NINETEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES
H.B. No. 3707

Introduced by Representative Ralph G. Recto

AN ACT
PROVIDING FOR THE DELINEATION OF THE SPECIFIC FOREST LIMITS OF
THE PUBLIC DOMAIN AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The 1987 Constitution provides that Congress shall determine by law the
specific limits of forest lands and national parks, which shall thereafter be conserved

and may not be increased nor diminished.

According to government statistics, half of the country's total land area or
roughly 15.05 million hectares is classified as forest land. These lands classified
under forest land are further disaggregated into different categories, such that only
3.27 million hectares out of the 15.05 million hectares are classified as forest
reserves. However, the lack of demarcation separating the lands classified as forest
reserves from other classes may have resulted to an inaccurate picture as to the
actual size of the country's forest lands, as some may have been encroached by
various adjacent land developments or have been reclassified in accordance with

existing laws.

In order to mitigate further encroachment, the Department of Environment
and Natural Resources (DENR), as of 2017, has completed the delineation and
assessment of 89,091 kilometers of forest lines for submission to the National

Assessment and Delineation Committee.



However, in order to strengthen DENR's efforts in the delineation and
assessment of the country's forest lands, an enabling law is necessary to provide a
legal framework to preserve the remaining forest resources, protect, manage and
utilize these lands for purposes consistent with sustainable development. With the
growing threat of further encroachment over remaining forest lands at hand, it is
imperative for government to secure forest lands from further dissipation due in part
to uncontrolled development and urban expansion.

This measure seeks to define the scope of forestlands, as well as provide
guidelines in determining the specific limits of forestlands. For this purpose, a
National Review and Evaluation Committee, headed by the Secretary of Environment
and Natural Resources, shall be created to process, evaluate and approve all
completed assessment and delineation reports referred to the said Committee. The
DENR shall, upon determination of final forest lines, delimit and establish boundary
monuments on the ground. Forestlands delineated under this legislation shall be
conserved and may not be increased nor decreased, except by law.

In order to resolve controversies arising from land classification as a result of
the delimitation of forestlands, a Land Classification Conflict Adjudication Board shall
also be created under this Bill.

To attain ecological balance, preserve valuable ecosystems, prevent
environmental degradation and promote sustainable development, approval of this
Bill is earnestly sought.



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NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.B. No.3 707

Introduced by Representative Ralph G. Recto

AN ACT
PROVIDING FOR THE DELINEATION OF THE SPECIFIC FOREST LIMITS OF
THE PUBLIC DOMAIN AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. Short Title. ~ This Act shall be known as the "Forest Lands Limits
Act”.

Sec. 2. Declaration of Policy. ~ It is the policy of the State to conserve, protect
and develop the forest resources of the country in order to attain ecological balance,
preserve valuable ecosystems, prevent environmental degradation and promote
sustainable development for the present and future generations. To achieve these
ends, the specific limits of forest lands and national parks shall be determined by law
and their boundaries marked clearly on the ground.

Sec. 3. Definition of Terms. —For purposes of this Act, the following terms shall
mean:

a) — Agricuitural lands shall refer to alienable or disposable lands of the public
domain which have been the subject of the land classification system
and declared as not needed for forest purposes;

b) Delineation shall refer to the conduct of site investigation, field
reconnaissance and assessment, and staking of boundaries between
forest lands, national parks and agricultural lands verified in the field in
accordance with the criteria set forth under Department of Environment
and Natural Resources (DENR) administrative orders;


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9)

h)

Demarcation and delimitation survey shall refer to the establishment of
permanent boundary monuments of forest land through ground survey
in accordance with existing standards and practices;

Forest lands shall include the public forests, the permanent forest or
forest reserves, and forest reservations;

Forest reservations shall refer to forest lands which have been reserved
by the President of the Philippines for any specific purpose or purposes;
Permanent forest or Forest reserve shall refer to those lands of the
public domain which have been the subject of the present system of
classification and determined to be needed for forest purposes;
Production forest lands shall refer to forest lands available for timber
and agro-forestry production, range lands for grazing, and other forest
lands for special uses;

Protected area shall refer to identified portions of land and water set
aside by reason of their unique physical and biological significance,
managed to enhance biological diversity and protected against
destructive human exploitation;

Protection forest lands shall refer to all areas within the forest lands
devoted primarily for the protection and conservation of forest resources
to ensure environmental stability, conservation of biological diversity,
improvement of ecosystem functions and services, and provision of
ecological and economic benefits. All mossy and primary/old growth
forests and natural beach; key biodiversity areas; areas regardless of
slope and vegetation cover which are highly erodible or too rocky for
establishment of production forests; areas developed for the principal
objectives of establishing vegetative cover to prevent erosion, conserve
water and nurture wildlife; freshwater bodies, swamps, and marshes; all
areas along the bank of the rivers and streams; and the shores of the
seas and lakes throughout their entire length and within the zone of
three (3) meters in urban areas, twenty (20) meters in agricultural
areas, and forty (40) meters in forest areas, along their margin which
are subject to the easement of public use in the interest of recreation


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settlements, navigation, floatage, fishing and salvage, shall also be sub-
classified as protection forest lands: Provided, That the provisions of
Republic Act No. 8371 or the Indigenous Peoples Rights Act (IPRA) of
1997 and Republic Act No. 11038 or the Expanded National Integrated
Protected Areas System (NIPAS) Act of 2018 shall be respected;

Public forest shall refer to the mass of lands of the public domain which
has not been the subject of the present system of classification for the
determination of which lands are needed for forest purposes and which
are not; and

Tenured migrant communities shall refer to communities within forest
lands which have actually and continuously occupied such areas for five
(5) years before the designation of the same as forest lands in
accordance with this Act and are solely dependent therein for

subsistence.

Sec. 4. What Constitutes the Forest Lands. ~The following shall constitute the

forest lands, to wit:

a)

b)

°)

all lands of the public domain already classified as forest land as per
existing land classification maps issued by the DENR;

all permanent forest reserves proclaimed as such by the President or
declared by law; and

such areas within the unclassified lands of the public domain that were
assessed and delineated by the DENR in accordance with pertinent laws,
rules and regulations and which may hereafter be classified as forest
land by the DENR.

Sec. 5. Guidelines in Determining the Specific Limits of Forest Lands. - The

following guidelines and procedures shall be followed in determining the specific

limits of forest lands in the country:

a)

The previously-established Land Classification (LC) survey lines per
province with their respective technical descriptions (TDs) and maps
shall be the basic data and information that will be used as reference
material in undertaking the validation, assessment and delineation

process;


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b)

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All completed assessment and delineation reports for a given province
shall be endorsed to the National Review and Evaluation Committee as
created herein to be headed by the Secretary of the DENR for final
approval; and

The same process shall be followed for other provinces with on-going
assessments and delineation activities until such time that all the
boundaries of forest lands of the whole country shall have been
delimited: Provided, That all assessments, validations and delineations
shall be completed not later than one (1) year after the effectivity of this
Act.

Sec. 6. National Review and Evaluation Committee. ~ A National Review and
Evaluation Committee is hereby created to process, evaluate, and approve all
completed assessment and delineation reports referred to in Section 5 of this Act.
The Committee, in its evaluation and approval of the said reports, shall adhere
strictly to existing established laws, policies, rules, regulations and guidelines
pertinent thereto.

The Committee shall be composed of the following:

a)

b)

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qd)
e)

f)

9)

Secretary of the DENR as Chairperson;
Secretary for Socioeconomic Planning and Director-General of the
National Economic and Development Authority (NEDA) as Vice-
Chairperson;

Secretary of the Department of the Interior and Local Government
(DILG) as Member;

Secretary of the Department of Agriculture (DA) as Member;

Secretary of the Department of Human Settlements and Urban
Development (DHSUD) as Member;

Chairperson of the National Commission on Indigenous Peoples (NCIP)
‘as Member; and

President of the League of Provinces of the Philippines as Member.

Upon approval of the assessment and delineation reports, the Committee shall

submit the same to Congress to form part of its official records. The assessment and


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delineation reports as approved by the Committee shall be adopted as constituting
the final boundaries of the forest lands covered by the said report.

The National Review and Evaluation Committee shall be assisted by the Forest
Management Bureau (FMB) of the DENR in the process, evaluation and review of all
completed assessment and delineation reports referred to in the preceding section.
‘The FMB staff shall serve in the National Review and Evaluation Committee without
compensation but may be reimbursed for basic expenses in the preparation of the
assessment and delineation reports.

Sec. 7. Demarcation and Delimitation of Forest Land Boundary. ~ Immediately
after the forest line has been determined following the guidelines prescribed in
Section 5 hereof, the DENR shall delimit and establish the permanent boundary
monuments on the ground.

Sec. 8. Permanency of the Specific Forest Lands Limits. - The permanent forest
lands established pursuant to this Act shall not be diminished or reduced except by
‘an Act of Congress. The DENR, in coordination with all agencies and branches of
government, shall ensure that the forest cover and vegetation therein shall be
protected, preserved and enhanced.

Sec. 9. Sub-classification of the Permanent Forest Lands. - The permanent
forest lands shall be further sub-classified as follows: (a) protection forest lands; and
(b) production forest lands.

After due consultation with the local government units (LGUs) concerned,
tenured migrant communities, and other stakeholders, the DENR shall undertake the
sub-classification of the permanent forest lands.

Cutting of trees and mining shall be banned in the protection forest lands.

Sec. 10. Recognition of the Rights of the Indigenous Cultural
Communities/Indigenous Peoples and Tenured Migrant Communities. - In the
ground delineation of the permanent forest land limits, the occupation by indigenous
cultural communities/indigenous peoples and tenured migrant communities shall be
recognized and respected, consistent with the provisions of Republic Act No. 7160 or
the Local Government Code of 1991, Republic Act No. 8371 or the Indigenous
Peoples Rights Act (IPRA) of 1997, and Presidential Decree No. 705, as amended, or
the Forestry Code of 1975.


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Sec. 11. Accessibility of Record to the Public. — All records and information
pertaining to the specific forest lands limits delineated pursuant to this Act shall be
made avallable to the general public.

Sec. 12. Creation of the Adjudication Board to Resolve Controversies on Land
Classification Conflicts ~ A Land Classification Conflict Adjudication Board, herein
referred to as the Board, is hereby created to resolve controversies arising from land
classification as a result of the delimitation of forest lands pursuant to this Act. The
Board shall be composed of the following:

a) Secretary of the Department of Justice (D0J) as Chairperson;

b) Administrator of the Land Registration Authority as Member;

©) Representative from the Integrated Bar of the Philippines (IBP) as
Member;

d) Representative from a reputable College of Forestry as Member; and

) _ Representative from the private sector as Member.

Sec. 13. Powers and Functions of the Adjudication Board. - The Board shall
have the following powers and functions:

1) Resolve controversies arising from land classification as a result of the
delimitation of forest lands pursuant to this Act;

2) Summon witnesses, administer oaths, take testimony and require
submission of reports;

3) Compe! production of books and documents and answers to
interrogatories; and

4) Issue subpoena duces tecum, writs of possession, writs of execution and
other writs to enforce its orders and decisions.

In any proceeding before the Board, the Rules of Evidence prevailing in courts
of law or equity shall not be controlling and it is the spirit and intention of this Act
that shall govern. The Board shall use any and all reasonable means to ascertain the
facts in each case speedily and objectively and without regard to technicalities of law
or procedure, in the interest of due process. In any proceeding before the Board, the
parties may be represented by legal counsel.

The findings of fact of the Board shall be conclusive and binding on the parties
and its decision or order shall be final and executory.

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Appeal on the decision or order of the Board involving questions of law by way
of petition for review may be filed by the aggrieved party with the Court of Appeals
under Rule 43 of the Rules of Court within fifteen (15) days from notice of the order
or decision of the Board.

Sec. 14. Monitoring, Evaluation and Reporting System. - To attain the
objectives of this Act, a field monitoring, evaluation and reporting system shall be
adopted by the DENR to regularly keep track of the state of the country’s forest
lands after their delimitation. Toward this end, at the opening of each Session of
Congress, the DENR shall submit a report to the President on the status of the
forestlands for transmission to Congress.

Sec. 15. Appropriations. - The Secretary of the DENR shall include in the
Department's budget program the funds necessary for the implementation of this
Act, the initial funding of which shall be charged against the current year's
appropriations of the Department and thereafter included in the annual General
Appropriations Act (GAA).

Funds for the implementation of the provisions of this Act shall be
supplemented by any available Official Development Assistance (ODA) and from joint
projects between agencies of the Philippines and an assisting country.

The LGUs shall also allocate counterpart funds to be taken from their Internal
Revenue Allotment (IRA) and other LGU income for the delineation of the forest
lands within their respective territorial jurisdictions.

Sec. 16. Implementing Rules and Regulations. — Within ninety (90) days from
the effectivity of this Act, the Secretary of the DENR shall issue the corresponding
implementing rules and regulations for the effective implementation of this Act.

Sec. 17. Separability Clause. - If any portion of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions not affected thereby.

Sec. 18. Repealing Clause. — All laws, decrees, letters of instruction, executive
orders, rules and regulations and other issuances or parts thereof inconsistent with
this Act are hereby repealed, amended or modified accordingly.


1 Sec. 19. Effectivity, - This Act shall take effect fifteen (15) days after its
2 complete publication in the Official Gazette or in two (2) newspapers of general
2 circulation in the Philippines.

Approved,