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What are the key features of DENR-DILG JMC98-01?

The following are the JMCs key features:

a) It reiterates the policies enunciated in DENRDAO 92-30. Additionally, the JMC states that:z Forest land use plans are important tools inthe holistic and efficient management of forest resources, and mandates DENR andL G U s t o g e t h e r w i t h o t h e r g o v e r n m e n tagencies to undertake forest land use plansas integral activity of comprehensive land useplanning to determine the optimum andbalance use of natural resources to supportlocal , regional and nat ional growth anddevelopment. (Sec. 1.3)

DENR has developed and issued this manual.DENR-DILG-LGU Partnershipin Forest Management 9z To fully prepare LGUs to undertake their shared responsibilities, the DENR together with the DILG shall enhance the capacitiesof the LGUs in the various aspects of forestmanagement. (Sec. 1.4)

b) It sets the objectives of JMC 98-01 which areas follows: ( Sec. 2)z Operationalize devolution of forest management functions from the DENRto the LGUs;z Strengthen and institutionalizeDENR-DILG-LGU partnership and cooperation; andz Serve as reference in theimplementation, monitoringand evaluation of devolvedand other forest management functions.

c) It mandates the setting up of mechanismsf o r t h e D E N R - D I L G - L G Ustakeholders partnership and asoversight for the implementation andmonitoring of the devolution and partnerships,as follows: (Sec. 6)z National LevelCreation of a National Steering Committee(NSC) composed of the Secretaries andAssistant Secretaries for Planning of DENRand DILG and the Presidents of the Leaguesof Provinces, Cities and Municipalities.The NSC will be supported by a NationalTechnical Working Group (NTWG) to becomposed of the Director, Forest Management Bureau; Planning and PolicyService10 DENR-DILG-LGU Partnership in Forest ManagementOffice, DENR; the Bureau of Local Government, Development andSupervision of theDILG and representatives of the Leagues.The NSC will formulate policies and programs towards strengthening thedevolutionand partnership.z Regional LevelCreation of Regional Steering Committeesto oversee devolution and partnership. It shallbe composed of the DENR Regional Executive Director, the DILG RegionalDirector andrepresentatives from the leagues.The Regional Technical Director for Forestryof the DENR shall serve as the Secretariat.z Provincial, City and Municipal LevelsCr 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 ooperation the devolution of forest management functions from DENR toLGUs andstrengthening and institutionalizing DENRDILG-LGU partnership.These functions may be lodged in localcommittees already existing such as theMultisectoral Forest Protection Committees(MFPCs), ENRCs and other developmentcouncils.d) It provides for the general procedures for establishing the partnership, and putting inoperation the devolution as follows: (Sec. 7.2)z Setting up of NSCz Setting up of Regional Steering Committeesby the NSCDENR-DILG-LGU Partnership in Forest Management 117z Setting up of Provincial, City and MunicipalWorking GroupsThese committees and working groups shallc 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 ooperationalize the partnership and start thedevolutionary process and institutionalize thepartnership.e) The JMC also provides for specific guidelineson how devolution can be done, and for thedocumentation of forest management projectsand functions devolved from the DENR to theLGUs (Sec. 8 and 7.4).What are the key features of DENR-DILG JMC2003-01?

The following are the JMCs salient features:

a) It reiterates previous issuances and calls for t h e a c c e l e r a t i o n o f t h e c o l l a b o r a t i o n ,partnership, coordination and institutionalizationof the working relationships among DENR,DILG and the LGUs in forest management.

b) It calls for the convening of the NSC withoutfurther delay and the forging of a Memorandumof Agreement (MOA) to specify the roles andfunctions of member institutions (Sec. 1).c) It calls for the forging of DENR-DILG-LGUpartnership at the regional, provincial, cityand municipal levels by directing theDENR offices to coordinate with theh e a d s o f t h e D I L G a n d L G U s(Sec. 2).12 DENR-DILG-LGU Partnership in Forest Managementd) It directs that the devolution of forest management functions should alsoproceed without delay.A s s u c h , i d e n t i f i c a t i o n , d e l i n e a t i o n a n destablishment of communal forests, communityw 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 dreforestation areas should be prioritized so thatthese may be devolved to the LGUs. ( Sec. 4and Sec. 3.1)e) It allows both DENR and LGUs to co-manage acertain forest area, if they so agree.The DENR officers who are authorized to enter into MOA with LGU (based on the size of the areato be co-managed) are as follows:For forest areas up to 1,000 ha CENROMore than 1,000 ha up to 5,000 ha PENROMore than 5,000 ha up to 15,000 ha REDMore than 15,000 ha up to 30,000 ha USEC for OperationsMore than 30,000 ha SecretaryThe MOA should specify the roles, responsibilities and accountabilities of thevarious officesand officers (Sec. 4).f) It also reiterates the provision in JMC 98-01calling for the preparation of Forest Land UsePlan (FLUP) as the basis for the comprehensivedevelopment of forest lands over a particular area(Sec. 6).g) It also reiterates LGU participation in the issuanceof tenure instruments and permits.DENR-DILG-LGU Partnership in ForestManagement 138Under JMC 2003-01, before DENR can issuetenure instruments and permits, the applications must first be submitted tothe concernedLGU for comments. The LGU is given 15 daysto give its comments. If the tenure instrumento r p e rmi t wa s i s s u e d wi t h o u t t h e LGUscomments, activities in the forest area will besuspended until such time that the commentsof 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 toeffect LGU involvement and partnership maysubject the concerned officer to administrativedisciplinary sanctions (Sec. 11).

The 1987 Constitution of the Philippines, the supreme law of the Philippines stipulates that lands of the public domain areclassified into:

Agricultural;

Forest or timber;

Mineral; and

National parks.

As to how they came up with such classifications, I do notknow.

It should be noted that all lands of the public domain areowned by the state. Only lands classified as agricultural arealienable and disposable, or those that can be owned privately

by Filipino citizens. It is the Congress that sets the limits and boundaries of forestlands and national parks. It is also by an act of Congress thatsuch limits can be increased or diminished. The Philippinesalready has a Land Classification Map - the first and the lastso far, made ages ago - that shows 50% of the lands of the

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public domain are forest, 47% is alienable and disposable, and3% is unclassified. If I'm not mistaken, this was made in the1930's. On the environmental side, the Philippines has lessthan 20% forest cover (there should be biodiversity in an areato be considered forest) . Interesting, right? A landclassification map of the 1930's (or 1940's), with only sporadicre-classifications, is being used in the 21st century.

Prior to the 1987 Constitution, Commonwealth Act 141 or thePublic Lands Act classifies land into alienable & disposable,timber, and mineral. The present constitution only addedanother classification, that is the national parks, and thatinstead of simply classifying land as alienable &disposable, land is classified as agricultural and only theselands can be alienated and disposed. Lands that are alienable and disposable are further classifiedaccording 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 quasi-public purposes.

Under Section 9 of CA 141, it is the President, through therecommendation of the DENR Secretary who can make the

classifications (according to use or purpose) from time totime, and at anytime can re-classify the land from one use toanother. Yet, I have read somewhere about the authority of LGU's through the Local Government Code on reclassificationand zoning ordinances, the responsibility of DENR todelineate forest lands from A&D lands, and the role of DAR inconverting agricultural lands to other uses. Confusing.

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 resourcesshall 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 sharingagreements with Filipino citizens or corporations orassociations, at least 60% Filipino-owned.Furthermore, the President may enter intoagreements with foreign-owned corporationsinvolving technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum and other mineral oils,according to terms and conditions provided by law.

A state corporation, unlike a private corporation,may be created by special law and placed under thecontrol of the President, subject to such conditionsas 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 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 rightsUse-based water rights are protected by the law of torts . Use-

based 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]

.

http://en.wikipedia.org/wiki/Water_lawhttp://en.wikipedia.org/wiki/Water_lawhttp://en.wikipedia.org/wiki/Righthttp://en.wikipedia.org/wiki/Righthttp://en.wikipedia.org/wiki/Waterhttp://en.wikipedia.org/wiki/Waterhttp://en.wikipedia.org/wiki/Groundwaterhttp://en.wikipedia.org/wiki/Groundwaterhttp://en.wikipedia.org/wiki/Aridhttp://en.wikipedia.org/wiki/Aridhttp://en.wikipedia.org/wiki/Aridhttp://en.wikipedia.org/wiki/Irrigationhttp://en.wikipedia.org/wiki/Irrigationhttp://en.wikipedia.org/wiki/Surface_waterhttp://en.wikipedia.org/wiki/Ground_waterhttp://en.wikipedia.org/wiki/Ground_waterhttp://en.wikipedia.org/w/index.php?title=Water_right&action=edit&section=1http://en.wikipedia.org/wiki/Francehttp://en.wikipedia.org/w/index.php?title=Water_right&action=edit&section=2http://en.wikipedia.org/wiki/Riparian_water_rightshttp://en.wikipedia.org/wiki/Riparian_water_rightshttp://en.wikipedia.org/wiki/Property_lawhttp://en.wikipedia.org/wiki/Property_lawhttp://en.wikipedia.org/wiki/Water_righthttp://en.wikipedia.org/w/index.php?title=Water_right&action=edit&section=3http://en.wikipedia.org/wiki/Law_of_tortshttp://en.wikipedia.org/wiki/Usufructuaryhttp://en.wikipedia.org/wiki/Usufructuaryhttp://en.wikipedia.org/wiki/Righthttp://en.wikipedia.org/wiki/Waterhttp://en.wikipedia.org/wiki/Groundwaterhttp://en.wikipedia.org/wiki/Aridhttp://en.wikipedia.org/wiki/Irrigationhttp://en.wikipedia.org/wiki/Surface_waterhttp://en.wikipedia.org/wiki/Ground_waterhttp://en.wikipedia.org/w/index.php?title=Water_right&action=edit&section=1http://en.wikipedia.org/wiki/Francehttp://en.wikipedia.org/w/index.php?title=Water_right&action=edit&section=2http://en.wikipedia.org/wiki/Riparian_water_rightshttp://en.wikipedia.org/wiki/Property_lawhttp://en.wikipedia.org/wiki/Water_righthttp://en.wikipedia.org/w/index.php?title=Water_right&action=edit&section=3http://en.wikipedia.org/wiki/Law_of_tortshttp://en.wikipedia.org/wiki/Usufructuaryhttp://en.wikipedia.org/wiki/Water_law