Title
Supreme Court
Executive Order on Industrial Tree Plantations
Law
Executive Order No. 725
Decision Date
Sep 9, 1981
Executive Order No. 725 encourages the establishment of Industrial Tree Plantations (ITPs) in the Philippines to accelerate reforestation efforts, promote ecological balance, and ensure an adequate wood supply, with existing timber license holders given a six-month period to apply for an ITP lease agreement or implement a reforestation plan, and failure to comply resulting in the loss of rights in the license.

Law Summary

Role of the Ministry of Natural Resources and Timber License Holders

  • Ministry, via Bureau of Forest Development (BFD), to identify and delimit suitable areas within timber concessions for ITP development.
  • Existing timber license holders have six months from the promulgation of implementing rules to:
    • Apply for an ITP lease agreement for up to 30% of their Timber License Agreement (TLA) areas suitable for tree growing;
    • Implement a 7-year reforestation plan approved by BFD;
    • Or both.
  • Submission of a new seven-year reforestation program to cover areas not converted into ITP is required, focusing on dipterocarp, premium, and fast-growing species.

Formation of Corporations and Development Guarantees

  • Timber license holders may form a new corporation with other investors to develop the ITP.
  • License holders guarantee strict development and implementation as per the ITP Lease Agreement.
  • Failure to develop within the agreed period leads to revocation of their license rights.

Consequences of Non-compliance by Timber License Holders

  • Failure to apply or implement reforestation plans results in waiver of priority option.
  • Available ITP areas can be offered to third parties, including regional cooperatives.
  • Non-compliance can lead to summary suspension of timber licenses and revocation of log export permits.
  • Deficiencies must be corrected within one year from notice.

Reforestation Requirements

  • Plantation of suitable dipterocarp, premium species, and fast-growing trees is mandatory.

Definition of Inadequately Stocked Areas

  • Forest land with fewer than 20 dipterocarp or endangered species trees per hectare, with diameters under 20 cm at breast height.
  • Cutting of existing dipterocarp and endangered trees authorized only under BFD rules.

Conditions for ITP Area Composition

  • ITP zones must be contiguous; adequately stocked patches may be included if:
    • They do not exceed 30% of total ITP area.
    • 5% of total ITP area is maintained as permanent wilderness reserve.
    • Remaining adequately stocked areas serve as buffer zones with regulated tree harvesting.

Segregation and Lease of ITP Areas

  • Suitable ITP areas within timber concessions are segregated upon issuance of a formal ITP Lease Agreement.
  • Areas outside concessions found suitable are also available for ITP development.

ITP Lease Agreement Terms and Compensation

  • Lease term: 25 years, automatically renewable for another 25 years if conditions are met.
  • Lessee entitled to fair compensation for standing trees and improvements at lease expiration.
  • Compensation determined by mutually accepted third-party appraisal.
  • Subsequent lessees must reimburse the government for previous compensation.

Government Participation and Financial Assistance

  • National Development Company (NDC) may take equity in ITP corporations.
  • Ministry officials serve as non-voting ex-officio board members to uphold forest policies.
  • Government financial institutions provide long-term, low-interest loan assistance.

Labor Provisions for ITP Employees

  • Employees working within ITPs classified as agricultural workers entitled to benefits under Ministry of Labor regulations.

Rulemaking and Implementation

  • Ministry of Natural Resources, in consultation with Ministry of Industry and wood sector, must promulgate implementing rules within 60 days.

Application Process and Lease Execution Timeline

  • BFD to approve or reject ITP applications within 120 days.
  • Upon approval, lease agreement to be executed within 30 days.
  • Minister of Natural Resources may amend lease terms if mutually agreed and consistent with the EO's intent.
  • Development must commence within one year from lease execution.

Amendments and Effectivity

  • Existing orders and rules inconsistent with this EO are amended accordingly.
  • EO takes effect immediately upon issuance.

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