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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
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9 FE5 -3 P 3  
SENATE 
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Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
The failure to protect the forest lands and forest resources from timber companies' 
obliteration has been leading to the denudation of our forests and the consequent 
suffering of the entire country caused by natural disasters. This scenario demonstrates a 
serious problem related to public goods. 
As a response to the problem of denuded forests, the total log ban has been advocated. 
However, a total log ban is clearly not an optimum nor an effective response because it 
does not provide sufficient incentives that are consistent with the preservation of forest 
resources. 
This bill proposes a system of private land forestry, defining special agricultural lands 
and permanent ago-forestry zones, and vesting in private individuals the property rights 
to such lands. Private individuals exercising limited property rights over these lands 
under the supervision of local government units (LGUs) will constitute the more effective 
enforcers of practices that will contribute towards the renewal and preservation of our 
forest lands and resources. 
In view of the foregoing, passage of this bill is earnestly requested. 
AN'IIO~O "SONNY" F. TRILLANES n, 
Senator 


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FOURTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES ) 
9 FED -3 
P 3 :5i 
Second Regular Session 
1 
SENATE 
Introduced by Senator Antonio “Sonny” F. Triltanes N 
AN ACT 
INSTITUTIONALIZING PRIVATE LAND 
FORESTRY TO ENHANCE 
REFORESTATION AND ENWONMENTAL PROTECTION AND PROVIDING 
I[NCENTNES THEREOF, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Phizippines in Congress 
assembled: 
SECTION 1. Short Title. - This Act shall be known as the ‘!Private Land 
Forestry and Incentive Act of2009.“ 
SEC. 2 Declaration of Policy. - It is declared policy of the State to protect and 
advance the right of the people to a balanced and healthful ecology through forest 
conservation and reforestation. The State also recognizes the indispensable role of the 
private sector in reforestation 
SEC. 3. Coverage. - This Act shall cover social forestry areas, 
alienable/disposable land, and privately owned lands engaged in ago-forestry activities. 
SEC. 4. Special Agricultural Lands and Permanent Agro-Forestry Zones. - All 
land areas covered by the integrated social forestry program of the Department of 
Environment and Natural Resources (DENR) pursuant to Letter of Instruction No. 1260 
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and such other areas as may be determined by the DENR are hereby classified as special 
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agricultural lands, declared as “Permanent Ago-Forestry Zones” and shall be available 
for land ownership or title by qualified beneficiaries. As special agricultural lands such 
areas shall continue to be farmed with at least twenty percent (20%) of the land planted to 
the trees or reforestation species and with environmental protection measures. 
SEC. 5. Application. - (1) All individuals qualified to be beneficiaries of the 
integrated social forestry program of the DENR as provided in Administrative Order No. 
4 dated February 27, 1991 are hereby declared qualified to apply for the titling of a 
forestland of not exceeding seven (7) hectares of Permanent Agro-Forestry Zone. 
(2) All individual forestland occupants awarded with certificates of stewardship 
contracts under the integrated social forestry program of DENR as of the effectivity of 
this Act are hereby qualified to apply for the corresponding land titles. 
It is hereby provided that the qualifications to be beneficiaries of the integrated 
social forestry program of government are as follows: Must be of legal age; Must be a 
citizen of the Philippines; Must be actual tillers or cultivators of the land to be allocated; 
and Must be living within the project area or adjacent barangaykitio. 
SEC. 6. Conditiom for the Grant - The grant of certificates of land ownership or 
titles to qualified beneficiaries under this Act shall be subject to the following conditions: 
(a) At least twenty percent (20%) of the social forestry area awarded to the 
occupant shall be devoted to tree farming of suitable species to contribute to the 
reforestation efforts of the government; 
(b) Trees and other vegetation along the banks of rivers and streams, bordering or 
passing through the allocated areas, shall be protected and preserved; Provided, 
that if the channel is at least five (5) meters wide, the protected strip, 
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perpendicular to the edge of the normal high waterline, shall be twenty (20) 
meters. In case of rivers or waterways less than five meters in width, the strip 
shall be ten meters on each side. 
(c) The allocated land shall be developed, consistent with scientific and 
environmental protection practices, into productive farms which are economically 
viable and enable the occupant and his family to be self-reliant; and 
(d) Regardless of transfer of ownership, the area shall not be converted to uses 
other than ago-forestry except as determined by scientific/technical studies and 
expressly allowed by law. 
SEC. 7. Jurisdiction over Agro-Foresty Zones. - Consistent with Section 17 of 
Republic Act No. 7160 or the Local Government Code, the local governments shall have 
primary jurisdiction over ago-forestry zones for purposes of the implementation and 
enforcement of the provisions of this Act. 
SEC. 8. Transferabil& of Ownership. - Social forestry areas acquired by 
beneficiaries under this Act may not be sold, transferred or conveyed except through 
hereditary succession or to other qualified beneficiaries for a period of five (5) years from 
date of issuance of the original certificate of land ownership or title. 
SEC. 9. Private Forestry Areas. - The following shall be considered as private 
forestry areas: (a) agricultural or alienableidisposable lands at least twenty percent (20%) 
of which area is devoted to tree farming of reforestation species; (b) private lands 
converted to f m s  at least twenty percent (20%) of which area is planted to reforestation 
species; and (c) social forestry or ago-forestry zone areas covered by this Act. 
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SEC. 10. Incentives. - The following incentives are given to owners and 
cultivators/developers of private forestry areas: 
Exemption from payment of all taxes and agricultural forest charges 
including tariffs or import duties on agricultural forestry equipment, 
machinery and farm processing and other inputs, except net income tax; 
Permission to sell, trade, dispose or export agro-forestry produce even in 
raw form; 
Permission to sell or dispose of the land area and assets thereof in 
secondary markets subject to the restriction in Section 8 of this Act; 
Government guarantee of up to ninety percent (90%) of the amount loaned 
from local or foreign sources for private forestry operations; Provided, 
however, that the property and assets therein are mortgaged to the 
government as collateral; 
Preferential technical and administrative assistance from government 
agencies. 
SEC. 11. Disposal of Foreclosed Private Forestry Areas. - All private forestry 
areas or lands foreclosed or acquired by the government through default of loans or 
violation of law shall, within one (1) year after their titles are transferred in favor of the 
government, to be disposed to qualified persons or entities. 
SEC. 12. Economies of Scale. - Individual owners of private forestry areas may 
form federations for purposes of economies of scale of operations; Provided, however, 
that individual land ownership or title is preserved, and that 20% of the total land area, 
thus pooled, is devoted to tree farming of reforestation species and the remaining areas 
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subjected to adequate environmental protection. 
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SEC. 13. Penal Provisions. - Social forestry areas which have not adequately 
accomplished ago-forestry activities after five (5) years of ownership shall be forfeited 
in favor of the government. Other violations of forestry, land and environment and other 
laws shall be punished accordingly with respect to such codes or laws. 
SEC. 14. Implementing Guidelines. - The Department of Interior and Local 
Government (DILG), in consultation with the Department of Environment and Natural 
Resources, Agriculture and Agrarian Reform, the Land Bank and other agencies 
concerned shall formulate the necessary implementing rules and regulations within ninety 
(90) days after effectivity of this Act; Provided, that such regulations include the creation 
of inter-agency Oversight Committee at the appropriate field levels. 
SEC. 15. Separabiliv Clause. - If any section or provision of this Act shall be 
declared unconstitutional or invalid, the other sections or provisions not affected thereby 
shall remain in full force and effect. 
SEC. 16. Repding Clame. - All laws, decrees, orders, rules and regulations and 
other issuances inconsistent with the provisions of this Act are deemed,modified, revoked 
or repealed accordingly. 
SEC. 17. Egectiviv. - This Act shall take effect fifteen (15) days a&er its 
publication in the Official Gazette or in at least two (2) national newspapers of general 
circulation whichever comes earlier. 
Approved, 
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