04/02/2020
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A. Portion of the area reported as established plantation by the IFMA
holder is an ISF project with an area of 226.17 ha. These are
covered with Certificate of Stewardship;
B. Locations and boundaries of reported plantations established from
1995 to 1997 cannot be located on the ground by the team neither
by the representative of the IFMA holder who accompanied the
validating team; and
C. No plantation was established during CY 1998.
On Infrastructure, the holder constructed only one (1) lookout tower as
against the goal of 4 towers; established one (1) nursery as against the
goal of two (2); and constructed only 6km foot trail. These represent only
27% of the total infrastructure to be undertaken by the holder over the
area.
2. FAILURE TO IMPLEMENT OR ADOPT AGREEMENT WITH COMMUNITIES
AND OTHER RELEVANT SECTORS.
Attached herewith are copies of petitions, sworn statements, affidavit and
resolutions from Subanen Communities (IP's) and other sectors in the
area demanding the cancellation of IFMA R9-040.
The complaints and demand for cancellation by the people where the
IFMA is located is a manifestation and proof of non-social acceptance of
the project by the residents in the locality.
In view of the above findings, IFMA No. R9-040 is hereby recommended
for cancellation.[13]
Acting on the latter Memorandum from RED Mendoza, then DENR Secretary Antonio
H. Cerilles, on June 7, 1999, issued an Order[14] canceling IFMA No. R-9-040 for
failure to implement the approved CDMP and for failure of the lessee to protect the
area from forest fires. The dispositive portion of the Order reads:
WHEREFORE, premises considered, IFMA No. R9-040 issued to Pagadian
City Timber Co., Inc. is hereby ordered cancelled. The IFMA holder is
hereby ordered to immediately vacate the area and to surrender/return
copy of the Agreement to the Regional Executive Director, DENR Region
9, Zamboanga City.
The RED concerned or his duly authorized representative is hereby
directed to serve this Order; determine best end use of the land; take
appropriate measures to protect the same and inform this Office
immediately of his compliance.
SO ORDERED.[15]
On July 2, 1999, respondent's President, Filomena S. San Juan, wrote DENR
Secretary Cerilles that the company was surprised to receive the Order of the
cancellation of IFMA No. R-9-040 on June 22, 1999. She claimed that elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/46832
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