Prescribing the Guidelines on the Issuance of Provisional Agreement for All Tenure Instruments Issued under the Forestry Sector

DENR Administrative Order No. 2021-27

Subject: Guidelines on the Issuance of Provisional Agreement for All Tenure Instruments Issued under the Forestry Sector

Signed: August 3, 2021 . Published: Manila Standard, August 2021 . Acknowledged: ONAR, U.P. Law Center, August 2021. Exact publication day is illegible in the source copy.

Purpose

Addresses delays caused by pending NCIP clearances. Under RA 11032 (Ease of Doing Business) and PD 705, applicants for forestry tenure instruments can occupy and manage the area under a two-year Provisional Agreement (PA) while securing the NCIP Certification Precondition (CP) or Certificate of Non-Overlap (CNO).

Coverage

New, renewal, and conversion applications already endorsed to and received by NCIP for: IFMA, SIFMA, FLGMA, FLGLA conversion to FLGMA, FLAg, FLAg for Tourism, CBFMA, OLPLA and SLUP conversions to FLAg or FLAgT, and TFLA or AFFLA conversion to SIFMA.

Issuance

The Regional Executive Director issues the PA 15 days after NCIP receives the endorsement, using the Annex A (new), Annex B (renewal), or Annex C (conversion) template.

Conditions

• New applications: the holder may conduct ground survey, delineation, and boundary demarcation, must protect the area, and may introduce only temporary improvements. Boundaries remain subject to change.
• Renewals: no new permanent improvements; the holder follows prior agreement terms and may harvest from existing agroforestry and plantations under an approved plan or permit.
• Conversions: no new permanent improvements; prior terms continue; government share is computed under the guidelines of the target instrument.

Termination and Extension

• The PA ends automatically when the regular tenure instrument is issued.
• It may be extended if the CP or CNO is not issued within two years, provided no violations occurred.
• If the ICCs issue a Resolution of Non-Consent and NCIP finally denies the application, the holder must vacate and remove temporary improvements within seven days. Permanent improvements revert to the Government, and the area may be opened for investment.
• The PA period counts toward the 25-year tenure term, consistent with the constitutional 50-year limit.

Effectivity

Takes effect immediately after publication and ONAR acknowledgment.

Relevance: projects needing forest land (including FLAg for renewable energy and related facilities) can begin site survey and demarcation while FPIC proceeds, but should not build permanent works before the CP or CNO is issued. Signed by Secretary Roy A. Cimatu. Summary prepared by EnviSynergy from the official DENR issuance; refer to the full text for binding provisions.