QuestionsQuestions (DENR-DILG JOINT MEMORANDUM CIRCULAR NO. 2003-01)
It aims to strengthen and institutionalize the partnership among DENR, DILG, and LGUs in managing devolved and other forest management functions, ensuring better environmental protection, upland community improvement, biodiversity conservation, and watershed stabilization.
Republic Act No. 7160 (Local Government Code of 1991).
DENR Department Administrative Order No. 92-30, titled “Guidelines for the Transfer and Implementation of DENR Functions Devolved to the Local Government Units.”
Joint Memorandum Circular No. 98-01, titled “Manual of Procedures for DENR-DILG-LGU Partnership on Devolved and Other Forest Management Functions.”
It must be convened and, at its first meeting, forge a Memorandum of Agreement (MOA) among member institutions specifying roles/functions, internal rules of business, the National Technical Working Group (NTWG), and commitments to the partnership.
The Director, Forest Management Bureau, as Head of the NTWG.
Regional DENR executives collaborate with DILG regional directors to organize strategies and work plans; PENRO/CENRO and DILG counterparts meet with elected governors and mayors to operationalize the partnership, evidenced by a MOA signed by concerned DENR, DILG, and LGU officials and their leagues.
A MOA specifying roles and functions, internal rules of business, composition and roles of a technical working group, and each party’s commitments.
Examples include: (1) identification, delineation, and establishment of communal forests/community watersheds/greenbelts/tree parks/reforestation and co-management areas; (2) transparent, accountable, participatory forest land use planning (FLUP) with clear roles for national and local agencies; (3) devolution of forest land management based on approved LGU FLUPs.
It must: (1) formulate a National Strategic Partnership Plan; (2) disseminate and implement JMC 98-01 as amended by this JMC; and (3) issue instructions to regional/provincial/community (DENR and DILG) officials and other pertinent agencies (e.g., NCIP).
Forest management projects and functions devolved to LGUs in accordance with approved FLUPs must be fully documented, and any agreed co-management area must also be fully documented.
For forest areas up to 1,000 ha: CENRO; more than 1,000 up to 5,000 ha: PENRO; more than 5,000 up to 15,000 ha: RED; more than 15,000 up to 30,000 ha: USEC for Field Operations; more than 30,000 ha: Secretary.
They act and sign as witness in each MOA.
LGU FLUPs must be approved by the respective City/Municipal Development Councils, then enacted as ordinances by the Sangguniang Panglungsod/Bayan as part of comprehensive land use plans; DENR approval follows enactment and is manifested through a MOA between DENR and the LGU.
The DENR Regional Executive Director signs all FLUP MOAs; the DILG Regional Director acts as witness.
It mandates that DENR offices submit for comments by the LGUs any application for tenurial instruments (including resource extraction permits) before issuance, and the LGU must be informed of the action taken within 15 days; otherwise it is presumed the LGU endorses. If comments are not solicited, issuance is subject to further review and activities must be suspended until comments are received.
If comments from all covered city/municipal LGUs and provincial LGUs (as applicable) are not requested, any tenurial/allocation instrument or resource extraction permit issued is subject to further review, and all activities in the area must be suspended until the concerned LGU comments are received.
They are administratively liable (without prejudice to other liabilities under law) for failure to solicit comments and for giving due course to processing the application.
The NSC must formulate guidelines on how LGU officials can be deputized as Special ENR Officers, including their responsibilities and accountabilities; DENR will also develop training and periodic upgrading sessions for deputized LGU officials.
LGUs are enjoined to provide the necessary funds to make the devolution, partnership, and co-management work (while DENR provides technical support to capacitate LGUs).