Dissenting Opinion
- 12 -
G.R. No. 224469
allowed only subject to strict compliance with existing guidelines of the
DENR."
In 2013, the DENR issued Memorandum 2013-74 clarifying the
suspension on the processing of all request for cutting permits. It essentially
permitted tree-cutting act1V1t1es within private lands and public
forests/timberlands, including those IP practices allowed by E.O. No. 23
under the IPRA, subject to strict clearance and permit requirements to be
issued by appropriate officials from the Office of the President and the
DENR.
In 2018, Congress passed R.A. No. 11003 8, otherwise known as the
Expanded National Integrated Protected Areas System (ENIPAS) Act of
2018, which amended the NIP AS Act of 1992. Just like the NIPAS Act of
1992 and its IRR, the IRR of the ENIP AS Act of 2018 allows the issuance
of cutting permits in favor of IPs provided certain requirements are
complied with. 36
Clearly, there is nothing in the law, old or new, that would suggest
any government intent to relinquish regulatory rights in favor of IPs, or
anyone for that matter. At no point in time was the authorization
requirement ever dispensed with. Whether it be in the form of permits,
licenses, or such other joint agreements, the Executive and the Legislature
had every intention to maintain its unwavering- regulation of the country's
forests and natural resources thereon.
As a matter of fact, the DENR, together with the NCIP, had already
effectively harmonized these interests found in the provisions of P.D. No.
705 and the IPRA when it issued DENR-NCIP Joint AO No. 2008-01. 37 By
36
DENR AO No. 2019-05 provides:
Rule 11-B.3 In addition to the functions enumerated in Section 11-B, the PASU shall perfonn the
following duties and responsibilities:
xxxx
d. Recommend actions for cutting permit for planted trees solely for the traditional and
subsistence uses by ICCs/IPs and tenured migrants, of up to five (5) cubic meters per applicant per
year. Provided, that, PACBRMA holders with affirmed Community-based Resource Management Plan
shall no longer be issued cutting permits. Provided, further, that the total volume cut shall not exceed the
limits set by the P AMB, and that the location of the cutting is within the appropriate site within the
Multiple Use Zone; (Emphases ours)
37
The pertinent provisions ofDENR-NCIP Joint AO No. 2008-01 state:
Pursuant to the provisions of the 1987 Constitution, Presidential Decree (PD) No. 705, as
amended, Executive Order (EO) No. 192, Series of 1987, Republic Act (RA) No. 8371 or the Indigenous
Peoples Rights Act (IPRA) of 1997 and its Implementing Rules and Regulations NCIP Administrative
Order No. 1, Series of 1998, DENR-NCIP Memorandum Circular No. 2003-01, EO No. 318, Series of
2004, in deference to the forest resources management systems and practices of the Indigenous Cultural
Communities/Indigenous Peoples (ICCs/IPs) that should be recognized, promoted and protected, the
guidelines and procedures as provided for in this Order shall be strictly observed.
Section 2. - Objectives. - For the effective implementation of this Order, the following objectives
shall serve as guides:
2.1. General Objectives: The DENR and NCIP shall:
a. Jointly undertake the recognition, documentation, registration and confirmation of the
Sustainable Traditional and Indigenous Fo,est Resoum, Management Systems and P m ~