Question & AnswerQ&A (DENR ADMINISTRATIVE ORDER NO. 2004-29)
The policy of the State is to protect and advance the right to a healthful environment, improve socio-economic conditions through social justice and sustainable development of forest lands, and respect the rights of indigenous peoples to their ancestral domains, while promoting community participation and security of tenure.
The principal participants are local communities represented by People’s Organizations (POs) whose members are Filipino citizens and who are either actually tilling the area, traditionally utilizing the resource, or residing within or adjacent to and dependent on the forest lands.
PO members must be Filipino citizens who actually till portions of the forestland, traditionally utilize the resource for livelihood, or reside within or adjacent to the forestlands and are dependent on it.
POs can occupy, develop, protect, manage, and utilize forest lands in their CBFM areas; they can allocate resource use among members; are exempt from paying land rental; must be consulted on third-party resource utilization; receive preferential access to assistance; and can enter contracts for development activities.
Responsibilities include taking the lead in boundary delineation, preparing community resource management frameworks and work plans, protecting and rehabilitating resources, developing equitable benefit-sharing, enforcing PO policies, handling conflicts, ensuring transparency, and paying required fees and charges.
The implementation includes the Preparatory Stage (informing, partnership building, delineating areas), PO Formation and Provision of Security of Tenure, Planning Stage (preparation of CRMF and work plans), and Implementation Stage (operationalizing plans and resource use).
The CENRO leads in assisting POs to comply with requirements, prepares delineation maps; approvals are given by CENRO for ≤500 hectares, PENRO for >500 to 5,000 hectares, RED for >5,000 to 20,000 hectares, and the DENR Secretary for >20,000 hectares, with specified timelines for review and endorsement.
CBFMA can be nullified for fraudulent execution, PO resolution requesting nullification, displacement of actual occupants, serious violations of forestry laws, failure to comply after notices, or non-compliance by subcontractors. Nullification also entails filing appropriate civil or criminal actions.
Certain qualified PO members may be deputized as Deputy Environment and Natural Resources Officers (DENROs), granting them legal authority to apprehend illegal loggers and confiscate illegally cut timber within their areas.