Primer DENR-DILG-LGU Partrship in Forest MGMT
Primer DENR-DILG-LGU Partrship in Forest MGMT
Primer DENR-DILG-LGU Partrship in Forest MGMT
Produced by the Department of Environment and Natural Resources-United States Agency for International
Development’s (DENR-USAID) Philippine Environmental Governance (EcoGov) Project under USAID
Contract Number PCE-1-00-99-00002-00. The views expressed and opinions contained in this publication
are those of the authors and are not intended as statements of policy of USAID or the authors’ parent
organization.
Foreword
This material discusses the roles of the DENR, the DILG and the
LGUs in forest management, citing significant provisions of the
DENR-DILG Joint Memorandum Circulars (98-01 and 2003-01)
that spell out how such a partnership could take place. It hopes
to serve as a guide in forging a closer alliance between the national
government and the LGUs towards the attainment of a common
goal—to provide effective “on site” forest management.
For a province
For a municipality
This means that the cities will carry out the same
functions or roles as those devolved to the
provinces and municipalities.
4
What did the DENR and the Department of the
Interior and Local Government (DILG) issue in
response to RA 7160?
6
What are the key features of DENR-DILG JMC
98-01?
1
DENR has developed and issued this manual.
National Level
Regional Level
Setting up of NSC
Setting up of Regional Steering Committees
by the NSC
7
What are the key features of DENR-DILG JMC
2003-01?
8
Can an LGU enter into a co-management agreement
with the DENR or another government entity without
an FLUP?
As much as
possible, an
FLUP must be
completed
before LGUs
enter into a co-
management
agreement with
the DENR or
other govern-
ment entities.
The FLUP serves as the basis for the allocation of
forests and forest lands and the issuance of tenure
instruments.
10
Are there existing models of devolution and
partnership?
12
What are the potential impacts of devolution,
partnership and co-management as contained in
DENR-DILG JMC 2003-01 in relation to DENR
DAO 92-30 and DENR-DILG JMC 98-01?
Pursuant to Republic Act 7160, otherwise known as the Local Government Code of 1991,
Presidential Decree 705 as amended, otherwise known as the Forestry Reform Code of the
Philippines; Executive Order No. 192 defining the mandates, organization, and functions of the
Department of Environment and Natural Resources (DENR), DENR Administrative Order No. 30,
Series of 1992 prescribing the guidelines for the transfer and implementation of DENR functions;
the following Manual of Procedures is hereby promulgated to effectively implement devolution of
forest management functions and enhance partnership between the LGUs and the DENR.
Subject to the general policies on devolution as contained in RA 7160 and DENR Administrative
Order No. 30, Series of 1992, the following basic policies shall govern the implementation of DENR-
DILG-LGU partnership on devolved and other forest management functions:
1.1 The Department of Environment and Natural Resources (DENR) shall be the primary
government agency responsible for the conservation, management, protection, proper use
and sustainable development of the country’s environment and natural resources.
1.2 The LGUs shall share with DENR the responsibility in the sustainable management and
development of the forest resources within their territorial jurisdiction. Toward this end, the
DENR and the LGUs shall endeavor to strengthen their collaboration and partnership in forest
management.
1.3 Comprehensive land use and forest land use plans are important tools in the holistic and
efficient management of forest resources. Toward this end, the DENR and the LGUs together
with other government agencies shall undertake forest land use planning as an integral activity
of comprehensive land use planning to determine the optimum and balanced use of natural
resources to support local, regional and national growth and development.
1.4 To fully prepare the LGUs to undertake their shared responsibilities in the sustainable
management of forest land resources, the DENR, in coordination with DILG, shall enhance the
capacities of the LGUs in the various aspects of forest management.
Initially, the DENR shall coordinate, guide and train the LGUs in the management of the devolved
functions. As the LGUs’ capacity in forest management is enhanced, the primary tasks in the
management of devolved functions shall be performed by the LGUs and the role of the DENR
becomes assistive and coordinative.
1.5 To further the ends of local autonomy, the DENR in consultation with the LGUs shall devolved
additional functions and responsibilities to the local government units, or enter into agreements
with them for enlarged forest management and other ENR-related functions.
Section 2. Objectives
2.1 Operationalize and make effective the devolution of forest management functions from the
DENR to the LGUs as contained in Republic Act 7160 and DENR Administrative Order No. 30,
Series of 1992.
2.2 Strengthen and institutionalize DENR-DILG-LGU partnership and cooperation on devolved
and other forest management functions.
2.3 Serve as reference for the DENR, DILG and the LGUs in the implementation, monitoring and
evaluation of devolved and other forest management functions.
The pertinent provisions of RA 7160 (Local Government Code of 1991) providing for the
devolution of forest management functions from the DENR to the LGUs are cited below.
“SECTION 17. Basic Services and Facilities. (a) Local government units shall endeavor to be self-
reliant and shall continue exercising the powers and discharging the duties and functions currently
vested upon them. They shall also discharge the functions and responsibilities of national agencies
and offices devolved to them pursuant to this Code. Local government units shall likewise exercise
such other powers and discharge such other functions and responsibilities as are necessary,
appropriate, or incidental to efficient and effective provision of the basic services and facilities
enumerated therein; (b) Such basic services and facilities include, but are not limited to, the following:”
Section 4. Definitions
4.1 Communal forest refers to a tract of forest land set aside by the Secretary of the DENR upon
the recommendation of the concerned LGU for the use of the residents of a municipality/city.
Said residents may cut, collect and remove forest products for their personal use in accordance
with existing laws and regulations and subject to the provision that utilization of resources
therein shall be in accordance with sustainable development. For this purpose, the concerned
LGU with the assistance of the DENR shall prepare sustainable operations plan prior to any
utilization.
4.2 Community Environment and Natural Resources Office (CENRO) refers to the DENR Office,
headed by a Community Environment and Natural Resources Officer Appointed by the Secretary
of DENR, which is responsible for the implementation of DENR policies, programs, project
and activities and the enforcement of ENR laws and regulations in the community level.
4.3 Community Based Forest Management Program refers to the program involving local
communities which integrates and unites the Integrated Social Forestry Program (ISFP),
Forestry Sector Program, Forestry Sector Project, Forest Land Management Agreement
Program (FLMP), Community Forestry Program (CFP), Ancestral Domains Management
Program (ADMP) and other people oriented forestry projects.
4.4 Community watershed areas refer to forest lands set aside by the Secretary of the DENR
upon the recommendation of the concerned LGU as sources of water supply for specific local
communities subject to the provision that the utilization thereof shall be in accordance with
sustainable development.
4.5 DENR refers to the Department of Environment and Natural Resources.
4.6 DENRO refers to Deputized Environment and Natural Resources Officer with power and
authority as provided for by law and spelled out in the deputation.
4.7 DILG refers to the Department of the Interior and Local Government.
4.8 Devolution refers to the act by which the national government confers power and authority,
upon the various LGUs to perform specific functions and responsibilities.
4.9 Environment and Natural Resources Officer (ENRO) refers to the LGU official who may be
appointed by the concerned Local Chief Executive and who shall be directly responsible for
the Planning and implementation of the devolved DENR functions.
4.10 Foreign-assisted projects refer to DENR projects that are wholly or partially funded from foreign
sources.
4.11 LGU refers to Local Government Unit either at the barangay, municipal, city or provincial level.
4.12 Provincial Environment and Natural Resources Office (PENRO) refers to the DENR office,
headed by the Provincial Environment and Natural Resources Officer appointed by the Secretary
of the DENR, which is responsible for the implementation of DENR policies, programs and
projects in the province.
Section 5. Forestry Management Programs, Projects and Function of the DENR which have
been Devolved to the Local Government Units
5.1.1 The enforcement of the laws, rules and regulations in community based forestry project
areas, community watersheds and communal forests.
5.2.1 The implementation, management, development of and the responsibility for the
sustainability of the community based forestry projects and activities are now devolved
to the municipalities here they are located.
5.2.2 The following projects and activities, therefore, are now part of the functions and
responsibilities of municipalities to which the have been devolved:
(a) Integrated Social Forestry Projects, except at least one project per province, which
has been previously identified as Centers for People Empowerment in the Uplands
and/or Community Training Centers. However, notwithstanding such retention
by the DENR, the management implementation and monitoring of the same shall
be with the participation of the LGUs with the aim of strengthening the capacity of
the LGUs to manage the devolved ISF Projects. when the situation so warrants,
the DENR Secretary may finally devolve all ISF Projects to the municipalities
through MOAs with the LGUs;
(b) Establishment of new regular reforestation projects, except in areas located in
protected areas and critical watersheds;
(c) Completed family and community based contract reforestation projects whether
regularly funded or foreign funded or foreign fund subject to the policies and
procedures of the DENR , except in areas located in protected areas and critical
watersheds;
(d) Management and supervision of areas for forest lands covered by FLMAs;
(e) Community Forestry Projects; and
(f) The management, protection rehabilitation and maintenance of communal forests
and community watershed areas that are sources of local water supply.
5.2.3 The conservation of mangroves has been devolved to the municipalities. Pursuant to
RA 7161 however the cutting of mangrove species is not allowed. The municipalities
therefore should conserve the mangrove areas under the category of protected areas
status.
5.3.1 The functions and responsibility of implementing the forestry projects within the territorial
jurisdiction of cities are now devolved to the respective cities. These projects are
those listed above as having been devolved to the municipalities.
5.3.2 The functions and responsibility of enforcing forestry laws, rules and regulations within
community based project areas, community watershed areas and communal forest
that are located within the territorial jurisdiction of the cities are now devolved to the
respective cities.
5.4.1 There are no forest management functions and responsibilities that have been devolved
to the barangays.
5.4.2 In spite of the absence of devolved forest management functions to the barangays,
barangays play important roles in protecting the forests as well as in rehabilitating
degraded forest lands within or near their territorial coverage.
5.4.3 Barangay officials may be designated or deputized by the DENR as DENROs subject
to specific rules and regulations to perform environmental functions, including forest
protection upon prior consultation with the local chief executives.
Section 6. Institutional Mechanisms for the Supervision and Monitoring of the DENR-DILG-
LGU Partnership on Devolved and other Forest Management Functions
At the end of the workshops, the participants shall pass a resolution embodying the various
agreements arrived at. Said resolution, strategic plan and the National Steering Committee
through the National Technical Working Group for consideration.
7.4 Documentation of Forest Management Projects and Functions Devolved to the LGUs
Forest management projects and functions devolved from the DENR to the LGUs shall
be fully documented. Documentation shall include among others a Memorandum of Agreement
on projects and functions devolved, personnel, equipment and other resources so transferred
from the DENR to the LGU and acceptance of the same by the LGU.
The DENR Officer authorized to enter into MOA with the LGU on devolved forest
management functions and projects shall be as follows:
for forest areas up to 1,000 has CENRO
more than 1,000 has up to 5,000 has PENRO
more than 5,000 has up to 15,000 has RED
more than 15,000 has up to 30,000 has Undersecretary for Field Operation
more than 30,000 has Secretary
Section 8. Specific Guidelines and Procedures for the Effective Implementation of Devolved
Forest Management Projects and Functions
(a) DENR through its regional, provincial and community field offices shall consult
and coordinate with concerned provincial, municipal or city governments for their
participation in the implementation of CBFM projects in their respective territorial
jurisdiction.
(b) Formulation of action plans for CBFM that will include, among others:
1. Definition of specific roles/responsibilities of DENR and concerned LGUs
consistent with DENR DAO 96-29 and other pertinent rules and regulations;
2. Creation of teams composed of representatives from both offices to undertake
the various phases of CBFM;
3. Commitments of financial and other resources needed in CBFM
implementation;
4. Monitoring and evaluation system;
5. Schedule of activities.
(c) DENR-LGUs Phase-out plan for project management.
8.3 Reforestation
Reforestation projects such as new reforestation projects and completed family and
community-based contract reforestation project and regular reforestation projects may be
devolved to the LGUs. Such devolution shall be effected by a MOA between the DENR and
the concerned LGU.
8.6 Establishment and Management of Forest or Tree parks, Greenbelts and other Tourist Attractions
Pursuant to the mandate of RA 7160 requiring cities and municipalities to provide for the
establishment, maintenance, protection, and conservation of tree parks, greenbelts, mangroves
and similar forest development projects, the procedures laid down under Sections 8.4 and 8.5
shall be followed where the forest park, tree park, greenbelt and other tourist attraction fall
within forest lands.
9.2 Joint DENR-LGU Annual Planning and Budgeting for Forest Management
The DENR shall involve the participation of the LGUs in the formulation of annual plans
and budgets pertaining to forest management. The LGU shall likewise involve the participation
of the DENR in the preparation of its annual plan particularly in the area of forest management.
Any provision of DENR and DILG Administrative Orders, Memorandum Circulars or other
issuances not consistent herewith are hereby repealed or modified accordingly.