04/02/2020
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about 27% accomplishment of the whole infrastructure.
2. Paragraph 26.8 of Section 26, DAO 97-04, specifically provides that
failure to implement or adopt agreements made with communities
and other relevant sectors.
Attached herewith, please find several petitions, sworn statements,
affidavits and resolutions from various sectors particularly the
Subanen Communities (IP's) within the area. The existence and
approval of IFMA No. R9-040 contract is being protested and is
demanding for its cancellation.
The primary complaint was a blatant disrespect to their rights as an
Indigenous People and the non-peaceful co-existence between them
and the holder of the IFMA R9-040. Accordingly, they were
constantly threatened/harassed by armed men employed by the
holder.
In the same Memorandum, RED Mendoza recommended to the DENR Secretary the
cancellation of IFMA No. R-9-040. [11]
It appears that RED Mendoza issued a subsequent but similar Memorandum[12]
dated April 21, 1999 to the DENR Secretary relative to IFMA No. R-9-040. It stated This
has
reference
with
the
instruction
to
validate
the
performance/accomplishment of IFMAs of Region IX, Western Mindanao.
Validation of IFMAs is in accordance with the existing policy of the DENR
to determine the capabilities of the holders to develop their Lease areas
in consonance with their approved Comprehensive Development and
Management Plan.
In furtherance thereto, Foresters Isabelo C. Mangaya-ay and Philidor
Lluisma, pursuant to Regional Special Order No. 217, Series of 1998,
conducted the evaluation of the performance of IFMA No. R9-040 of
Pagadian City Timber Company, Inc. located at the Municipalities of
Labangan, Datagan and Sominot, all of Zamboanga del Sur, on November
6, 1998. Result of the evaluation revealed that the holder violated Rules
and Regulations which are sufficient ground for cancellation as stipulated
under Section 26 of DAO 97-04, they are as follows
1. FAILURE TO IMPLEMENT THE APPROVED
DEVELOPMENT AND MANAGEMENT PLAN.
COMPREHENSIVE
Under the approved comprehensive and development plan, 1,597.0 ha of
plantation should have been established from the Approval of the CDMP.
However, only 365.2 ha were reportedly planted from CY 1995 to 1997.
This represents only 28% of the targeted goal on plantation
establishment.
Field validation of the reported established plantation revealed otherwise.
The findings of the team are:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/46832
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