JOINT DAR-DENR ADMINISTRATIVE ORDER NO. 03-88

  SUBJECT    :     Policy Guidelines Governing the Issuance/Renewal of Permits or Contracts/Agreements to Cut, Remove and Dispose Timber in DAR Settlement Projects

          These policy guidelines are promulgated jointly by the Department of Agrarian Reform (DAR) and the Department of Environment and Natural Resources (DENR) in consonance with the provisions of joint Administrative Orders, Series of 1979, "Guidelines in the Selection and Development of, and Jurisdiction Over Settlement or Resettlement Reservations."

           Pursuant to the provisions of Republic Act No. 3844, as amended by Republic Act No. 6389, portions of the public domain were proclaimed by the President of the Philippines as agricultural settlement reservations under the administration and disposition of the DAR. To facilitate the growth and improvement of the proclaimed area, the DAR was authorized to cut, remove and dispose the available timber resources in the area to be used in the development of the settlement. Provided, however, in this Joint Administrative Order that in cases where DAR directly engages in cutting, removing or disposing such timber or forest products — it shall also obtain the necessary permit from DENR.

      In settlement projects wherein the DAR lacks the necessary equipment, machinery, and personnel to undertake the aforementioned activity, the DAR may commission or enter into an agreement with a private firm for the cutting, removal and disposal of timber within specific settlement areas subject to the rules and regulations of the DENR and the following policy guidelines:

1.         The DAR shall, in coordination with the DENR, DA, DLG, DND, NEDA and other government agencies concerned, promote and preserve the ecological balance in settlement projects;

2.         Cutting of trees may be allowed only in areas which are earmarked for farmlots, townsites and barangay sites and classified or recommended for classification by the DENR as alienable and disposable. In all cases, however, no cutting shall be allowed in watershed areas and within a strip of at least twenty (20) meters on both sides of rivers and along shores of lakes and other bodies of water;

3.         In alienable and disposable areas which have been subdivided and allocated to individual beneficiaries, cutting/utilization permits may be issued by the DENR only upon accreditation and recommendation of the DAR;

4.         Areas within settlement projects that are classified as timberland and which cannot be reclassified as alienable and disposable in accordance with Presidential Decree No. 705 and other forestry rules and regulations, shall be reclassified as permanent forests and henceforth, there will be no land allocation and cutting of trees.

5.         All applications for the issuance/renewal of permits for the cutting, utilization and recovery of trees/logs within DAR settlement projects shall be filed with the Office of the DAR Secretary. After the initial/preliminary evaluation of the application, copies of the same shall be forwarded to the Regional Offices of DAR and DENR which shall jointly conduct an ocular inspection and investigation of the area and submit a joint report of their findings and recommendations on the following:

(a)       A map on the land classification of the area showing the location of relative position of the critical watersheds;

(b)       Inventory of the timberland within the proposed area of operations;

(c)       Technical and financial capability of the applicant including an inventory of his machinery and equipment;

(d)       Advantages and pecuniary benefits that will accrue to the government;

(e)       Plans and measures to be undertaken by the Regional Offices of both DAR and DENR to control logging/utilization operation including those that would protect critical watershed areas and preserve the ecological balance; and

(f)        Such other information as may be necessary to help in the disposition of the application.

6.         The DENR shall approve and issue permits for the cutting, removal and disposal of timber and other forest products within DAR settlement projects, after compliance by the applicant with all the requirement therefor.

This Joint Administrative Order shall take effect immediately.

March 10, 1988.

                           (SGD.) FULGENCIO S. FACTORAN, JR.                                      (SGD.) PHILIP ELLA JUICO
                                                   Secretary                                                                                   Secretary
                  Department of Environment and  Natural Resources                         Department of Agrarian Reform