A and D hearing

BRIEFING PAPER Inquiry on the Status of the Marikina Watershed I. PERTINENT LAWS ON FOREST LANDS WITHIN THE WATERSHED A. Classification and Reclassification of Lands of the Public Domain; Alienability The 1987 Constitution classifies lands of the public domain into agricultural, forest or timber, mineral lands and national parks, which are further subdivided into alienable and disposable lands (A & D) and forest lands (Article XII, Section 3). Alienable and disposal lands refer to those which h
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  BRIEFING PAPERInquiry on the Status of the Marikina WatershedI. PERTINENT LAWS ON FOREST LANDS WITHIN THE WATERSHED A. Classification and Reclassification of Lands of the Public Domain; Alienability  The 1987 Constitution classifies lands of the public domain intoagricultural, forest or timber, mineral lands and national parks, which are furthersubdivided into alienable and disposable lands (A & D) and forest lands (Article XII,Section 3).Alienable and disposal lands refer to those which have been declared assuch and not needed for forest purposes. They are limited to lands classified asagricultural lands which may further be classified according to the uses to whichthey are devoted. Forest lands are those that have been classified for forest usesuch as public forest, permanent forest or forest reserves, timberlands, grazinglands, game refuge and bird sanctuaries, and areas which are not yet declared asalienable and disposable Classification  or sub-classification of forestlands and other inalienablelands of the public domain is an executive function (DENR Administrative Order No.15 pursuant to Section 13 of PD No. 705, Revised Forestry Code). Reclassification   of lands from forestlands to agricultural lands for purposes of conversion intoalienable and disposable lands is an exclusive power of Congress (Article XII,Section 4). On the other hand, RA No. 6657 (Section 4a) or the ComprehensiveAgrarian Reform Law has suspended the authority of the President to reclassifyforest or mineral lands into agricultural lands. ‘xx No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking intoaccount ecological. Developmental and equity considerations, shall havedet ermined by law, the specific limits of the public domain.’   B. Current Legal Status / Nature of the Marikina Watershed On July 26, 1904, Civil Governor Luke Wright, pursuant to the Philippine Commission’s Act No. 648, promulgated Executive Order No. 33 establishing theMarikina Watershed. The watershed areas covered Sitio Boso-Boso of BarangaySan Jose and Barangay Calawis of the 2 nd District of Antipolo City.On June 1, 1992, RA 7586, or National Integrated Protected AreasSystem (NIPAS) Law was passed covering the Marikina Watershed as an initialcomponent of the system (Sections 5 and 6). In 2011, Pres. Benigno Aquino III  issued Proclamation No. 296 declaring the Marikina Watershed Reservation as a `Protected Landscape’ pursuant to RA 7586. The proclamation stated that it isbounded on the southwest by the ISF area under PP No. 585.In 1998, DENR-DILG Joint Memorandum Circular No. 98-01 was issuedproviding for a Manual of Procedures for DENR-DILG-LGU Partnership onDevolved and Other Forest Management Functions pursuant to RA 7160 (LocalGovernment Code), PD 705 (Forestry Reform Code) and Executive Order 192defining the functions of the DENR. II. Forest Management Programs Within the Watershed / 2 nd LegislativeDistrict and Current Status A. Integrated Social Forestry (ISF) Program (Brgy. San Jose) On June 5, 1990, Pres. Corazon Aquino issued Proclamation No. 585excluding from the Watershed Reservation 1,430 hectares situated at sitiosBoso-Boso, Kilingan and Veterans (Barangay San Jose), and Barangays San Joseph and Paenaan in (municipality) Antipolo. establishing an ‘Integrated Social Forestry ’ (ISF) Program under the DENR.Pursuant to Executive Order 192 (Reorganization of DENR) and LOI1260, DENR Administrative Order No. 97 (Dec. 1988) was issued providing forrevised regulations implementing the Integrated Social Forestry Program.The ISF project under Proclamation 585 is now a well-developed andestablished community. The awardees, occupants and claimants have alreadyconstructed concrete houses and are mostly already engaged in small-scaleenterprises and businesses. The BOCKASANJO ISF Awardees Association hadfiled petitions for the conversion of PP 585 into alienable and disposable land.As of September 12, 2001, 1,276 Certificate of Stewardship Contracts (CSCs)have been issued by the DENR. Barangay San Jose, within which the ISFprogram is located, has a total land area of 13, 778 hectares. B. Community-Based Forest Management (CBFM) Program (Brgy. Calawis) On July 19, 1995, Executive Order No. 192 was issued adoptingCommunity-Based Forest Management (CBFM) as the national strategy to ensure the sustainable development of the country’s forestlands resources and providing mechanisms for its implementation. Pursuant thereto, a Memorandum of Agreement between DENR and the Calawis Upland Farmers’ Association, Inc. (CUPAI) was signed in April 16, 2009 establishing the Protected AreaCommunity-Based Resource Management Program in the area. The projectcovers 542 hectares (partial of 2,400 hectares) and is participated by 320members. The total land area of Brgy. Calawis is 9,144 hectares.   
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