Dissenting Opinion - 11 - G.R. No. 224469 participating communities, including IPs, may be granted access to forestland resources provided they employ sustainable harvesting methods duly approved by the DENR. In 2000, the DENR issued AO No. 2000-21 34 which provided that "no person, association or corporation shall cut, gather, transport, dispose and/or utilize naturally growp ttees or parts thereof or planted premium tree species, inside titled private lands unless authorized to do so under a Private Land Timber Permit/Special Private Land Timber Permit issued by the Secretary, DENR or his/her authorized representative." In 2004, the DENR issued AO No. 2004-52 maintaining the permit requirement for the cutting, gathering, and utilization of naturally grown trees in private lands, regardless of species. In 2008, the DENR issued AO No. 2008-26, or the Revised Implementing Rules and Regulations (IRR) of the NIPAS Act of 1992. It allows the issuance of cutting permits in favor of IPs provided certain requirements are first complied with. 35 Also in 2008, the DENR, together with the National Commission on Indigenous Peoples (1'!CI~), issued DENR-NCIP Joint AO No. 2008-01 which recognized the traditional forest practices of IPs and allowed them to implement the same within their ancestral domains. The joint order nevertheless upheld the permit requirement in providing that "only those ICCs/IPs with registered Sustainable Traditional and Indigenous Forest Resources Management Systems and Practices (STIFRMSP) shall be issued with forest resource utilization permit." In 2011, then President Benigno Simeon C. Aquino III signed E.O. No. 23 into law declaring a moratorium on the cutting and harvesting of timber in the natural and residual forests in recognition of the destructive effects of the La Nifia phenomenon. As such, the DENR was prohibited from issuing/renewing tree cutting permits in all natural and residual forests nationwide, save for certain exceptions. The order, likewise, stated that "tree cutting associated with cultural practices pursuant to the IPRA may be 34 Revised Guidelines in the Iss'uance of Private Land Timber Permit/Special Private Land Timber Pennit (PLTP/SPLTP). 35 Rules 11.7. and 11.7.4 ofDENR AO No. 2008-26 provide: Rule 11.7. The PASu shall be primarily accountable to the PAMB and the DENR for the implementation of the Management Plan and operations of the protected area. He/she shall have the following specific duties and responsibilities: xxxx 11.7.4 Issue cutting permit for planted trees for a volwne of up to five (5) cubic meters per applicant per year for traditional and subsistence uses by ICCs/IPs and tenured migrants only. Provided, that PACBRMA holders with affirmed Community Resource Management Plan (CRMP) shall no longer be issued cutting permits. Provided further, that the total volume of extraction does not exceed the limit s e t ~ the PAMB and the locafon of extraction is within the appropciate site withio the multiple osc zone. ~/

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