DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES

COMMUNITY ENVIRONMENT & NATURAL RESOURCES OFFICE

Government Center, Brgy Candahug, Palo Leyte
Tel. No. 888-1219

CENRO PALO
BRIEFER
By:

Forester Carolyn L. Ala

Forester-II
CENRO Jurisdiction

1 Leyte Province
2 Congressional Districts
1 Tacloban City
20 Municipalities
853 Barangays
883,773 Population
(2015 Census of Population)
CENRO Palo Land Classification

45,872.74
198,991.50 hectares hectares
Total Land Area
Forestland (23.05%)

150,905.32
hectares 2,213.44
Alienable and hectares
Disposable Lands Mangrove (1.11%)
(75.84%)
CENRO Palo Tenurial
Instruments
CBFMA
Community Based Forest
Management Agreement
14 holders
8,521.10
hectares
SLUP
Special Land Use Permit
SIFMA
Socialized Industrial Forest 5 holders
Management Agreement

1 holder
5,616.60 hectares
380.70 hectares
(2015 CENRO Palo Statistics)
 Tenure Instruments issued by the DENR
Gratuitous Special Use Permit (GSUP)
Special Land Use Permit (SLUP)
Integrated Forest Management Agreement (IFMA)
Socialized Industrial Forest Management Agreement (SIFMA)
Community-Based Forest Management Agreement (CBFMA)
Forest Landuse Agreement –Tourism (FLAgT)
Forest Landuse Agreement (FLAg)
 Tenure Instruments issued by the DENR

Tree Farm Lease Agreement (TFLA)

Protected Area Community-Based Resources Management
Agreement (PACBARMA)
 Special use Agreement within Protected Area (SAPA)
 Mineral Production Sharing Agreement (MPSA)

Forestland Grazing Management Agreement (FLGMA)

 Gratuitous Special Use Permit (GSUP)

• DAO 2022-01 – Guidelines in granting government agencies

Gratuitous Permits for the Special Uses of Forest Lands

It covers all Gratuitous Special Use Permit (GSUP) applications

for special land uses or projects that are non-profit and of
national interest, as well as the infrastructures for public service
and use to be implemented and/or being managed by NGAs and
LGUs.
 Objectives of DAO 2022-01

• Ensure that government agencies partaking in the

development of government-managed projects of national
interest and infrastructures for public use within forest
lands are appropriately granted with a permit which is
gratuitous in concept and in conformity to government
plans and standards.
 Definition of Terms

• Gratuitous Special Use Permit (GSUP)– a 5-year permit authorizing a

head of a government agency and/or local chief executive to use certain
portions of forest lands free of charge for the development of government-
managed projects of national interest and infrastructures for public service and
use, and non-commercial projects of GOCCs.
• Initial Environmental Examination (IEE)– the document required of
proponents describing the environmental impact of, and mitigation and
enhancement measures for, projects or undertakings located in an
Environmentally Critical Area (ECA).
 Definition of Terms
• Projects of National Interest– refers to identified projects that are to be
implemented and/or being managed by the government.

• Infrastructures for public service and use – refers to infrastructure projects

intended for public service and use such as roads, bridges, schools,
hospitals, health centers, flood control facilities, water reservoir or
impounding dam and its related facilities, air strip, landing site, harbor,
public market, public plazas, and evacuation site.
 Applicants’ Qualification

Head of government agency or its duly authorized

representative

Local Chief Executive at the municipal, city or provincial level

duly authorized by the local legislative bodies
 Application Requirements

• Letter of Intent
• Certification as to the land classification of the area being applied
for GSUP to be issued by DENR
• GIS-generated map of the area
• Appropriate certification from the National Commission on
Indigenous Peoples
• Indicative Management Plan (IMP)
 Application Requirements

• Proof of budget allocation for the development and management

of the project
• Agency resolution or authorization designating the authorized
representative of the national government agency/ies and other
relevant agencies to officially apply with the DENR regarding
gratuitous permit acquisition.
• Local Government Unit (LGU) endorsement (in case the
applicant is an NGA)
 Application Requirements

• Resolution authorizing the local Chief Executive to apply for

gratuitous special use permit (in case the applicant is an LGU)

• In case of LGUs, a proof that proposed project is indicated in

the Forest Land Use Plan (FLUP) and within the ambit of the
approved Comprehensive Land Use Plan (CLUP)
 Processing and Approval

 Government agencies and LGUs must file the duly

accomplished form with the corresponding documentary
requirements prescribed by the CENRO/Implementing
PENRO and the proponent to pay the amount of P3,000.00 per
application to cover administrative costs.

 CENRO/Implementing PENRO shall conduct an assessment

and evaluation of the area being applied.
 Processing and Approval

 LPDD & SMD of the RO shall prepare the GSUP, its

corresponding terms and conditions and final map

 RED shall approve the map of the GSUP area and GSUP
including its terms and conditions. In case the project
traverses two (2) or more regions, GSUP as well as its terms
and conditions shall be approved by USEC for Field
Operations.
 Processing and Approval
 Proponents who will implement such projects, shall jointly file
the GSUP application and submit the corresponding
documentary requirements to the concerned RO with
jurisdiction over the majority of the area to be covered by the
project. A joint review of the application and its supporting
documents shall be conducted to be chaired by the concerned
RED. REDs shall endorse the same for the
approval/disapproval of USEC.
 GSUP DURATION

• GSUP shall have a maximum non-renewable term of five (5)

years for the construction of (a) roads and bridges and (b)
construction and operation of schools, hospitals, health
centers, flood control facilities, water reservoir or impounding
dam and its related facilities, air strip, landing site, harbor,
public market, public plazas and evacuation site.
•
 Application for Presidential Proclamation (PP)

• All national government agencies and LGUs with approved

GSUP for the construction and operation of infrastructure
projects or facilities for public service and use, other than
roads and bridges, shall apply for the issuance of PP within
one (1) year from the issuance of GSUP to ensure effective
management and sustainability of the infrastructure and
facilities and its long-term use of the area where the same
exists. In case of failure to secure a PP within the duration of
GSUP, the permittee shall apply for FLAg pursuant to DAO
2004-59.
Environmental Impact Assessment (EIA) Requirement

The permit holder, within three (3) months or based on

prescribed schedule of EMB upon issuance of the
GSUP, shall secure an ECC from the EMB, copy of
which shall be submitted to the DENR Regional Office.
 Terms and Conditions of the GSUP

The area granted in this permit is a public forest land based on

existing records, and shall not be involved in any private
transactions;
The annual government share or user’s fee is waived in favour
of the Permittee;

The permittee shall: (a) comply with the laws, rules and
regulations and instructions now or hereinafter enforced for the
proper use of the land;
 Terms and Conditions of the GSUP

• (b) respect any legal prior claims;

• (c) conserve the corners and boundary lines of the area;
• (d) protect any wetlands such as spring, waterfalls,
peatlands, swamps lake and marshes or
natural/historical/archeological sites in the area;
• (e) report to the nearest local forest officer (s) all forest
violations in the area and adjacent lands;
 Terms and Conditions of the GSUP

and (f) submit a year-end report, not later than March 30 of the
succeeding year to the concerned RED thru CENRO/PENRO the
kind, number and value of improvement (s) introduced in the area,
among others;
The area granted in this Permit shall be for public service and use.
As such, The Permittee shall: (a) not appropriate for
himself/herself exclusive use of public trails traversing or adjoining
the area or impede the use thereof by the public; (b) not sublease
the area or any portion thereof; and (c) protect and conserve
threatened wildlife identified under existing rules and regulations;
Terms and Conditions of the GSUP

A separate permit shall be secured by the Permittee should

tree cutting be necessary. However, no tree, regardless of
species, shall be cut in the permitted area if found within forty
(40) meters from banks of rivers, creeks or streams, buffer
strips and shorelines. In case the said 40-meter strip is bereft
of trees, the same shall be rehabilitated by the Permittee;
Terms and Conditions of the GSUP

The Permittee shall strictly observe the terms and conditions

of the ECC. In case the Permittee will conduct periodic
rehabilitation of the infrastructures or introduce new
appurtenances within the GSUP area, the same shall secure an
appropriate clearance from the EMB for the purpose and
submit the clearance to the concerned DENR Regional Office
prior to such undertakings thereof;
 Terms and Conditions of the GSUP

The Permittee shall protect the permitted area from forest fires and
other forms of forest destruction and eventualities;

Non-use of the area within six (6) months after it is granted will result
in the cancellation of the Permit except in cases of force majeure or
fortuitous events;
In case the area no longer serves the purpose as warranted under the
said Permit, the Permit shall be cancelled and the subsequent
management and administration of the affected area shall be assumed
by the DENR; and
 Terms and Conditions of the GSUP
In case the area no longer serves the purpose as warranted under
the said Permit, the Permit shall be cancelled and the subsequent
management and administration of the affected area shall be
assumed by the DENR; and
Violation or non-compliance of any of the terms and conditions
of the Permit or any environment and natural resources
management laws, policies, rules and regulations shall be
sufficient grounds for the cancellation of the GSUP without
prejudice to whatever legal action that maybe taken.
Special Land Use Permit (SLUP)

a privilege granted by the State to a person to temporarily

occupy, possess and manage in consideration of specified
return, any public forest lands for a specific use or purpose.
“Bridging tenure for FLAg (conversion) should there be a
need to extend the period of the project”.

Legal Basis : DAO 2004-59 and DENR Memorandum Order

10 April 2006
Special Land Use Permit (SLUP)

Area : depends upon the area requirement of the project

Duration : 3 years to be converted to FLAg

should there be a need to extend its validity

Application Fee : Php. 500.00/ application

Approving authority : Regional Executive Director

 Related Policies and Issuances

DENR Memorandum No. 148 dated 10 April 2006 (25 Year

Forestry Leases, Permits, Contracts and related Agreements.
DENR Memorandum No. 447 dated 17 October 2013 (Suspension
on processing and issuance of new and renewal of Special Land
Use Permits (SLUPs)
DENR Memorandum No. 537 dated 29 Nov. 2013
(Lifting of suspension in the issuance of SLUPs including (OLPs).
 Related Policies and Issuances
DENR Memorandum No. 118 dated 07 March 2013 (Processing
of Special Land-use Permits with Tree Cutting/Earth-balling.

DAO No. 2009-16 dated 25 November 2009(Non-issuance of

SLUP for tourism purposes.

DENR Memorandum from the Undersecretary for Field

Operations dated 16 May 2016
 Forest Landuse Agreement (FLAg)

-a contract between the government and a second party to

temporarily occupy, manage and develop in consideration of a
government share, any forestland of the public domain for
specific use.
Legal basis : DAO 2004-59 dated August 31, 2004
Area : depends upon the area requirement of the project
Duration : 25 years renewable for another 25 years
 Forest Landuse Agreement (FLAg)

Application Fee : Php. 500.00/application

Approving Authority : Regional Executive Director

Government Share/Annual Rental : at least five percent (5%) of
the most recent zonal value of the nearest commercial zone of the
barangay/municipality/city or province, whichever is higher.
Legal Uses of Forest lands

• . Drydock site/shipbuilding
• Bodega/Warehouse
• Industrial Processing Site
• Herbal/Medicinal Plantation
• Nipa plantation
• Fish Drying site
Other Lawful Purposes

• Ccommunication Station Site

• Water Reservoir or Impounding Dam
• Log Pond/ Log Depot Site

• Mining Waste Disposal Site

Performance Bond : Twice the annual rental or government
share, as the case maybe, but not less than Php. 10,000.00
Required Plan : 25 year Comprehensive Development and
Management Plan (CDMP)
Forest Landuse Agreement for Tourism (FLAgT)

-a contract between the government and a second party to

temporarily occupy, manage and develop in consideration of
a government share, any forestland of the public domain for
tourism purposes.

Legal basis :
DAO No. 2004-28 dated August 25, 2004
DAO 2009-16 dated. Nov. 25, 2009
• DMO 2011-02 dated. March 15, 2011
Area : depends upon the area requirement of the
project
Duration : 25 years renewable for another 25 years
Application Fee : Php. 500.00/application

Approving Authority : Regional Executive Director

Forest Landuse Agreement for Tourism (FLAg Purposes

• Bathing establishment
• Camp site
• Ecotourism
• Hotel site (inclusive of related resort facilities)
• Other tourism purposes
 Related Policy and issuances

Memo dated May 16, 2017

• Clarification of Existing guidelines relative to the issues
and concerns raised during the series of workshops on
forest tenure and permit re-orientation per DENR SO 2016-
263

• Clarification on the computation of performance bond for

FLAG and SLUP
Related Policy and issuances
Memo dated June 06, 2017

• Clarification on the inability of the applicants of FLAgT to submit

promptly the TDP prepared by the LGU and duly approved by DOT.

• Clarification on the validity of FAO 8-3 dated 1 July 1941 as

reference in the issuance of permit or agreement for the Special use
of forest lands vis-à-vis the existence of DAO No. 2004-28 dated 25
Aug. 2004 and DAO No. 2004-59 dated 31 Aug. 2004 which
governs the special uses of forest lands.
 Related Policy and issuances

• Clarification on the conduct of appraisal on the value of the land

and the improvements introduced thereon under lease agreement
or permit vis-à-vis the specific guidelines on Annual
Rental/Government Share Generation.

• Clarification on the implementation of projects of national interest

or public utilities within areas covered with CBFMA vis-à-vis the
issuance of waiver of rights of the tenure holder for the purpose
 Related Policy and issuances

• Inclusion of planted CBFM area under the NGP in the

community resource management framework.

• Memo dated June 28, 2017

• Composition of the committee that will facilitate the review of

the comprehensive development and management plans for
FLAg and FLAgT.
 PROCESS FLOW

• Accepts and reviews application and checks completeness of the documentary

requirements

• Conducts field investigation depending on the extent of the area

• Conducts timber inventory on the areas with timber stand where structures or
facilities will be constructed or established.

• Prepares map after completion of field work

• Endorses application and requirements to PENRO.

 Requirements for FLAG/FLAGT/SLUP
1. Application form duly accomplished

2. Application fee of P500.00 per application

Amount paid P _______________________
O.R. Number ________________________
Date paid ___________________________

3. Map of the area applied for, with technical description, coordinates (2) sets
of longitude and latitude and tie point from the nearest landmark.
 Requirements for FLAG/FLAGT/SLUP
• 4. Pertinent documents showing proof that the applicant is a legitimate entity qualified to
be a holder of a forestland tenurial instrument or agreement, as follows:
4.1 For an individual applicant, certified copy of birth certificate or, if
applicant is naturalized Filipino citizen, a certified copy of his/her Certificate of
Naturalization.
4.2 For an association, corporation, cooperative or partnership, certifie 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 said corporation, association or partnership to apply/ sign
documents for and in behalf of the company
Requirements for FLAG/FLAGT/SLUP

4.3 For an association or partnership, certified copy of

registration from the appropriate registration agency.
4.4 For cooperative, certified copy of certificate of registration
with the Cooperative Development Authority (CDA).

5. Comprehensive Development Management Plan (CDMP) for

FLAgT; Indicative Managemen Plan for FLAg
 Requirements for FLAG/FLAGT/SLUP

6. Environmental Impact Statement (EIS)/Initial Environmental

Examination (IEE) which shall be the basis for issuance of CNC/ECC
whichever is applicable. (To be prepared/ submitted after approval of the
SLUP)

7. Appropriate clearance from NCIP

8. If the area applied is located in PALAWAN, clearance from Palawan

council for Sustainable Development
Requirements for FLAG/FLAGT/SLUP

9. Proof of financial capability to develop and manage the area

applied for
10. Endorsement from CENRO, PENRO and RED concerned
(FLAg and FLAgT); RED’s approval for SLUP;
11.Endorsement from Local Government Units (LGUs).
12. BIR certification on the zonal valuation of the nearest
commercial zone of the Barangays/ Municipality / City or Province
whichever is higher;
 Requirements for FLAG/FLAGT/SLUP

13. Performance bond twice the annual rental or user’s fee as the case
maybe, but not less than P10,000. Provided, that 50% of the
computed bond deposit shall be posted in CASH and the balance in
the form of surety bond with a duration of five (5) years renewable
every 5 years in case of a lease or management agreement or
coterminous to a permit. Provided further, that the face value of the
surety bond shall be increased by the 25%
Requirements for FLAG/FLAGT/SLUP

14. Government share / annual rental 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 is
higher. Government share/ annual rental shall be paid before the
issuance of the permit and the performance bond shall be posted
simultaneously.
THANK
YOU!!!!!