Republic of the Philippines
Department of Environment and Natural Resources
visavas Avenue, Di1iman, Quezon Cily, 1100
Tel Nos. (632) 929·66·26 to 29; 929-70-41 to 43
929-66· 33 to 35; 929-40-28
DENR Administrative Order
No 2004- _'5~9 __
SUBJECT RULES AND REGULATIONS GOVERNING THE SPECIAL
USES OF FORESTLANDS
Pursuant to the provisions of Section 2, Article XII of the 1987 Philippine Constitution,
Executive Order No. 192 of 1987, Executive Order No. 278 of 1987, Executive Order
No. 318 of 2004, Presidential Decree No. 705, as amended; Republic Act Nos. 7160
and 7161, and Presidential Decree 1586, the following rules and regulations governing
the special uses of forestlands are hereby promulgated.
CHAPTER I
POLICIES, OBJECTIVES AND DEFINITION OF TERMS
Section 1. Policy and Objectives.
1.1 Basic Policy:
In line with the policy of the State to sustainably manage and provide equitable
access to forestlands and forest resources, the government shall provide security
of tenure to qualified person/s to occupy, develop, utilize and sustainably
manage forestlands through appropriate forest land use management
agreements.
1.2 Objectives:
1.2.1 To develop the country's forestlands into the appropriate productive uses
consistent with the concept of sustainable development:
1.2.2 To provide equitable economic opportunities to local communities and
other stakeholders;
1.2.3 To generate additional revenues for the government; and
1.2.4 To optimize the use of forestlands through sustainable management to
ensure the continuous productive uses and services therefrom;
Section 2. Definition of Terms. For the purpose of this Order, the following terms
shall be used in, and understood to mean as follows:
2.1 Abandonment - the voluntary relinquishment by the agreement holder of the
privilege to use the forestland, as manifested by a voluntary surrender of the
agreement to the DENR, or by continued absence of any activity that would
indicate that the agreement holder is managing and using the land for the
purpose(s) stipulated in the agreement;~
2.2 Entry Fee - the bid amount to be submitted by the bidders, the minimum amount
of which should not be lower than 5% of the most recent zonal value of the area.
2.3 Environmental Compliance Certificate (ECC) - the document issued by the
Secretary, or the Director or Regional Director of the Environmental
Management Bureau (EMB), certifying that based on the representations of the
proponent and the preparers, as reviewed and validated by the EIA Review
Committee, the proposed project or undertaking will not cause a significant
negative environmental impact; that the proponent has complied with the
requirements of the EIA System and that the proponent is committed to
implement its approved Environmental Management Plan in the Environmental
Impact Statement or mitigation measures in the Initial Environmental
Examination.
2.4 Environmental Impact Statement (EIS) - the document(s) of studies on the
environmental impacts of a project including the discussions on direct and
indirect consequences upon human welfare and ecological and environmental
integrity. The EIS may vary from project to project but shall contain in every case
all relevant information and details about the proposed project or undertaking,
including the environmental impacts of the project and the appropriate mitigating
and enhancement measures.
2.5 Forestlands - lands of the public domain compnsmg of public forests,
permanenUestablished forest reserves and other reservations.
2.6 Foreshore area - the part of the shore which is alternately covered and
uncovered by ebb and flow of the tide.
2. 7 Government share - the amount to be paid by a forestland user as its share to
the government in the form of user's fee, for the use of a certain parcel of forest
land. It shall be negotiated between the DENR and the winning bidder before the
agreement is awarded, provided, that it shall not be less than five percent (5%) of
the most recent zonal value as defined in Section 2.15.
2.8 Improvement - is a valuable addition made to a property or economic resource,
or an amelioration in its condition, amounting to more than a mere repair or
replacement of parts, involving capital expenditures and labor, which is intended
to enhance its value, beauty or utility or to adopt it for new or other purposes. It
may be a permanent or temporary improvement.
2.8.1 Permanent Improvement - includes those which are permanently annexed
to the land under contract/agreement in such a manner that these cannot
be separated therefrom without causing damage thereto.
2.8.2 Temporary Improvement - refers to those which can be removed without
causing any damage to the land under contract/agreement and to which
the same has been attached.
2.9 Initial Environmental Examination (IEE) - the document required of proponents
describing the environmental impact of, and mitigation and enhancement
measur~yor, projects or undertakings located in an Environmentally Critical
Area~
2
2.10 Protected Areas - refer to identified portions of land and water set aside as initial
components of, or as proclaimed under the NIPAS, by reason of their unique
physical and biological significance, managed to enhance biological diversity and
protected against destructive human exploitation.
2.11 Reservation - refers to a tract of public forestland set aside by the President of
the Philippines by proclamation for a specific purpose or purposes and which
thereafter such reservation shall not be altered, or otherwise disposed of, but
shall remain indefinitely as such, unless otherwise revoked by the President.
The President of the Philippines may, upon the recommendation of the Secretary
of the Department of Environment and Natural Resources, by proclamation,
modify the boundaries of any such reservation to conform with subsequent
precise survey.
2.12 Secretary - refers to the Secretary of the Department of Environment and
Natural Resources.
2.13 Special Forest Landuse Agreement (FLAg) - is a contract between the
government as first party represented by the Secretary or the Regional Executive
Director concerned, and a second party or a person, authorizing the latter to
temporarily occupy, manage and develop in consideration of a government
share, any forestland of the public domain for specific use defined in Section 3
hereof, to undertake any authorized activity therein for a period of 25 years and
renewable for the same period upon mutual agreement by both parties.
2.14 Special Uses - include all types of legal uses of the forestlands other than the
production of timber and non-timber resources which are covered by other
agreements such as, but not limited to, Integrated Forest Management
Agreement (IFMA), Socialized Industrial Forest Management Agreement
(SIFMA), Timber License Agreement (TLA), Forestland Grazing Management
Agreement (FLGMA), Forest Land Management Agreement (FLMA), Community
Forest Stewardship Agreement (CFSA), Communal Forest (CF) and Community-
Based Forest Management Agreement (CBFMA).
2.15 Zonal Value - is the value of a piece of forestland as determined by the
Department of Finance (DOF) through the Bureau of Internal Revenue (BIR).
CHAPTER II
SCOPE AND COVERAGE
Section 3. Areas Available for Special Forest Landuse Agreement (FLAg). FLAg
may cover all forest lands which are found suitable and available for FLAg pursuant to
Section 9 of this Order and which are not otherwise classified as protected areas or are
subject to vested rights, licenses/leases, permits or other instruments. Provided, that
areas covered by vested rights or with existing permits/instruments may be made
suitable for FLAg upon issuance of a waiver of right; Provided further, that a free and
prior informed consent (FP!C) and certification of precondition shall be required, if the
area is covered by a Certificate of Ancestral Domain/Land Claim/Title
(CADC/CALC/CADT/CAL T); Provided finally that Right-of-Way and other facilities of
vital public importance may be allowed in the protected area subject to separate
agreement with the respective Protected Area Management Boa:~AMB) where
applicable, and to existing laws, rules and regulations on the mattertffl
Section 4. Special Forest Landuse Agreements (FLAg) and Allowable Areas - The
following are the Special Forest Landuse Agreements to be approved by the RED
concerned, for which the areas shall not exceed:
4.1 Bodega/V\/arehouse site 5
4.2 Drydock site/shipbuilding/ 24
ship breaking site
4.3 Industrial Processing site 24
4.4 Herbal/Medicinal Plantation 10
4.5 Nipa Plantation 10
4.6 Fish drying site 5
4.7 Other Lawful Purposes 10
4.8 Communication Station site 3
4. 9 Landing site (Air strip) As recommended by the Dept. of
Transportation and Communications
(DOTC) - Air Transportation Office
(ATO)
4.10 Log Pond/Log Depot site 5
4.11 Lumberyard 5
4.12 Mineral storage and/or subject to the joint recommendation
crushing site (outside MPSA area) of RTD-FMS and RD-MGB concerned
4.13 Mining Waste Disposal Site subject to the joint recommendation
(outside MPSA area) of RTD-FMS and RD-MGB concerned
4.14 Motor pool site 5
4.15 Plant nursery site 3
4.16 Power Station site 5
4.17 Right-of-Way (including but not subject to the joint recommendation of
limited to Transmission Line RED/s and Regional Head/s of Agency/
Right-of-Way (TLRW), ies concerned
Communication Right of-Way
(CRW)
4.18 School site
4
4. 19 Water reservoir or subject to the joint recommendation
Impounding dam of RTD-FMS and Regional Head/s of
Agency/ies concerned
Should it be necessary for a project to cover a larger area than the above maximum
areas. such agreements shall be approved by the Secretary.
Section 5. Duration of FLAg. The FLAg shall have a maximum duration of twenty five
(25) years renewable for the same period. After the expiration or non-renewal of the
agreement, all non-removable or permanent improvements and structures in the area
shall accrue to the government.
Section 6. Qualified Applicants. The following are qualified to apply for FLAg:
6.1 A Filipino citizen of legal age.
6.2 An association, corporation, cooperative or partnership or a juridical person. at
least 60% of the capital of which by Filipino citizens, whether private or public,
duly created and/or registered under Philippine laws, which is financially capable,
or has the capability to mobilize finances, to develop the area applied for FLAg.
Section 7. Mode of Award of FLAg Areas. Areas suitable for FLAg shall be awarded
thru competitive bidding, except in the following cases:
a) where the area applied for FLAg only serves as an ancillary to an existing
bigger project already covered by FLAg or a tenurial instrument or agreement;
b) where the area applied for falls within the adjoining forestland under Special
Land Use Permit/Lease of the permittee/lessee concerned. The
permittee/lessee shall be given preferential right to apply within sixty (60)
days upon receipt of "notice of preferential rights" for such land adjoining
his/her existing lease/permit area; and
c) where there are existing permanent· improvements introduced by the
applicant who had applied for Special Land Use Permit/Lease prior to the
moratorium on the use of small islands.
Section 8. Application Requirements. The following requirements shall be submitted
by the applicant together with the duly accomplished application form (Annex A)
available at the DENR field offices:
8. 1 The pertinent documents to show proof that the applicant is a legitimate entity
qualified to be the holder of a forestland tenurial instrument or agreement, as
follows:
8 1.1 For an individual applicant, certified copy of birth certificate or, if applicant
is a naturalized Filipino citizen, a certified copy of his/her Certificate of
Naturalization;
8.1.2 For a corporation, association or partnership, certified copy of SEC
registration certificate and Articles of Incorporation/Partnership, and a
resolution of the corporate governing body (Board of directors, Board of
Trustees, etc.) designating the authorized representative of the said
corporation, association or partnership~
8.1.3 For a cooperative, certified copy of certificate of registration with the
Cooperative Development Authority;
8.2 An Indicative Management Plan (Annex B) describing how the area will be
developed, including the strategies, schemes or plans to generate the necessary
development financing;
8.3 For areas covered by specific laws, such as Palawan. or by co-management
scheme, clearance/authorization from the appropriate governing body/authority.
CHAPTER Ill
IDENTIFICATION AND DELIMITATION OF SPECIAL LAND USES
FOR FOREST LANDS
Section 9. Identification and Delineation of Special Forest Landuses Areas.
9.1 CENROs shall identify areas suitable and available for FLAg sites within their
respective areas of responsibility using DENR control maps, Comprehensive
Land Use Plans of LGU(s) concerned, and other relevant secondary references.
The CENRO should verify that the areas so identified are not covered by pending
applications for, or covered by, existing forestry tenurial and/or forest use
instruments or agreements,
9.2 The technical description and the preliminary map of the identified site(s) shall be
forwarded to the RED. who shall then organize a composite team made up of
representatives from the Regional Office, PENRO, CENRO, and the LGU(s)
concerned. The Composite Team shall validate on the ground the suitability of
the area in terms of biophysical characteristics, the presence or absence of
socio-economic considerations that may impede or promote the full development
of the area(s) under FLAg, including the determination of the presence or
absence of valid land claims and forest occupants. The Team shall also
undertake consultations with adjoining communities. The final output of the work
of the composite team is the final determination of: (1) the metes and bounds of
the FLAg area, defined by the technical description and final map at a scale of
1 :20,000 and gee-referenced to the Philippine Reference System (PRS 92); (2)
request for indorsement by the LGU Sanggunian(s) concerned, and; (3)
indorsement to the RED for approval of the FLAg area.
9.3 For purposes of LGU indorsement, where the area falls within one barangay, the
Sangguniang Barangay shall indorse; where an area falls across more than one
barangay, the indorsement shall be from the Sangguniang Bayan/Sangguniang
Panglunsod or all the Sangguniang Barangays concerned; and where the area
falls across more than one municipality/city, the indorsement shall be from the
Sangguniang Panlalawigan or all the Sangguniang Bayans concerned.
9.4 After the approval of the site by the RED, copies of the map with the technical
description of the area shall be furnished the Forest Management Bureau, the
PENRO concerned, and the CENRO concerned, for purposes of recording such
site in the FLAg Registry which shall be maintained at the Forest Management
Bureau, the DENR Regional Office, the PENRO and the CENRO concerned.
The LGU(s) c7rned shall likewise be furnished the same map and technical
description· ,,,r·o
6
Section 10. Registry of Areas. A registry of areas shall be established by FMB,
RENRO, PENRO and CENRO. It shall include the following information: map, together
with technical description, characterization of the area, documentation of the process
involved in the determination and delineation of the areas, and, if available, assessed
value of the land. The registry shall be made available through the DENR website,
public notices posted at the DENR Regional, PENR and CENR Offices and at the
Provincial, City, Municipal and Barangay Offices concerned.
CHAPTER IV
PREQUALIFICATION AND BIDDING PROCEDURE, AWARD AND SETTING OF
PERFORMANCE BOND
Section 11. Creation of Screening and Awards Committee
The Regional Executive Director (RED) shall create a FLAg Screening and Awards
Committee (FLAgC) which shall be primarily responsible for the proper receipt,
recording, safekeeping and evaluation of prequalification and bid proposals pertaining to
the potential FLAg areas. It shall also be responsible for the conduct of bidding and in
recommending the award of an area into FLAg in accordance with these regulations.
The members of the FLAgC shall be designated by the RED and shall be composed of
the Regional Technical Director for Forest Management Services (RTD-FMS) as
Chairman, and the Regional Technical Director for Protected Areas, Wildlife and
Coastal Zone Services (RTD-PAWCZS), the Regional Administrative Officer, the Legal
Officer and two (2) representatives from the technical forestry group with the rank not
lower than a Division Chief, or its equivalent as members and the Commission on Audit
representative as observer.
The FLAgC shall create a Secretariat to serve as technical support and assist them in
the proper receipt and documentation of the bidding process.
Section 12. Bidding Procedures.
12.1 Invitation to Pre-qualify to Bid.
Prospective bidders over available areas for FLAg identified in Sec. 9 hereof
shall be invited to pre-qualify to bid over the area through public announcement
by way of public invitation, weekly publication in at least two (2) newspapers (one
for general circulation and the other for local circulation) for two (2) consecutive
weeks and the DENR website. Copy of the Notice shall be posted at the DENR
Regional, Provincial and Community Offices concerned, Provided, that the
notice shall specify. among others, the location and technical description of the
area.
12.2 Submission of Documents/Proponent Requirements.
All requirements stated in Sec. 8 shall be submitted in five (5) copies together
with prequalification documents in sealed envelopes at the DENR Regional
Office concerned not later than the time and date specified in the invitation to
prequalify~
7
12. 3 Evaluation of Prequalification Requirements.
The FLAgC shall, upon receipt of a prospective bidder's application documents
and supporting papers, immediately number the pages of the submitted
documents and record the same and the date and time of receipt, including the
number of pages. The FLAgC shall, within 10 working days from the deadline for
submission of prequalification applications, evaluate the documents taking into
account the completeness of requirements as specified in Sec. 8 and the
Indicative Development Plan cum financing as provided for under Sec. 8.2. The
prospective bidder should show proof of available capital to undertake
developmental activities provided in the Indicative Plan. This shall be
supplemented by proofs of available credit line together with a certificate of
undertaking stating among others that said amount shall be used only in the
development of the subject area.
12.4 Action on Application Documents.
If, upon evaluation, the prospective bidder meets all the requirements, the
application for prequalification shall be stamped "PREQUALIFIED".
Subsequently, the Committee shall inform the concerned parties within five (5)
days after approval that they have been pre-qualified and be required to submit
their bid proposal in the form of an offer on the amount of the entry fee, as
provided for in Sec 2.2, they are willing to pay, on the date and place specified
therein.
On the other hand, applications of prospective bidders who do not meet the
requirementsshall be stamped "DISQUALIFIED".Applicants shall be informed in
writing within five (5) days that they have been disqualified, stating the grounds
for disqualification.
12.5 Receiving and Opening of Bids.
Bid proposals shall be submitted to the FLAgC within the specified period and
shall be stamped by the record officer of the Secretariat indicating the date and
time of receipt thereof. All bids must be accompanied by a Bidder's Bond of not
less than Two Hundred Pesos (~200.00) per hectare, in cash or surety bond
from a reputable bonding company.
The Chairman shall open the sealed bids publicly at the place, time, and date
stated in the notice which shall be attended by the bidders or their duly
authorized representatives. Every page of the bid proposal, including the
documents attached thereto, shall be numbered consecutively and initialed by
the FLAgC members.
After the opening and the numbering of the pages of the bid proposals have been
completed, the corresponding abstract shall be prepared and signed by the
committee members and the resident auditor or his representative, attaching
supporting papers/documentsand the proceedings of the biddi~
8
12.6 Basis of Award.
The area subject of bid shall be awarded to one who has the highest entry fee
offer. Provided, that if there are two or more equal bids, another sealed bidding
shall be conducted between and among those who submitted equal bids.
12. 7 Decision of Award.
The RED, based on a review of the evaluation report of FLAgC, shall make his
decision within 10 days from receipt of the recommendation, as to whom the area
shall be awarded, and for which a Notice of Award shall be issued; Provided,
that should the awardee refuse or fail to comply with the requirements called for
in the Notice of Award within the period prescribed therein, the award shall be
nullified and the Bidder's bond submitted shall be forfeited in favor of the
Government: Provided further, that in such an eventuality, the second highest
complying bidder shall be considered provided that his offer is at least 75% of the
highest bidder offer, but nor lower than the minimum entry fee. Provided
furthermore, that these rules shall apply to the third highest bidder in case of
refusal on the part of the second highest bidder, and so on.
12.8 Minimum Entry Fee
The FLAgC shall determine the reasonable minimum entry fee advantageous to
the government for each type of forestland use, which should not be lower than
5% of the zonal value of the area.
12 9 The Notice of Award shall be given to the winning bidder within three (3) working
days from the date the RED has decided on the awardee. Likewise, the losing
bidder(s) shall be informed accordingly within the same period.
12.10 Preparation and Issuance ot FLAg.
Within fifteen (15) days after the payment of the entry fee. a FLAg (Annex C).
together with the final map of the area, shall be prepared in the Regional Office
and approved by the Regional Executive Director concerned.
Section 13. EIA Requirement. After the approval of the FLAg, the area subject of
the FLAg and any improvements introduced/found therein shall be subject to the EIA
requirement.
The FLAg holder shall prepare an Environmental Impact Statement/Initial Environmental
Examination (EIS/IEE) as shown on Annex "F-1" for submission to the Director or
Regional Director, Environmental Management Bureau. as the case may be, which shall
be the basis for the issuance of an Environmental Compliance Certificate (ECC).
Section 14. Conversion of Existing Special Land Use Permits to FLAg. Existing
Special Land Use Permits may be converted to FLAg. Provided, that the holder thereof
has shown satisfactory performance based on DENR's monitoring and evaluation
system and has complied with all the terms and conditions of the perm¥
9
CHAPTERV
TERMS AND CONDITIONS OF FLAg
Section 15. Terms and Conditions of the FLAg. The FLAg issued in consonance with
this regulations shall be subject to the following provisions:
15.1 The FLAg granted shall be confined within the perimeter of the parcel of land
described herein and no other parcel of public forestland outside what is granted
shall be utilized by the holder without first securing therefor the prior permission
of the Secretary;
15.2 The holder shall, within six (6) months from the issuance of the FLAg, delineate
and mark on the ground the boundaries of the FLAg and its sub-areas subject to
verification by the DENR and shall preserve the monuments and other land
marks indicating corners and outlines along the boundaries and within the
confines of the area covered by the FLAg;
15.3 The holder shall submit within three (3) months from the issuance of the FLAg, a
Comprehensive Development and Management Plan (COMP) as shown on
Annex "F". Said Plan will be submitted to the RED where the same shall be
deliberated upon by a Committee composed of mainly of technical staff of the
Forest Management Service. The approved plan shall form part of the FLAg;
15.4 The holder shall utilize the area only for the purpose for which the FLAg is
granted. In the event that the area will be utilized for purpose(s) other than what is
approved, said use is subject to the prior approval of the Secretary or his/her duly
authorized representative;
15.5 In the case of Nipa and Medicinal/Herbal plantations, the holder shall introduce
improvements within one (1) year from the execution of the FLAg and complete
the development within two (2) years. The holder shall have the right to harvest
and utilize all products planted/introduced herein in accordance with the
approved CDMP;
15.6 The holder shall protect the FLAg area from unprescribed forest fires and other
forms of forest destructions and place his employees or workers under the
direction of a registered forester or other authorized agents of the Secretary,
whenever required;
15.7 The holder shall submit an Annual Report of activities showing developmental
activities undertaken in accordance with the COMP in the form shown as Annex
"E" hereof. In the case of Nipa and Medicinal/Herbal Plantations; report shall
include but not be limited to volume harvested by species; area planted (in ha.)
by species, etc. using the prescribed format under Annex "E-1" hereof;
15.8 The holder shall not impede, obstruct or in any manner prevent the passage of
legitimate stakeholders and/or other forest users and the public;
15.9 The holder may construct permanent infrastructure that are necessary in the
development of the area as stated in the submitted COMP. However, additional
improvement not listed in the submitted plan shall be subject to prior approval of
the Secretary or his/her duly authorized representative¥'
10
15 1 O No trees in the FLAg area shall be cut regardless of species, if found within
twenty (20) meters from banks of rivers, creeks or streams and of public roads. In
case said 20 meters strip is bereft of trees, same shall be reforested by the FLAg
holder;
15.11 The holder shall strictly adopt ecological solid waste management and abide with
the provisions of the Clean Water Act;
15.12 The FLAg holder shall protect and conserve unique, rare and endangered
flora and fauna identified as such under existing laws, rules and regulations;
15.13 All authorized DENR officials and/or employees shall be allowed to enter and
inspect the area, for purpose of monitoring and evaluating the activities therein in
accordance with the approved COMP, using as guide Annex D, and using the
monitoring and evaluation system prescribed for the purpose by the Secretary;
15.14 The FLAg holder shall inform the RED or his duly authorized representative on
any changes in the management, ownership or capital stock of the company or
corporation or transfer of a majority of the stock or shares of the company or
corporation as provided for in PO 705, as amended;
15.15 To surrender to the RED or his duly authorized representative the agreement if
not to be renewed on the date of expiration, or if the holder is no longer
interested in the area, or in case of cancellation, immediately after the effectivity
of its cancellation;
15 16 The agreement shall immediately terminate upon the abolition of the corporation;
15.17 In case of death of individual FLAg holder, the heir(s) may apply for the transfer
of FLAg within ninety (90) days upon his/her death;
15.18 Such portion of the area granted which is not actually occupied for the purpose or
purposes shall be planted with appropriate species. All clearings made in the
development shall be replanted by the FLAg holder to maintain the ecological
balance of the area; and
15.19 The FLAg shall not be construed as permit for the holder to obstruct the free
navigation of any stream, creek or river adjoining or flowing through the area, or
to prohibit or interfere with the passage of people along such streams, creeks or
rivers or the banks thereof, or to impede the flow and ebb of the tide to and from
the interior of the swamps.
Section 16. Additional Conditions for Certain Types of Special Uses of
forestlands. The following special and additional conditions for certain types of special
uses of forestland are hereby prescribed:
16.1 Right-of-Way
16.1.1 Right-of-Way for telecommunications and power transmission lines shall
be confined only to the parcel of land described in the management
agreement :pd shall be limited to a width of not more than twenty (20)
meters; f/(('6
11
16.1.2 For Road Right-of-Way. The opening of portions of the area under
management agreement for road right-of-way shall not exceed the
designed road width including the embankments; Provided, that the
applicant of such road right-of-way shall seek prior clearance and pay
the affected stakeholder a reasonable compensation for any damage to
improvements; Provided further, that if public interest requires, such
prior clearance shall be dispensed with; and
16.1.3 Cutting of trees affected by the right-of-way may be allowed, provided
that all the trees cut shall be covered with permit, and shall be turned
over and delivered to DENR or DENR-designated log depot. The FLAg
holder shall also plant the same species or species to be determined by
the DENR within designated areas to compensate for the trees cut.
16.2 Saltworks and other uses of tidal flats, mangrove ponds, marshes and streams
within public forest lands.
16.2.1 When so required, such portion of the area granted which is not
actually occupied by saltworks or other uses shall be planted with
appropriate species. All clearings made in the operations of saltworks on
the area shall be replanted by the FLAg holder whenever the area is no
longer in use.
CHAPTER VI
MONITORING AND EVALUATION, AND PAYMENT OF GOVERNMENT SHARE
Section 17. Monitoring and Evaluation. To ensure compliance to the terms and
conditions of the FLAg, and proper monitoring and evaluation of the developments and
improvements introduced in the area, the following guidelines shall be adopted:
17 1 The RED shall provide the PENRO and CENRO including the FMB copies of the
approved FLAg including maps and COMP of each FLAg issued;
17.2 The FLAg holder shall submit its annual report as to its compliance with the
approved COMP;
17.3 The Regional Composite Team composed of representative from the PENRO,
CENRO, RTD for Forestry, and the RD-EMB shall conduct monitoring and
evaluation of the development and submit monitoring report to the Regional
Executive Director and the FMB Director. The FMB shall then submit an annual
report to the Secretary; and
17.5 The DENR Central Office may validate the annual accomplishment report
submitted by the FLAg holder.
Section 18. Payment of Government Share and Surcharges for Late Payment -
The government share shall be at least five percent (5%) of the most recent zonal value
of the nearest commercial zone of the barangay/municipality/city or province whichever
ishighe~
12
The government share shall be paid within thirty (30) days upon issuance of the FLAg
and annually thereafter within the same month that the FLAg was issued. Failure to pay
within the prescribed period shall be subject to surcharges of 8.33% monthly for late
payment or 100% for one (1) year.
CHAPTER VII
GROUNDS FOR SUSPENSION AND CANCELLATION OF FLAg
Section 19. Grounds for Suspension or Cancellation. The FLAg may be
suspended or cancelled by the RED for violation of the terms and conditions stipulated
in the management agreement for any of the following causes:
19.1 Suspension (until infirmity has been cured):
19.1.1 Failure of the FLAg holder to settle administrative dues including
government share after three (3) consecutives notices, after these
become due and demandable.
19.1.2 Failure of the FLAg holder to provide for the necessary protection of the
area.
19.1.3 Failure to advise or furnish the authorized issuing official with copy of all
private transactions affecting the FLAg area or secure approval of
concerned DENR Official such transactions before they become effective.
19.1.4 Encroachment by the FLAg holder of an area other than that covered by
the management agreement.
19.1.5 For allowing other person/s to use the area or any portion thereof; or for
using the area or any portion thereof for purposes other than what is
specified in the management agreement.
19.2 Cancellation:
19.2.1 Violation of any of the terms and conditions or failure to comply with, or
perform the obligations imposed in the management agreement or
pertinent laws, decrees, letters of instructions and policies affecting the
exercise of privilege granted therein, or any of the provisions of this Order.
19.2.2 If the privilege was obtained through fraud, misrepresentation or omission
of material facts existing at the time of filing of the application.
19.2.3 Abandonment of the area or failure to exercise the privilege granted within
the prescribed period of six (6) months from the issuance of the FLAg
without justifiable cause.
19.2.4 Failure to introduce improvemen_V,velopment within the prescribed
period as indicated in the COMP~
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19.2.5 When national interest so requires, provided, that the government shall
compensate, subject to existing laws, rules and regulations on the matter,
the FLAg holder the value of the non-removable and permanent structures
introduced by the FLAg holder.
19.2.6 Repeated violations of the provisions of Section 19.1.
CHAPTER VIII
MISCELLANEOUS PROVISIONS
Section 20. Transfer. A FLAg Holder may transfer the FLAg or any rights therein or
any assets used therewith, if authorized by the Secretary, and if:
20.1 The FLAg has been in existence for at least three (3) years;
20.2 The FLAg Holder has been faithfully complying with all the terms and conditions
of the FLAg, including implementation of COMP;
20.3 The transferee has all the qualifications and none of the disqualifications to hold
a FLAg area;
20.4 The transferee shall assume all the obligations and responsibilities of the
transferor specified in FLAg, COMP and ECC; and
20.5 For FLAg areas in which development is being financed by loan funds, the
concurrence of financing institution concerned shall be obtained prior to the
transfer.
Section 21. Contersion of Special Land Use Permit to FLAg. Special Land Use
Permits/Leases which have been in existence with established improvements may be
converted into FLAg. Provided, that the permittee/lessee has religiously complied with
all the terms and conditions of the permits/leases as evidenced by a comprehensive
performance evaluation commissioned or undertaken by authority of the Secretary.
Section 22. Transitory Provisions. Exempted from bidding, provided they pay the
minimum entry fee and other incidental expenses (i.e. application fee, cash
performance bond and government share), are the following:
22.1 Those existing Special Land Use Permits that will be converted to FLAg.
22.2 Those with pending valid applications for a OENR permit prior to the signing of
this Order.
Section 23. Repealing Clause. All existing rules, regulations, circulars, instructions,
memoranda or porti~~/s-~reof which are inconsistent herewith are hereby repealed or
amended according!~ .
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Section 24. Separability Clause. In case any portion or provision of this Order is
declared unconstitutional or invalid, the other portions or provisions hereof which are not
affected shall continue in full force and effect.
Section 25. Effectivity. This Order shall take effect fifteen (15) days after its
publication in a newspaper of national circulation and submission to the Office of the
National Administrative Registry (ONAR).
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ELISEA G.
Secretary
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