Community-Based Program in Protected Areas
Community-Based Program in Protected Areas
Community-Based Program in Protected Areas
Page No.
SUBJECT : Revised Guidelines on the Establishment
Administrative Order and Management of Community-Based
No. 2004-32 2-9 Program in Protected Areas
Towards this end, the Department would provide tenured migrant communities
and interested indigenous peoples within protected areas and buffer zones,
tenure over established CBP areas, provided that the activities to be undertaken
are consistent with the Protected Area Management Plan (PAMP).
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CBP area - portion of the allowable zones of the protected area and buffer additional sites for inclusion in the NIPAS, the reckoning period shall be from the
zones where the CBP can be undertaken consistent with the PAMP. issuance of the Presidential Proclamation establishing the site as a protected
area.
Community Resource Management Plan (CRMP) - the plan of the
Protected Area Community Based Resource Management Agreement Restoration - an activity which includes the planting of indigenous and/or
(PACBRMA) Holder on how to manage and benefit from the resources in the endemic plant species in a specific area within the protected area or buffer zone
CBP area on a sustainable basis with the objective of returning back as much as possible the original vegetation
type.
Integrated Protected Area Fund (IPAF) - a trust fund established for purposes
of financing projects of the NIPAS. Watershed – all areas proclaimed, designated or set aside, pursuant to a law,
presidential decree, presidential proclamation or executive order as watershed
Mangrove reserves - areas covered under Proclamation No. 2152 (Declaring before the effectivity of the NIPAS Act.
the entire province of Palawan and certain parcels of the public domain and/or
parts of the country as Mangrove Swamp Forest Reserve) and all other areas Section 3. Scope and Coverage - The Community-Based Program shall be
proclaimed, designated or set aside, pursuant to a law, presidential decree, established to provide opportunities to organized tenured migrant communities
presidential proclamation or executive order before the effectivity of the NIPAS and interested indigenous peoples to manage, develop, utilize, conserve and
Act. protect the resources within the protected area and its buffer zone. The tenure
instrument shall be issued only within multiple use, sustainable use and buffer
People’s Organization - a group of organized tenured migrant communities zones. The organized tenured migrant communities may engage in protection
and/or interested indigenous peoples which may be an association, cooperative, and restoration activities in other allowable zones consistent with the PAMP.
federation, or other legal entity, established to undertake collective action to
address community concerns and needs, and mutually share the benefits of the Section 4. Creation of the PAMB-CBP Committee. The Protected Area
endeavor. Management Board (PAMB) shall create a PAMB-CBP Committee which shall
handle all matters relating to the Community Based Program. The Committee
Prior Vested Rights - acknowledged claims, privileges, prerogatives, or shall be composed of Regional Technical Director (RTD) for Protected Areas,
ownership over land or natural resources to which one is entitled to by reason or Wildlife and Coastal Zone Management Service (PAWCZMS) of the DENR as
law, license, contract, or tradition. chair, with members from the Local Government Unit/s concerned and selected
PAMB members. They shall be appointed by the Regional Executive Director
Protected Area Community Based Resource Management Agreement (RED) concerned.
(PACBRMA) - an agreement entered into by and between the DENR and the
organized tenured migrant communities or interested indigenous peoples in Section 5. Stages of the CBP implementation. There are four stages in the
protected areas and buffer zones which has a term of twenty-five (25) years and establishment and management of a Community-Based Program in Protected
renewable for another twenty-five (25) years. Areas. They are the (1) preparatory stage; (2) People’s Organization formation
and provision of security of tenure ; (3) planning stage; and (4) implementation
Protected Area Management Plan (PAMP) - refers to either the Initial stage.
Protected Area Plan (IPAP) or the General Management Plan 9GMP) which
contain the rationale for the protected area establishment; proposed boundaries 5.1 The Preparatory Stage. It involves a generating awareness for the
including buffer zones; and designation of management zones, including buffer program, forming a strategic collaboration of all sectors concerned and
zones, with purposes, strategies and allowable uses. identification of the CBP areas.
Tenured Migrant Communities - group of persons who after the survey of the 5.1.1 Information, Education and Communication Campaign (IEC).
protected area occupants were verified to have been actually and continuously The RTD for PAWCZMS, as lead Community Environment and Natural
occupying a portion of the protected area for a period of at least five (5) years Resources Officer (CENRO) and Protected Area Superintendent (PASu)
before the establishment of the same as such in accordance with the NIPAS Act shall conduct IEC to inform, educate and acquire support from sectors
and are solely dependent therein for subsistence. For the initial components of concerned on the CBP. They shall undertake a continuing systematic
the NIPAS, the reckoning period of 5 years shall be June 1, 1992 and for orientation of the local communities, local government units, local units of
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relevant government agencies, civil society organizations and financing 5.2.2 Tenurial Instrument. The Protected Area Community-Based
institutions on CBP matters. Resource Management Agreement (PACBRMA) shall be the tenurial
instrument to be issued to the PO in all NIPAS sites, additional and
5.1.2 Institutional Linkages. The RTD for PAWCZMS, as lead, initial components. The PACBRMA shall provide tenurial security and
CENRO and PASu shall promote the active participation of various incentives to develop, utilize, manage, conserve and protect CBP areas
agencies and organizations to meet the objectives of the CBP. They pursuant to the approved Community Resource Management Plan.
shall give high priority in establishing and forming partnerships among
agencies and organizations, both public and private. Rights and responsibilities agreed to in the contract shall remain in effect
during the term of the agreement until its expiry date, unless otherwise
5.1.3 Identification of CBP Areas. The PAMB with the PASu shall modified, rescinded or amended by agreement of the parties.
identify CBP areas within the allowable zones of the protected area and
buffer zone using as bases the results of the Survey and Registration of 5.2.3 Application, processing, and approval of the PACBRMA.
Protected Area Occupants (SRPAO), Resource Basic Inventory (RBI) The PO shall submit its application for a PACBRMA to the PASU. The
and Protected Area Management Plan (PAMP). The PAMB, through the following requirements shall be submitted.
PASu, shall submit the identified CBP areas to the RTD for PAWCZMS.
The latter shall prepare a preliminary map delineation of the CBP sites a. Accomplished application form;
using the protected area map with management zones and submit it to b. Certificate of Registration of the PO;
RED, for approval, ten working days upon receipt of the documents. c. List of officers or in the case of indigenous people, list of council
of elders or other similar indigenous governing body in the area.
5.1.4 Processing of Conflicting Claims. Adverse claimants of any d. List of members, including address and complete name of
party alleging conflicting claims over the identified CBP area, or portions spouse, if any, and certified by PAMB as qualified tenured
thereof, shall file their complaints before the RED. migrants; and
e. Resolution from the members of the PO allowing its president or
The RED shall create an arbitration group with the RTD for PAWCZMS head to file the PACBRMA application or in the case of
as chairperson to hear and receive proof of conflicting claims. The group indigenous peoples, proof of consent from the council of elders
shall have thirty (30) days after receipt hereof to prepare a report of their or other similar indigenous governing body of their interest to
findings and recommendations and shall submit the same to the RED. apply for the PACBRMA.
The RED shall render his/her decision within fifteen (15) days from the
receipt of the report. PAWB shall prepare and disseminate to the RED the prescribed format of the
requirements for the PACBRMA application, five (5) working days after the
5.2 The People’s Organization (PO) Formation and Provision of Security approval of this Order.
of Tenure. This is the stage wherein tenured migrant communities and
interested indigenous people’s are assessed and organized as to their Upon submission of the requirements, the PASu shall fully explain to the PO the
potential in resource management and may be provided with the tenurial provisions of the PACBRMA.
instrument. The result of the SRPAO and the certification of the PAMB of
the tenured migrants shall be the bases for the selection of the members He/She shall review the application and other requirements and endorse them to
for the People’s Organization. the PAMB within fifteen (15) working days upon receipt hereof. Within thirty (30)
working days upon receipt of the PACBRMA application, the PAMB through the
5.2.1 PO Formation. The PASu, as the lead, the CENRO, the LGU CBP Committee; shall convene and discuss with the PO the terms and
concerned and NCIP (if there area indigenous peoples involved) shall conditions of the Agreement and through a resolution, endorse the same to the
assist the tenured migrant communities and interested indigenous red.
peoples in the formation of the people’s organization (PO). The PO to
be formed shall be assisted in accomplishing the requirements and 5.2.4 Approving authority. The RED shall complete the review of the
registration with the Securities and Exchange Commission, Cooperative PACBRMA application endorsed by the CBP Committee within three (3)
Development Authority (CDA), or other registering agency. working days upon receipt hereof. If found meritorious he/she shall
approve the application with the area not exceeding 15, 000 hectares.
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The RED shall endorse to the Secretary through Protected Areas and The RED through the RTD for PAWCZMS shall take the lead in the monitoring of
Wildlife Bureau (PAWB) the PACBRMA application with more than the implementation of such CBFMAs and the provision of technical assistance, in
15,000 hectares. close coordination with the Forestry Management Service. Moreover, he/she
shall inventory all existing Protected Areas-Community Based Forest
For control purposes, the PACBRMA shall be numbered as follows: Management Program activities and determine their status.
Region – Acronym of the protected area – Year of Issuance – Agreement
Number. The numbering should be continuous with the protected area Section 7. Monitoring and Evaluation. The PAMB, through the PASu and in
concerned. coordination with the CENRO concerned, shall monitor the compliance of the
terms and conditions of the PACBRMA. The PASu shall submit biannual reports
5.3 The Planning Stage. After the issuance of the PACBRMA, the PO to the Regional Office on the CBP implementation in the protected area.
(PACBRMA Holder) shall prepare the CRMP. The CRMP shall describe the
PO’s long term vision, aspirations, commitments and strategies for protection, The Regional Office, through the RTD for PAWCZMS, shall undertake periodic
rehabilitation, development and sustainable utilization of the resources within the monitoring and evaluation in the implementation of the CBP in pprotected areas
protected area. within its jurisdiction. The RED shall submit biannual report to the Secretary,
through PAWB, on the implementation of the Program.
5.3.1 Preparation of the CRMP. The PASu and CENRO shall assist
the PO (PACBRMA holder) in the preparation of the CRMP. The CRMP The PAWB shall monitor and evaluate the national CBP implementation of the
shall be consistent with the PAMP and other relevant policies, rules and DENR to identify issues and lessons learned; draft policies, guidelines and
regulations. procedures on CBP and develop and maintain Program database.
In case the CRMP includes resource extraction a 5 – year plan of Section 8. Termination or Cancellation of the PACBRMA. The grounds for
activities shall be prepared. The indigenous peoples have the option to termination or cancellation of the Agreement shall be as follows.
prepare an Ancestral Domain Sustainable Development and Protection
Plan (ADSDPP) in lieu of the CRMP. a. Neglect or violation of the terms and conditions of the Agreement, after being
notified in writing within one (1) month by the RED on behalf of the PAMB.
The PAWB shall prepare the procedure on the preparation of the CRMP b. Violation of environment and natural resources laws, rules and regulations.
within thirty (30) working days from the effectivity of this Order. c. Conversion of the CBP area or portions thereof, to other uses not authorized in
the Protected Area Management Plan; and;
d. When the national interest so requires as determined by the DENR Secretary.
5.3.2 Affirmation of CRMP. The PAMB shall endorse the CRMP to
The RED shall constitute an investigation team to be chaired by the RTD for
the RED for affirmation. The affirmation shall confirm that it has been
PAWCZMS for the purpose. During the investigation of any of the
prepared in a participatory manner, active participation of the DENR, and
aforementioned grounds., the RED may suspend the Agreement.
approval of the plan.
In case a PACBRMA has been nullified, all improvements and development in
5.4 Implementation Stage. This stage shall implement the CRMP and the
the area shall be turned over to the PAMB.
5-year plan of activities; enhance organizational and institutional
capacities; ensure economic viability of resource management activities;
Section 9. Fund Allocation The DENR shall allocate the necessary fund for
ensure the flow and equitable benefits to PO members; ensure the
the implementation of this Order. All fees to be collected by the DENR from the
build-up of capital by the PO for sustainability.
CBP implementation shall accrue to the Integrated Protected Area Fund.
Section 6. Community-Based Forest Management Agreement (CBFMAs)
Section 10. Separability Clause If any part or section of this Order is held
Issued in Protected Areas. For proclaimed watersheds and mangrove reserves
invalid, all other provisions, parts or sections not affected thereby shall remain in
with CBFMAs, their implementation shall continue. Provided, that the resource
force.
utilization shall conform with the Protected Area Management Plan (PAMP)
Section 11. Repealing Clause. This Administrative Order modifies DAO No.
96-29 or the Implementing Rules and Regulations of Executive Order No. 263 in
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so far as protected areas are concerned and repeals DAO No. 200-44 and DAO
2002-02. All other orders, memoranda and circulars which are inconsistent
herewith are likewise revoked or amended accordingly.
Section 12. Effectivity. This Order shall take effect immediately after its
publication in a national newspaper of general circulation. Republic of the Philippines
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
OFFICE OF THE REGIONAL EXECUTIVE DIRECTOR
REGIONAL OFFICE NO. _______
_______________________________________________________________
PUBLISHED: September 10, 2004
Name of Protected Area
Malaya, page 3.
______________________________________________________________
Name of PACBRMA Holder
(People’s Organization)
______________________________________________________________
Location of CBP Area/s: (Purok/Sitio, Barangay, Municipality, Province)
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indigenous people who opt to participate in the community based projects within
protected areas;
This AGREEMENT made and entered into by and between:
WHEREAS, the Protected Area Management Board (PAMB) of ________(Name
The Department of Environment and Natural Resources, for and in behalf
of the Protected Area)___ endorses the PACBRMA of __________(Name of
of the Republic of the Philippines, herein represented by its People’s Organization____________ with attached specifications of the
_________________________ with Office address at designated CBP area, through PAMB Resolution No. ___________dated
_____________________________ and herein after referred to as the DENR; __________.
2.1 The DENR shall: 2.2.4 Formulate and implement an agreed equitable benefit-sharing
scheme/s among its members.
2.1.1 Grant exclusive rights to occupy and use the designated
PACBRMA area covered by the CBP, subject to prior vested 2.2.5 Pay the requires charges and other imposed resource use fees
rights and existing laws, rules and regulations whether local or which shall accrue to the Integrated Protected Area Fund;
national, those by the concerned, Protected Area Management
Board (PAMB). Provided that the use of products therein by the 2.2.6 Enter into an agreement with government entities, private sector
community shall be contained in the CRMP and consistent with or civil society for developmental activities endorsed by the
the allowable human activities of the particular protected area PAMB and consistent with the Protected Area Management Plan
category. and the CRMP, and;
2.1.2 Provide technical assistance to the PACBRMA Holder as part of 2.2.7 May execute an assignment, designation or allocation only
the DENR regular operations, more particularly in the conduct of among its individual members, families or groups, thereof, who
resource assessment, inventory, preparation, updating and are likewise qualified tenured migrants under the Republic Act.
sourcing of funding assistance, among others for the effective No. 7586. All such assignments, designation or allocation shall,
implementation of the CRMP. however, be subject to this PACBRMA and must comply with all
pertinent environmental laws, rles and regulations.
2.1.3 Deputize PACBRMA members as Deputy Environment and
Natural Resources Officers upon the request of the concerned 3. OTHER CONDITIONS
People’s Organization and/or PACBRMA Holder pursuant to
existing laws, rules and regulations; 3.1 The DENR shall give exclusive rights to the PACBRMA Holder in
obtaining the permit to extract, utilize and dispose any allowed
2.1.4 Inform and consult concerned PACBRMA Holder on projects to non-timber forest products such as but not limited to rattan,
be implemented in its designated area; and bamboo, vine, fruit and tannin and timber from trees planted by
the Holders themselves that are found within PACBRMA area,
2.1.5 In collaboration with the PAMB, monitor and evaluate on a other than those covered by the CRMP, subject to prior rights
periodic basis the implementation of the CBP and its compliance and existing laws, rules and regulations. Provided that no cutting
with the terms and conditions set thereof in this Agreement. of naturally grown trees shall be allowed.
2.2 The PACBRMA Holder shall: 3.2 All rights, interests and activities of the PACBRMA Holder within
the CBP areas shall be governed by the principles of biodiversity
2.2.1 Immediately assume responsibility for the protection of the entire conservations and sustainable development.
CBP area against illegal activities under Republic Act No. 7586
and other related environmental laws; 3.3 All plans, policies and guidelines affecting the CBP areas
subsequent to the signing of this Agreement shall be mutually
2.2.2 Observe all duly promulgated laws, rules and regulations developed by the contracting parties with the endorsement of
pertaining to protected areas management and other related PAMB.
environmental laws;
3.4 In the event that the terms and conditions of the PACBRMA
2.2.3 Prepare and implement the CRMP with the assistance of the should be modified of this Agreement be rescinded in part or in
DENR through the Protected Area Superintendent Office, whole, in the interest of the public, general welfare, biodiversity
CENRO, PAMB and concerned offices/agencies, consistent with protection and sustainable development, the PACBRMA Holder
shall be entitled to just compensation equivalent to the value of
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all improvements introduced therein such as plants, soil and During the investigation of any of the aforementioned grounds, or in the
water conservation measures provided, however, that there interest of the protected area, the Secretary or the concerned approving
should be no fault and/or negligence on the part of either both authority may suspend the Agreement pending review within a
parties. The affected participants shall then be entitled to reasonable period but not to exceed three (3) months.
harvest and/or remove such improvements consistent with
existing policies. After complying with the minimum requirements of procedural due
process, the PAMB, upon recommendation of the CBP Committee or any
3.5 (Provision for additional condition/s but must be consistent with investigation committee created for the purpose, may in turn recommend
thePAMP) to the Regional Executive Director cancellation/amendment of the
___________________________________________________ PACBRMA. In such case, all improvement and development in the area
shall revert to the jurisdiction of the protected area.
___________________________________________________
7. FORCE MAJEURE
4. DURATION OF THE AGREEMENT In case of force majeure affecting the performance of the PACBRMA
Holder, the latter shall give notice to the DENR within thirty (30) days
This Agreement shall, have a term of twenty-five (25) years counted from the occurrence of such event, including a statement describing the
from the date this instrument is executed and notarized and be force majeure and its effect upon the PACBRMA Holder’s ability to
eligible for renewal thereafter for an additional twenty-five (25) years perform the conditions of this Agreement. The parties shall then meet
subject to the endorsement of the PAMB and upon compliance by discussing the actions to be taken within ten (10) days after such notice,
the PACBRMA Holder with the terms and conditions of this as provided under existing laws, rules and regulations.
Agreement, and pertinent laws, rules and regulations.
8. PENALTY CLAUSE
5. RESOLUTION OF DISPUTES
In the event of default in any of the above undertaking by the PACBRMA
Any dispute among the parties, arising form or related to the Holder, nothing herein shall preclude the DENR from resorting to such
provisions of this Agreement shall be settled by arbitration, through judicial remedies, civil or criminal, to which it is entitled under existing
an investigation by the arbitration team. laws, rules and regulations.
6. TERMINATION AND AMENDMENT OF PACBRMA NOW THEREFORE, the Parties hereby signify their agreement to the
foregoing provisions by affixing their signature hereunder on this
This Agreement may be terminated or cancelled based on any of the _______day of_________
following grounds: in ____________, Republic of the Philippines.
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Certification of Membership Form (PACBRMA)
__________________________________________
HEAD OF ORGANIZATION
(Print Name and Signature)
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