QuestionsQuestions (DENR ADMINISTRATIVE ORDER NO. 2004-29)
The policy is to: (a) protect and advance the right of Filipinos to a healthful environment; (b) improve socio-economic conditions through social justice, equitable access, and sustainable development of forest land resources; and (c) respect Indigenous Peoples’ rights to ancestral domains by considering their customs, traditions, and beliefs—using active and transparent community participation and security of tenure as key strategies.
A CBFMA is an agreement between the government and the local community, represented by the People’s Organization (PO) as forest managers, with a term of 25 years renewable for another 25 years.
The CS recognizes individual rights of occupancy and is co-terminous with the CBFMA.
PO members must be Filipino citizens and may be: (a) actually tilling portions of the area to be awarded; or (b) traditionally utilizing the resource for livelihood for all/substantial portion; or (c) actually residing within/adjacent to and dependent on and developing portions of the awarded areas.
Examples include: (1) occupying, developing, protecting, managing, and utilizing forest lands and resources within the CBFM area and claiming ownership of introduced improvements; (2) being exempt from paying land rental for use of CBFM areas; (3) being properly informed and consulted, with PO consent secured before DENR grants/renews contracts/leases/permits for natural resource extraction to third parties, and requiring equitable sharing with the PO; and/or (4) preferential access to DENR assistance for CRMF and 5-year work plan.
They lead boundary delineation and, if needed, parcellary surveys; designate and allocate resource-use rights consistent with laws and customs; prepare and implement CRMF and 5-year work plan; implement equitable benefit-sharing; protect/rehabilitate/conserve resources and assist in protecting adjacent forest lands; enforce policies within the PO; develop conflict-resolution mechanisms (indigenous processes for ICCs/IPs); practice transparency and participatory management; pay required forest charges/fees/taxes for harvested products; and undertake other stipulated responsibilities.
The four stages are: (1) Preparatory Stage; (2) PO Formation and Diagnostic Stage; (3) Planning Stage; and (4) Implementation Stage.
To inform and educate POs, NGOs, LGUs, and the public about CBFM, establish institutional linkages between DENR and LGU, and help identify and delineate CBFM areas.
DENR field offices must maintain updated control maps and registries harmonized with LGU CLUPs; PENRO creates preliminary delineation maps based on watershed/sub-watershed boundaries, presented to Provincial/Municipal Working Groups; these maps guide IEC and determine management units, which become the basis for discrete areas eventually handed over to qualifying POs.
CBFMP is excluded for: (i) areas covered by existing prior rights (unless there is a waiver in favor of the PO applying for CBFM, with specific consequences on non-renewal/award of new permits); (ii) protected areas under RA 7586 and its IRR; (iii) forest lands assigned by law to other government agencies (unless written consent of that agency is secured); and (iv) NCIP-certified ancestral lands/domains except when ICCs/IPs opt to participate.
Adverse claimants must file complaints before the next higher approving authority within 30 days from the first publication/notification. The concerned official has 30 days after receipt to resolve the complaint.
A multi-sectoral group at the local level is created to validate potential CBFM participants based on PO qualifications. It includes DENR, LGU, other government agencies, NGOs, NCIP (if IPs involved), and other sectors; minutes of consultations are prepared; PO formation proceeds only after validation.
CENRO approves 500 hectares and below; PENRO approves more than 500 to 5,000; RED approves more than 5,000 to 20,000; the DENR Secretary approves more than 20,000—based on steps of review and endorsements among the offices.
The affirmed CRMF serves as the Initial Environmental Examination (IEE) for CBFM and is the basis for issuance of Environmental Compliance Certificates (ECC) by the Regional Director of the Environmental Management Bureau.
The CRMF must be prepared within 30 days after approval of the CBFMA. After PO ratification and consultation, it is jointly endorsed by the PO and CENRO to PENRO for affirmation within 15 working days; affirmation is deemed after lapse of 15 working days if PENRO fails to act, unless PO is notified in writing of deficiencies.
The 5-year work plan is considered affirmed if CENRO fails to act after 15 days upon receipt, and the PO proceeds to implement the plan (CENRO must notify in writing, but the affirmation is deemed by inaction).
The PO, with assistance from the CENRO and LGU, is primarily responsible for protection and conservation of natural resources in the CBFM area, including safeguarding identified protection forests from illegal cutting/extraction.
Non-compliance/continued violations despite lapse of 30 days from date of notification about infraction/non-compliance can nullify the CBFMA. It may also be nullified for fraudulent/misrepresentation, PO resolution by majority for valid grounds, displacement/exclusion of actual occupants without valid cause, serious/continued violations of forestry laws, failure after three written notices, or subcontractor/third-party failure. Nullification is done by the next higher DENR authority upon recommendation.