Legal basis and related rules
- DENR Administrative Order No. 26 continues the framework of DENR Administrative Order No. 86 (1988) on deregulation of tree harvesting, transporting, and sale of firewood, pulpwood, or timber from private lands.
- Ministry Administrative Order No. 4 (dated January 19, 1987) previously lifted restrictions on harvesting, transporting, and sale of firewood, pulpwood, or timber produced from Ipil-ipil (leucaunia spp.) and Falcata (Albizzia falcataria).
- The deregulation in DENR Administrative Order No. 26 extends beyond Ipil-ipil and Falcata to additional planted tree species in private lands.
- The premium hardwood species exception is tied to DENR Administrative Order No. 78 (Series of 1987).
Policy and incentive objective
- DENR Administrative Order No. 26 promotes the National Forestation Program.
- The Order aims to promote tree planting by owners of private lands.
- The Order provides incentives to tree farmers for planted trees on private lands.
Coverage and species covered
- The Order applies to planted trees within titled lands or tax-declared A & D lands (where the land has corresponding patent application or acquisition through court proceedings).
- Deregulation covers all other tree species planted in private lands.
- Deregulation applies except premium hardwood species.
- Premium hardwood species are the species listed under DENR Administrative Order No. 78 (Series of 1987).
Permit rule for cutting in private lands
- DENR Administrative Order No. 26 provides that no permit is required in the cutting of planted trees within titled lands or tax-declared A & D lands.
- The permit-free rule applies when there is a corresponding application for patent or when the land is acquired through court proceedings.
- The permit-free rule applies to planted trees except those belonging to premium species under DENR Administrative Order No. 78 (Series of 1987).
- Cutting of trees that fall under premium species remains subject to the premium-species exception recognized by this Order.
Certification requirement for shipment
- While no permit is required for cutting (subject to the stated exceptions), a certification from the CENRO concerned must be issued.
- The CENRO certification must state that the forest products came from a titled land or a tax-declared alienable and disposable land.
- The CENRO certification must be issued accompanying the shipment.
- The certification requirement is tied to the shipment of the harvested forest products produced from the covered private lands.
Effect on prior inconsistent issuances
- DENR Administrative Order No. 26 amends/revokes or modifies all other DENR Administrative Orders, Memoranda, or Circulars that are inconsistent with it.
- The Order continues the deregulation direction of DENR Administrative Order No. 86 (1988) by expanding species coverage beyond those earlier singled out by Ministry Administrative Order No. 4 (January 19, 1987).
- The Order expressly adjusts prior coverage to include all other tree species planted in private lands except premium hardwood species.
Named officers and offices
- The Order is adopted and signed by Fulgenico S. Factoran, Jr., Secretary of DENR.
- The Order requires action by the CENRO concerned to issue the required certification accompanying shipment.