EXECUTIVE ORDER NO. 278
EXECUTIVE ORDER NO. 278 -
PRESCRIBING THE INTERIM PROCEDURES IN THE PROCESSING AND APPROVAL OF
APPLICATIONS FOR THE DEVELOPMENT OR UTILIZATION OF FORESTLANDS AND/OR
FOREST RESOURCES
WHEREAS,
the 1987 Constitution places the development or utilization of our
forestlands and/or forest resources under the full control and
supervision of the State and allows the State to enter into
co-production, joint venture, or production-sharing agreements with
Filipino citizens, or corporations, or associations, at least sixty per
centum (60%) of whose capital is owned by such citizens;
WHEREAS, there are presently issued forest permits, licenses, leases or
grants, in relation to which the grantees have already made huge
investments in terms of money and equipment;
WHEREAS, there are presently pending applications for such forest
permits, licenses or leases, which ought to be given immediate
consideration; and
WHEREAS, the forest-based industry is a major contributor to the
national economy , and therefore, the development or utilization of the
country’s forestlands and/or forest resources is necessary to
accelerate economic recovery;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by
virtue of powers vested in me by the Constitution, do hereby order:
Section 1. Applications for the development or
utilization of forestlands and/or forest resources may be accepted and
processed, provided that applications for timber licenses for
commercial purposes shall be governed by Sec. 4 hereof.
Sec. 2. The processing, evaluation and approval
of all the applications provided for under Section 1 shall be governed
by the Presidential Decree No. 705, as amended, other existing forestry
laws, orders and issuances, and their implementing rules and
regulations. Provided, however, That the privileges granted, as well as
the terms and conditions thereof shall be subject to any and all
modifications or alterations which Congress may adopt, pursuant to
Sec. 2, Article XII of the 1987 Constitution.
Sec. 3. Unless Congress provides otherwise,
existing and currently recognized forest permits, licenses and leases
issued by the Department of Environment and Natural Resources, shall
continue and remain in full force and effect, subject to the same terms
and conditions as originally granted and/or approved.
Sec. 4. Until Congress otherwise provides, the
Secretary of the Department of Environment and Natural Resources is
hereby authorized to negotiate and enter into, for and in behalf of the
Government, joint venture, co-production, or production-sharing
agreements for the development or utilization of forestlands and/or
forest resources with any Filipino citizen, or corporation, or
association, at least sixty per centum (60%) of whose capital is owned
by Filipino citizens. Such agreements may be for a period not exceeding
twenty-five years, renewable for not more than twenty-five years, and
shall conform with and include the minimum terms and conditions
prescribed in Sec. 5 hereof.
Sec. 5. Unless Congress otherwise provides, the
following minimum terms and conditions shall be incorporated in the
co-production, joint venture, or production-sharing
agreement:
(a)
A provision that the agreement-holder shall furnish
the necessary management, technology, and financial services when
required, as determined by the Secretary of Environment and Natural
Resources;
(b) A
stipulated share of revenues and the manner of payment thereof;
(c) Provision
on consultation and arbitration with respect to the interpretation of
the agreement;
(d) A
provision for anti-pollution and environmental protection measures;
(e) A
provision for the restoration and protection of the forest;
(f) A
provision for an effective monitoring scheme to be implemented by the
Department which shall include, but shall not be limited to the
periodic inspection of all records and books of account of the
agreement-holder;
(g) A
commitment to community development; and
(h) The
submission of a management and development plan to be approved by the
Secretary of Environment and Natural Resources.
Sec. 6. The Secretary of the Department of
Environment and Natural Resources shall promulgate the rules and
regulations necessary to implement effectively the provisions of this
Executive Order.
Sec. 7. If any provision of this Executive Order
is held unconstitutional, the other provision shall not be
affected.
Sec. 8. All laws, decrees, orders, and other
issuances or parts thereof inconsistent with this Executive Order are
hereby repealed or modified accordingly.
Sec. 9. This Executive Order shall take effect
immediately.
DONE in the City of Manila,
this 25th day of July, in the year of Our Lord, nineteen hundred and
eighty-seven.
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Since 19.07.98.