Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
2 Regular Session

House Bill No:__ 7804

Introduced by Representatives PAOLO Z. DUTERTE and ERIC GO YAP

EXPLANATORY NOTE

The Philippines is known for its rich biodiversity of tropical agroforestry which have
yet to be completely discovered. Most of which have been left untouched for generations,
protected by its local stewards and by organizations that emerged with the common goal of
further preserving the country’s most treasured forests. Although there are individuals and
organizations who are committed to preserving the country’s vast biodiversity, particularly
its Heritage Trees, it is only in legislation that we will truly be able to protect such.

The case of the 300-year-old Philippine Rosewood tree (Petersianthus quarialatus) or
locally known as the 30-year-old Toog tree in the Municipality of San Francisco, Province of
Agusan del Sur is on the verge of being cut down. This must not be taken lightly, more so
permitted. A Third-Party Scientific Assessment (TPSA) by the Society of Filipino Foresters,
Inc. (SFFI) as permitted by the Department of Natural and Environmental Resources
(DENR) and the Local Government Unit (LGU) of San Francisco found very strong
indicators that the tree is indeed healthy and their research sufficiently manifests that the
Heritage Tree should be preserved and responsibly maintained.

Thousands of Heritage Trees other than the aforementioned case need to be tended
to, as there have been a lot of cases wherein for self-serving purposes, Heritage Trees are cut
down. The lack of protection of Heritage Trees puts at risk the country’s biodiversity,
ecological preservation, and cultural heritage, among other things. It is in these most
important times when resounding appeals for Climate Change, Environmental or Ecological
Protection and Preservation, and Cultural Heritage policies are slowly and finally being put
forward that we must see to it that this legislation transpires.

In view of the fmegoing, approval of this bill is earnestly sought.
ve

PAO} DUTERTE =a ERIC GO YAP


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
2n4 Regular Session

House Bill No:__7804

Introduced by Representatives PAOLO Z. DUTERTE and ERIC GO YAP

AN ACT PROVIDING FOR THE SUSTAINABLE MANAGEMENT OF
HERITAGE TREES AND FOR OTHER PURPOSES

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

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the “Heritage Tree Act of
2020”.

SEC. 2. Declaration of Policy. - The State recognizes the importance of
Heritage Trees consistent with Article II, Section 16 of the Philippine Constitution of
1987 that provides that “The State recognizes the importance of protecting and
advancing the right of the people to a balanced and healthful ecology in accord with
the rhythm and harmony of nature” in view of the following:

(a) Community and social value. Heritage trees increase the quality of life by
bringing closer natural elements and wildlife habitats into urban settings
allowing quality outdoor activities with family, friends, and communities.

(b) Ecological and environmental value. Heritage trees, majestic as they are,
significantly contribute to their immediate environment by providing
oxygen, improving air quality, climate amelioration, conserving water,
preserving soil, and supporting wildlife thereby promoting climate change
mitigation.

(©) Cultural and spiritual value. Heritage trees are often where community
ideas, customs, belief, and social behavior are deeply rooted.

(d) Ecotourism and economic value. Heritage trees have the intrinsic value of
attracting local tourism and creating complementing enterprises thereby
adding economic value to nourishing and protecting them especially to
government instrumentalities administering them.

SEC. 3. Objectives - This Act shall govern:


(a) The identification, assessment, and declaration of Heritage Trees using
scientific standards and criteria by Registered Professional Foresters
consistent with Republic Act No. 10690 otherwise known as “The Forestry
Profession Act;

(b) Declaration of Heritage Trees by the department of Environment and
Natural Resources based on the identification and assessment conducted;

(0) The development, management, and protection of Heritage Trees and
vicinities; and

(d) The roles and responsibilities of the concerned LGUs, accredited
integrated professional organizations, non-government organizations, the
community concerned and the national government.

SECTION 4. Definition of Terms. - As used in this Act:

(a) Accredited Integrated Professional Organization (AIPO) - refers to the
organization integrating all associations, federations, and groups of
licensed foresters that have been accredited by the Profession Regulatory
Board for Foresters to be created hereunder, subject to the approval of the
Professional Regulation Commission (PRC) created under Republic Act
No. 8981, known as the “PRC Modernization Act of 2000”, as amended.

(b) Candidate tree - refers to a Tree that satisfies the basic appearance of a
Heritage Tree officially nominated by a person or group to a Local
Government Unit or the - DENR.

(©) Climate Change Mitigation - refers to human intervention to reduce
anthropogenic emissions by sources and removals by sinks of all
greenhouse gases including ozone depleting by substances and their
substitutes.

(d) Critical vicinity - refers to the minimum area that Heritage Trees require
to maintain existence and optimum functionality.

(e) Ecosystem - refers to a community of living organisms interacting with
each other and with its environment.

(8 Ecotourism - refers to a form of sustainable tourism within a natural
and/or cultural heritage area where community participation, protection
and management of natural resources, culture, and indigenous knowledge
and practices, environmental education and ethics, as well as economic
benefits are fostered and pursued for the enrichment of host community
and satisfaction of visitors.

(g) Forest - refers to an ecosystem or an assemblage of ecosystems dominated
by trees and other natural vegetation; a community of plants and animals
interacting with one another and its natural environment.

(h) Forest land - refers to the land of the public domain classified as needed
for forest purposes, including both production and protection. They shall
include all forest reserves of the public domain.

(i) Forestry - refers to the art science, practice, and business of sustainable
management of forest and forestland resources for the production of
goods and services and the enhancement of benefits and values of such
resources to provide the needs of present and future generations.


() Heritage Tree - refers to any healthy native or endemic, exotic, rare,
threatened and endangered tree with a minimum girth of five (5) meter
(measure at one-half meter above the ground) with consideration to the
scientific, rarity, historical, cultural, social, educational, and aesthetic
significance of the tree.

(k) Registered Professional Forester - refers to a natural person who holds a
valid certificate of registration and a valid professional identification card
issued by the Commission (PRC) pursuant to this Act.

(I) Sustainable Forest Management - refers to the process of the watershed-
based management of forest land and resources to achieve one or more
clearly specified objectives of management with regard to production of
continuous flow of desired forest products and ecosystem services
without undue reduction of its inherent values, biodiversity and future
productivity and without undesirable effects on the physical social
environment.

SEC. 5. Scope and Coverage. - The provisions and principles of this Act shall
apply to all Heritage Trees found within alienable and disposable (A&D) and forest
lands, to all protected areas established under the National Integrated Protected
Areas System (NIPAS) under Republic Act No. 7586, as amended that are not yet
legislated as national park: Provided, that the rights shall be respected, as provided
for in the Republic Act No. 8371 or the “Indigenous Peoples’ Rights Act of 1997”,
and Provided further, that all forest lands under the management or administration
of local government units and other government agencies or instrumentalities shall
be managed in accordance with their duly legislated charters and the principles and
provisions of this Act.

ARTICLE II
IDENTIFICATION, ASSESSMENT, AND DECLARATION OF HERITAGE
TREES

SEC. 6. Nomination of Candidate Heritage Trees. - All Filipino citizens many
nominate a candidate Heritage Tree to the concerned local government units for
proper documentation with the following information: local name, location,
description, rarity, diameter-at-breast height (DBH), photo documentation, and Tree
“administrator” among others. Said LGU will then request the Department of
Environment and Natural Resources or Forest Management Bureau (FMB) for
assessment.

SEC. 7. Conduct of Initial Tree Assessment. - The DENR or FMB shall form a
team to conduct assessment candidate Heritage Trees in collaboration with the
concerned LGU/s, government instrumentality, and other interest groups. The
Initial Tree Assessment shall be based on the standard criteria such as location,
rarity, diameter-at-breast-height, biophysical attributes, pathology, and historical
accounts of candidate Trees.


SEC. 8. Third-Party Scientific Assessment (TPSA). - The DENR or FMB, after
its Initial Tree Assessment, shall collaborate with the concerned Accredited
Integrated Professional Organization (AIPO) on the conduct TPSA. The AIPO shall
then form a composite Team to handle the TPSA that shall evaluate the overall
feasibility and viability of the candidate Tree using the acceptable standard agreed
with the DENR or FMB. The corresponding TPSA report shall be finalized and
endorsed by the AIPO to the DENR or FMB after having validated the findings and
observations with the concerned LGU, the community and/or other interest groups.

SEC. 9. Declaration of Heritage Trees. - Consistent with the initial assessment
and the TPSA Reports, the DENR or FMB shall officially declare the candidate tree
as a Heritage Tree through a certificate duly signed by the DENR Secretary or his
duly designated representative.

SEC. 10. Marking and Protection of Heritage Trees. - Consistent with the
declaration of the DENR and FMB of the Heritage Tree, the concerned City or
Municipal Government Unit shall endeavor the official marking of the Heritage Tree
following the prescribed format including the appropriate logos and information.
Lighting arresters shall also be installed appropriately and sufficiently to protect the
Heritage Tree.

ARTICLE IIT
ADMINISTRATION, DEVELOPMENT, AND MANAGEMENT OF HERITAGE
TREES AND CRITICAL VICINITIES

SEC. 11. Heritage Trees Register. - Once declared, Heritage Trees will be
entered into the Heritage Trees Register which is a detailed compilation of Heritage
Trees, to raise environmental awareness and recognizing efforts. Said Register shall
be developed and maintained by the FMB.

SEC. 12. Administration of Heritage Trees and Host Areas. - The LGUs and
other government instrumentalities whose areas of jurisdiction encompass Heritage
Trees shall have the inherent responsibility of protecting them including their critical
vicinities.

Private groups commissioned by any government agency to operate within
areas with declared Heritage Trees shall assume the responsibility of protecting
them. Minimum responsibility shall include the sanitation, protection, and ensuring
that said Trees are free from unauthorized use or occupation of the “critical
vicinity”.

The DENR or FMB shall be the primary government agency responsible for
the proper administration, development, and management of Heritage Trees as
defined in this Act. It shall have the authority to enter into management agreements
or issue tenure instruments on behalf of the Government, promulgate rules and
regulations for the effective enforcement of this Act, and administratively adjudicate


offenses provided for in this Act in order to facilitate the speedy resolution of
forestry-related cases.

SEC. 13. Adoption of Heritage Trees. - Any individual or organization with
sufficient capability of nurturing and protecting Heritage Trees may do so through
application with the FMB. The adopting individual or organization shall clearly
indicate, in details, the acts and measures they intend to employ in the “fostering”
process that will be annexed in a memorandum of agreement (MOA) to be entered
by parties namely the Foster Individual/Organization, the DENR-FMB, and the
LGU concerned. Any commerce relating to the adopted Heritage Tree may be
allowed provided that the sufficient government duties are fulfilled by the fostering
individual or organization.

SEC. 14. Qualified Foster Individuals or Organizations. - Foster individual/
or Foster Organization/s must possess the minimum technical knowledge as
determined only by a Registered Professional Forester consistent with Republic Act
No. 10690 or the Forestry Profession Act through a certificate duly acknowledged by
the FMB.

SEC. 15. Development and Management through Ecotourism. - Any Heritage
Tree developed and managed via an ecotourism venture by a Foster Individual
and/or Organization shall have the responsibility of contributing at least 5% of the
gross income to the Heritage Tree Trust Fund as provided under Section 17.

SEC. 16. Expropriation. - As may be recommended during the TPSA, and
endorsed by the DENR or FMB, an area covering a Heritage Tree may be
expropriation shall be supported by an LGU ordinance declaring the area as
Heritage Tree Site and prescribing productive developments promoting ecological
awareness and tourism.

SEC. 17. Disposition. - Heritage trees, with the reputation and recognition
they have, deserve to be disposed in accordance to the guidelines to be prepared by
the FMB and issued by the DENR. As much as possible, a portion of the Heritage
Tree shall be carved into a memoire approved by the LGU or Forester
individual /organization and displayed in a museum for proper remembrance.

ARTICLE IV
SUPPORT MECHANISMS

SEC. 18. Heritage Tree Trust Fund (HTTP). - The National Government shall
allocate the initial amount of Fifty million pesos (PhP50,000,000) to support the
assessment, declaration, protections, and development of Heritage Trees. Said Fund
may be augmented through grants, donations, aids, endowments, payment for
ecosystem services, and any other contributions received from any individual or
organization on a voluntary basis.


SEC. 19. HTTF Administration. - The Fund shall be administered by a
government financial institution as a trust account managed with utmost prudence
thereby ensuring the perpetuity of the Fund, The FMB shall include in the
implementing rules and regulations of this Act the guidelines for the management,
development, and operations of the HTTF, in collaboration with the concerned
professional organization/AIPO, and concerned stakeholders. No amount of the
HTTF shall be disbursed to cover and necessary expenses of the FMB and other
concerned agencies.

SEC. 20. Research, Education, Training, and Extension. - Any Heritage Tree
may be a subject of any research activity provided that activities related to it will not
compromise its vitality and functionality. Provided, that copies of any research
proceedings are furnished to the FMB, concerned LGU, and the Forestry
Development Center (FDC) of the University of the Philippines Los Bafios for their
information and reference.

SEC. 21. Protection from Future Developments. - Heritage Trees provide
Filipinos with a sense of rootedness and sustainability amidst rapid redevelopment
hence are important landmarks — historically, culturally, and ecologically, therefore
should be protected from any future developments detrimental to its existence,
vitality, and functionality. No road construction nor public utility project shall be
allowed when it compromises the existence of any Heritage Tree.

ARTICLE V
ORGANIZATIONS AND GOVERNANCE

SEC. 22. Local Government Units. - Consistent with Section 12 of this Act,
concerned LGUs shall develop the required enabling mechanisms to enhance the
historical, ecological, and/or cultural value of Heritage Trees. This may likewise be
linked to their environmental, cultural, and tourism plan anchored on their
Comprehensive Land-Use Plans and Comprehensive Development Plans.

SEC. 23. Other Government Instrumentalities. - Similar to LGUs, other
government instrumentalities, such as government owned and controlled
corporation, after having vested with the authority and responsibility, shall ensure
that mechanisms that will enhance the historical, ecological, and/or cultural value of
Heritage Trees are developed. Under Section 2(10) of the Introductory Provisions of
the Administrative Code of 1987, a government “instrumentality” shall refer to any
agency of the National Government, not integrated within the department
framework, vested with special functions or jurisdiction by law; endowed with
some, if not all corporate powers, administering special funds, and enjoying
operational autonomy, usually through a charter.

SEC. 24. Community Participation in Heritage Tree and Site Management. -
In the formulation of development plans pertaining to the management of Heritage
Trees and vicinities, the concerned LGU or government instrumentality shall ensure


that the immediate community and interest groups are encouraged to participate in
the planning process.

ARTICLE VI
OFFENSES AND PENALTIES

SEC. 25. Unlawful Occupation of Heritage Tree Sites. - Except for LGU-
approved development that is part of the overall Comprehensive Development Plan,
any person who, without the authority from the concerned LGU or authorized
government instrumentality, occupies any parcel of the Heritage Tree site, shall face
forced eviction from the area being occupied, and imprisonment of six (6) years and
one (1) day to twelve (12) years.

SEC. 26. Destruction of Heritage Trees. - Any person who shall destroy or
cause destruction of a Heritage Tree, aids, or abets another person to do so, shall be
punished with a fine of not less than Ten million pesos (PhP10,000,000.00) and
imprisonment of at least twelve (12) years.

SEC. 27. Vandalizing Heritage Trees. - Because the destruction of Heritage
Trees poses a threat to society, any person who shall vandalize them shall be
ordered to pay for the treatment and related expenses, fined with One hundred
thousand pesos (PhP100,000.00), and/or penalized with imprisonment of not less
than six (6) months.

SEC. 28. Prohibition on the Issuance of Land Titles or Tax Declarations on
Heritage Tree Sites. - All land titles and tax declaration issued over Heritage Trees
sites shall be deemed void ab initio. Any person who shall issue land titles and tax
declarations over any Heritage Tree site or a parcel thereof shall be punished with
imprisonment of (12) years and fine of not less than One million pesos (P 1,000,000).
The accessory penalty of disqualification shall be imposed for a period of twelve
(12) years and one (1) day.

SEC. 29. Non-Payment nor Non-Remittance of Fees and Charges. - Any
person who fails to pay the amount due and payable as fees or charges pertaining to
the use of any portion of a Heritage Tree site to the government or remit the same to
the proper authorities within the prescribed period shall be fined with Five hundred
thousand pesos (PhP500,000), and/or penalized with imprisonment of at least six (6)
years.

SEC. 30. Non-Establishment of Heritage Tree Sites. - Every local government
unit shall establish and maintain Heritage Tree Sites pursuant to their
Comprehensive Land Use and Development plans. Funds for the establishment and
maintenance of the same shall form part of the LGUs annual budget. Any local
government unit or government unit or government instrumentality who fails to
establish and protect Heritage Trees as provided in the preceding paragraphs shall
be penalized with a fine of not less than Ten million pesos (PhP10,000,000.00).


ARTICLE VII
ADMINISTRATIVE PROVISIONS

SEC. 31. Administrative Authority of the concerned LGUs to Impose Fines ~
In all cases of violations of this Act and related laws, rules, and regulations where
fine is the principal penalty, the Local Chief Executive concerned, after having been
authorized by the concerned Legislative Body, is hereby authorized to impose
administratively the penalty consisting of the amount and the schedules of the fine
which shall be officially published in a national newspaper of general circulation.

SEC. 32. Fines Escalation Clause. - The fines herein prescribed shall be
increased by at least ten percent (10%) every five (5) years to compensate for
inflation and to maintain the deterrent function of such fines.

SEC. 33. Suits and Strategic Legal Action Against Public Participation and
the Enforcement of this Act. - Where a suit is brought against any official or
employee of the Government who filed an action as provided in this Act, or against
any official or employee of the Government that implements this Act, it shall be the
duty of the investigating prosecutor or the court, as the case may be, to immediately
make a determination not exceeding thirty (30) days whether said legal action has
been filed to harass, vex, exert undue pressure or the court, as the case may be, shall
dismiss the complaint. In addition, the court shall award the attorney’s fees and
double the amount of damages. This provision shall also apply and benefit public
officer who are sued for acts committed in their official capacity, there being no
grave abuse of authority, and done in the course of enforcing this Act.

The Rules of Procedure for Environmental Cases shall govern the procedure
in civil, criminal, and civil actions involving the enforcement or violations of this
Code including actions treated as a SLAPP as provided in this section.

SEC. 34. Citizen's Suit. - For the purposes of enforcing the provisions of this
Act or its implementing rules and regulations, any Filipino citizen may file an
appropriate civil, criminal or administrative action in the proper court/body against:
(a) Any person who violates or fails to comply with the provisions of this Act or its
implementing rules and regulations; (b) The LGU or other government
instrumentality mandated to implement and enforce the provisions of this Act with
respect to orders, rules and regulations issued inconsistent with this Act; and ()Any
public officer who willfully or grossly neglects the performance of an act specifically
enjoined as a duty by this Act or its implementing rules and regulations; or abuses
his authority in the performance of his duty; or, in any manner improperly performs
his duties under this Act or its implementing rules and regulations: Provided,
however, That, no suit can be filed until after a thirty (30)-day notice has been given
to the public officer and the alleged violator concerned and no appropriate action
has been taken thereon. The court shall exempt such action from the payment of
filing fees, upon prima facie showing of the non-enforcement or violations
complained of and exempt the plaintiff from the filing of an injunction bond for the
issuance of preliminary injunction.


In the event that the citizen should prevail, the court shall award reasonable
attorney's fees, moral damages and litigation costs as appropriate.

SEC. 35. Implementing Rules and Regulations. - The DENR or FMB, in
consultation with other the League of Municipal and Provincial Governments,
concerned government instrumentalities, concerned AIPO, charged with the
administration and enforcement of this Act shall promulgate the necessary
implementing rules and regulations within one (1) year from effectivity of this Act.

SEC. 36. Appropriations. - The mount necessary to fully implement the
provisions of this Act shall be included in the annual General Appropriations Act.
For local government units, the funding requirements shall be taken from their
internal revenue allotment (IRA) and other sources of income derived from the
shares from the different modes of agreement.

SEC. 37. Separability Clause. - The provisions of this Act are hereby declared
to be separable, and in the event one or more of such provisions are held
unconstitutional, the validity of the other provisions shall not be affected thereby.

SEC. 38. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations, issuances or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 39. Effectivity. - This Act shall take effect fifteen (15) days from the date

of its publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,