What are the key features of DENR-DILG JMC 98-01?

The following are the JMCs key features: a) It reiterates the policies enunciated in DENR DAO 92-30. Additionally, the JMC states that: z Forest land use plans are important tools in the holistic and efficient management of forest resources, and mandates DENR and LGUs together with other government agencies to undertake forest land use plans as integral activity of comprehensive land use planning to determine the optimum and balance use of natural resources to support local , regional and nat ional growth and development. (Sec. 1.3) DENR has developed and issued this manual.DENR-DILG-LGU Partnership in Forest Management 9 z To fully prepare LGUs to undertake their shared responsibilities, the DENR together with the DILG shall enhance the capacities of the LGUs in the various aspects of forest management. (Sec. 1.4) b) It sets the objectives of JMC 98-01 which are as follows: ( Sec. 2) z Operationalize devolution of forest management functions from the DENR to the LGUs; z Strengthen and institutionalize DENR-DILG-LGU partnership and cooperation; and z Serve as reference in the implementation, monitoring and evaluation of devolved and other forest management functions. c) It mandates the setting up of mechanisms for the DENR-DILG-LGU stakeholders partnership and as oversight for the implementation and monitoring of the devolution and partnerships, as follows: (Sec. 6) z National Level Creation of a National Steering Committee (NSC) composed of the Secretaries and Assistant Secretaries for Planning of DENR and DILG and the Presidents of the Leagues of Provinces, Cities and Municipalities. The NSC will be supported by a National Technical Working Group (NTWG) to be composed of the Director, Forest Management Bureau; Planning and Policy Service10 DENR-DILG-LGU Partnership in Forest Management Office, DENR; the Bureau of Local Government, Development and Supervision of the DILG and representatives of the Leagues. The NSC will formulate policies and programs towards strengthening the devolution and partnership. z Regional Level Creation of Regional Steering Committees to oversee devolution and partnership. It shall be composed of the DENR Regional Executive Director, the DILG Regional Director and representatives from the leagues. The Regional Technical Director for Forestry of the DENR shall serve as the Secretariat. z Provincial, City and Municipal Levels Cr e a t i o n o f wo r k i n g g r o u ps t o p u t i n t o operation the devolution of forest management functions from DENR to LGUs and strengthening and institutionalizing DENRDILG-LGU partnership. These functions may be lodged in local committees already existing such as the Multisectoral Forest Protection Committees (MFPCs), ENRCs and other development councils. d) It provides for the general procedures for establishing the partnership, and putting in operation the devolution as follows: (Sec. 7.2) z Setting up of NSC z Setting up of Regional Steering Committees by the NSCDENR-DILG-LGU Partnership in Forest Management 11 7 z Setting up of Provincial, City and Municipal Working Groups These committees and working groups shall c ome u p wi t h s t r a t e g i c p l a n s o n h ow t o operationalize the partnership and start the devolutionary process and institutionalize the partnership. e) The JMC also provides for specific guidelines on how devolution can be done, and for the documentation of forest management projects and functions devolved from the DENR to the LGUs (Sec. 8 and 7.4). What are the key features of DENR-DILG JMC 2003-01? The following are the JMCs salient features:

a) It reiterates previous issuances and calls for the acceleration of the collaboration, partnership, coordination and institutionalization of the working relationships among DENR, DILG and the LGUs in forest management. b) It calls for the convening of the NSC without further delay and the forging of a Memorandum of Agreement (MOA) to specify the roles and functions of member institutions (Sec. 1). c) It calls for the forging of DENR-DILG-LGU partnership at the regional, provincial, city and municipal levels by directing the DENR offices to coordinate with the heads of the DILG and LGUs (Sec. 2).12 DENR-DILG-LGU Partnership in Forest Management d) It directs that the devolution of forest management functions should also proceed without delay. As such, identification, delineation and establishment of communal forests, community w a t e r s h e d s , g r e e n b e l t s , t r e e pa r k s a n d reforestation areas should be prioritized so that these may be devolved to the LGUs. ( Sec. 4 and Sec. 3.1) e) It allows both DENR and LGUs to co-manage a certain forest area, if they so agree. The DENR officers who are authorized to enter into MOA with LGU (based on the size of the area to be co-managed) are as follows: For forest areas up to 1,000 ha CENRO More than 1,000 ha up to 5,000 ha PENRO More than 5,000 ha up to 15,000 ha RED More than 15,000 ha up to 30,000 ha USEC for Operations More than 30,000 ha Secretary The MOA should specify the roles, responsibilities and accountabilities of the various offices and officers (Sec. 4). f) It also reiterates the provision in JMC 98-01 calling for the preparation of Forest Land Use Plan (FLUP) as the basis for the comprehensive development of forest lands over a particular area (Sec. 6). g) It also reiterates LGU participation in the issuance of tenure instruments and permits.DENR-DILG-LGU Partnership in Forest Management 13 8 Under JMC 2003-01, before DENR can issue tenure instruments and permits, the applications must first be submitted to the concerned LGU for comments. The LGU is given 15 days to give its comments. If the tenure instrument o r p e rmi t wa s i s s u e d wi t h o u t t h e LGUs comments, activities in the forest area will be suspended until such time that the comments of the concerned LGU are received (Sec. 7). h) It provides that deliberate refusal, delay or inexcusable negligence by DENR, DILG or LGU officials not to perform their duties or to effect LGU involvement and partnership may subject the concerned officer to administrative disciplinary sanctions (Sec. 11).

The 1987 Constitution of the Philippines, the supreme law of the Philippines stipulates that lands of the public domain are classified into: Agricultural; Forest or timber; Mineral; and National parks.

As to how they came up with such classifications, I do not know. It should be noted that all lands of the public domain are owned by the state. Only lands classified as agricultural are alienable and disposable, or those that can be owned privately by Filipino citizens. It is the Congress that sets the limits and boundaries of forest lands and national parks. It is also by an act of Congress that such limits can be increased or diminished. The Philippines already has a Land Classification Map - the first and the last so far, made ages ago - that shows 50% of the lands of the

public domain are forest, 47% is alienable and disposable, and 3% is unclassified. If I'm not mistaken, this was made in the 1930's. On the environmental side, the Philippines has less than 20% forest cover (there should be biodiversity in an area to be considered forest). Interesting, right? A land classification map of the 1930's (or 1940's), with only sporadic re-classifications, is being used in the 21st century. Prior to the 1987 Constitution, Commonwealth Act 141 or the Public Lands Act classifies land into alienable & disposable, timber, and mineral. The present constitution only added another classification, that is the national parks, and that instead of simply classifying land as alienable & disposable, land is classified as agricultural and only these lands can be alienated and disposed. Lands that are alienable and disposable are further classified according to their use and purpose as: Agricultural; Residential, commercial, industrial or for similar productive purposes; Educational, charitable or other similar purposes; and Reservations for town site and for public or quasipublic purposes.

A state corporation, unlike a private corporation, may be created by special law and placed under the control of the President, subject to such conditions as the creating statute may provide.
Water right in water law refers to the right of a user to use water from a water source, e.g., a river, stream, pond or source of groundwater. In areas with plentiful water and few users, such systems are generally not complicated or contentious. In other areas, especially arid areas where irrigation is practiced, such systems are often the source of conflict, both legal and physical. Some systems treat surface water and ground water in the same manner, while others use different principles for each. I. [edit]Types

of water rights

There are fundamental differences between the nature and source of water rights in different countries, including that they can be land-based rights, use-based rights, or rights based on ownership of water bodies. In addition, some countries apply the principle of water solidarity, which has become increasingly important in the EU. This principle attempts to reconcile water rights through compromise solutions based on the public interest, and it has been written into legislation in France, for example. A. [edit]Land-based

Under Section 9 of CA 141, it is the President, through the recommendation of the DENR Secretary who can make the classifications (according to use or purpose) from time to time, and at anytime can re-classify the land from one use to another. Yet, I have read somewhere about the authority of LGU's through the Local Government Code on reclassification and zoning ordinances, the responsibility of DENR to delineate forest lands from A&D lands, and the role of DAR in converting agricultural lands to other uses. Confusing.

or riparian rights

Riparian rights are based on land ownership, and are protected by property law. Riparian rights state that only the owner of the banks of the water source have a right to the 'undiminished, unaltered flow' of the water[1]. Riparian rights are only transferable when the riparian land ownership title is transferred to a new owner. B. [edit]Use-based

A law creating a state corporation to exploit, develop, and utilize compressed natural gas. (2%) SUGGESTED ANSWER: The law is valid as under Article XII, Section 2 of the 1987 Constitution, the exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. It is also provided that the State may directly undertake such activities or it may enter into co-production, joint venture or sharing agreements with Filipino citizens or corporations or associations, at least 60% Filipino-owned. Furthermore, the President may enter into agreements with foreign-owned corporations involving technical or financial assistance for largescale exploration, development, and utilization of minerals, petroleum and other mineral oils, according to terms and conditions provided by law.

rights

Use-based water rights are protected by the law of torts. Usebased rights state that land ownership is not essential, as long as water users have legal access to the water source. There is a hierarchy of use, where the first user has the strongest rights (first in, first served). Rights users can only enforce rights against users with lower ranks (those who came later). Use-based rights are usufructuary, fully transferable to anyone[1].