Dissenting Opinion
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G.R. No. 224469
(STIFRMSP) of ICCs/lPs found to be sustainable, which have either been established and/or effectively
managed by families, clans and communities as part of their cultural practices and traditions as well as
the role of indigenous socio-cultural and socio political institutions in this endeavour;
b. Adhere to the customary laws and recognize the Indigenous Knowledge Systems and
Practices (IKSP) of the ICCs/lPs together with the intellectual property rights thereon, if any, in
accordance with the applicable provisions of the IPRA;
c. Recognize the ICCs/IPs' preferential rights to benefit from the natural resources found
within their ancestral lands/domains jointly documented and confirmed pursuant to this Order;
d. Institutionalize the traditional and culture-driven sustainable forest resources management
systems and practices, policies and customary laws of the ICCs/lPs; and
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2.2. Specific Objectives:
a. To institutionalize the consultative, collaborative effort and consensus building processes
between and among indigenous socio-political institutions including its leadership system, local
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government units (LG Us), the DENR, the NCIP and other concerned agencies
Sec. 3. - Coverage. This Order shall cover and apply to all ICCs/lPs with traditional
indigenous forest resources management systems and practices within their ancestral domains/lands,
whether it be individual, family, clan and communal.
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Sec. 6. - Recognition of lndigenous and Traditionally Managed Forests Systems and
Practices. All existing indigenous and traditionally managed forest systems and practices that were
initially and jointly documented and verified by Regional Offices of the DENR and the NCIP to be
promoting and practicing forest and biodiversity conservation, forest protection and sensible utilization of
the resources found therein based on existing customary laws and duly endorsed by the LGUs concerned
through Resolution or Ordinance shall be issued a Joint Confirmation and Recognition Order (JCRO)
by the respective DENR-Regional Executive Director (RED) and the NCIP Regional Director (RD).
However, issuance of any utilization permit by the DENR for the resources found therein shall be
held in abeyance pending the signing of a Memorandum of Agreement (MOA) between and among the
DENR, the NCIP, the ICCs/IPs, socio-political structures and LGUs- Barangay, Municipal and Provincial
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Finally, validly existing resources utilization permits duly issued by the DENR to the ICCs/IPs
prior to this Order shall continue to be respected until its expiration or until the allowable volume has been
fully consumed or the harvesting in the allowable area has been finished, whichever comes first.
Sec. 7. - Formulation of a MOA and the JIRR. The Memorandum of Agreement (MOA) shall
contain, among others, the commitment of all concerned signatories to the sustainable management
of the subject forest area and its forest resources, the procedures to be followed in the
operationalization of the traditional and indigenous forest management systems and practices
consistent with the traditions and culture therein including the corresponding penalties and sanctions to
be imposed for each and every violation to be committed. Said MOA shall also include provisions on the
roles and responsibilities of all parties in the documentation of information and/or in the gathering of
primary data for the recognition and confirmation of the traditional and indigenous forest management
systems and practices.
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Sec. 9. Registration. - Registration of the indigenous and traditionally managed forest as a
result of the comprehensive evaluation, documentation and consultation activities found to be
practicing a sustainable forest resources management system and practice shall be issued with a
Joint Implementing Rules and Regulations (JIRR) jointly approved by the DENR, the NCIP and all
parties mentioned in Section 6 hereof. The presence of the following factors/ conditions which in all cases
shall be considered in the registration:
9 .1 The existing Indigenous Forest Resources Management Systems/Practices is promoting
forest conservation, protection, utilization and biodiversity conservation;
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9.3 The presence of customary laws, if verified to be within the framework of sustainable forest
resources management, x x x x
9.4 The watershed forest management shall be the ecosystem management units and being
managed in a holistic, scientific rights-based, technology-based and community-based manner and
observing the principles of multiple use, decentralization and devolution actively participated by the Local
Government Units (LGUs) and other concerned agencies with synergism of the economic, ecological,
social and cultural objectives, and the rational utilization of all forest resources found therein;
9.5 The security of land tenure and land use rights as provided for under the IPRA and other
applicable ENR laws, rules and regulations shall be a requirement for sustainable use; and
9.6 The current indigenous forest resources management systems/practices can be harmonized
with current ENR laws, rules and regulations.
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Sec. 10. Resources Management and Sustainability. - Resource management within registered
traditionally-managed forests ~hall t>e strictly in adherence to the establis~ed _tra~itio~al leade_~ehfl
structure and practke.s. A ,esomce management plan shall be pccpaccd and mst>tut>onahzed relat>~ /