Legal basis and governing framework
- Executive Order No. 263 governs the Community-Based Forest Management Strategy.
- DAO 96-29 provides the implementing rules and regulations governing CBFM and is the direct supporting framework.
- These guidelines govern the issuance and transfer of Certificate of Stewardship (CS) within CBFM areas under Section 1 and Section 4.
Policy, purpose, and stewardship award
- The government must recognize individual property rights within forest lands to encourage private investments in the development of marginal forest lands.
- The government must use this recognition to promote socio-economic upliftment and to enhance active participation in CBFM activities.
- The government shall award a Certificate of Stewardship (CS) to an individual or family actually occupying, tilling, developing, managing, or protecting portions of forest lands.
- A CS must be awarded within established CBFM areas, and it is issued subject to the decision and recommendation of the People’s Organization (PO) under Section 1.
- CS areas are integral parts of the CBFMA area and must be developed, managed, and utilized in accordance with the Community Resource Management Framework formulated for the entire CBFMA area.
Certificate of Stewardship term and renewability
- A CS has a duration of 25 years.
- A CS is renewable for another 25 years under Section 1.
- The transfer rules require that the Agreement remains valid for the remaining unexpired term of the original agreement under Section 4.
Eligibility qualifications for CS recipients
- Only Filipino citizens may be awarded a Certificate of Stewardship under Section 2.
- Only recipients who are of legal age may be awarded a CS.
- A recipient must be an actual tiller or cultivator of the land to be allocated.
- A recipient must be a member of the People’s Organization (PO) that was granted a CBFM area subject of the CS application.
- A recipient must be willing to develop the land and to participate in community-based forest management activities.
- A recipient must not be a previous holder of a CS that was cancelled for cause.
Issuance process and required steps
- Information dissemination is required through the CENRO, through its CBFM Unit, PMOs, and Information Officers, in collaboration with the PO, LGU, and other assisting organizations; the IEC activities must include the procedure for CS issuance and the rights and responsibilities of recipients under Section 3(1).
- The PO must conduct a census of individuals or families actually occupying and/or cultivating portions of the CBFM area under Section 3(2).
- Census results must be indicated in a community map showing individual parcels and occupants/tillers under Section 3(2).
- After completion of the census, the PO must hold a general meeting to: validate census results, decide whether to recommend issuance to qualified members, and agree on the rights and responsibilities of individual CS holders under Section 3(2).
- The PO, through a resolution, must request the DENR through the CENRO for issuance of CS to actual forest occupants/tillers within the CBFM area under Section 3(3).
- The PO resolution request must be attached with: (a) the census of forest land occupants; (b) the agreement on rights and responsibilities of CS holders; (c) individual application for CS of prospective beneficiaries, duly endorsed by the PO head; and (d) a community map showing parcels occupied/cultivated by individual families, properly numbered, and validated in the general meeting; this community map serves as the parcellary map under Section 3(3).
- Upon receipt of the request, the CENRO through the CBFM Unit must prepare the Stewardship Agreement and Stewardship Certificate in four copies under Section 3(4).
- The Stewardship Agreement format is in Annex 1 under Section 3(4).
- The Stewardship Agreement need not be notarized under Section 3(4).
- For married individuals, the CS must be issued in the name of both spouses as co-stewards under Section 3(4).
- The CENRO must forward the CS to the PENRO for approval under Section 3(4).
- The Head of the PO and the CENRO must sign as witnesses to the Stewardship Agreement under Section 3(4).
- The distribution of CS copies must be: the original to the beneficiary, and the other copies to PENRO, CENRO, and the PO under Section 3(4).
- The original Parcellary Map must be kept at the PENRO, and certified copies must be given to the CENRO, PO, LGU, and the Regional CBFM Office concerned under Section 3(4).
Boundary markers and conflict resolution
- Each beneficiary must establish distinct and more or less permanent markers of corners and boundaries of the CS area under Section 3(5).
- Boundary conflicts must be resolved by the PO under Section 3(5).
Transfer, sale, or conveyance of CS
- A CS, including CS issued prior to Administrative Order No. 98-45, may be transferred, sold, or conveyed in whole or in part subject to the conditions in Section 4.
- A transferee must be a qualified beneficiary under Section 2, and the transferee’s total stewardship land area must not exceed 10 hectares under Section 4(1).
- At least 50% of the area covered by the CS must have been developed, including being planted to agricultural crops, trees, or forest species, developed pasture, fishpond, and other productive land uses under Section 4(2).
- The terms and conditions of the original Agreement must remain in force, but the provision prohibiting subleasing in old CS issued prior to this Order is revoked under Section 4(3).
- The Agreement must remain valid for the remaining unexpired term of the original agreement under Section 4(4).
- The transfer must be endorsed by the PO, through a resolution of its Officers under Section 4(5).
- The instrument of transfer must be duly notarized under Section 4(6).
- Transfer documentation requirements require submission to the CENRO: the transfer documents with PO endorsement plus the original CS and Stewardship Agreement under Section 4.
- The CENRO must then prepare a new CS and Stewardship Agreement in favor of the transferee, and the original CS and Stewardship Agreement must be cancelled under Section 4.
- The new CS and Stewardship Agreement, map, and other supporting documents must be forwarded to the PENRO for approval under Section 4 and in accordance with Section 3.
Amendments, repeals, and effect
- Section 5 provides that Administrative Order No. 4 (s. 1991) and all other orders, circulars, guidelines, and procedures inconsistent with Administrative Order No. 98-45 are amended or repealed to the extent of inconsistency.