QuestionsQuestions (DENR ADMINISTRATIVE ORDER NO. 98-45)
DAO 98-45 recognizes individual property rights within forest lands under the CBFM strategy to promote social justice and equitable access, encourage investments in marginal forest lands, uplift socio-economic conditions, and enhance participation in CBFM activities. CS is awarded to individuals or families actually occupying, tilling, developing, managing, or protecting specific portions of forest lands.
The issuance of CS is subject to the decision and recommendation of the PO. The PO also conducts the census, validates results during a general meeting, and requests issuance through a resolution.
(1) Must be Filipino citizens; (2) must be of legal age; (3) must be actual tillers/cultivators of the land allocated; (4) must be a member of the PO granted a CBFM area subject of the CS application; (5) must be willing to develop the land and participate in community-based forest management; (6) must not be a previous holder of CS that was cancelled for cause.
CS is awarded to an individual or family actually occupying, tilling, developing, managing, or protecting portions of forest lands; specifically, qualifiers must be actual tillers or cultivators of the land allocated.
The CENRO, through its CBFM unit and relevant officers, and in collaboration with the PO, LGU, and other assisting organizations, must include in IEC activities the procedure on CS issuance, including the rights and responsibilities of recipients.
The PO conducts a census of individuals or families actually occupying and/or cultivating portions of the CBFM area. Results must be indicated in a community map showing individual parcels and occupants/tillers.
The PO holds a general meeting to: (a) validate census results; (b) decide whether to recommend issuance of individual CS to qualified members; and (c) agree on the rights and responsibilities of individual CS holders.
Attached to the resolution request are: (1) census of forest land occupants; (2) agreement on rights and responsibilities of CS holders; (3) individual application for CS of prospective beneficiaries endorsed by the PO head; and (4) community map showing parcels occupied/cultivated by individual families, properly numbered and validated in the general meeting. This serves as the parcellary map.
No. The agreement need not be notarized.
The CENRO prepares the Stewardship Agreement and Certificate, then forwards the CS to the PENRO for approval. The Head of the PO and the CENRO sign as witnesses to the Stewardship Agreement.
Each beneficiary must establish distinct and more or less permanent markers of corners and boundaries of the CS area. The resolution of boundary conflicts is the responsibility of the PO.
A CS may be transferred, sold, or conveyed in whole or in part if: (1) the transferee is a qualified beneficiary under Section 2 and the transferee’s total stewardship area does not exceed 10 hectares; (2) at least 50% of the CS area has been developed; (3) original agreement terms remain in force, except that the prohibition on subleasing in old CS issued prior to the Order is revoked; (4) agreement remains valid for the remaining unexpired term; (5) transfer is endorsed by PO through a resolution of officers; and (6) the transfer instrument is duly notarized.
Transfer documents with PO endorsement, and the original CS and Stewardship Agreement must be submitted to the CENRO. The CENRO then prepares a new CS and Stewardship Agreement in favor of the transferee and cancels the original documents. The new CS, agreement, map, and supporting documents are forwarded to the PENRO for approval.
The original Parcellary Map is kept at the PENRO. Certified copies are given to the CENRO, PO, LGU, and the Regional CBFM Office concerned.
DAO 98-45 amends Administrative Order No. 4 (1991) and all other inconsistent orders, circulars, guidelines, and procedures on CS issuance and transfer. It takes effect immediately.