Title
CBFM Implementation Rules and Regulations
Law
Denr Administrative Order No. 2004-29
Decision Date
Aug 25, 2004
Philippine Jurisprudence case explores the implementation of the Community-Based Forest Management Strategy (CBFMS) through DENR Administrative Order No. 29-96, focusing on the participation of People's Organizations (POs) and the stages of CBFMP implementation, with an emphasis on sustainable resource use and economic viability.

Concept and Principles

  • Emphasize social equity, sustainability, and community participation in forest management.
  • Encourage responsible resource use by empowered local communities.
  • DENR, LGUs, and agencies to collaborate with NGOs and private entities.
  • DENR to provide security of tenure and technical assistance.

Definitions

  • CENRO: Community Environment and Natural Resources Office.
  • Community Based Forest Management Agreement (CBFMA): 25-year renewable agreement between government and community.
  • Community: Group occupying territory with shared resources.
  • Forests: Lands with >0.5 hectare and >10% tree crown cover.
  • National Integrated Protected Areas System (NIPAS): Protected area system for ecological preservation.
  • People's Organization (PO): Community group addressing concerns and sharing benefits.
  • Sustainable Forest Management: Managing forest lands to ensure continuous flow of products/services without harm.

Scope and Coverage

  • CBFMS applies to all forest lands, except those with prior vested rights.
  • Integrates various forestry programs.
  • Indigenous Peoples may opt to participate if claims are recognized.

Qualifications of Participants

  • POs must be composed of Filipino citizens.
  • Members should be actual tillers, traditional users, or residents dependent on forest resources.

Incentives to POs

  • Rights to occupy, develop, manage, and utilize forest lands.
  • Exemption from land rental payments.
  • Prior consultation and consent on third-party resource use contracts.
  • Preferential access to DENR assistance.
  • Ability to contract with private/government entities for development.

Responsibilities of POs

  • Lead in boundary delineation respecting customs.
  • Designate and regulate sustainable resource use.
  • Prepare and implement management frameworks and work plans.
  • Develop equitable benefit-sharing and enforce policies.
  • Protect and conserve forest resources.
  • Address conflicts using customary or prescribed mechanisms.
  • Maintain transparency and accountability.
  • Pay required forest charges and taxes.

Stages of Implementation

  • Preparatory Stage: Information dissemination, institutional linkage, site identification.
  • PO Formation: Validation, assistance in organization formation, obtaining tenurial instruments.
  • Planning Stage: Prepare Community Resource Management Framework (CRMF) and 5-year work plan.
  • Implementation Stage: Execute plans, resource management, protection, and economic activities.

Institutional Linkages and IEC Campaigns

  • DENR to promote partnerships among agencies and organizations.
  • Continuous orientation for local officials and stakeholders to support CBFM.

Identification and Delineation of CBFM Sites

  • DENR field offices maintain control maps harmonized with LGU land use plans.
  • Preliminary delineations based on watershed boundaries.
  • Public access to maps.

Site Selection Criteria

  • Exclude areas with existing prior rights (unless waived), protected areas per NIPAS, lands under other agencies, and certified ancestral domains (except by option).
  • Presence of forest-dependent communities.
  • Areas adjoining existing CBFM projects.

Conflict Resolution

  • Adverse claimants to file complaints within 30 days.
  • Authorities have 30 days to resolve.

Validation and Formation of POs

  • Multi-sectoral group validates qualifications.
  • Assistance for PO formation and registration.

Tenurial Instruments

  • CBFMA: 25-year renewable agreement granting tenure and incentives.
  • Certificate of Stewardship (CS): Individual occupancy rights within CBFMA areas.

Processing and Approval of CBFMA

  • Progressive approval authorities based on area size: CENRO, PENRO, RED, Secretary of DENR.
  • Required documentation includes registration, membership list, PO resolution, and NCIP certification if IPs are involved.

Terms and Conditions

  • Binding nature of agreements.
  • Provision for termination or modification by mutual consent.
  • Compensation for terminated agreements without fault.
  • Transferability of CS to heirs; CBFMA non-transferable.
  • POs may enter contracts consistent with CRMF.

Planning Stage Details

  • CRMF outlines vision, strategies, and five-year work plan.
  • Includes livelihood, land use, market information, and monitoring criteria.
  • Emphasizes financing and networking.
  • Affirmation and environmental compliance linking.

Implementation Stage

  • Development activities include plantations, silvicultural techniques, agroforestry.
  • PO is primarily responsible for forest protection and conservation.
  • Deputization of qualified PO members for enforcement.
  • Harvesting and transport adhere to existing rules.

Operation and Coordination

  • Multi-sectoral monitoring and evaluation including DENR, LGU, NGOs.
  • Documentation and reporting of POs' activities.
  • CBFM Steering Committee provides policy guidance and coordination.
  • Forest Management Bureau (FMB) serves as National Coordinating Office.
  • Regional, provincial, and community offices have defined supervisory and implementation roles.

Financing

  • Costs integrated into DENR regular work and financial plans.
  • Support from DENR, LGUs, and other agencies for activities under CRMF.

Penal Provisions

  • Monitoring compliance by CENRO and LGU.
  • Nullification of CBFMA for violations after notice period.
  • Grounds for nullification include fraud, member request, displacement, legal violations.
  • Appeals process available.

Final Provisions

  • Existing work plans remain valid through their duration.
  • Repeal of inconsistent prior issuances.
  • Effectivity 30 days after publication.

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