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

Fifteenth Congress
Second Regular Session

HOUSE BILE. NO._5 112.

Introduced by Hon. ANGELO B. PALMONES

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

EXPLANATORY NOTE

Forests and forest ecosystems are the life blood and support system of the environment. They
are the habitat of diverse plants and animals, regulate the flow of water thus reducing the
impacts of flash floods, protect the soil from erosion, protect communities from sirong wind
and tsunamis especially coastal communities, act as nurseries of marine organisins such as
fish, crustaceans and shells. Forests also mitigate the impacts of climate changes,

Forest products are the raw materials of processing industries providing employment to a
significant number of the population, A great number of these products find their way into the
export market thus eaming substantial foreign exchange for the country. Forests are also
sources of pharmaceuticals and medicines, a fast expanding industry.

Foresuy statistics indicate that the forest lands of the country cover more than 15 million
hectares. Since the early 1950s attempts have been made by the defunct Bureau of Forestry to
delineate the forest boundary by conducting land classification and mapping these areas.
Certainly the boundaties of the forest have changed and shifted because of both lawful and
unlawful occupaney of the forest. Many of the forestlands have been declared as alienable
and disposable and in fact indigenous peoples have claimed portions of the portions of the
forest lands as ancestral lands or domains under the Indigenous People’s Rights Act (RA No.
8371), It has also been alleged that about 5 million hectares of the forest land have been titled
as certificate of ancestral land titles or certificate of ancestral land domains.

These changes in the forest lands have made it difficult for government agencies mandated to
manage these lands. Delineating the limits of the forest lands would make the conservation
and protection of the forest and forest lands more rational and make sustainable forest
management easier to achieve. It is for these reesons that this bill must be enacted as soon as
possible

HST


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

Fifteenth Congress
Second Regular Session

nouse BIL. No, 5112

Introduced by the Hon. ANGELO B. PALMONES

ANACT
PROVIDING FOR THE DELINEATION OF THE SPECIFIC FOF
HE PUBLIC DOMAIN AND FOR OTHER PURPOSES

MITS OF

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

SECTION 1 Short T
Limits Act of 2011”,

-- This Act shall be known and cited as the “Final Forest

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, Section 4 of
Article XII of the 1987 constitution mandates Congress to determine by law the specific
limits of forestlands marking clearly their boundaries on the ground.

SECTION 3 Definition of Terms.-

a) Agricultural lands- refer to alienabie 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) Delimitation survey- refers to the establishment of land classification boundaries,
and the monumenting thereof following ground survey.

©) Delineation- the conduct of site investigation, field reconnaissance and
assessment, and staking of boundaries between forestlands, national parks and
agricultural lands verified in the field in accordance with the criteria set forth
under DENR DAO 2008-24

4d) Forestlands- all lands of the public domain already classified as forestland as per
existing land classification maps issued by the Department of Environment and
Natural Resources (DENR) including 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,

€) Protected Area- refers to identified portions of land and/or water set aside by
reason of their unique physical and biological significance, managed to enhance
biological diversity and protected against destructive human exploitation,



SECTION 4- What Constitutes the Forestlands- The following shall constitute the
forestlands, to wit: (a) all lands of the public domain already classified as forestland as per
existing land classification maps issued by the Department of Environment and Natural
Resources (DENR); (b) ail permanent forest <eserves proclaimed as such by the President or
declared by law; and (c) such areas within te unclassified lands of the public domain that
‘were assessed and delineated by the DENR in accordance with pertinent laws, rules and
regulations,

SECTION 5- Guidelines in Determining the Specific Limits of forestlands-The
following guidelines and procedures shall be followed in determining the specific limits of
forestlands in the country

a) The previously-established Land Classification survey lines per Province with
their respective techn descriptions (TDs) and maps shal! be the basic data and
information that will be used as reference material by the Regional Assessment
and Delineation Teams (RADT), the Regional Assessment and Delineation
Committee (RADC), and the National Assessment and Delineation Committee
created under DENR DAO No.2008-24 in undertaking the validation, assessment
‘and delineation process/activity:

b) All completed assessment and delineation reports for a given province which are
found to be in order by both the Regional and National Assessment and
Delineation Committees shall be endorsed to the National Review and Evaluation
Committee as created herein to be headed by the DENR Secretary for its final
approval.

©). The same process shall be followed for other provinces with on-going assessments
and delineation activities until such time that all the boundaries of forestlands 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 6- Creation of the National Review and Evaluation Committee- In
recognition of the Constitutional mandate as embodied in Section 4, Article XII thereof, and
in view of the urgent need to fast track the establishment of the permanent limits of the
forestlands of the country as it affects the national interest, a National Review and Evaluation
Committee is hereby created to process, evaluate and approve all completed assessment and
delincation reports referred to in the immediately preceding Section, 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 Comunittee shall be composed of the following:

a) Secretary of the Department of Environment and Natural Resources Chairman

b) Secretary/Director General of the National Economic and Development
Authority- Vice Chairman

©) Secretary of the Department of Interior and Local Government- Member

d) Secretary of the Department of Agriculture- Member

¢) Secretary of the Department of Ayrarian Reform- Member

Upon approval of the assessment and delineation reports as herein specified, the
Committee shall submit the same to Congress which shall thereafter 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 forestlands covered by the said report.


SECTION 7- Demarcation and Delimitation of Final Forestland Boundary-
Immediately after the final forest line has been determined following the guidelines
prescribed in Section 5 hereof, the DENR shail delimit and establish the permanent boundary
monuments on the ground,

SECTION 8- Permanency of the Specific Forest Limits- The permanent
forestlands established pursuant to this Act shall be conserved and may not be increased nor
diminished except by law. The DENR, in coordination with all agencies and branches of
government shall ensure that the forest cover and other resources therein shall be protected
and enhanced.

SECTION 9- Monitoring, uation, and Reporting System- To aitain the
objectives of this Act, a field monitoring, evaluation and reporting system shall be adopted by
the DENR Secretary to regularly keep track of the state of the country’s forestlands 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.

SECTION 10- Creation of an Adjudication Board to Resolve Controversies on
Land Conflicts/Adverse Claims - A Land Conflict Adjudication Board is hereby created to
resolve controversies arising from boundary conflicts and adverse claims as a result of the
delimitation of forestlands pursuant to this Act. The Board shall be composed of the
following

‘The Secretary of Justice as Chairman

Members:

a) Representative from the Integrated Bar of the Philippines (BP)
b) Administrator, Land Registration Authority (LRA)

©) Representative from a reputable College of Forestry

d) Representative from the private sector

The Board shall have the following powers and functions:

1, Adjudicate cases on land conflicts and adverse claims brought before it for
resolution;

2. Summon witness
reports;

3. Compel production of books and documents answers to interrogatories; and

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

administer oaths, take testimony and require submission of

SECTION 11- Implementing Rules and Regulations- Within three (3) months from
the effectivity of this Act, the DENR Secretary shall issue the corresponding Implementing
Rules and Regulations for the effective implementation of this Act.

SECTION 12- Appropriations- The Congress shall appropriate funds necessary to
delimit and establish the permanent boundary monuments on the ground as mandated in
Section 7 hereof.


SECTION 13- 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.

SECTION 14 Repealing Clause- All laws, decrees, letters of instruction, executive
orders, rules and regulations and other issuancss or parts thereof inconsistent with this Act
are hereby repealed or modified accordingly

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

Approved