Republic of the Philippines

HOUSE OF REPRESENTA’

Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5945

Introduced by Hon. Salvador B. Belaro Jr.

EXPLANATORY NOTE

The 1987 Constitution tasked Congress to, at the soonest time, “determine by law the
specific limits of forest lands and national parks, marking clearly their boundaries on the
ground.”

‘Thirty years have passed since the Constitution was ratified. The demarcation and
delineation of forest lands is most certainly long overdue.

Congress must fulfill this specific mandate now to arrest any further deterioration of
‘our country’s forest cover. The delineation of our forests is among the legislative priorities
identified in the Philippine Development Plan for 2017 to 2022.

‘The demarcation and delineation of forest lands will be tedious, time-consuming
work, but it must be done 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.

Dr ba

ATTY. SALVADOR B. BELARO, JR.

Representative
1-Ang Edukasyon Party List

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL No,_ 5945

——————

Introduced by: Hon. Salvador B. Belaro Jr.

TT

AN ACT
PROVIDING FOR THE DEMARCATION AND DELINEATION OF
FOREST LAND LIMITS, APPROPRIATING THE NECESSARY FUNDS
THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This act shall be known as the "Forest Lands
Limits Act of 2017",

Section 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,

Section 3. Definition of terms. As used in this Act, the following terms
shall be defined as follows:

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a “Adaptation” shall refer to the adjustment in natural or human
systems in response to actual or expected climate stimuli or their effects,
which moderates harm or exploits beneficial opportunities,

b. “Afforestation” shall refer to the Planning of trees or the artificial
establishment of forest in areas that were not previously forested.

c. “Agroforestry” shall refer to a Strategy for the sustainable
management of land which increases their overall productivity by
properly combining agricultural crops and/or livestock with forest crops
simultaneously or sequentially through the application of management
Practices which are compatible with the local climate, topography, slope,
soil, as well as the culture patterns or customary laws of the local
communities.

d. “Agricultural lands” shall refer to alienable and disposable (A&D)
lands of the public domain which have been delimited, classified and
declared as such, pursuant to the provisions of Commonwealth Act No.
141, as amended, otherwise known as the Public Land Act,

¢, “Ancestral domains” shall refer to all areas generally belonging to
indigenous cultural communities/indigenous peoples (ICCs/IPs)
comprising land, inland waters, coastal areas, and natural resources
therein, held under a claim of ownership, occupied or possessed by
ICCs/IPs, by themselves or through their ancestors, communally or
individually since time immemorial, continuously to the present except
when interrupted by war, force majeure or displacement by force, deceit,
stealth or as a consequence of government Project or any voluntary
dealings entered into by government and Private individuals/corporations,
and which are necessary to ensure their economic, social and cultural
welfare. It shall include ancestral lands, forests, pasture, residential,
agricultural and other lands individually owned whether alienable and
disposable or otherwise, hunting grounds, burial grounds, worship areas,
bodies of water, mineral and other natural resources, and land which may
no longer be exclusively occupied by ICCs/IPs but from which they
traditionally had access to for their subsistence and traditional activities,

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particularly the home ranges of ICCs/IPs who are still nomadic and/or
shifting cultivators.

f; “Ancestral lands” shall refer to lands occupied, possessed and
utilize by individuals, families and clans who are members of the
ICCs/IPs since time immemorial, by themsclves or through their
predecessors-in-interest, under claim of individual or traditional group
ownership continuously, to the present except when interrupted by war,
force majeure or displacement by force, deceit, stealth or as a
consequence by government project and other voluntary dealings entered
into by government and private individuals/corporations, including, but
not limited to, residential lots, rice terraces or paddies, private forest,
swidden farms and tree lots.

g- “Communal forest” shall refer to a tract of forestland set aside and
established for and under the protection, administration, and management
of a city, municipality, or barangay as a source of wood materials or fuel,
shelter, and manufactured products; as source of water for the
community; and as an area for ecotourism and/or environmental
protection or socio-economic projects of local government units (LGUs)
consistent with the policies and objectives of this Act and principles of
sustainable development.

h. “Comprehensive Land Use Plan” shall refer to a document
embodying a set of policies, accompanied by maps and similar
illustrations that serve as a policy guide for determining the future use of
lands and natural resources within the territorial jurisdiction of the LGUs.
It represents the community-desired pattern of population distribution and
proposes future allocation of land and resources to various activities. It
includes the processes and criteria employed in such determination of
allocation of land and resources.

i. “Conservation” shall refer to the planned protection and

management of forest, wildlife and other forest resources so as to prevent
waste and ensure future use.

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j. “Critical habitat” shall refer to a place or environment where
species or subspecies naturally occur or has naturally established its
population that are crucial to the survival of a species and essential for its
conservation.

k. “Critical watershed” shall refer to watersheds or forestlands that
have been identified and evaluated to provide critical and vital natural,
ecological, environmental and physical beneficial services such as water,
biodiversity, energy, irrigation, social and cultural, among others, to a
special area or community and whose biophysical condition demands
immediate rehabilitation, protection and management to prevent its
further denudation, deterioration and exploitation.

it “Degraded forests” shall refer to forest with varying degrees of
disturbance or loss of structure, function, species composition and
productivity of less than 60% forest cover.

m. “Delimitation” shall refer to the establishment of permanent
boundaries between forestlands, national parks/protected areas and
agricultural lands as a result of demarcation.

n. “Delineation” shall refer to the establishment of boundaries
between forestlands, national parks/protected areas and agricultural land
as a result of a conduct of site investigation, reconnaissance and field
verification in accordance with criteria set by the Department.

0.  “Demarcation” shall refer to the establishment of boundaries using
visible markers, monuments or known features/landmarks, among others,
as a result of the actual ground delineation,

p. “Denuded forestlands” shall refer to forestland that are devoid of
forest tree cover.

q. “Department” shall refer to the Department of Environment and
Natural Resources (DENR).

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f “Environment Critical Project” shall refer to the project or program
that has high potential for significant negative environmental impact.

s. “Forest” shall refer to an ecosystem or an assemblage of
ecosystems dominated by trees and other woody vegetation; a community
of plants and animals interacting with one another and its physical
environment. It shall consist of tress with overlapping crown of 60-100%
forest cover.

t. “Forest/Forest-Dependent Community” shall refer to a group of
people residing inside or immediately adjacent to a particular forestland
that are largely or partly dependent on the forest resources found therein
for their livelihood.

u. “Forest ranger” shall refer to any public officer who by the nature
of his appointment or the function of the position to which he is
appointed is authorized by law and regulations or commissioned by
competent authorities to execute, implement or enforce the provisions of
this Act and other related laws and regulations.

v.  “Forestland” shall refer to land of the public domain classified as
needed for forest purposes. They shall include all forest reserves, forest
reservation and all remaining unclassified lands of the public domain.

w. “Grazing land” shall refer to a portion of the public domain which
has been set aside, in view of its topography and vegetation, for the
raising of livestock.

x. “Indigenous and community conserved areas” or “ICCAs” shall
refer to the close association between a specific indigenous people or
focal community and a specific territory, area or body of natural resources
with effective local governance and conservation of nature.

y. “Indigenous Cultural Communities/Indigenous Peoples” or
“ICCs/IPs” shall refer to a group of people or homogenous societies
identified by self-ascription and ascription by others, who have
continuously lived as organized community on communally bounded and

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defined territory, and who have, under claims of ownership since time
immemorial, occupied, possessed and utilized such territories, sharing
common bonds of language, customs, traditions and other distinctive
cultural traits, or who have, through resistance to political, social and
cultural inroads of colonization, non-indigenous religions and cultures,
became historically differentiated from the majority of the Filipinos.
ICCS/IPs shall likewise include people who are regarded as indigenous on
account of their descent from the populations which inhabited the
country, at the time of conquest or colonization, or at the time of inroads
of non-indigenous and cultures, or the establishment of present state
boundaries, who retain some or all of their own social, economic, cultural
and institutions, but who may have been displaced from their traditional
domains or who may have resettled outside their ancestral domains.

z. “Industrial Tree Plantation” or “ITP” shall refer to any tract of land
planted mainly to timber production species, including rubber and/or non-
timber species primarily to supply the raw materials requirements of
forest-based industries, energy-generating plants, and related industries.

aa. “Kaingin” shall refer to a portion of the forestland, whether
occupied or not, which is subjected to shifting and/or permanent slash-
and-burn cultivation having little or no provision to prevent soil erosion.

bb. “Kaingin making” shall refer to a process employed to establish a
kaingin.

cc, “Key Biodiversity Areas” or “KBAs™ shall refer to places of
international importance for the conservation of biodiversity.

dd. “Local Conservation Areas” or “LCAs” shall refer to areas that are
not within protected areas pursuant to the NIPAS Act of 1992, but have
been set aside for conservation purposes through ordinances, with the
local government taking the lead in implementing conservation and
protection activities.

ee. “Master Plan for Forestry Development” shall refer to the twenty-
five (25) year strategic program of the Forestry Sector envisioned to

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guide its long-term development. This program includes: (a) policy and
institutional development; (b) restoration and rehabilitation; (c) watershed
and forestry development; (d) livelihood and poverty reduction; and (e)
timber/non-timber industry development.

ff. “National Park” shall refer to the land of public domain classified
as such in the 1987 Philippine Constitution which include all areas under
the National Integrated Protected Areas System (NIPAS) pursuant to RA
7586, primarily set aside and designated for the conservation of native
plants and animals, their associated habitats and cultural diversity.

gg. “Non-governmental organization” or “NGO” shall refer to a non-
stock, non-profit, and voluntary organization.

hh. “Permit” shall refer to a short-term privilege or authority granted
by the State to a person to utilize any limited forest resource or undertake
a limited activity within any forestland without any right of occupation,
possession, and ownership therein.

ii, “Person” shall refer to a natural or juridical person, including local
forest communities and indigenous peoples organized in accordance with
law or custom.

jj. “Plantation forestry” shall refer to the planting of one or two
species for the sole purpose of harvesting.

kk. “Primary forest” shall refer to forest which have never been subject
to human disturbance or has been so little affected by hunting, gathering
and tree cutting that its natural structure, function and dynamics have not
undergone any change that exceed the elastic capacity of the ecosystem.

Il. “Production forestland” shall refer to forestland defined under

Section 4 and Section 5 of this Act;

mm. “Protected areas” shall refer to identified portions of the land and

water set aside by reason of their unique physical and biological

significance, managed to enhance biological diversity and protected
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against destructive human exploitation. They shall constitute the areas
established under the National Integrated Protected Areas System
(NIPAS) pursuant to RA 7586 and shall fall under the National Park
classification of public domain.

nn. “Protection Forestlands” shall refer to the forestlands defined under
Section 5 of this Act;

00. “Reforestation” shall refer to all land use activities directed toward
restoration, establishment and sustained management using native species
of diversified vegetation on denuded, degraded and/or marginal lands,
including but not limited to the planting and tending of timber, orchard
and multi-use trees.

pp. “Reservation” shall refer to an area of the public domain reserved
by law for a specific purpose.

qq- “Restoration” shall refer to returning the forestland to its original
state in terms of species composition, structure, function and productivity.
tr. “Restoration zones” shall refer to the area where restoration
activities are conducted and where the original vegetation shall be
restored.

83. “Road” shall refer to bulldozed land which is accessible by at
least a two-wheel motorized vehicle.

tt, “Rotation” shall refer to the number of years between the initial
establishment of a plantation and the time when it is considered ready for
harvesting.

uu. “Secondary forest” shall refer to a former forest that was logged
over and is characterized by residuals.

vw. “Secretary” shall refer to the Secretary of the DENR.

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ww. “Subdivision” shall refer to a tract or parcel of land Partitioned into
individual lots, with or without improvements thereon, primarily for
residential purposes.

xx. “Sustainable development” shall refer 10 development that meets
the needs of the present without compromising the ability of the future
generations to meet their own needs.

yy. “Sustainable Ecosystem Management” or “SEM” shall refer to the
effective management of ecological systems in a manner which allows
resilience and maximum benefit to organisms with little or no damage
inflicted on ecosystems.

zz. “Sustainable forest management” or “SFM” shall refer to the
Process of managing a forest to achieve one or more clearly specified
object of management with regard to production of continuous flow of
desired forest product and services without undue reduction of its
inherent value and future productivity and without undesirable effects on
the physical and social environment.

aaa. “Tenure” shall refer to the guaranteed peaceful possession and use
specific forestland area and specific resources found therein, covered by
an agreement, contract, or grant which cannot be altered or abrogated
without due process.

bbb. “Timber License Agreement” or “TLA” shall refer to the privilege
granted by the State to a person to utilize forest resources within an area
with the right of possession and occupation thereof to the exclusion of
others except the government, but with the corresponding obligation to
develop, protect, rehabilitate the same in accordance with the terms and
conditions set forth in the said agreement.

ccc. “Timber plantation” shall refer to a tree stand established by
planting and/or seeding. The stand is either of introduced species (all
planted stands), or an intensively managed stand of any indigenous
species, which meets all the following criteria: one or two species at

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plantation, even-aged class, and regular spacing for the primary purpose
of harvesting timber or any of its by-products.

ddd. “Urban Forestry or Green Space” shall refer to the establishment or
setting-up of areas for mini-forest, eco-parks or small nature parks, in
both public and private lands; wetlands, man-made lagoons and lakes
systems, riverbanks and shores, grasslands, roof and rock gardens; lining
roads and highways with trees, shrubs, or omamental plants, and ground
landscaping of schools, hospitals, and other government agencies in order
to improve the environment in urban areas.

eee. “Watershed Continuum” shall refer to an area consisting of the
watershed and its divide including its connection from the headwaters to
the reef.

fff. “Watershed Reservation” shall refer to a forestland reservation
established to protect or improve the conditions of water yield thereof or
reduce sedimentation.

ggg. “Wildlife” shall refer 10 wild forms and varieties of flora and
fauna, in all developmental stages,

hhh. “Woodlot” shall refer to track or plot of land planted with fast
growing tree species basically for fuel wood Purposes. Woodlot is the
major component in Rotational Woodlot Agroforest System which aims
to satisfy house and regional fuel wood demand while reducing
harvesting pressure on local forest. Rotational Woodlot Agroforest
System includes the following components: (1) Establishment, which
includes tree and crop intercropping; (2) Fallow, which pertains to build
up of wood and soil fertility; and (3) Post-fallow, which pertains to wood
harvesting and sequential cropping.

Section 4. What Constitute Forestlands, - Permanent Forestlands are all

forestland currently classified as such, The following shall constitute forest
lands:

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(@) all lands of the public domain already classified as forest land as per
existing land classification maps issued by the DENR:

(b) 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,
Tules and regulations and which may hereafter be classified as forest land
by the DENR.

Section 5. Sub-Classification of the Permanent Forestlands. The
Permanent forestlands shall be sub-classified into the following categories
according to primary use:

1. Protection forestlands shall consist of all natural and restored forests
including areas identified as key biodiversity areas, critical habitats,
freshwater, swamps, and marshes, all areas along the bank of rivers and
Streams, and the shores of the seas and lakes throughout their entire
length and within a zone of three (3) meters in urban areas, twenty (20)

hunting shall be absolutely prohibited in protection forestlands; Provided,
That the provision of the IPRA shall be respected;

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management principles; Provided, further, That the department may
change the sub-classification of specific areas of production forestlands
into protection areas and recommend to Congress their establishment as
Part of the integrated protected areas systems in accordance with the
NIPAS Act, or as critical habitat under the Wildlife Resources
Conservation and Protection Act: Provided finally, That ancestral
domains located within Protection and production forests shall be
governed by customary laws;

3. Restoration Areas are areas to be designated in the forest management
plan as such. Designation of a restoration area is compulsory in all forest
management plans.

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

Cutting and mining shall be banned in the protection forest lands,

Section 6. Lands for Environmental Protection and Forestry Purposes.
The following lands are needed for environmental protection and forestry
Purposes and shall not therefore be classified as agricultural lands or for other
land use:

I. Isolated patches of forest, regardless of size of area, with rocky
terrain or which protect a spring for communal use;

2. All mangroves and swamplands including twenty-meter wide strips
thereof facing oceans, lakes and other bodies of water not yet classified as
alienable and disposable lands;

3. Ridge tops and Plateaus regardless of size found within or
Surrounded wholly or partially by forestlands where headwaters emanate;

4. Twenty-meter wide strips of land from the edge of the normal high
waterline of rivers and streams with channel of at least five (5) meters
wide which are not yet classified as alienable and disposable;

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5. Areas needed for other Purpose for public interest such as research
or experimental purposes and other; and

6. Areas considered environmentally critical because of their
vulnerability to damage from landslides, volcanic eruptions, and other
natural causes,

Section 7. 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;

(b) 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

(c) 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 passage of this Act.

Section 8. 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:

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(a) Secretary of the DENR as Chairperson;

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

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

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

(e) Secretary of the Department of Agrarian Reform (DAR) as Member;

(f) Chairperson of the Housing and Urban Development Coordinating
Council (HUDCC) as Member;

(g) Chief Executive Officer and Commissioner of the Housing and Land
Use Regulatory Board (HLURB) as Member;

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

(i) 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 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 Teports.

Section 9, 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.

Section 10. 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.

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Section 11. Recognition of the Rights of the Indigenous Cultural
Communities/Indigenous Peoples and Tenured Migrant Communities. -In the
ground delineation of the permanent forest lands limits, the occupation by
indigenous cultural communities/indigenous peoples and tenured migrant
communities shall be recognized and respected, consistent with tbe provisions
of Republic Act No. 7160 or the Local Government Code of 1991, the IPRA
Law, and Presidential Decree No. 705, as amended, or the Forestry Code of
1975.

Section 12. Accessibility of Records to the Public. - All records and information
pertaining to the specific forest lands limits delineated pursuant to this Act shall
be made available to the general public, including online internet access.

Section 13. 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 ofjustice (DO)) as Chairperson;

(b) Administrator of the Land Registration Authority (LRA) as Member;

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

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

(c) Representative from the Private sector as Member.

Section 14. 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 offorest lands pursuant to this Act;

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

(3) Compel production of books and documents and answers to
interrogatories; and

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(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 shal) 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.

A petition for review by certiorari and question of law may be filed by the
aggrieved party with the Supreme Court within thirty (30) days from receipt of
the order or decision of the Board.

Section 15. 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 forest lands for transmission to Congress,

Section 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,

Section 17. Appropriations. - The Secretary of the DENR shall include in
the Department's budget Program the implementation of this Act, the initial
funding of which shall be charged against the current year’s appropriations of
the Department and thereafter shall be included by the Department of Budget
and Management in the annual General Appropriations Act (GAA).

Funds for the implementation of the Provisions ofthis Act shall be
supplemented also by any available official development assistance (ODA) and
from joint projects between agencies of the Philippines and an assisting country.

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Local government units 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 limits within their respective territorial
jurisdictions.

Section 18. Separability Clause. - If any provision of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the
other provisions not affected thereby.

Section 19. 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 or modified accordingly.

Section 20. Effectivity. - This Act shall take effect fifteen (15) days after
its complete publication in the Official Gazette or in two (2) newspapers of
general circulation in the Philippines.

Approved

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