Revised Guidelines on the Survey and Registration of Protected Area Occupants

August 1, 2013

DENR ADMINISTRATIVE ORDER NO. 020-13

 

Pursuant to the Sections 5.d (1) and 10 (o) of Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) Act of 1992, and Rule 15 of DENR Administrative Order No. 2008-26 or the Revised Implementing Rules and Regulations of NIPAS Act of 1992, the following guidelines are promulgated.

SECTION 1. Objectives. — The Survey and Registration of Protected Area Occupants (SRPAO) shall be conducted in protected areas to provide basis for the recognition of tenured migrants. The specific objectives of the SRPAO are:

1. To establish the official list of male and female household heads/heads of family recognized as tenured migrants;

2. To identify the male and female protected area occupants and determine their actual number;

3. To determine the location, boundaries, and extent of the area occupied by, as well as, resource use of the protected area occupants and other entities; and CaSAcH

4. To ascertain the period of occupancy of the protected area occupants.

The results of the SRPAO shall be inputs to the protected area management zoning/planning and serve as baseline in monitoring protected area occupation, and financing mechanisms.

SECTION 2. Scope and Coverage. — This Order shall cover all occupants within protected areas.

SECTION 3. Definition of Terms. — As used in this Order, the following shall be defined as follows:

a. Farmlot — a parcel of land of the protected area wholly or partly cultivated for the production of food, crops, forage, fuel wood or other purposes;

b. Homelot — a parcel of land of the protected area where the residence or house of the occupant is located;

c. Household — an individual or aggregate of persons, generally but not necessarily bound by ties of kinship, who reside in the same dwelling unit and have common arrangements for the preparation and consumption of food. It is necessary that the aggregate of persons should recognize one of them as the head of the household;

d. Household Head — a male or female member of the household who is responsible for the care and organization of the household or the one who is regarded as such by the members of the household; ACcEHI

e. Indigenous Peoples (IPs)/Indigenous Cultural Communities (ICCs) — a group of people or homogenous societies identified by self-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and culture, become historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains;

f. National Integrated Protected Areas System (NIPAS) — the classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible;

g. Non-Government Organization (NGO) — a private, non-profit voluntary organization that has been organized primarily for the delivery of various services to the ICCs/IPs and has an established track record for effectiveness and acceptability in the community where it serves;

h. Other Entities — includes companies, organizations, institutions, etc. operating inside the protected area with agreement or permit either from PAMB or DENR; aHcACI

i. People's Organization (PO) — a group of people, which may be an association, cooperative, federation, or other legal entity, established by the community to undertake collective action to address community concerns and needs and mutually share the benefits from the endeavor;

j. Protected Area — identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation;

k. Protected Area Management Board (PAMB) — multi-sectoral board created in each established protected area and vested with powers to administer the NIPAS implementation.

l. Protected Area Occupants — persons who are residing, utilizing and/or cultivating areas within the protected area;

m. Survey and Registration of Protected Area Occupants (SRPAO) — the process of detailed demographic study, assessment of socio-economic condition, and validation of proofs of occupancy of migrants living, cultivating and dependent on the resources of the protected area for the purpose of coming up with a list of protected area occupants; and

n. Tenured Migrant — a male or female protected area occupant who has been actually and continuously occupying portion of the protected area for five (5) years before its designation as protected area and solely dependent therein for subsistence. "Solely dependent" means that everything indispensable for survival for the household, including food, clothing, shelter and health, comes only from the utilization of resources from the protected area. ATcaEH

SECTION 4. Survey Team Organization and Composition. — The concerned Regional Executive Director (RED) shall organize the SRPAO Survey Team which shall be composed of the following:

Team Leader : Protected Area Superintendent (PASu)

Members : Representatives from the following:

a. PAWCZMS/Regional Office

b. PENR Office

c. CENR Office

d. concerned Local Government Unit/s (LGUs)

e. locally-based Non-Government Organizations (NGOs)

f. People's Organizations (POs)

The number of team members may vary depending on the size of area, estimated protected area occupants and funds available for the activity. At least 10% of the survey team should be composed of female members.

The team shall undergo capacity building/orientation/briefing on the conduct of the SRPAO to effectively carry out the activities in Section 5 of this Order.

SECTION 5. Procedures in the Conduct of SRPAO. — The SRPAO, the flowchart of which appears as Annex A of this order, shall be conducted by the Survey team as follows:

5.1. Initial Data/Information Gathering and Collation. Recent data/information on the population such as location, approximate number, and livelihood, among others, shall be gathered from the Office of the Barangay, Office of the Municipal Planning and Development Coordinator, Local Census and Statistics Office, Commission on Elections, Rural Health Unit and other concerned agencies. AHCcET

The initial data/information shall be used in planning for the actual survey, to determine the number of team members and groupings, number of survey days, among others.

5.2. Coordination and Consultations. Courtesy calls shall be made to inform/orient local officials/leaders about SRPAO and NIPAS Act. Coordination with other key informants shall also be undertaken to gather additional information regarding protected area occupants.

Meetings/dialogues with the protected area occupants shall be properly scheduled in coordination with appropriate local government officials, NGOs and POs. The purpose, importance and benefits of the survey specifically with regard to the provisions of the NIPAS Act and its IRR shall be presented and discussed. Furthermore, community mapping reflecting the approximate location of the homelots and farmlots of the occupants shall also be done.

5.3. Actual Survey. One hundred percent (100%) survey of all protected area occupants shall be done to achieve the general objectives of the activity.

5.3.1. Interview of Household Head. The survey team shall visit each house and interview the household head using a structured questionnaire or Form 1 Questionnaire (Annex B). The location of the house shall be recorded using GPS. In case the household head is not available during the time of interview, any household member knowledgeable to answer the questionnaire may be interviewed. The name, age, gender, relationship to household head, etc. shall be recorded. When in doubt about the information given, the survey team should exert the best effort to get in touch with the concerned household head. In both instances, Form 1 shall be signed by the respondent either handwritten or thumb mark. HAcaCS

 In case the household head or members refuse to be interviewed, the barangay representative present during the survey and the enumerator should affix their signatures on the space provided at the lower portion of Form 1 to affirm the refusal or non-cooperation of the household head for the survey. For proper documentation, the Survey Team shall secure a certification from the Barangay Captain using Attachment 1.

5.3.2. Posting of Sticker. After the interview process, the survey team with the permission from the household head shall post the sticker using Form 4 Certification of Survey and Registration (Annex E) on a conspicuous part of the house being surveyed. For control purposes, the house tag shall be numbered as follows: Region-Acronym of Protected Area-Year of Survey-Tag Number.

5.3.3. Farmlot Visitation/Verification. The survey team, with the assistance of the concerned household head or concerned household member, shall visit the farmlots to verify the location. Necessary documentation shall be done to include pictures and location of the farmlots using GPS, and listing down all existing developments/improvements introduced in the farmlots. 

5.3.4. Proofs of Occupancy. To verify the length of occupancy of the protected area occupant, the following shall be the bases:

a. Physical structures indicating prolonged occupancy or Certification under oath from the Barangay Chairperson or from any two (2) respected members of the nearest community attesting to the occupancy; and ETHIDa

b. Any two or more of the following shall be considered as proofs of occupancy:

i. Planted trees;

ii. Inventory report of forest occupants of concerned government agencies, if available; and

iii. Other relevant documents to prove occupancy such as but not limited to: COMELEC registration, old community certificate, etc., or upon determination by the survey team.

5.4. Collation, Organization and Analysis of Actual Survey Data. The raw data gathered during the actual survey shall be collated to list down all the protected area occupants per municipality and barangay using Form 2 Summary per Barangay (Annex C) and Form 3 Summary Sheet (Annex D). Occupants who refused to be interviewed shall also be listed and indicated in the remarks column under Form 2.

The location of the homelots and farmlots shall be reflected on the protected area map with the scale of 1:20,000 using standard cartographic symbols below for households. ADCETI

The team shall analyze the data collated as to the total number of protected area occupants, size & location of area occupied, livelihood activities, estimated income and determine the tenured migrants, male and female.

As stated in DAO 2008-26, Rule 15.2, the reckoning period of five (5) years to qualify as tenured migrant shall be:

a. For initial components of the NIPAS, August 5, 1987 or five (5) years prior to the effectivity date of the NIPAS Act. In case the initial component is expanded, the reckoning date for recognition of tenured migrants shall be five (5) years prior to the recent proclamation;

b. For additional area of NIPAS, five (5) years prior to the Presidential Proclamation or congressional enactment establishing a particular protected area, whichever is earlier. In case of expanded additional areas, the reckoning date for recognition of tenured migrants shall be five (5) years prior to the original proclamation.

The output for this activity shall be a list of tenured migrants and the socio-economic information of the area, which shall serve as baseline data for the protected area for monitoring the extent of increase or decrease of occupation and the socio-economic condition of the protected area. The list shall be presented to the PAMB. CAaDTH

5.5. Public Notification. The PASu shall notify the public on the results of the survey by posting the list of the tenured migrants in public conspicuous places such as but not limited to barangay hall, municipal hall, civic centers, etc. A form for notification to the public is provided as Attachment 2. It shall be posted for sixty (60) days with the following information:

a. Name of household heads (male/female)

b. Name of dependents (male/female)

c. Size of the individual farmlots and homelots

d. Location of the farmlots and homelots aSITDC

e. Proofs of occupancy

f. Date of occupancy

In accordance with Rule 15.5 of DAO 2008-26, the PASu should provide the concerned LGU and PAMB with the list of protected area occupants who do not qualify as tenured migrants and should be resettled outside the protected area. The PAMB in coordination with the LGU concerned shall implement a definite schedule for resettling them outside the protected area.

5.6. Conflict Resolution. Should there be any protests/questions/queries/complaints/clarifications on the list of tenured migrants, the affected occupants may file these in writing with the PASu within 60 days. Complaints submitted or filed beyond 60 days from the day of posting shall no longer be entertained.

The PASu shall convene the survey team within five (5) working days after receipt of protests/questions/queries/complaints/clarifications to act on the matter/queries and shall then submit recommendation to the PAMB. The PAMB shall make the necessary review and issue resolution if no conflict. However, if there are conflicts, the PAMB shall refer back the issue to the PASu/complainants. The survey team may call for administrative proceedings/hearing, if necessary, to address the conflict.

Upon resolving the conflict, the survey team will recommend action/s to the PAMB. If the conflict involves inclusion as tenured migrant, the PAMB will make an addendum to the List of Tenured Migrants. However, if the protests/questions/queries/complaints/clarifications could not warrant inclusion to the list, the PASu should inform the concerned party that his/her protest could not be granted. ISDCHA

If conflict still arises after the official list has been posted or decision has been final, the aggrieved party can file an appeal to the concerned and nearest DENR Field Office. Further, either party can file an appeal to the DENR Central Office, Legal Service from the decision rendered by the Region.

5.7. Official List of Tenured Migrants and Certificate of Recognition. After public notification, the list of tenured migrants, or Form 5 Official List of Tenured Migrants (Annex F) including the copy of accomplished Forms 1, 2 and 3 shall be submitted by the PASu to the Regional Technical Director (RTD) for Protected Areas, Wildlife and Coastal Zone Management Service (PAWCZMS) through the Protected Area and Wildlife Division (PAWD). Within ten (10) days from the receipt of the report from the PASu, PAWD shall review and consolidate the report using Attachment 3 (Consolidated Report of Survey and Registration of Protected Area Occupants). The PAWD through the RTD for PAWCZMS endorses the Official List of Tenured Migrants to the RED with the Certificates of Recognition (Attachment 4) for his/her signature. The RED shall affix his/her signature on all the pages of the official list of tenured migrants.

The PAWD shall photocopy and certify the official list of tenured migrants, and send back the original list of tenured migrants to the PASu for safe keeping in the PA Office. Certified photocopies shall be furnished to the CENRO/s concerned and PAWB.

The RED shall issue a Certificate of Recognition to be distributed by the PASu to all tenured migrants specifically the household head. The PASu shall conduct an orientation/briefing on the use and importance of Certificate of Recognition.

The Certificate of Recognition or the Official List of Tenured Migrants is proof needed in applying for a tenurial instrument that would grant them security of tenure over the area being occupied and may qualify them to available assistance. This shall serve as the registration of tenured migrants in a particular protected area. SAHEIc

SECTION 6. Conduct of Survey for Indigenous People (IP)/Indigenous Cultural Communities (ICCs) within Ancestral Domain Areas inside Protected Areas. — There shall be conduct of survey for IP/ICCs within ancestral domain areas inside the protected areas, and shall consider the following:

6.1. In Certificate of Ancestral Domain Title (CADT) with total or partial overlap with protected area, there should be deliberate effort to gather information on the following from other agencies, such as NCIP, DA, LGU using Form 6 Questionnaire for Indigenous People (Annex G):

a. Size of population;

b. Area occupied in hectares;

c. Council of elders/leader;

d. Source of livelihood; and

e. Land-use/zoning.

6.2. For protected areas with IPs but without CADT, the SRPAO Forms 1-3 shall be used. Additional information shall be gathered from other agencies, such as NCIP, DA, and LGU using Form 6 Questionnaire for Indigenous People.

6.3. Non-IPs found inside the CADT shall not be surveyed under the SRPAO.

SECTION 7. Forms. — All survey and other forms issued pursuant to this Order shall be the official forms of the DENR in the conduct of SRPAO. When necessary and after consultation with concerned offices, the PAWB may amend, modify, or issue supplemental revision of the forms for the effective implementation of this Order. aAIcEH

SECTION 8. Reporting of the Survey Result. — The Survey team, with the PASU as the team leader, shall submit a report on the results of the conduct of SRPAO to the RTD for PAWCZMS through the PAWD, with the following attachments:

a. Copy of accomplished Forms 1, 2 and 3;

b. Official List of Tenured Migrants using Form 5 (Annex F); and

c. PA map reflecting the homelots and farmlots.

The PAWD shall also furnish the PAWB for information, of the following:

a. Consolidated Report of Survey and Registration of PA Occupants (Attachment 3);

b. Certified photocopy of the Official List of Tenured Migrants; and

c. Photocopy of accomplished Forms 2 & 3.

SECTION 9. Survey Team Accountability. — The survey team shall be made accountable for all the entries appearing in all SRPAO accomplished forms by affixing their signatures on all pages and duly attested by concerned CENROs/PENROs.

SECTION 10. Monitoring and Evaluation. — The PAWD shall conduct monitoring and evaluation on the conduct of the survey and registration of protected area occupants by the survey team. A report shall be submitted to the Secretary through PAWB. The PAWB may also conduct monitoring and evaluation on SRPAO process in selected protected areas including the issuance of certificate of recognition to household head. IATSHE

SECTION 11. Fund Allocation. — The DENR shall allocate the necessary funds for the implementation of this Order.

SECTION 12. Separability Clause. — If any part or section of this Order is held invalid, all other provisions, parts or sections not affected thereby shall remain in force.

SECTION 13. Repealing Clause. — This Order revokes DAO No. 1993-13 or Guidelines in the Conduct of Census and Registration of Protected Area Occupants. All other orders, memoranda and circulars which are inconsistent herewith are likewise repealed and/or amended accordingly. 

SECTION 14. Effectivity. — This Order shall take effect fifteen (15) days upon publication in a newspaper of general circulation and filing of the same with the Office of the National Administrative Register.

(SGD.) RAMON J.P. PAJESecretaryDepartment of Environment and Natural Resources

Published in the Malaya on August 22, 2013.

Acknowledgement: ONAR, U.P. Law Center on August 29, 2013.

ANNEX A

Procedure on the Surveys and Registration of Protected Areas Occupants (SRPAO)

 

ANNEX B

FORM 1Questionnaire

 

ANNEX C

FORM 2Summary per Barangay

 

ANNEX D

FORM 3Summary Sheet

 

ANNEX E

Survey of Protected Area Occupants Form No. 4

 

ANNEX F

Survey and Registration of Protected Area Occupants

ANNEX G

FORM 6Questionnaire for Indigenous People

ATTACHMENT 1

Barangay Seal

ATTACHMENT 2

Date: ___________

NOTICE TO THE PUBLIC

The DENR, pursuant to the Department Administrative Order No. ________ has conducted the Survey and Registration of Protected Area Occupants (SRPAO) on _____________ (Duration of Survey) in the whole protected area of ______________ (Name of Protected Area). Upon verification and analysis of the result of SRPAO, and following the qualification set by the Rule 15 of DENR Administrative Order No. 2008-26 also known as "Revised Implementing Rules and Regulations of Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) Act of 1992", the following are found to be included in our list of tenured migrants: LLjur

 

	Name of	Name of	Homelot	Farmlot	Occupancy
	Household	Dependents	Size (ha)	Location	Size (ha)	Location	Date	Proofs
	Head
1.	_________	__________	_______	________	_______	________	______	______
2.	_________	__________	_______	________	_______	________	______	______
3.	_________	__________	_______	________	_______	________	______	______
Nth.	_________	__________	_______	________	_______	________	______	______

Any questions/queries/clarifications should be done in writing within 60 days beginning with the date of this notice and sent to the office of the undersigned at _________________________ (Office Address of PASu).

This NOTICE would not grant security of tenure over their areas being occupied. This document merely recognizes that the above persons qualify as tenured migrants of _____________________________ (Name of Protected Area). HATICc

_________________________Protected Area Superintendent

ATTACHMENT 3

Consolidated Report of Survey and Registration of Protected Area Occupants

 

ATTACHMENT 4

Certificate of Recognition