SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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'13 
JUL 16 i' 5 :1 2 
SENATE 
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Introduced by Senator Antonio "Sonny" F, Trillanes IV 
EXPLANATORY NOTE 
The failure to protect the forest lands and forest resources from timber companies' 
obliteration has been leading to the denudation of our forests and the consequent 
suffering of the entire country caused by natural disasters. This scenario demonstrates a 
serious problem related to public goods. 
As a response to the problem of denuded forests, the total log ban has been advocated. 
However, a total log ban is clearly not an optimum nor an effective response because it 
does not provide sufficient incentives that are consistent with the preservation of forest 
resources. 
This bill proposes a system of p11vate land forestry, defining special agricultural lands 
and permanent a81·o-forestry zones, and vesting in private individuals the property rights 
to such lands. Private individuals exercising limited property rights over these lands 
under the supervision oflocal government units (LGUs) will constitute the more effective 
enforcers of practices that will contribute towards the renewal and preservation of our 
forest lands and resources. 
In view of the foregoing, passage of this bill is earnestly requested. 
A 
~Jr\~ 
"SO~ 
TRILLANES IV 
Senator 
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= 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
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'13 
JUL 16 ? 5 :1 2 
INSTITUTIONALIZING 
PRIVATE 
LAND 
FORESTRY 
TO 
ENHANCE 
REFORESTATION AND ENVIRONMENTAL PROTECTION AND PROVIDING 
INCENTIVES THEREOF, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled.' 
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SECTION 1. Short Title. - This Act shall be known as the "Private Land 
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Forestry and Incentive Act. " 
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SEC. 2 Declaration of Policy. - It is declared policy of the State to protect and 
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advance the right of the people to a balanced and healthful ecology through forest 
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conservation and reforestation. The State also recognizes the indispensable role of the 
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private sector in reforestation 
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SEC. 3. 
Coverage. 
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This 
Act 
shall 
cover 
social 
forestry 
areas, 
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alienable/disposable land, and privately owned lands engaged in agro-forestry activities. 
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SEC. 4. Special Agricultural Lands and Permanent Agro-Forestry Zones. - All 
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land areas covered by the integrated social forestry program of the Department of 
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Enviromnent and Natural Resources (DENR) pursuant to Letter of Instruction No. 1260 
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and such other areas as may be determined by the DENR are hereby classified as special 
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agricultural lands. declared as "Permanent Agro-Forestry Zones" and shall be available 
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lor land ownership or title by qualified beneficiaries. As special agricultural lands such 
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areas shall continue to be farmed with at least twenty percent (20%) ofthe land planted to 
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the trees or reforestation species and with environmental protection measures. 
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SEC. 5. Applicatioll. - (I) All individuals qualified to be beneficiaries of the 
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integrated social forestry program of the DENR as provided in Administrative Order No. 
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4 dated February 27, 1991 are hereby declared qualified to apply for the titling of a 
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forestland of not exceeding seven (7) hectares of Permanent Agro-Forestry Zone. 
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(2) All individual forestland occupants awarded with certificates of stewardship 
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contracts under the integrated social forestry program of DENR as of the effectivity of 
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this Act are hereby qualified to apply for the corresponding land titles. 
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It is hereby provided that the qualifications to be beneficiaries 0 f the integrated 
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social forestry program of government are as follows: Must be of legal age; Must be a 
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citizen of the Philippines; Must be actual tillers or cultivators of the land to be allocated; 
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and Must be living within the project area or adjacent barangay/sitio. 
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SEC. 6. Conditions for the Grant - The grant of certificates of land ownership or 
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titles to qualified beneficiaries under this Act shall be subject to the following conditions: 
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(a) At least twenty percent (20%) of the social forestry area awarded to the 
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occupant shall be devoted to tree farming of suitable species to contribute to the 
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reforestation efforts of the government; 
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(b) Trees and other vegetation along the banks of rivers and streams, bordering or 
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passing through the allocated areas, shall be protected and preserved; Provided, 
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that 
if the 
channel is at least 
five (5) meters wide, the protected strip, 
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perpendicular to the edge of the nonnal high waterline, shall be twenty (20) 
meters. In case of rivers or waterways less than five meters in width, the strip 
shall be ten meters on each side. 
(c) The allocated land shall be developed, consistent with scientific and 
environmental protection practices, into productive farms which are economically 
viable and enable the occupant and his family to be self-reliant; and 
(d) Regardless of transfer of ownership, the area shall not be converted to uses 
other than agro-forestry except as determined by scientific/technical studies and 
expressly allowed by law. 
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SEC. 7. Jurisdiction over Agro-Forestry Zones. - Consistent with Section 17 of 
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Republic Act No. 7160 or the Local Government Code, the local governments shall have 
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primary jurisdiction over agro-forestry zones for purposes of the implementation aJld 
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enforcement of the provisions ofthis Act. 
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SEC. 8. Transferability of Ownership. - Social forestry areas acquired by 
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beneficiaries under this Act may not be so ld, transferred or conveyed except through 
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hereditary succession or to other qualified beneficiaries for a period of five (5) years from 
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date of issuance of the original certificate ofland ownership or title. 
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SEC. 9. Private Forestry Areas. - The following shall be considered as private 
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forestry areas: (a) agricultural or alienable/disposable lands at least twenty percent (20%) 
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of which area is devoted to tree farming of reforestation species; (b) private lands 
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converted to farms at least twenty percent (20%) of which area is planted to reforestation 
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species; and (c) social forestry or agro-forestry zone areas covered by this Act. 
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c. 
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SEC. 10. Incentives. - The following incentives are given to owners and 
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cultivators/devclopers of private forestty areas: 
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(a) 
Exemption from payment of all taxes and agricultural forest charges 
including tm~ffs or import duties on agricultural forestry equipment, 
machinery and farm processing and other inputs, except net income tax; 
(b) 
Permission to sell, trade, dispose or export agro-forestry produce even in 
raw form; 
(c) 
Permission to sell or dispose of the land area and assets thereof in 
secondary markets subject to the restriction in Section 8 of this Act; 
(d) 
Government guarantee of up to ninety percent (90%) ofthe amount loaned 
from local or foreign sources for private forestry operations; Provided, 
however. that the property and assets therein are mortgaged to the 
government as collateral; 
( e) 
Preferential technical and administrative assistance from government 
agencies. 
SEC. 11. Disposal of Foreclosed Private Forestry Areas. - All private forestry 
areas or lands foreclosed or acquired by the government through default of loans or 
violation oflaw shall, within one (I) year after their titles are transferred in favor of the 
government, to be disposed to qualified persons or entities. 
SEC. 12. Ecollomies of Scale. - Individual owners of private forestry areas may 
torm federations for purposes of economies of scale of operations; Provided, however, 
that individual land ownership or title is preserved, and that 20% of the total land area, 
thus pooled, is devoted to tree farming of reforestation species and the remaining areas 
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subjected to adequate environmental protection. 
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SEC. 13. Pellal Provisiolls. - Social forestry areas which have not adequately 
accomplished agro-forestry activities after five (5) years of ownership shall be forfeited 
in favor of the government. Other violations of forestry, land and environment and other 
laws shall be punished accordingly with respect to such codes or laws. 
SEC. 14. Implemelltillg Guidelilles. - The Department of Interior and Local 
Government (DILG), in consultation with the Department of Environment and Natural 
Resources, Agriculture and Agrarian Reform, the Land Bank and other agencies 
concerned shall formulate the necessary implementing rules and regulations within ninety 
(90) days after effectivity of this Act; Provided, that such regulations include the creation 
of inter-agency Oversight Committee at the appropriate field levels. 
SEC. 15. Separability Clause. - If any section or provision of this Act shall be 
declared unconstitutional or invalid, the other sections or provisions not affected thereby 
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shall remain in full force and effect. 
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SEC. 16. Repealillg Clause. - All laws, decrees, orders, rules and regulations and 
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other issuances inconsistent with the provisions of this Act are deemed modified, revoked 
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or repealed accordingly. 
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SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after its 
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publication in the Official Gazette or in at least two (2) national newspapers of general 
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circulation whichever comes earlier. 
Approved, 
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