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.
~/