Notes On Flup Legal Basis

Good morning everyone.
In behalf of the team, I will now discuss to you the

legal basis of forest land Use Plan (FLUP) crafted from various laws,
memorandum circulars and executive orders.
To start with, the 1987 Philippine Constitution, the fundamental law of the
land to which all laws must conform provides that:
SECTION 2. All lands…
NOTES:
1. This provision enshrined the Regalian Doctrine during the
Spanish era, and the concept of Public Domain installed during
the American regime, both promoted the doctrine of state
ownership over all natural resources, including forests. This
meant that all natural resources, the forests, and areas
designated as forestlands, are owned by the state and
therefore any use is subject to governmental regulation and
legal controls.
2. As a consequence, forest utilization has become a ‘privilege’

granted by the state to individuals or groups. Hence,
unauthorized or illegal exploitation of these natural resources
is prohibited by the state.
EXECUTIVE ORDER 192

SECTION 4. MANDATE.
NOTES:
1. Under this provision, the Department of Environment and
Natural Resources is mandated by the state to be the
government agency principally responsible for environment
and natural resources’ management and hence the execution
and issuance of all agreements and permits related to its
exploitation.
2. Thus, to achieve this mandate DENR is tasked to formulate and

implement policies, guidelines, rules and regulations relating
environmental management and the exploration, development,
disposition ad use of the forests, lands and other natural
resources.
REPUBLIC ACT 9160,

SECTION 3. OPERATIVE PRINCIPLE OF DECENTRALIZATION
NOTES:
1. With the enactment of this Act, the LGU now have a
responsibility for the work of both national and local
government in efforts to have more effective management.
2. In the context of sustainable development, local governments
play a very important role as partners of the National
Government in national development having strong influence in
conserving its resources.
3. Hence, national development is achieved through an effective
partnership between the central and local governments, each
one performing its functions. Stated otherwise, there must be
an collaboration towards the attainment of a common goal---
and that is to provide effective “on-site” forest management.
***in response to RA 7160 the DENR-DILG-LGU issued a:

JOINT MEMORANDUM CIRCULAR NO.98-01
SECTION 1
1.3
NOTES:
1. This joint memorandum circular enunciated the shared
responsibility of the LGU and the DENR in the sustainable
development of the forest resources within their territorial
jurisdiction.
2. Under item 1.3 thereof, the preparation and implementation of

Forest Land Use Plan is identified as important undertaking in
the sustainable management of forest resources. This can be
achieved through the joint efforts of the LGU and the DENR.
SECTION 9 OF THE SAME JOINT MEMORANDUM CIRCULAR PROVIDES

FOR GENERAL PROCEDURES IN THIS UNDERTAKING (FOREST LAND
USE PLANNING), TO WIT:
a. …
b. …
c. ….
***through this activity, the DENR provides technical assistance to
the LGUs, guide and train the LGUs in the management of devolved
functions. So when the LGU’s capacity in forest management is
enhanced, the primary tasks in the devolved functions shall be
performed by the LGUs and the role of DENR becomes assistive and
coordinative.
So, the LGUs should work hand in hand with the DENR in managing
the country’s natural resources.
JOINT MEMORANDUM CIRCULAR NO. 2003-01

NOTES:
1. 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.
SECTION 3.
NOTES:
1. It directs that the devolution of forest management functions
should also proceed without delay. As such, identification,
delineation and establishment of communal forests, community
watersheds, greenbelts, tree parks and reforestation areas
should be prioritized so that these may be devolved to the
LGUs.
SECTION 5.
NOTES
As much as possible, the FLUP must have been approved before
LGUs enter into a co-management agreement with the DENR or other
government entities.
EXECUTIVE ORDER NO. 318, S.2004

SECTION 2.6.6
NOTES:
1. SUSTAINABLE FOREST MANAGEMENT- is a strategy for
managing, developing and utilizing forest resources to achieve
the production of desired products or services without
impairing the inherent productivity of the forest thereby
insuring a continuous flow of these products or services.
2. As a policy, the government shall “pursue the sustainable

management of forests and forestlands.
3. In the pursuit of the said policy of the state, section 2 thereof

provides for guiding principles and one of which among others
is the incorporation of Forest land use plans in the
comprehensive land use plans of the concerned LGUs.
4. It further reiterates the role of the national gov’t in assisting

the LGUs in the implementation of FLUP.

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Good morning everyone.

In behalf of the team, I will now discuss to you the

2. As a consequence, forest utilization has become a ‘privilege’

EXECUTIVE ORDER 192

2. Thus, to achieve this mandate DENR is tasked to formulate and

REPUBLIC ACT 9160,

***in response to RA 7160 the DENR-DILG-LGU issued a:

2. Under item 1.3 thereof, the preparation and implementation of

SECTION 9 OF THE SAME JOINT MEMORANDUM CIRCULAR PROVIDES

JOINT MEMORANDUM CIRCULAR NO. 2003-01

EXECUTIVE ORDER NO. 318, S.2004

2. As a policy, the government shall “pursue the sustainable

3. In the pursuit of the said policy of the state, section 2 thereof

4. It further reiterates the role of the national gov’t in assisting

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