THIRTEENTH CONGRESS OF THE ' 
1 
Second Regular Session 
) 
6 $49 30 
:j€j 
REPUBLIC OF THE PHILIPPINES 
) 
I 
. ,  
S E N A T E  
8 3  9 *J 
S. B. No. 
INTRODUCED BY SENATOR EDGARDO J. ANGARA 
EXPLANATORY NOTE 
The destruction of Philippine forests has been described as the most rapid and 
most massive in the world. According to the Asian Development Bank (ADB), the 
average annual rate of deforestation in the country is one of the highest in East Asia and 
Southeast Asia at 1.4%. 
According to another report from Haribon Foundation, our forests have reached 
the threshold of sustainability. In the 1900s, forest cover in the Philippine was estimated 
at 21 million hectares (70% of the country's total land area). A decade later, the once 
lush forest cover was further reduced to a measly 800,000 hectares (18%). In the year 
2010, it is projected that forest cover will be reduced to an upsetting 266,666 hectares 
(6%). 
Such a limited forest cover could hardly sustain a population, which today stood 
at more than eighty million Filipinos growing at a rate of 2.36% per annum. As a gross 
consequence, ecological and economic disasters have now become inevitable. Based on 
the Department of Environment and Natural Resources (DENR) list, some 38 areas 
nationwide are prone to frequent landslides and flooding, most of which are located in 
the heavily denuded forest areas in the country. 
There is no single solution to all these problems but the Tree for Legacy Act as a 
Forest Management Program is certainly one of them. Its objectives are consistent with 
Executive Orders 263 and 318 in promoting community-based ('people-based') 
approaches in attaining sustainable forest management in the country. Further, this bill 
also encourages tree plantation development from both private and public lands, which 
is very important in integrated watershed management. 
Approval of this measure, therefore, is strongly urged. 
EDG % 
RD / A  
J.ANGARA 
Senator 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 .  
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
.1 
1.1 cj 
THIRTEENTH CONGRESS OF THE 
1 
Second Regular Session 
) 
REPUBLIC OF THE PHILIPPINES 
) 
E/#-? 30 2;. . I  ., 
~~ 
, .  . 
INTRODUCED BY SENATOR EDGARDO J. ANGARA 
AN ACT INSTITUTING A SELF-SUSTAINING FOREST MANAGEMENT 
PROGRAM, BY PROVIDING INCENTIVES TO TREE PLANTERS 
ON PRIVATE LANDS, FOREST LANDS, AND OTHER PUBLIC LANDS 
AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress duly assembled: 
SECTION 1. Short Title. This Act shall be knqwn as the "Tree For Legacy Act o f  
2006." 
SEC 2. DecZaration of Policies!. Consistent &th the constitutional precepts ,of 
promoting social justice in all phases pf national deYEIopment and advancing the right 
people to a balanced and healthful eddogy, State hereby adopts the following policies 
in relation to the conservation and maAagement of forest and forest resources: 
, < '  
I '  
, . ~  
a. The State shall ensure equitable access'and sharing of rights to natural 
resources development, management, protection and utilization by providing 
opportunities to the people to participate actively in forest resource 
development; 
i 
b. The State recognizes the role of local government units (LGUs), people's 
organizations and the community in gen ral as effective partners of the 
government in the implementation and A a g e m e n t  of community-based 
forestry projects and other forest development projects. 
7 
I ,  , 
SEC 3. Objectives. This Act intends to encourage and empower the citizenry in 
sharing with the National Government and local government units (LGUs) the 
responsibility in the management an4 maintenance of ecological balance within their 
community. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21, 
22 
~ 
23 
24 
25 
26 
27 
28 
29 
30 ! 
31, 
32 
33 
34 
35 
Specifically, this Act aims to attain the following objectives: 
a) To enhance public awareness and participation on environmental restoration 
and protection; 
b) To encourage the participation of the public and private civil society in the 
reforestation program of the government; 
c) To generate incentives and additional sources of income and livelihood 
without impairing the ecological balance of our natural resources; 
d) To reduce poverty incidence in the uplands; 
e) To cover available lands possible, including but not limited to, the protection 
and production of forest lands and private lands; and 
f) To accelerate implementation of reforestation programs with minimal 
government assistance. 
SEC. 4. The Tree for Legacy Program. The Tree for Legacy program is a 
nationwide reforestation program to Le administered by local governments units h 
partnership with the Department of Environment and Natural Resources (DENR) and 
other concerned government agencies. The program shall encourage the participation of 
individuals, indigenous peoples', concerned citizens or groups (including, but not 
limited to, NGOs, private, civic, and religious organizations) by providing incentives, as 
well as rights and privileges to tree planters. 
1 
I 
SEC. 5. Areas Available for the Tree for Legacy Program. The Program shall 
cover private lands, protection forests, production forests, open lands, and other lands 
deemed appropriate by the DENR. 
. 
SEC. 6. Who May Avail of the Program. This Program is open to all, including 
but not limited to, individuals, :government employees, civic and religious 
organizations, indigenous peoples'; '5 
, cooperatives,': associations, youth, students, 
Philippine National Police (PNP) l a d  military griups who meet the desired 
,
#
 
, 
requirements. 
8 
Beneficiaries of existing DENR reforestation programs may also avail of this 
Program. 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
-24. 
25 
26 
27 
28 
29 
30 
31 ; 
32 
33 
34 
35 
! 
SEC. 7. Issuance of Agreements, Certqicates and Permits. To ensure and enable 
the proper implementation of the Program, the following contracts, certificates and 
permits shall be issued: 
a) Tree for Legacy Contract (TLC). The DENR Provincial Office shall, upon the 
recommendation of the municipal/city government concerned, issue Tree for 
Legacy Contracts (TLCs) over the lands applied for by virtue of this Act. 
For public lands, the TLC shall allocate the portion of land applied for to be 
covered by this Act. The TLC shall also enable the grantee to plant trees and 
utilize the covered land for agro-forestry purposes as contained in the Indicative 
Development and Environment Plan which shall form part of the TLC, embody 
the rights and obligations of the Fpplicants and the grantor and shall serve as the 
i 
basis for the issuance of the Certificate of Tree Ownership and Certificate of 
Usufruct. The TLC shall have a'lifespan of twenb five (25) years. 
; I  
i 
Certificate of Tree Ownership (kT0). The Cektificate of Tree Ownership (CTO) 
is issued to cover the trees planted by the grantee on titled lands, production 
forests and other non-protected j areas. The Cl'O shall signify the tree planters' 
ownership over the trees the$' planted and bnable the planters to cut and 
transport their forest products. 'The DENR Provincial Office and the Provincial 
Government shall jointly conddh complete in&ntory and thorough inspection to 
ensure compliance with the prescribed conditions prior to the issuance of the 
CTO. 
i 
! 
I 
'I 
Certificate of Usufruct (COU). The Certificate of Usufruct (COU) is issued to 
cover the trees planted by the grantee on protection forest plantation areas and 
other areas where cutting is prohibited as determined by DENR. The COU shall 
permit the tree planters to enjoy the fruits of their plantations. The DENR 
Provincial Office and the Provintial Government shall jointly conduct complete 
inventory and thorough inspectiqn to ensure compliance with the prescribed 
ktd 
l'lpl, 
conditions prior to the issuance of the COU. 
! 
,
.
 
i i '  i 
,
,
 
I .., 
Permit to Harvest. Those with Certificates of Usufruct (COU) shall immediately 
be given the permit to harvest the fruits and other by-products thereof Provided, 
i l  
, . I  


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
~ 3 1 ,  
32 
33 
34 
35 ~ 
That no cutting of trees that will be involved. The permit shall be issued by the 
local DENR office concerned,, upon the recommendation of the Provincial 
Government. 
. , 
i 
e) Permit to Cut and Transport. Those with Certificates of Tree Ownership (CTO) 
shall be given permit to cut and transport trees upon compliance with the 
conditions set forth by the DENR in the implementing rules and regulations. 
SEC. 8. Incentives and Privileges. To encourage participation in the Tree for 
Legacy Program, the following incentives and privileges are hereby granted 
a) All planted trees within private lands and forest lands shall belong to the owner 
or grantee who shall have the'right to harvest, sell and utilize such trees and 
crops, except those retained for environmental protection purposes or those 
identified by DENR as mother trees; 
b) All plantation products shall be exempted from payment of forest charges. 
However, the municipality/ciy government concerned may enact an ordinance 
imposing service charges which shall constitutela lien on the trees; and 
c) The TLC, CTO and COU are Wansmissible either by voluntary transfer or by 
testate or intestate succession. 
SEC. 9. Obligations ofthe Grantees, the Grantors, the DENR and the LGUs. The 
following obligations are hereby imposed for the effective and successful 
implementation of the Program: 
a) On the part of the Grantees. The grantees or beneficiaries of the Tree for Legacy 
Program shall: 
1) Prepare an Indicative Development and Environment Plan for the project; 
I 
I '  
2) To finance all the necessary cost in undertaking the tree planting activities; 
3) Assist in the delineation and survey of the area applied for under the Tree for 
Legacy contract; 


1 
2 
3 
4 
5 
6 
7 
8 
9 
2) Together with the respective LGUs, provide technical and marketing 
4) Abide by the standards and guidelines prescribed by DENR with respect to 
proper forest plantation management; and 
5) Report any violation of forest laws, ruIes and regulations. 
b) On the part of the Department of Environment and Natural Resources (DENR). 
The DENR, through its Provincial Offices shall: 
1) Assist the grantee in the preparation of the Indicative Development and 
Environment Plan as part of the TLC; 
10 
11 
12 
13 
14 
government; and 
15 
16 
17 
assistance to the holders of the CTO and COU; 
3) Issue permit to cut, harvest or transport timber or lumber subject to existing 
forestry laws, rules and regulations; 
4) Determine the trees to be harvested in coordination with the municipal/city 
5) Monitor the cutting and processing of trees including the transport of forest 
products in coordination with the concerned municipal /city government. 
' 
c) On the part of the Municipal/ City Government. The concerned municipal/city 
I 
18 
19 
government shall: 
20 
21 
22 
.23 .. .- 
24 
~ 
25 
26 
27 
the Punong Barangay shall: 
28 
29 
thereof; and 
3 Od 
1) Serve as custodian and registering officer of all documents relative to this 
program in coordination with the DENR local office; 
2) Assist in the identification of sites for tree planting; 
3) Establish seedling nursery; m d  
4) Monitor the implementation of the program in the municipality / city. 
..C..ii 
d) On the part of the Sangguniang Barangay. The Sangguniang Barangay, through 
8 .  
1) Validate the identity of participants and issue appropriate certification 
! 
2) Act as arbiter of all conflicts@ng 
relative,&$he 
1'1 program. 
31, 
I 
32 
~ 
33 
Provincial Government, shall: 
34 
e) On the part of the Grantor. The Grantor, together with the DENR and the 
1) Identify, evaluate, and survey and map out areas subject to the Program; 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
311 
32 
33 
34 
! 
2) Approve and issue the Tree for Legacy Agreement (TLC) for areas within the 
, ,  
private and public forest lands; 
3) Approve and issue CTO within private and public forestlands witlun the 
production forest plantations; 
4) Approve and issue COU within protection forest plantations; 
5) Provide technical and marketing assistance to the program beneficiaries; 
6) Establish a date-base system on all projects within its jurisdiction; and 
7) Monitor program implementation in the province. 
SEC 10. Rights ofthe Grantee. The grantee shall exercise the following rights: 
a) Sell, convey and transfer to any person or group of persons, associations, 
corporations, government agencies or entitles rights over the standing 
planted trees covered by the CTO; 
b) Gather and harvest fruits and other by-products thereof covered by COU; 
c) Transfer by will and testament or through intestate succession the trees 
! 
2 .  
covered by his/her CTO /COU; 
i 
d) Utilize the land for agroforestry to prevent, activities that may endanger the 
ecological conditions of the 'area (such as &res, and the use of the kaingin 
system)and promote other productive purposes (such as ecotourism and agri- 
tourism); 
! 
I1 
e) Utilize branches as a result of pruning and thinning and enjoy the right to cut 
trees destroyed by natural calamities or disease after inventory of such 
damaged trees has been jointly made by both the DENR and the Provincial 
Government; 
f) Harvest and utilize planted trees in production areas covered by CTO; and 
g) In case of private properties, if the grantee has already harvested the tree 
crops, the owner shall have the right to utilize his /her land for agricultural 
purposes. 
,
I
 
SEC 11. Assistance I by Godaikment Agencz!es., 
.ps.:<d To ensure the progressive 
development and success of the program, assistance to'the local government units shall 
be provided by the following agencies, but not limited to the: 
l , i  
. 
8
.
 
\ 
a) Department of Interior and Local Government (DILG); 
b) Department of Agriculture (DA); 
35 
c) Department of Education (DepEd); 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
3 11 
32 1 
, . . .  
33, 
34 
d) Commission on Higher Education (CIIED); 
e) Department of Trade and Industry (DTI); 
f) Philippine Coconut Authority (PHILCOA); 
g) Armed Forces of the Philippines (AFP); and 
h) Philippine National Police (PNP). 
1 
I 
The assistance shall either be in the form of financial, technical and marketing 
assistance, provision of seedlings, tools and equipment, and other services within the 
ambit of the agencies' respective fields of specialization. 
,
,
 
SEC 12. Designation and Obligations of Area Manager. To guarantee the 
successful implementation and <lose monitoring of the Program, a licensed Forester or 
Agroforester shall be appointed by the Provincial Governor as Area Manager of the 
Program in the province. 
a. 
b. 
C. 
d, 
e. 
The Area Manager shall have the following obligations: 
, . I ,  
I I '  
Ensure the proper inventory of trees; 
Facilitate the issuance of certificates and permits; 
Monitor the implementation of the Program within his area of responsibility; 
Establish a marketing mechanism that will link the planters to local and 
international market; and 
Perform other acts necessary or incidental thereto for the effective and 
successful implementation of 
. the Program. 
\ , I  
1 .  
i J  ', 
, .  
SEC 13. Implementing Rules and Regulations. The DENR, in coordination with 
the Department of Local and Interior Government (DILG) and the House Special 
Committee on Reforestation and the Senate's Commiktee on Environment and Natural 
Resources shall within six (6) months from the effectivity of this Act, promulgate the 
implementing rules and regulations begessary for thh.effective implementation of this 
Act. 
I .  
i I, 
' , .  , 
i
,
 
i 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
30 
3 1i 
32, 
33 
34 
35 
SEC 14. Report to Congress. The DENR shal! report to Congress at the end of 
every year following the approval of this Act, the progress of the program and 
recommend necessary actions for legislation. 
SEC 15. CongressionaZ Oversight. An oversight committee consisting of five (5) 
members each from both houses of Congress shall constitute a Joint Congressional 
Oversight Committee who shall conduct a review and assessment of the program with 
the aim of strengthening or improving program implementation. 
The Oversight Committee shall be composed of representatives from each House 
from their respective Committees on Environment and Natural Resources. 
SEC 16. Penalties. Failure of the grantee to comply with the terms and 
conditions stipulated in the TLC or violation of any of the pertinent forestry laws, rules 
and regulations shall constitute a ground for the suspension or cancellation of the rights 
and privileges under the Program or the reduction of granted areas, when applicable. 
I '  
I 
Failure of the grantor to comply'with the terms and conditions stipulated in the 
TLC or violation of any of the pertinent forestry laws, rules and regulations shall 
likewise make him liable for the penalties stated hereunder. 
$ 7  
f ,  
Any person, natural or juridical, found guilty of violating any provisions of this 
Act or the rules and regulations issued by the DENR shall, after due process and upon 
conviction, either be fined in the amount of not less than Ten Thousand Pesos (PhP 
10,000.00) but not more than One Hundred Thousand Pesos (PhP 100,000.00), or be 
sentenced to imprisonment of not less than one (1) month to six (6) months, or both, at 
the discretion of the Court: Provide&, That if the area requires rehabilitation or 
restoration as determined by the Court, the offend& shall be required to restore or 
compensate for the restoration of the 4;mage; Provided,&rtker, 
I,!. 
That if the offender is an 
organization, association or corporatio+ the president, or the manager and the officer 
who has direct knowledge of the offense shall be held liable under this Act. 
, ,  
I_ 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
SEC 17. Separability Clause. Should any provision of this Act be declared 
unconstitutional, the validity or legality of the other provisions that can stand 
independently shall not be affected thereby. 
SEC 18. Repealing Clause. All laws, presidential decrees, executive orders, rules 
and regulations or parts thereof which are inconsistent with the provisions of this Act 
are hereby repealed or modified accordingly. 
SEC 19. Effectivity. This Act shall take effect fifteen days after its complete 
publication in the Official Gazette or in two (2) newspapers of general circulation, 
whichever comes first. 
Approved,