DENR Administrative Order No.2021-11 Guidelines in the Processing and Issuing of Permits for the Cutting, Removal and Relocation of Naturally Growing Trees

Republic of the Philippines Department of Environment and Natural Resources Visayas Avenue, Diliman, 1100 Quezon City Tel. Nos. (632) 8929-6626 to 96, (632) 8755-3300/8755-3330 Website: www.denr.gov.ph MAY 19 2021 DENR Administrative Order No. 2021- 11 SUBJECT GUIDELINES IN THE PROCESSING AND ISSUANCE OF PERMITS FOR THE CUTTING, REMOVAL AND RELOCATION OF NATURALLY GROWING TREES Pursuant to Section 77 of Presidential Decree No. 705, as amended, otherwise known as the "Revised Forestry Code of the Philippines", Presidential Decree No. 953 (Requiring the Planting of Trees and Penalizing Unauthorized Cutting, Destruction, Damaging and Injuring of Certain Trees and Vegetation), Republic Act (R.A) No. 7161 (Increasing the Forest Charges on Timber and Other Forest Products), Executive Order (E.O) No. 192, series of 1987 (Providing for the Reorganization of the Department of Environment), E.O No. 23, series of 2011 (Declaring a Moratorium on the Cutting and Harvesting of Timber in the Natural and Residual Forests and Creating the Anti-Illegal Logging Task Force), DENR Administrative Order (DAO) No. 2000-63 (New Rates of Forest Charges Pursuant to R.A. 7161 and Based on the FOB Market Price of Forest Products), DAO No. 2004-16 (Prescribing the Revised Schedule of Forest Administrative Fees), DAO No. 2018-16 (Guidelines in the Processing and Issuance of Permits on the Removal and Relocation of Trees Affected by DPWH Projects) and DAO No. 2020-06 (Amending Certain Provisions of DAO No. 2018-16), and Republic Act No. 11361, Series of 2019 (Anti Obstruction of Power Lines Act), the following rules and regulations governing the cutting, removal and relocation of naturally growing trees are hereby promulgated. Section 1. Scope and Coverage This Order shall cover all applications filed by any person/entity for the cutting, removal and/or relocation of naturally growing trees, either in the public/forest lands or private lands, except those applications filed by the National Government Agencies pursuant to DAO No. 2018-16 and DAO No. 2020-06. This Order shall not cover the trimming, pruning, cutting and removal of trees within power line corridors which no longer require to secure prior clearance or permit from, but with due notice to, the DENR Field Offices, pursuant to RA No. 11361, S. 2019. Further, the transport of logs derived therefrom shall require a transport permit consistent with existing rules and regulations. Sec. 2. Objectives The objective of this Order is to streamline the procedures and approval process governing the issuance of permits for the cutting, removal and relocation of naturally grown trees within private and public/forest lands; and to come up with a consolidated policy to promote reliable and concise information in a usable and coherent manner. Let's Go Green! j Sec. 3. Definition of Terms For purposes of this Order, the following terms shall be defined as follows: a) Development Plan - a long-term plan prepared and submitted by a tenure holder to, and for the approval by, the DENR which, among others, indicates the series of sequential or simultaneous undertakings and schedules, in developing and managing tenured areas, including harvesting and utilization of the products thereof. b) Earth-balling Permit - a permit issued to any person allowing him or her to move a tree/s by digging out the earth and the roots in a circular shape, leaving most of the root system undisturbed and intact. This permit also authorizes the holder to replant the tree/s in a designated area jointly evaluated by DENR and the Permittee. c) Forest Charges - a levy being imposed by the government on each cubic meter of timber cut, the amount of which is specified in the implementing rules and regulations of R.A. 7161. d) Forest Lands - includes the public forest, the permanent forest or forest reserves, and forest reservations e) Naturally-Grown Tree - any naturally occurring or growing trees with woody stem, regardless of size and economic utility or end-use, including the parts thereof such as stumps, tops and branches t) Planted Tree Species - an artificially grown/planted tree with woody stem, regardless of size and economic utility or end-use. g) Private land - any land belonging to any private person or group of person or juridical entity by virtue of statutory and/or customary laws, judicial title, OCT, TCT, and CLOA (issued within alienable and disposable lands). h) Private Land Timber Permit (PL TP) - a permit to be issued to a landowner for the cutting, gathering and utilization of naturally-grown trees in private lands, regardless of economic importance and species group. i) Special Tree Cutting Permit (STCP) - a permit issued to any person/entity allowing him or her to cut, gather, and utilize naturally growing trees of economic importance, including premium species within forest lands. Provided, that the person has authority to occupy and conduct activities within said forest land. j) Special Tree Cutting and/or Earth-balling Permit (STC/EP) - a permit issued to any person/entity allowing him or her to cut or earth-ball naturally growing trees within forest lands. Provided, that the person has authority to occupy and conduct activities within said forest land. k) Tree Inventory - a process of collection, analysis and management of forest data and information to obtain a reliable estimate on the extent of the forest area and the stand and stocking density of timber as basis in forest management planning and decision making. 1) Utilization Plan - a plan prepared and submitted by a private land owner, and for the approval by, the DENR which, among others, indicates the series of sequential or simultaneous undertakings and schedules, in harvesting and utilizing naturally grown trees found within private lands. Sec. 4. Application Requirements Processing of documentary requirements shall start upon finding that the same are valid and complete based on evaluation and assessment. Any applications with incomplete or invalid documentary requirements shall be returned to the applicant without prejudice to refiling. The following are the basic requirements for the issuance of Tree Cutting Permit and shall be submitted by the applicant to the concerned DENR Field Office. 4.1. For Naturally Grown Tree/s within Private Lands a) Letter of Application; b) Authenticated copy of land title/CLOA issued by the Land Registration Authority or Registry of Deeds, whichever is applicable with approved sketch map of the area applied for; c) Utilization Plan, if application covers ten ( 10) hectares or larger with at least 50% of the area covered with forest trees; d) Report duly signed by the forest officers who conducted the timber inventory of trees to be cut, to include result of the 100% timber inventory i.e. Tally Sheets and Stand and Stock Table of trees to be affected; and e) Endorsement from concerned LGU interposing no objection to the cutting of trees under the following conditions: 1.1 If the trees to be cut falls within one barangay, an endorsement from the Barangay Captain shall be secured; 1.2 If the trees to be cut falls within more than one barangay, endorsement shall be secured either from the Municipal/City Mayor or all the Barangay Captains concerned; and 1.3 If the trees to be cut fall within more than one municipality/city, endorsement shall be secured either from the Provincial Governor or all the Municipal/City Mayors concerned. f) Endorsement by local agrarian reform officer for areas covered by CLOA; and g) Copy of Environmental Compliance Certificate (ECC)/Certificate of Non Coverage (CNC), if applicable. The DENR RO/EMB shall determine if the tree cutting activities will require ECC/CNC based on the extent of tree cutting operations, location (e.g. Environmentally Critical Area), among others. 4.2 For Naturally Grown Tree/s within Public or Forest Lands a) Letter of application; b) Report duly signed by the forest officers who conducted the timber inventory of trees to be cut, to include result of the 100% timber inventory i.e. Tally Sheets and Stand and Stock Table of trees to be affected; c) Endorsement from concerned LGU interposing no objection to the cutting of trees under the following conditions: 1. If the trees to be cut falls within one barangay, an endorsement from the Barangay Captain shall be secured; 11. If the trees to be cut falls within more than one barangay, endorsement shall be secured either from the Municipal/City Mayor or all the Barangay Captains concerned; and 111. If the trees to be cut fall within more than one municipality/city, endorsement shall be secured either from the Provincial Governor or all the Municipal/City Mayors concerned. d) Copy of Environmental Compliance Certificate (ECC)/Certificate of Non Coverage (CNC); and e) Copy of approved land tenure instrument/management agreement ( e.g. CBFMA/ IFMA/ SLUP/ FLAG/ FLAGT/ CADT/ MPSA/ FTAA) together with its approved development/management plan (IOP/ CRMF/ FYWP/ FYIOP/ CDMP/ ADSDPP/ EPEP, etc.) Sec. 5. Tree Inventory Requirement The conduct of tree inventory for natural growing trees shall be in accordance with DMO No. 1991-08 and FMB Technical Bulletin No. 3. The Inventory Report must be subscribed and sworn to by all the members of the Inventory Team. All pertinent documents shall be attached to the report ( e.g. original tally sheets, stand and stock table, geo-tagged photographs, etc.) including their findings and recommendations. Below are the sampling intensities that shall be used in conducting tree inventory of natural growing trees in the following areas, to wit: 5.1 Within private titled land - 100% timber inventory 5.2 Within forest land covered by approved land tenure instrument/management agreement (i.e. SLUP/ FLAG/ FLAGT/ CADT/ MPSA/FTAA) - 100% timber inventory 5.3. Within forest land covered by approved land tenure instrument particularly IFMA and CBFMA - 20% timber inventory Sec. 6. Issuing Authority All new applications and requests for extension of Tree Cutting and Earth-balling Permits for naturally growing trees shall be issued by the concerned DENR Regional Executive Director, except cutting for public purposes of National Government Agencies which includes the DPWH, DOTr, DepEd, DA, DOH, CHED, DOE, and NIA pursuant to DAO No. 2020-06, which shall be issued by the concerned Community Environment and Natural Resources Officer/implementing Provincial Environment and Natural Resources Officer(CENRO/Implementing PENRO). The issuance of these Permits for naturally growing trees shall be governed by existing laws, rules and regulations like E.O. No. 23 and other related guidelines. Sec. 7. Duration of the Tree Cutting Permit The duration of the permit shall be dependent upon the volume granted following the schedule provided below but shall not exceed one (1) year at any one time. Provided that only one (1) permit shall be issued within a period of one (1) year. Provided further, that extension of the permit may be allowed for a similar period. The permit shall be immediate and executory upon receipt of the CENRO/Implementing PENRO and shall automatically expire as soon as the tree/s is/are harvested and disposed of, or once it reaches the end of the validity period, whichever comes first. Volume Validity 1 - 50 cu.m. 50 days 51 - 70 cu.m. 60 days 71 - 100 cu.m. 90 days 101 - 200 cu.m. 120 days 201 - 300 cu.m. 150 days 301 - 500 cu.m. 6 months 501 - 650 cu.m. 7 months 651 - 750 cu.m. 8 months 751 - 850 cu.m. 9 months 851 - 950 cu.m. 10 months 951 - 1000 cu.m. 11 months 1001 - up cu.m. 1 year Sec. 8. Payment of Forest Charges All naturally grown trees cut and harvested inside private and public/forest lands shall be subjected to payment of forest charges pursuant to R.A. No. 7161 and it's implementing rules and regulations. Below are the applicable rates of forest charges per unit of measurement of specific species group. SPECIES GROUP FOREST CHARGES (Php) 1. Timber Group (per cubic LUZON VISAYAS MINDANAO meter) a. Philippine Mahogany, 1,400.00 1,400.00 1,425.00 Manggasinoro Group, Manggachapui Group, Narig Group, Palosapis Group, Guijo Group; b. Yakal Group 1,500.00 1,500.00 1,530.00 c. Apitong Group 1,260.00 1,260.00 1,260.00 d. Softwood Species except 715.00 715.00 715.00 Igem e. Igem 1,275.00 1,275.00 1,275.00 f. Nato 1,000.00 1,000.00 1,000.00 g. Furniture/Construction 950.00 950.00 950.00 Hardwood h. Premium Species, if 3,000.00 3,000.00 3,000.00 allowed to be cut; and 1. Lesser-Used 700.00 700.00 700.00 2. Pulpwood, chipwood and 95.00 95.00 95.00 matchwood species (per cubic meter) 3. Firewood, branches and other 10.00 10.00 10.00 recoverable wood wastes of timber (per cubic meter) Sec. 9. Penal Provision The harvesting, gathering, and transport of naturally-growing trees without the necessary permit shall be grounds for filing of appropriate charges for violation of Section 77 of PD 705, as amended, and other laws, rules, and regulations. Sec. 10. Repealing Clause Provisions of the DENR Administrative Order No. 2016-07 dated 19 May 2016 particularly on Page 1 under Licenses, Patents and Deeds (Forestry Related-Cutting Permits), other Administrative Orders, Memorandum Circulars and official issuances not consistent herewith are hereby repealed or amended accordingly. Sec. 11. Effectivity This Order shall take effect fifteen (15) days after its publication in one (1) newspaper of general circulation and upon acknowledgement of receipt of a copy thereof by the Office of the National Administrative Register (ONAR), UP Law Center, Quezon City. Publication: Daily Tribune June 18• 2021 Acknowledgement: U.P. Law Center June-21, 2021 ROY:~CIMATU Secretary J