DENR Administrative Order No. 98-45

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The key takeaways are that Certificates of Stewardship are awarded to individuals or families occupying or cultivating forest lands within Community-Based Forest Management areas. CS areas are part of the larger CBFM area and must be developed and managed according to the community's resource management plan. CS can be transferred under certain conditions.

The qualifications required to be awarded a Certificate of Stewardship are: being a Filipino citizen of legal age, actually tilling or cultivating the land, being a member of the People's Organization granted the CBFM area, and being willing to develop the land and participate in community forest management activities.

The steps involved in issuing a Certificate of Stewardship are: information dissemination, census of occupants, PO request for issuance including maps and applications, processing and signing of the certificate and agreement by the CENRO and PO head.

DENR Administrative Order

No. 98 - 45
June 24, 1998

SUBJECT : Guidelines Governing the Issuance


and Transfer of Certificate of
Stewardship (CS) Within CBFM
Areas

Pursuant to Executive Order No. 263 otherwise known as the


Community-Based Forest Management Strategy and DAO 96-29, its
implementing rules and regulations, the following guidelines are hereby
promulgated for the guidance of all concerned:

Section 1 Basic Policy. Consistent with the policy of


promoting social justice and equitable access to forest lands and
resources, the government shall recognize individual property rights
within forest lands in order to encourage private investments in the
development of marginal forest lands, promote socio-economic
upliftment, and enhance active participation in CBFM activities. In line
with this policy, a Certificate of Stewardship (CS) shall be awarded to
an individual or family actually occupying, tilling, developing, managing
or protecting portions of forest lands. The CS, which have a duration
of 25 years and renewable for another 25 years, shall be issued within
established CBFM areas, subject to the decision and recommendation
of the People’s Organization (PO). CS areas are integral part of the
CBFMA area, and should be developed, managed and utilized in
accordance with the Community Resource Management Framework
formulated for the entire CBFMA area.

Sec. 2 Qualifications of CS Recipients. Individuals


or families with the following qualifications may be awarded Certificate
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of Stewardship and enter into Stewardship Agreement with the
government:

1) Must be Filipino citizens;


2) Must be of legal age;
3) Must be actual tillers or cultivators of the land to be allocated;
4) Must be a member of the People’s Organization which was granted
a CBFM area subject of the CS application;
5) Must be willing to develop the land as well as participate in
community-based forest management activities;
6) Must not be a previous holder of CS that was cancelled for cause.

Sec. 3 Procedure in the Issuance of CS. The


following steps shall be followed in the delineation, processing and
issuance of CS within established CBFMA areas.

1) Information dissemination. The CENRO through its CBFM Unit,


PMOs, Information Officers, and in collaboration with the PO,
LGU, and other assisting organization(s) shall include in their IEC
activities, the procedure on the issuance of CS, including the rights
and responsibilities of the recipients.

2) Census of forest occupants. The PO shall conduct a census of


individuals or families who are actually occupying and/or cultivating
portions of the CBFM area. Results of this census shall be
indicated in a community map showing individual parcels and
occupants/tillers. As soon as the census is completed, the PO shall
hold a general meeting to a) validate the results of the census; b)
decide whether to recommend for the issuance of the individual CS
to qualified members; and c) agree on the rights and responsibilities
of individual CS holders.

3) Request for issuance of CS. The PO, through a resolution, shall


request the DENR through the CENRO for the issuance of CS to
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actual forest occupants/tillers within the CBFM area. Attached to
the resolution are 1) the census of forest land occupants; 2) agree
rights and responsibilities of CS holders; 3) individual application for
CS of prospective beneficiaries, duly endorsed by the PO head and
4) community map of the area showing the parcels actually
occupied and/or cultivated by individual families, properly
numbered, and validated in the general meeting. This shall serve as
the parcellary map of the area.

4) Processing and issuance of Certificates of Stewardship. Upon


receipt of the request, the CENRO through the CBFM Unit shall
prepare the Stewardship Agreement and Stewardship Certificate in
four copies. The format of the Stewardship Agreement is given in
Annex 1. The Agreement need not be notarized. For married
individuals, the CS shall be issued in the name of both spouses who
shall be co-stewards of the land.

The CENRO shall then forward the CS to the PENRO for


approval. The Head of the PO and the CENRO shall sign as
witnesses to the Stewardship Agreement.

The original copy of the CS shall be given to the beneficiary, and


the other copies shall be given to the PENRO, CENRO and the
PO.

The original copy of the Parcellary Map shall be kept at the


PENRO, and certified copies shall be given to the CENRO, PO,
LGU and the Regional CBFM Office concerned.

5) Marking of boundaries and resolution of conflicts. It shall be the


responsibility of each beneficiary to establish distinct and more or
less permanent markers of corners and boundaries of the CS area.
The resolution of boundary conflicts shall be the responsibility of the
PO.

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Sec. 4 Transferability of the CS. The CS, including
those issued prior to this Administrative Order, may be transferred,
sold or conveyed in whole or in part under the following conditions:
1) The transferee is a qualified beneficiary as defined under Section 2,
hereof; provided that the total land area under the stewardship of
the latter does not exceed 10 hectares.

2) At least 50% of the area covered by the CS has been developed,


i.e., planted to agricultural crops, trees, or forest species,
developed pasture or fishpond, and other productive land uses.

3) The terms and conditions of the original Agreement shall remain in


force and effect. However, the provision prohibiting the subleasing
of the land or portion thereof in old CS issued prior to this Order
is hereby revoked;

4) The Agreement shall remain valid for the remaining unexpired term
of the original agreement;

5) The transfer is endorsed by the PO, through a resolution of its


Officers;

6) The instrument of transfer is duly notarized.

The new CS and Stewardship Agreement, map and other


supporting documents shall be forwarded to the PENRO for approval,
in accordance with Section 3, hereof.

Sec. 5 Repealing Clause. This order amends


Administrative Order No. 4, series of 1991 and all other orders,
circulars, guidelines and procedures on the issuance and transfer of CS
that are inconsistent herewith.

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Sec. 6 Effectivity. This Order shall take effect
immediately.

(Sgd.) VICTOR O. RAMOS


Secretary

Annex omitted

Published at:

TODAY July 08, 1998 - page 07

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