Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

98

HOUSE BILL Ni

Introduced by REPRESENTATIVE MARIA LOURDES ACOSTA-ALBA

EXPLANATORY NOTE

One of the key legislative agenda of the Duterte administration under the Climate Change
and Mitigation Cluster is the delineation of Specific Forest Limits. The same is also included in
the Philippine Development Plan 2011-2016 under the past administration. This policy direction
intends to pursue the action plan by identifying and providing the specific boundaries limits of
forestlands per province, and delineate areas in which no other land use may prevail

This proponent is therefore re-filing House Bill No. 7496, in consolidation with her original
bill, House Bill No. 142, and two (2) other similar House Bills of the same subject during the 17"
Congress, House Bills Nos. 3486 and 5945, as per Committee Report No. 707 of the House
Committees on Natural Resources and Appropriations.

This measure puts flesh to the Constitutional mandate of ascertaining the specific
boundaries of forest and protected areas, with the objective of conserving and protecting these areas
from further degradation. This measure also proposes to establish a National Review and Evaluation
Committee to conduct competent review, assessment, and validation of existing boundaries of
forest lands, and shall recommend to Congress such boundaries.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

ae ACOSTA-ALBA

First District, Bukidnon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS:
First Regular Session
98
HOUSE BILL NO.

Introduced by REP. MARIA LOURDES O. ACOSTA-ALBA

AN ACT
PROVIDING FOR THE DELINEATION OF THE SPECIFIC FOREST LIMITS
OF THE PUBLIC DOMAIN 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 "Forestland Limits Act'.

SEC. 2. Declaration of Policy - Itis the policy of the State to conserve, protect and develop
the forest resources of the country in order to attain ecological balance, preserve valuable 4
ecosystems, prevent environmental degradation and promote sustainable development for
the 5 present and future generations. To achieve these ends, Section 4 of Article XII of the
Constitution 6 mandates Congress to determine by law the specific limits of forestlands and
national parks marking clearly their boundaries on the ground.

SEC. 3. Definition of Terms - As used in this Act:

(a) Agricultural lands refer to alienable and 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 refers to the establishment of permanent boundary monuments of
forestland through land survey in accordance with existing standards and practices;

(0) Delineation refers to 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 Department of
Environment and Natural Resources Administrative Order No. 2008-24;


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(d) Forest refers to a land with an area of more than 0.5 hectare and tree crown cover
or equivalent stocking level of more than ten percent (10%) with trees at a minimum height
of five (5) meters at maturity, in situ. It consists either of closed forest formations, where trees
of various stories and undergrowth cover a high proportion of the ground or more than forty
percent (40%), or open formations with a continuous vegetation cover in which tree crown
cover exceeds ten percent (10%) but less than forty percent (40%). Young natural stands and
all plantations established for forest purposes, which are yet to reach a crown density of more
than ten percent (10%) or tree height of five (5) meters are included under forests.

(e) Forest Reservations refer to forestlands which have been reserved by the President
of the Philippines for any specific purpose or purposes;

(f) Production forest lands refer to forestlands available for timber and agro-forestry
production, range lands for grazing and other forest lands special uses;

(g) 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.

(h) Protection forest lands refer to all areas within the forestlands devoted primarily
for the protection, conservation of forest resources to ensure environmental stability,
conservation of biological diversity, improvement of ecosystem functions and services, and
provision of ecological and economic benefits. All mossy and primary or old growth forests
and natural beach, key biodiversity areas, areas which are highly erodible or too rocky for
establishment as production forests, regardless of slope and vegetation cover that are
developed for the principal objective of establishing vegetative cover to prevent erosion,
conserve water and nurture wildlife, freshwater, swamps, and marshes, all areas along the
bank of the rivers and streams, and the shores of the seas and lakes throughout their entire
length and within the zone of three (3) meters in urban areas, twenty (20) meters in
agricultural areas, and forty (40) meters in forest areas, along their margins which are subject
to the easement of public use such as for recreation, settlements, navigation, floatage, fishing
or salvage shall also be sub-classified as protection forestlands. Cutting of trees and mining
are banned in these protection forestlands: Provided, That the provisions of the Republic Act
No. 8371, the Indigenous People's Rights Act (IPRA) and Republic Act No. 7586, the National
Integrated Protected Areas System (NIPAS) Act shall be respected.


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(i) Tenured migrant communities refer to communities within forestlands which
have actually and continuously occupied such areas for five (5) years before the designation
of the same as forestlands in accordance with this Act and are solely dependent therein for
subsistence.

SEC. 4. Forestlands - The following shall constitute forestlands:

{a) all lands of the public domain already classified as forestland based on 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, rules and regulations and
which may hereafter be classified as forestland by the DENR.

SEC. 5. Determining the Specific Limits of Forestlands.- 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 (IDs) 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,

(©) 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.
2 SEC. 6. National Review and Evaluation Committee - Pursuant to the mandate embodied
in Section 4, Article XII of the Constitution, and in view of the urgent need to establish the
permanent limits of the forestlands of the country, a National Review and Evaluation
Committee, hereinafter to be referred to as the Committee, is hereby created to process,
evaluate and approve all completed assessment and delineation reports referred to in the
immediately preceding section. The Committee, in its evaluation and approval of the reports,


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shall adhere strictly to established laws, policies, rules, regulations and guidelines pertinent
thereto.

The Committee shall be composed of the following:

(a) Secretary of the Department of Environment and Natural Resources (DENR) as
Chairperson;

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

(0) Secretary of the Department of 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; and

() Chairman of the Housing and Urban Development Coordinating Council
(HUDCC) as Member.

The assessment and delineation reports as approved by the Committee shall be
adopted as constituting the final boundaries of the forestlands covered by the reports. The
Committee shall submit to Congress the approved assessment and delineation reports for
each province which shall thereafter form part of its official records.

SEC. 7. Demarcation and Delimitation of Forestland Boundary.- Immediately after the
passage of this Act, the forest line determined and established by the DENR shall be adopted
as the forestland boundary of the country and all monuments established shall be deemed
permanent. Maps of the forestland boundary prepared by the DENR shall be attached as an
integral part of this Act for reference.

SEC. 8. Permanency of the Specific Forestlands Limits. The permanent forestlands
established pursuant to this Act shall not be diminished nor reduced except by an act of
Congress. The DENR, in coordination with all agencies and branches of government, shall
see to it that the forest cover and vegetation therein shall be protected, preserved and
enhanced.

SEC. 9. Sub-classification of the Permanent Forestlands.- The DENR shall undertake the
sub-classification of permanent forestlands into protection forests and production forests.

SEC. 10. Recognition of the Rights of the Indigenous Cultural Communities/ndigenous
Peoples and Tenured Migrant Communities. - In the ground delineation of the permanent forest
limits, the occupation by indigenous cultural communities/indigenous peoples and tenured


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migrants shall be recognized and respected consistent with the provisions of Republic Act
No. 7160 or the Local Government Code of 1991, Republic Act No. 8371 or the Indigenous
Peoples Rights Act (IPRA) of 1997, and Presidential Decree No. 705, as amended, or the
Forestry Code of 1975.

SEC. 11. Accessibility of Record to the Public. - All records and information pertaining to
the specific forest limits delineated pursuant to this Act shall be made available to all local
government units (LGUs), other government agencies, and to the general public.

SEC. 12. Land Classification Conflict Adjudication Board. - 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 of Justice (DOJ) as Chairperson;

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

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

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

(e) Representative from the private sector as Member.

SEC. 13. Powers and Functions of the Adjudication Board.- The Board shall have the
following powers and functions:

(1) Adjudicate cases on land conflicts and adverse claim before it for resolution; (2) Sammon
witnesses, administer oaths, take testimony and require submission of reports;

(3) Compel production of books and documents and answers to interrogatories; and (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 shall use every and all reasonable means to ascertain the facts in each case speedily
and objectively. 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.


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SEC. 14. Monitoring, Evaluation, and Reporting System.- To attain the objectives of this
Act, a field monitoring, evaluation, and reporting system shall be adopted by the Secretary
of the DENR to regularly keep track of the state of the country's forestlands after their
delineation and ensure that these lands are protected and conserved.

SEC. 15. Appropriations. - The Secretary of the DENR shall include in the Department's
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 in the
annual General Appropriations Act.

Funds for the implementation of the provisions of this Act shall be supplemented from
any available official development assistance (ODA) and from joint projects between
agencies of the Philippines and an assisting country. 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 limits within their respective territorial
jurisdictions.

SEC. 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 its implementation.

SEC. 17. 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.

SEC. 18. 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.

SEC. 19. Effectivity. - This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in any newspaper of general circulation

Approved,