Law Summary

Basic Policy and Objectives

• The State's policy aims to:
  • Protect the right of the Filipino people to a healthful environment.
  • Improve socio-economic conditions through social justice and equitable access to forest resources.
  • Respect the rights of indigenous peoples to their ancestral domains, considering their customs and traditions.
• Key strategies include:
  • Active and transparent community participation.
  • Tenurial security for local communities and indigenous peoples.
• The State supports local communities in managing forestlands and coastal resources sustainably.

Concept of Community-Based Forest Management

• Efficient management of forestlands and coastal areas relies on organized local communities.
• The Department of Environment and Natural Resources (DENR), Local Government Units (LGUs), and other agencies must collaborate with NGOs and private entities.
• The DENR is responsible for providing security of tenure and technical assistance to local communities.
• Communities will prepare a Community Resource Management Framework (CRMF) to express their aspirations and guide resource management.

Definition of Terms

• Ancestral Domains: Lands occupied by indigenous communities according to their customs since time immemorial.
• Ancestral Lands: Lands utilized by individuals or families from indigenous communities since time immemorial.
• Community-Based Forest Management Agreement (CBFMA): A production sharing agreement between a community and the government for sustainable forest management.
• Community Resource Management Framework (CRMF): A document outlining resource access, use, and protection within the CBFMA area.

Scope and Coverage

• The CBFMP applies to all classified forestlands, integrating people-oriented forestry programs.
• Indigenous Cultural Communities (ICCs) and Indigenous Peoples (IPs) can participate through Ancestral Domain Management Plans (ADMPs).
• CBFMAs will be issued over portions of ancestral domains recognized by CADCs or CALCs.

Key Program Participants

• Qualifications of Participants:
  • Local communities represented by People's Organizations (POs) must have Filipino citizen members who utilize or reside near the awarded area.
• Incentives for POs:
  • Rights to occupy and manage forest resources.
  • Exemptions from rent and forest charges.
  • Consultation and consent rights regarding government projects.
• Responsibilities of POs:
  • Participate in resource management and protection.
  • Prepare and implement CRMFs, RUPs, and AWPs.
  • Develop equitable benefit-sharing arrangements.

Stages of CBFMP Implementation

• Preparatory Stage:
  • Inform and educate stakeholders about CBFMP.
  • Establish institutional linkages between DENR and LGUs.
  • Identify potential CBFMP areas.
• PO Formation and Diagnostic Stage:
  • Encourage community participation and organization.
  • Conduct community appraisals to assess existing conditions.
• Planning Stage:
  • Assist POs in preparing CRMFs, RUPs, and AWPs.
• Implementation Stage:
  • Enhance organizational capacities and ensure economic viability of resource management activities.

Tenurial Instruments

• Community-Based Forest Management Agreement (CBFMA):
  • Duration of 25 years, renewable for another 25 years.
  • Provides tenurial security and incentives for sustainable management.
• Certificate of Stewardship Contract (CSC):
  • Awarded to individuals or families occupying forest lands.
• CADC-CBFMA and CALC-CBFMA:
  • Tenurial instruments for holders of CADCs or CALCs who opt for a CBFMA.

Management of CBFMP

• CBFM Steering Committee:
  • Formulates policy guidelines and provides overall guidance for CBFMP.
• Forest Management Bureau (FMB):
  • Acts as the National Coordinating Office for CBFMP.
  • Reviews and monitors CBFM programs and prepares national action plans.
• Regional and Provincial Implementation:
  • RED, PENRO, and CENRO are responsible for effective implementation and reporting.

Financial and Other Mechanisms

• Financing Mechanisms:
  • DENR and LGUs to allocate funds for CBFMP targets.
  • Seek supplementary funding from local and foreign donors.
• Community Based Forest Management Special Account (CBFMSA):
  • Established to support CBFMP implementation and provide incentives.
• Community Forestry Development Fund (CFDF):
  • Managed by POs to finance forest protection and community development projects.

Penalties and Sanctions

• Sanctions for Non-Compliance:
  • Monitoring by DENR and LGUs; non-compliance may lead to suspension or revocation of permits.
• Appeals Process:
  • Aggrieved parties can appeal decisions within 30 days.

Transitory Provisions

• Transition to CBFMA:
  • CBFMA replaces previous stewardship agreements and will be the tenurial instrument for allowable zones within protected areas.
• Preparation of CRMF and RUP:
  • FMB to conduct training for technical personnel to ensure compliance with CBFMS standards.

Final Provisions

• Effectivity:
  • The order takes effect 30 days after publication.
• Separability Clause:
  • Invalid provisions do not affect the validity of other provisions.
• Repealing Clause:
  • Previous inconsistent DENR issuances are repealed or amended accordingly.