
or foreign funded or foreign fund subject to the policies and
procedures
of the DENR , except in areas located in protected areas and critical
watersheds;
(d) Management
and supervision
of areas for forest lands covered by FLMAs;
(e) Community
Forestry Projects;
and
(f) The
management, protection
rehabilitation and maintenance of communal forests and community
watershed
areas that are sources of local water supply.
5.2.3 The conservation
of mangroves
has been devolved to the municipalities. Pursuant to RA 7161 however
the
cutting of mangrove species is not allowed. The municipalities
therefore
should conserve the mangrove areas under the category of protected
areas
status.
5.3 To the Cities
5.3.1 The
functions
and responsibility of implementing the forestry projects within the
territorial
jurisdiction of cities are now devolved to the respective cities. These
projects are those listed above as having been devolved to the
municipalities.
5.3.2 The functions
and responsibility
of enforcing forestry laws, rules and regulations within community
based
project areas, community watershed areas and communal forest that are
located
within the territorial jurisdiction of the cities are now devolved to
the
respective cities.
5.4 To the Barangays
5.4.1 There
are
no forest management functions and responsibilities that have been
devolved
to the barangays.
5.4.2 In spite of
the absence
of devolved forest management functions to the barangays, barangays
play
important roles in protecting the forests as well as in rehabilitating
degraded forest lands within or near their territorial coverage.
5.4.3 Barangay
officials
may be designated or deputized by the DENR as DENROs subject to
specific
rules and regulations to perform environmental functions, including
forest
protection upon prior consultation with the local Chief Executives.
Section 6. Institutional
Mechanisms
for the Supervision and Monitoring of the DENR-DILG-LGU Partnership on
Devolved and other Forest Management Functions
6.1 National Steering Committee
There is hereby created a
National Steering Committee that shall formulate policies and programs
toward strengthening and institutionalizing the DENR-DILG-LGU
partnership
on devolved and other forest management functions. The National
Steering
Committee shall be composed of the Secretaries and Assistant
Secretaries
for Planning of the DENR and DILG, the respective Presidents of the
Leagues
of Provinces, Cities and Municipalities. The Chair and the Co-Chair of
the National Steering Committee shall be the Secretaries of the DENR
and
DILG, respectively.
The National Steering Committee,
which shall meet at least once a year shall be supported by a National
Technical Working Group to be composed of the Directors of Forest
Management
Bureau and Planning and Policy Service Office of the DENR, and the
Bureau
of Local Government, Development and Supervision of the DILG and
Representatives
of the Leagues of Provinces Provinces, Cities and Municipalities.
The Forest Management Bureau
shall act as the Secretariat of the National Technical Working Group.
The
FMB Director shall chair the NTWG.
The Secretary of DENR shall
initiate the first meeting of the National Steering Committee together
with the National Technical Working Group within thirty (30) days from
the approval of this Manual.
6.2 Regional are likewise
created in the regional level Regional Steering Committees to oversee
and
monitor the DENR-DILG-LGU partnership on devolved and other forest
management
functions. The Regional Steering Committee shall be composed of the
Regional
Executive Director of the DENR, the Regional Director of the DILG, the
RTD for Forestry of the DENR and representatives from the Regional
Leagues
of Provinces, Cities and Municipalities.
The Regional Executive Director
of the DENR shall initiate the first meeting of said Regional Steering
Committee. The Chair and Co-Chair of the committee shall be the
Regional Executive
Director
of DENR and the Regional Director of DILG, respectively.
The office of the RTD for
Forestry shall serve as the Secretariat of the Regional Steering
committee.
6.3 Provincial, City and
Municipal Working Groups
Provincial, City and
Municipal
Working Groups may also be created to monitor the implementation of the
DENR-DILG-LGU Partnership on devolved and other forest management
functions
in accordance with Section 7 of this Manual.
Where there are already committees
in the provincial, city and municipal levels where the DENR and the
LGUs
are also members such as the Multisectoral Forest Protection Committees
(MFPCs), ENR Councils, Provincial Development Councils, Municipal
Development
Councils or other similar committees, the functions of the Steering
Communities
and Working Groups provided above may be lodged in said committees;
Provided:
a) said committees are fully apprised on this Manual and their
responsibilities
in carrying out their mandates; b) said committees pass a written
resolution
resolving to carry out the mandates of this Manual; c) the monitoring
of
the devolved and partnership functions of the DENR and LGU is forest
management
be a regular item in every meeting of the committees; and d) said
committees
come up with a strategy on how to carry out the objectives of this
Manual.
The REDs of the DENR shall
report to the National Steering Committee progress along this line and
recommend such other measures to effectively monitor and evaluate the
devolved
forest management functions and other devolved functions.
Section 7. General Procedures
In the DENR-DILG-LGU Partnership on Devolved and Other Forest
Management
Activities
7.1 Strategic Planning
Within sixty (60) days from
the effectivity of this Manual, the Regional Steering Committee shall
convene
provincial workshops among Governors, Mayors and their technical
assistants,
PENROs and CENROs, to, among others:chanroblesvirtuallawlibrary
a) Develop a
program
for information, education and communication campaigns on this Manual.
b) Prepare a
strategic plan
on how to strengthen and institutionalize the DENR-DILG-LGU partnership
on devolved and other forest management functions.
The strategic plan
shall
include, among others, joint land use planing, resources sharing, and
training
for LGU capacitation on forest management.
c) Creation
of Working
Groups composed of representatives from DENR, DILG and LGU in the
provincial,
city and municipal levels to oversee the implementation of devolved and
forest management functions and the strengthening and
institutionalizing
DENR- DILG-LGU partnership.
At the end of the
workshops,
the participants shall pass a resolution embodying the various
agreements
arrived at. Said resolution, strategic plan and the National Steering
Committee
through the National Technical Working Group for consideration.
7.2 Appointment or
Designation
of ENRO Officers
To effectively implement
the devolved and partnership activities, and to fully capacitate the
LGUs
in forest management activities, the concerned LGU my appoint or
designate
an Environment and Natural Resources Officer. The creation of an ENR
Office
in the LGUs shall also be encouraged.
In areas where the LGUs cannot
yet afford to hire an ENR Officer, or is not yet ready to appoint or
designate
an ENR Officer, the LGU concerned may enter into administrative
arrangement
with the local DENR Office such that the latter may second to the LGU
either
on a full time or part time basis one of its environmental officers who
shall act as ENRO for the LGU.
Said seconded DENR Officer
shall be the acting ENRO for the LGU. The LGU shall designate and
understudy
of said seconded DENR Officer
7.3 Provision of Technical
Assistance
To ensure LGU capacitation
in forest management and other ENR activities, the DENR shall conduct
continuous
training activities for LGU officials and their respective technical
staff.
The Regional Steering Committees
and the Provincial, City and Municipal Working Groups shall prepare the
necessary training designs and sources of funds for the conduct of
training.
Upon request of the concerned.
7.4 Documentation of Forest
Management Projects and Functions Devolved to the LGUs
Forest management projects
and functions devolved from the DENR to the LGUs shall be fully
documented.
Documentation shall include among others a Memorandum of Agreement on
projects
and functions devolved, personnel, equipment and other resources so
transferred
from the DENR to the LGU and acceptance of the same by the LGU.
The DENR Officer authorized
to enter into MOA with the LGU on devolved forest management functions
and projects shall be as follows:chanroblesvirtuallawlibrary
for forest areas up to 1,000
has CENRO
more than 1,000 has up
to
5,000 has PENRO
more than 5,000 has up
to
15,000 has RED
more than 15,000 has up
to 30,000 has Undersecretary for Field Operation
more than 30,000 has
Secretary
7.5 Monitoring and Evaluation
The DENR and the
concerned
DILG office and/or LGU shall conduct periodic monitoring of activities
for the DENR-DILG-LGU partnership in devolved and other forest
management
functions.
Section 8. Specific Guidelines
and Procedures for the effective Implementation of Devolved Forest
Management
Projects and Functions
8.1 Community Based Forest
Management
The Community Based
Forest
Management Program (CBFMP) integrates all people-oriented forestry
programs
including the Integrated Social Forestry Program (ISFP), which have
been
devolved to the LGUs, Community Forestry Program (CFP), Forest Land
Management
Program (FLMP), Regional Resource Management Program (RRMP), Low Income
Upland Community Program (LIUCP), Coastal Environment Program (CEP) and
Ancestral Domains/Lands Claims Management Program (ADMP). The CBFM
Program
shall be strengthened through the partnership of the DENR and the LGU.
8.1.1 Existing CBFM Projects
Existing CBFM Projects
shall
be reviewed and assessed jointly by the PENRO, Provincial ENRO,
representatives
of the concerned municipal government, and CENRO having jurisdiction of
the said CBFM Projects. The assessment/review shall include, but not
limited
to the following:chanroblesvirtuallawlibrary
(a)
Inventory of
all CBFM projects within the province, city or municipality;
(b) Provision by DENR
to
concerned LGUs of copies of pertinent records, documents, maps and
other
information of all CBFM projects within the LGUs jurisdiction. In like
manner, the concerned LGUs shall update DENR on status of projects
already
devolved to them;
(c) Field assessment,
of
each project to determine present status, major problems and
constraints;
(d) Joint formulation
of
action plan for each projects site in coordination with the concerned
participants,
POs or communities to improve project implementation;
(e) Joint formulation
or
action plan for turnover by DENR of projects to concerned LGUs,
including
the phasing in of their respective responsibilities and resources
sharing
in the management of the same;
(f) Definition of
specific
roles and responsibilities of DENR, LGU (provincial, municipal/cities,
barangay), Communities (or beneficiaries), and other sectors in plan
implementation
;
(g) Design and
implementation
of joint monitoring and evaluation system for each CBFM project.
8.1.2 New CBFM Projects
Implementation of new
CBFM
projects shall be undertaken jointly by DENR and concerned
communities/beneficiaries
as provided for under DENR DAO 96-29.chanrobles virtualawlibrary
(a) DENR through its regional,
provincial and community field offices shall consult and coordinate
with
concerned provincial, municipal or city governments for their
participation
in the implementation of CBFM projects in their respective territorial
jurisdiction.
(b) Formulation of action
plans for CBFM that will include, among others:chanroblesvirtuallawlibrary
1.
Definition of
specific roles/responsibilities of DENR and concerned LGUs consistent
with
DENR DAO 96-29 and other pertinent rules and regulations;
2. Creation of teams
composed
of representatives from both offices to undertake the various phases of
CBFM;
3. Commitments of
financial
and other resources needed in CBFM implementation;
4. Monitoring and
evaluation
system;
5. Schedule of
activities.
(c) DENR-LGUs Phase-out
plan
for project management.chanrobles virtualawlibrary
8.2 Forest Protection
8.2.1 Forest Protection
and Forest Law Enforcement
The DENR and the LGUs
shall
coordinate closely in forest protection and enforcement of forest laws
and regulations.
There shall be created joint
DENR-LGU forest protection teams in the regional, provincial, municipal
and barangay levels, DENR shall train and deputize LGU officers as DENR
officers
The DENR shall not release
any forest product, tool, equipment and other conveyance seized during
forest law enforcement operations without the recommendation of the
concerned
LGU. The disposition of forest products shall likewise jointly done by
the DENR and the LGU.
8.2.2 Strengthening of the
Multisectoral Forest Protection Committees
The various
Multisectoral
Forest Protection Committees (MFPCs) duly organized shall be
strengthened.
their participation in the enforcement of forest laws shall be enjoined.
The DENR shall continuously
train the members of the forest protection teams and MFPCs on the
various
aspects of forest law enforcement to maximize and make effective their
participation in forest protection and law enforcement
8.3 Reforestation
Reforestation projects
such
as new reforestation projects and completed family and community-based
contract reforestation project and regular reforestation projects may
be
devolved to the LGUs. Such devolution shall be effected by a MOA
between
the DENR and the concerned LGU.
8.4 Communal Forest
8.4.1 Existing Communal Forest
The devolution to and
management
of the communal forest by the city and municipal governments shall be
governed
by the following general procedures:chanroblesvirtuallawlibrary
(a) DENR, through its CENRO,
and the concerned LGU shall undertake the actual identification and
assessment
of existing communal forests. The assessment shall determine the
suitability
of the existing communal forests. If these are no longer suitable, then
these communal forests may be disestablished. The Approval for
disestablishment
shall be by the RED upon recommendation of the DENR-LGU assessment Team
through the PENRO and the RTD for Forestry;
(b) Existing communal forest
which are found and recommended by the DENR-LGU Assessment Team as
still
suitable to achieve their purpose shall be maintained as such.
Thereafter,
the Sangguniang Panglungsod or Sangguniang Bayan where the communal
forest
is located shall pass resolution requesting the DENR Secretary for the
turnover of said communal forest to the city or municipality. Upon
receipt
of said resolution, the DENR Secretary shall issue an Administrative
Order
officially transferring said communal forest to the concerned LGU. The
DENR RED shall effect the official transfer to the concerned LGU within
fifteen (15) days from the issuance of the administrative order;
(c) Within twelve months
form the issuance of the Administrative Order and turnover of said
communal
forest to the city or municipality, the LGU to which the communal
forest
was transferred shall formulate and submit to the Provincial ENR
Council
for approval a management plan governing the sustainable development of
the communal forest.
For the purpose of formulating
the communal forest management plan, DENR shall, in coordination with
the
concerned LGU, undertake a forest resource inventory and determine the
sustainable level of forest resource utilization and provide the LGU
technical
assistance in all facets of forest management planning to ensure
sustainable
development. The management plan should include provision for
replanting
by the communities and the LGUs of the communal forests to ensure
sustainability.
8.4.2 Establishment of New
Communal Forest
The establishment of new
communal forests shall be governed by the following guidelines:chanroblesvirtuallawlibrary
(a) DENR, through its CENRO,
together with the concerned city/municipal LGU shall jointly identify
potential
communal forest areas within the geographic jurisdiction of the
concerned
city/municipality.
(b) Communal forests to be
established shall be identified through a forest land use planning to
be
undertaken jointly between the DENR and the concerned LGU. The ensuing
forest land use plan shall indicate, among others, the site and
location
of the communal forests within the production forest categorized as
such
in the forest land use plan;
(c) Once the forest land
use plan has been affirmed, the the local chief executive shall
initiate
the passage by the LGU’s sanggunian of a resolution requesting the DENR
Secretary to issue an Administrative Order declaring the identified
area
as a communal forest. The required administrative order shall be issued
within sixty (60) days after receipt of the resolution;
(d) Upon acceptance of the
responsibility for the communal forest, the city/municipal LGU shall
formulate
the management plan and submit the same to its ENR Council. The
management
plan shall include provision for replanting by the communities and the
LGUs of the communal forests to ensure sustainability.
The communal forests of each
municipality shall in no case exceed a total of 5,000 hectares.
8.5 Establishment and Management
of Community Watershed Areas
8.5.1 Identification and
Establishment of Community Watersheds
Pursuant to Sec. 447 (a)
(5) (i) of RA 7160 mandating the Sangguniang Bayan to provide for the
establishment,
maintenance, protection an conservation of watersheds in their
respective
areas as sources of water supply for specific communities, the
following
guidelines shall be followed:chanroblesvirtuallawlibrary
(a) DENR, through its CENRO,
together with the city/municipal LGU shall identify potential watershed
areas in the city or municipal territorial jurisdiction that can be
sources
of water supply for specific communities:chanroblesvirtuallawlibrary
(b) Community Watershed
Areas to be established shall be identified through a forest land use
planning
to be undertaken jointly by the DENR and the concerned LGU. The Forest
land use plan shall indicate, among others, the site and location of
the
Community watershed;
(c) Once the forest land
use plan has been completed, the local chief executive shall initiate
the
passage by the LGU’s sanggunian of a resolution requesting the DENR
Secretary
to issue an Administrative Order declaring the identified area as
Community
Watershed as sources of water supply for specific communities. The
required
administrative order shall be issued within sixty (60) days after
receipt
of the resolution;
Where there are already existing
springs in forests areas in the municipalities being used as water
sources
by the communities, the community and the LGU shall initiate the
passage
of the Sangguniang Bayan resolution requesting the DENR Secretary to
issue
the necessary administrative order;
(d) Upon acceptance of
the
responsibility for the community watershed the local chief executive,
in
consultation with the ENR Council will prepare the Management Plan.
Such
plan shall be submitted to the Sangguniang Bayan for approval;
For purpose of formulating
the community watershed management plan, the DENR shall, in
coordination
with the concerned LGU, undertake a forest resource inventory and
determine
the sustainable level of forest and water utilization and provide the
LGU
technical and other assistance in all aspects of forest management
planning
to ensure sustainable development.
8.6 Establishment and Management
of Forest or Tree parks, Greenbelts and other Tourist Attractions
Pursuant to the mandate of
RA 7160 requiring cities and municipalities to provide for the
establishment,
maintenance, protection, and conservation of tree parks, greenbelts,
mangroves
and similar forest development projects, the procedures laid down under
Sections 8.4 and 8.5 shall be followed where the forest park, tree
park,
greenbelt and other tourist attraction fall within forest lands.
Section 9. Expanded DENR-LGU
Partnership on Forest Management Activities
9.1 Forest land Use Planning
DENR and the concerned
LGU
shall jointly undertake forest land use planning, the output of which
shall
become an integral part of the concerned LGUs comprehensive land use
plan.
For purpose of this Manual,
the following general procedures shall be followed:chanroblesvirtuallawlibrary
(a) DENR Central Office shall
issue an order directing the REDs to organize within sixty (60) days
from
issuance thereof, Forest Land Use Planning (FLUP) teams at the
provincial,
city and municipal levels in coordination with the concerned local
chief
executives. Corollarily, the concerned local chief executives shall
issue
the appropriate orders for their LGUs participation in the FLUP;
(b) The FLUP Teams shall
organize their work and undertake FLUP within twelve (12) months from
their
organization;
(c) The FLUPs thus formulated
shall be submitted to the LGU’s Sanggunian for endorsement/approval and
incorporation of the same to the LGU’s comprehensive land use plan;
The Land Evaluation Parties
of the DENR Regional Offices shall provide technical assistance to the
FLUP teams.
9.2 Joint DENR-LGU Annual
Planning and Budgeting for Forest Management
The DENR shall involve
the
participation of the LGUs in the formulation of annual plans and
budgets
pertaining to forest management. The LGU shall likewise involve the
participation
of the DENR in the preparation of its annual plan particularly in the
area
of forest management.
9.3 Issuance of Licenses
and Permits
To Further Strengthen DENR-LGU
partnership pursuant to the pertinent provisions of RA 7160, henceforth
the issuance by the DENR of tenurial instruments in forest lands and
for
forest products utilization shall be in coordination with the LGUs as
follows:chanroblesvirtuallawlibrary
9.3.1 Approval of Operations
Plan of Timber License Agreements
The concerned LGU
(province,
city or municipality) shall sit in the committee created by DENR to
deliberate
said operations plan. The comments of the LGU in the committee’s
deliberations
shall be recommmendatory to the DENR.
9.3.2 Other Tenurial Instruments
After the applicant has
submitted his application papers to the DENR, the DENR shall notify the
LGU (province, city or municipality) of said pending application to
solicit
the comments of said LGU. The comments made by the LGU shall be
advisory
to the DENR for the latter’s final action on the application.
Section 10. Funding
10.1 Inclusion in DENR Annual
Budget and Work Plan
The DENR shall
incorporate
in its annual appropriations the budgetary requirements for the
undertaking
the tasks under this circular.
10.2 Inclusion In LGUs' Budget
The LGUs shall endeavor
to provide resources to effectively carry out the mandates of this
circular.
10.3 Other Assistance to
the LGUs
DENR and DILG, in
coordination
with other concerned government agencies, shall provide assistance to
the
local government units in seeking technical and financial assistance
from
other sources in implementing the tasks under this Circular whenever
such
assistance is sought by the local government units.
Section 11. Repealing Clause
Any provision of DENR and
DILG Administrative Orders, Memorandum Circulars or other issuances not
consistent herewith are hereby repealed or modified accordingly.
Section 12. Effectivity
This joint Memorandum Circular
shall take effect immediately.
VICTOR O. RAMOSSecretary, DENREPIMACO A.
VELASCOSecretary, DILG