Legal basis and governing references
- Executive Order No. 192 (June 10, 1987) is cited as legal basis for the issuance (preamble).
- Sections 20 and 39 of PD 705, as amended are cited as legal basis for promulgation (preamble).
- Section 68 of PD 705, as amended (as referenced with Sec. 7 of Republic Act No. 7161) is used to specify penalties for harvesting and transporting without a permit (Section 6).
- Transport and disposition must also comply with existing forest and internal revenue laws, rules and regulations (Section 4.2).
Qualified participants and who may apply
- ISFP participants whose stewardship areas contain mature and harvestable planted trees and other non-timber products are qualified to apply for permits to cut, gather, transport, dispose and/or utilize forest products within social forestry areas (Section 1).
- The harvesting permit is limited to planted trees and non-timber products located in the applicant’s stewardship area within the social forestry area covered by the application (Sections 1 and 3.1).
Application requirements and processing
- Applicants must apply to the Community Environment and Natural Resources Office (CENRO) by accomplishing the prescribed application form (Annex A) (Section 2).
- The Social Forestry Desk Officer (SFDO) receives and processes the application and indorses/recommends it to the Community Environment and Natural Resources Officer (CENR Officer) for approval (Section 2).
- On submission, the SFDO must conduct a free of charge inventory at 100% intensity over the area applied for within ten (10) days, except under reasonable circumstances (Section 3.1).
- The SFDO’s inventory must take into account trees or stock to be left for production, soil erosion control, and stream bank protection (Section 3.1).
Inventory rules and permit preparation
- If the area is a devolved social forestry area, the inventory must be jointly conducted by the SFDO and the Community Development Officer/Assistant (CDO/CDA) of the concerned LGU (Section 3.1).
- The inventory team must mark consecutively and distinctly all inventoried planted trees or non-timber products (Section 3.1).
- The inventory report must be duly certified (Annex B) and submitted to the CENRO concerned within five (5) days after completion of the field inventory report (Section 3.1).
- After inventory, the SFDO must prepare the permit to harvest using the prescribed format (Annex C) (Section 3.2).
Permit issuance, duration, and reporting
- The CENR Officer concerned issues the Permit to Harvest (Section 3.3).
- The maximum period of any harvesting permit under the Order is six (6) months, and renewal depends on the availability of planted trees and non-timber products to be harvested (Section 3.3).
- The concerned CENR Officer must immediately furnish copies of all permits issued to the PENRO, RENRO, Forest Management Bureau (FMB), and the Office of the Undersecretary for Field Operations for information, record and reference (Section 3.4).
- Failure to furnish copies renders a permit invalid, and the CENR Officer becomes administratively liable under existing Civil Service rules and regulations (Section 3.4).
- Permit holders must submit a monthly report and a terminal report after lapse of the permit period granted by the CENR Officer (Section 4.3).
Harvesting permit conditions and transport rules
- Only mature planted forest trees and non-timber products that are duly inventoried may be harvested (Section 4.1).
- Transport, disposition, and utilization of harvested planted trees and non-timber products must conform to existing forest and internal revenue laws, rules and regulations (Section 4.2).
- Every shipment of harvested products covered by a permit must be accompanied by a Certificate of Origin (Annex D) issued by the concerned CENR Officer (Section 4.2).
- Permit issuance depends on (a) the recommendation of the SFDO who has jurisdiction over the area and (b) presentation of the appropriate Auxiliary Invoice (Section 4.2).
- Trees cut under the permit may be exported by the permittee only through proper application, documentation, and issuance of export authority, in accordance with exportation procedures and regulations (Section 4.2).
Suspension, cancellation, and penalties
- Permits issued under the Order must be suspended or cancelled for violations of the terms and conditions of the permit and applicable forest laws, rules and regulations (Section 5).
- Harvesting and transporting forest products from social forestry areas without a permit is illegal (Section 6).
- Offenders are punished under Section 68 of PD 705, as amended (Sec. 7 of Republic Act No. 7161) and any other appropriate laws (Section 6).
Effectivity and repealing provisions
- DENR Administrative Order No. 96-26 takes effect immediately (Section 8).
- All orders, issuances, and instructions inconsistent with the Order are repealed, revoked, or amended accordingly (Section 7).