Title
DENR-DILG-LGU Forest Management Partnership
Law
Denr-dilg Joint Memorandum Circular No. 2003-01
Decision Date
May 19, 2003
The Department of Environment and Natural Resources (DENR) and the Department of the Interior and Local Government (DILG) establish a framework to enhance collaboration with local government units (LGUs) for effective forest management, aiming to improve environmental health, socio-economic conditions, and biodiversity conservation through devolved responsibilities and co-management agreements.
forest management
local government
environmental law

Legal basis and related issuances

  • Republic Act No. 7160 (the Local Government Code of 1991) devolves certain forest management functions to local government units (LGUs).
  • DENR Department Administrative Order No. 92-30 provides guidelines for the transfer and implementation of DENR functions devolved to LGUs.
  • DENR–DILG Joint Memorandum Circular No. 98-01 provides the manual of procedures for the DENR–DILG–LGU partnership on devolved and other forest management functions.
  • Section 1 operationalizes the National Steering Committee (NSC) referenced in Sec. 6.1 of JMC 98-01.
  • Section 4 reiterates documentation requirements referenced in Sec. 7.4 of JMC 98-01.
  • Section 7 reiterates LGU participation requirements referenced in Sec. 9.3 of JMC 98-01.

Policy focus and partnership intent

  • The partnership is designed to improve environmental health, uplift the socio-economic condition of upland communities, conserve biodiversity, strengthen food and fiber security, and stabilize water supply from watersheds.
  • The Circular accelerates collaboration, partnership, coordination, and institutionalization of working relationships among DENR, DILG, LGUs, and their leagues.
  • The Circular strengthens LGU engagement through institutional structures, field-level operationalization, and good governance principles for forestland management.

National Steering Committee institutionalization

  • The National Steering Committee (NSC) must be convened without further delay under Section 1(a).
  • In its first meeting, the NSC must forge a Memorandum of Agreement (MOA) among member institutions specifying:
    • Each member institution’s roles and functions.
    • Each member institution’s internal rules of business.
    • The composition, roles, and functions of the National Technical Working Group (NTWG).
    • Each member institution’s commitments to the partnership.
  • The Director, Forest Management Bureau, as Head of the NTWG, must prepare to convene and activate the NSC.
  • The NSC must formulate policies and programs and establish linkages with other pertinent agencies and sectors to strengthen and institutionalize the partnership.

Field-level partnership operations

  • The Regional Executive Director of DENR, in collaboration with the DILG Regional Director, must organize and develop strategies and work plans for partnership support in their respective jurisdictions.
  • The Provincial Environment and Natural Resources Officers (PENRO), Community Environment and Natural Resources Officers (CENRO), their DILG counterparts, and the heads of the various leagues must meet with elected provincial governors and mayors to operationalize the partnership within their jurisdictions.
  • The operationalization of the partnership must follow pertinent guidelines set by the NSC and/or the regional directors.
  • The relevant DENR officers must initiate coordination and meetings with DILG and LGUs.
  • The partnership must be evidenced by an MOA signed by concerned DENR, DILG, and LGU officials, and their leagues, specifying:
    • Parties’ roles and functions.
    • Internal rules of business.
    • Composition, roles, and functions of the Technical Working Group.
    • Parties’ commitments to the partnership.

Priority concerns and key mechanisms

  • The partnership prioritizes technical concerns, including:
    • Identification, delineation, and establishment of communal forests, community watersheds, greenbelts, tree parks, reforestation areas, and other co-management areas as defined by regulations.
    • Transparent, accountable, and participatory forest land use planning per LGU (or collection of contiguous LGUs), with clearly specified roles and responsibilities of national and local agencies and other sectors.
    • Devolution of management of forest land areas based on approved LGU Forest Land Use Plans (FLUPs).
  • The NSC must address administrative concerns upon issuance of the Circular, including:
    • Formulation of a National Strategic Partnership Plan.
    • Dissemination and implementation of JMC 98-01, as amended by JMC 2003-01.
    • Issuance of appropriate instructions or communications to Regional, Provincial, and Community/Municipal/City DENR and DILG officials, and other pertinent agencies (e.g., NCIP).
  • All LGU FLUPs must be approved by the respective City/Municipal Development Councils and enacted as ordinances by the respective Sangguniang Panglungsod/Bayan as part of comprehensive land use plans.
  • DENR approval of FLUPs must follow enactment as an ordinance and must be manifested through an MOA between DENR and the LGU requiring commitments for full implementation of the FLUP.
  • The DENR Regional Executive Director signs MOAs on approved FLUPs on behalf of DENR, with the DILG Regional Director as witness.
  • Based on LGU FLUPs, concerned LGUs may enter into co-management agreements over certain forest and forestland areas that are required by law to be reposed on DENR or other agencies, consistent with Section 6.

Documentation and MOA authority for devolved projects

  • Devolution of forestry projects to LGUs under Republic Act No. 7160 must proceed without further delay under Section 4(a).
  • Forest management projects and functions devolved from DENR to LGUs in accordance with approved FLUPs must be fully documented under Section 4(b).
  • Where DENR and LGUs agree to co-manage a forest area, that co-management must likewise be fully documented.
  • Authorized DENR officers for MOAs respecting the partnership must follow the land-area thresholds:
    • For forest areas up to 1,000 ha: CENRO
    • More than 1,000 ha up to 5,000 ha: PENRO
    • More than 5,000 ha up to 15,000 ha: RED
    • More than 15,000 ha up to 30,000 ha: USEC for Field Operations
    • More than 30,000 ha: Secretary
  • Corresponding DILG officials must act and sign as witness in each MOA.
  • Each MOA must clearly specify:
    • The roles, responsibilities, and accountabilities of offices and officers involved in devolution and co-management.
    • Adoption of good governance principles of transparency, accountability, and participatory mechanisms in managing forestland areas.

Mandatory LGU comments for tenure instruments

  • DENR offices must submit for LGU comments any application for tenurial instruments, including resource extraction permits, before issuing the instruments or permits under Section 7.
  • The concerned LGU must inform DENR of the action it took within fifteen (15) days from receipt of the document.
  • Failure of the concerned LGU to inform DENR within 15 days creates a presumption that the LGU fully endorses the application or instrument.
  • If the forest area covers one or more cities/municipalities, DENR must request comments of:
    • All city/municipal LGUs and the provincial LGU.
  • If the forestland area covers two or more provinces, DENR must request comments of:
    • All city/municipal LGUs and the provincial LGUs that cover the area.
  • If LGU comments as required are not solicited, the issued tenurial or allocation instrument or resource extraction permit must be subject to further review, and all activities in the forestland area must be suspended until the comments of the concerned LGUs are received.
  • CENR, PENR, and Regional DENR Officers who failed to solicit LGU comments and gave due course to the processing are administratively liable, without prejudice to other liabilities provided by law.

Deputation and capacity-building for LGU officers

  • The NSC must formulate guidelines for deputizing LGU officials as Special ENR Officers under Section 8.
  • The guidelines must specify how deputized officials assist DENR in implementing environment and natural resources laws and regulations, including responsibilities and accountabilities.
  • DENR must develop and implement training and periodic upgrading sessions for deputized LGU officials.

Funds and strengthening measures

  • DENR must provide necessary technical support to capacitate LGUs in handling forest management responsibilities under Section 9.
  • LGUs must provide necessary funds to make devolution, partnership, and co-management effective.
  • Resource-sharing arrangements among DENR, DILG, and LGUs must be worked out, with guidelines to be provided in the National Strategic Partnership Plan.

Administrative sanctions, separability, and repeal

  • Deliberate refusal, delay, or inexcusable negligence of an officer to perform duties to effect LGU involvement in the partnership can subject the officer to administrative disciplinary sanctions as may be appropriate under Section 11.
  • Separability is mandated: if any clause, sentence, or provision is held invalid or unconstitutional, the remaining parts of the Circular continue to operate under Section 12.
  • Repeal/modification is mandated: all orders, rules, and regulations inconsistent or contrary to the Circular are repealed or modified accordingly under Section 13.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.

About Privacy Terms