Final Forest Limits Act

REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14 N0:52 SENATE S. No. _ Introduced by Senator Francis G. Escudero AN ACT PROVIDING FOR THE DELINEATION OF THE SPECIFIC FOREST LIMITS OF THE PUBLIC DOMAIN AND FOR OTHER PURPOSES EXPLANATORY NOTE

Section 4, Article XII of the 1987 Constitution states that "Congress shall, as

soon as possible, determine by law, the specific limits of forest lands and national parks, marking clearly their boundaries on the ground. Thereafter, such forest lands and national parks shall be conserved and may not be increased nor diminished, except by law. The Congress shall provide, for such period as it may determine, measures to prohibit logging in endangered forests and watershed areas". Based on the 2001-2003 satellite images reported by the National Mapping and Resource Information Authority (NAMRIA), the total forest cover of the Philippines is estimated at 7.168 million hectares or 24.27% of the country's total land area. The lack of demarcation on the ground, however, caused confusion as to the actual size of the forest lands of the country and consequently resulted in incorrect land use and management. This proposed legislation seeks to delineate the specific limits of forest lands, in order to conserve, protect and develop the forest resources of the country and ultimately, attain ecological balance, preserve valuable ecosystems, prevent environmental degradation and promote sustainable development for the present and future generations.

This bill was reported out in the Fifteenth Congress as Senate Bill No. 3326 under Committee Report No. 464 and was approved on Second Reading. In the Twentieth Congress, the bill is once again respectfully submitted for approval. FRANCIS G. ESCUDERO

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14 MO:52 SENATE R!? S. No. _ Introduced by Senator Francis G. Escudero AN ACT PROVIDING FOR THE DELINEATION OF THE SPECIFIC FOREST LIMITS OF THE PUBLIC DOMAIN AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known and cited as the "Final Forest

3 Limits Act.

Sec. 2. Declaration of Policy. - It is the policy of the State to conserve, protect

5 and develop the forest resources of the country in order to attain ecological balance, 6 preserve valuable ecosystems, prevent environmental degradation and promote 7 sustainable development for the present and future generations. To achieve these 8 ends, Section 4 of Article XII of the 1987 Constitution mandates Congress to determine g by law the specific limits of forestlands and national parks marking clearly their boundaries on the ground.

Sec. 3. Definition of Terms. - For purposes of this Act:

(a) Agricultural Land shall refer to alienable or disposable lands of the public domain which have been the subject of the land classification system and declared as not needed for forest purposes; (b) Delimitation Survey shall refer to the establishment of land classification boundaries, and the documentation thereof following ground survey; (c) Delineation shall refer to the conduct of site investigation, field reconnaissance and assessment, and staking of boundaries between forest lands,

1 national parks and agricultural lands verified In the field in accordance with the criteria 2 set forth under Administrative Order No. 24 s.2008 issued by the Department of 3 Environment and Natural Resources (DENR); (d) Forest shall refer to an ecosystem or an assemblage of ecosystems 5 dominated by trees and other woody vegetation; a community of plants and animals 6 interacting with one another and its physical environment; (e) Forest Land shall refer to all lands of the public domain already classified as 8 forest land as per existing land classification maps issued by the DENR including all 9 permanent forest reserves proclaimed as such by the President or declared by law, and such areas within the unclassified lands of the public domain that were assessed and delineated by the DENR in accordance with pertinent laws, rules and regulations; (f) Production Forest shall refer to a forest area designated primarily for production of wood, fiber, bio-energy and/or non-wood forest products; (g) Protected Area shall refer to identified portions of land and/or water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation; (h) Protection Forest shall refer to a forest whose value lies in the regulating of stream flow and the preventing of erosion and avalanches rather than in its timber; (i) Protection Forest/ands shall refer to all areas within the forestlands devoted primarily for the protection, conservation of forest resources to ensure environmental stability, conservation of biological diversity, improvement of ecosystem functions and services, and provision of ecological and economic benefits. It shall also include all mossy and primary/old growth forests and natural beach, key biodiversity areas, areas regardless of slope and vegetation cover which are highly erodible or too rocky for establishment of either production forests, developed for the principal objectives of establishing vegetative cover to prevent erosion, conserve water and nurture wildlife, freshwater, swamps, and marshes, all areas along the bank of the rivers and streams, and the shores of the seas and lakes throughout their entire length and within the zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas, and forty (40) meters in forest areas, along their margins which are subject to the easement of public use in the interest of recreation, settlements, navigation, floatage, fishing and salvage shall also be sub-classified as protection forestlands: Provided,

1 That such delineation shall observe the relevant provisions of Republic Act No. 8371, 2 otherwise known as the "Indigenous Peoples' Rights Act (IPRA) of 1997," and Republic 3 Act No. 7586, as amended, otherwise known as the National Integrated Protected 4 Areas System (NIPAS) Act; and (i) Tenured Migrant shall refer to forest occupants who have actually and 6 continuously occupied a portion of the forest and is solely dependent therein for subsistence. A forest occupant is understood to be solely dependent for subsistence when everything indispensable survival of his or her household, including food, clothing, shelter and health, comes only from the utilization of resources from the forest.

Sec. 4. Composition of Forest Lands. - The following shall constitute the forest

lands, to wit: (a) All lands of the public domain already classified as forest land as per existing land classification maps issued by the DENR; (b) All permanent forest reserves proclaimed as such by the President or declared by law; and (c) Such areas within the unclassified lands of the public domain that were assessed and delineated by the DENR in accordance with pertinent laws, rules and regulations and which may herearter be classified as forest land by the DENR.

Sec. 5. Guidelines in Determining the Specific Limits of Forest Lands. - The

following guidelines and procedures shall be followed in determining the specific limits of forest lands in the country: (a) The previously-established Land Classification (LC) survey lines per province with their respective technical descriptions (TDs) and maps shall be the basic data and information that will be used as reference material in undertaking the validation, assessment and delineation process; (b) All completed assessment and delineation reports for a given province shall be endorsed to the National Review and Evaluation Committee as created herein to be headed by the Secretary of the DENR for final approval; and (c) The same process shall be followed for other provinces with on-going assessments and delineation activities until such time that all the boundaries of forest

1 lands of the whole country shall have been delimited: Provided, That all assessments, 2 validations and delineations shall be completed not later than one (1) year after the 3 passage of this Act.

Sec. 6. Creation of the National Review and Evaluation Committee. - In

5 recognition of the mandate as embodied in Section 4, Article XII of the Constitution, 6 and in view of the urgent need to establish the permanent limits of the forest lands of the country, a National Review and Evaluation Committee is hereby created to process, evaluate and approve all completed assessment and delineation reports referred to in 9 the immediately preceding section. The Committee, in its evaluation and approval of 10 the said reports, shall adhere strictly to existing established laws, policies, rules, regulations and guidelines pertinent thereto. The Committee shall be composed of the following: (a) Secretary of Environment and Natural Resources as Chairperson; (b) Secretary of Economy, Planning, and Development as Vice-Chairperson; (c) Secretary of the Interior and Local Government as Member; (d) Secretary of Agriculture as Member; (e) Secretary of Agrarian Reform as Member; (f) Secretary of Human Settlements and Urban Development as Member; (g) Chairperson of the National Commission on Indigenous Peoples (NCIP) as Member; and (h) President of the League of Provinces of the Philippines as Member. Upon approval of the assessment and delineation reports as herein specified, the Committee shall submit the same to Congress which shall thereafter form part of its official records. The assessment and delineation report as approved by the Committee shall be adopted as constituting the final boundaries of the forest lands covered by the said report.

Sec. 7. Demarcation and Delimitation of Forest Land Boundary. - Immediately

after the determination of the forest line in accordance with the guidelines prescribed in Section 5 of this Act, the DENR shall delimit and establish the permanent boundary monuments on the ground.

Sec. 8. Permanency of the Specific Forest Limits. - The permanent forest lands

established pursuant to this Act shall not be diminished nor reduced except by an Act 3 of Congress. The DENR, in coordination with all agencies and branches of government, 4 shall see to it that the forest cover and vegetation therein shall be protected, preserved 5 and enhanced.

Sec. 9. Subclassification of the Permanent Forest Lands. - The permanent

7 forest lands shall be further sub-classified as follows: (a) protection forests; and (b) 8 production forests. After due consultation with the local government units (LGUs), concerned 10 communities, and other stakeholders, the DENR shall undertake the subclassification 11 of the permanent forest lands.

Sec. 10. Recognition of the Rights of the Indigenous Cultural

13 Communities/Indigenous Peoples and Tenured Migrant Communities. - In the ground delineation of the permanent forest limits, the occupation by indigenous cultural communities/indigenous peoples and tenured migrants shall be recognized and respected consistent with the provisions of Republic Act No. 7160 or the Local Government Code of 1991, Republic Act No. 8371 or the Indigenous Peoples Rights 18 Act (IPRA) of 1997, and Presidential Decree No. 705, as amended, or the Forestry 19 Code of 1975.

Sec. 11. Accessibility of Record to the Public. - All records and information

pertaining to the specific forest limits delineated pursuant to this Act shall be made available to all LGUs, other government agencies, and to the general public.

Sec. 12. Monitoring, Evaluation, and Reporting System. - To attain the

objectives of this Act, a field monitoring, evaluation, and reporting system shall be adopted by the DENR to regularly keep track of the state of the country's forest lands after their delimitation. Toward this end, at the opening of each session of Congress, the DENR shall submit a report to the President on the status of the forest lands for transmission to Congress.

Sec. 13. Creation of the Adjudication Board to Resolve Land Classification

Conflicts. - A Land Classification Conflict Adjudication Board, herein referred to as the Boara, is hereby created to resolve controversies arising from land classification as a result of the delimitation of forest lands pursuant to this Act. The Board shall be composed of the following: (a) Secretary of Justice as Chairperson; (b) Administrator of the Land Registration Authority as Member; (h) Representative from the Integrated Bar of the Philippines (IBP) as Member; (c) Representative from a reputable College of Forestry as Member; and (d) Representative from the private sector as Member.

Sec. 14. Powers and Functions of the Adjudication Board. - The Board shall

12 exercise the following powers and functions: (a) Adjudicate cases on land conflicts and adverse claim before the Board for resolution; (b) Summon witnesses, administer oaths, take testimony and require submission of reports; (c) Compel production of books and documents and answers to interrogatories; and (d) Issue subpoena duces tecum, writs of possession, writs of execution and other writs to enforce Its orders and decisions. In any proceeding before the Board, the Rules of Evidence prevailing in courts of law or equity shall not be controlling and it is the spirit and intention of this Act that shall govern. The Board shall use every and all reasonable means to ascertain the facts in each case speedily and objectively and without regard to technicalities of law or procedure, all in the Interest of due process. In any proceeding before the Board, the parties may be represented by legal counsel. The findings of fact of the Board shall be conclusive and binding on the parties and its decision or order shall be final and executory.

Sec. 15. Appropriations. - The amount necessary for the implementation of this

2 Act shall be charged against the current year's appropriations of the DENR. Thereafter, 3 such sums as may be necessary for the effective implementation of this Act shall be 4 included in the annual General Appropriations Act. Funds for the implementation of the provisions of this Act shall be 6 supplemented also from any available official development assistance (ODA) and from 7 joint projects between agencies of the Philippines and an assisting country. Counterpart funding may also be allocated by LGUs concerned to be sourced 9 from their respective National Tax Allotment and other LGU income for the delineation 10 of the forest limits within their respective territorial jurisdictions.

Sec. 16. Implementing Rules and Regulations. - Within ninety (90) days from

12 the effectivity of this Act, the DENR, in coordination with the Department of Agriculture; Department of Agrarian Reform; Department of Economy, Planning, and Development; Department of Human Settlements and Urban Development; Department of the Interior and Local Government; Department of Justice; NCIP; and League of Provinces of the Philippines, shall issue the corresponding Implementing Rules and Regulations for the effective implementation of this Act.

Sec. 17. Separability Clause. - If any provision or part hereof is declared

unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in full force and effect.

Sec. 18. Repealing Clause. - All laws, acts, decrees, executive orders,

issuances, and rules and regulations or parts thereof which are contrary to and inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 19. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or at least two (2) newspapers of general circulation. Approved,