130 : Forest Land Grazing Management Agreement

Overview

A production sharing agreement between a qualified person, association and/or corporation and the government to develop, manage and utilize grazing lands.

Main Governing PoliciesDENR Administrative Order No. 1999-36; DENR Administrative Order No. 2004-16; DENR Administrative Order No. 2004-35  
Qualified Participants [1]
  • A Filipino citizen of legal age
  • An association, corporation, partnership or juridical person, at least 60% of its capital is owned by Filipino citizens, duly created and/or registered under Philippine laws
Period of Tenure [1]25 years, renewable for another 25 years
Application Requirements [3]
  • Accomplished application form and payment of application fee
  • Proof that the applicant is a legitimate entity:
    • For individual, certified copy of birth certificate, or if applicant is a naturalized Filipino citizen, a certified copy of Certificate of Naturalization
    • For an association, corporation, cooperative, a certified copy of registration from the appropriate registering agency, Articles of Incorporation and By Laws, and board resolution of authorized representation.
  • Sketch Map of the area subject of the application
  • Endorsement from Local Government Units (LGUs)
  • Initial Environmental Examination (IEE)/Environmental Impact Statement (EIS)
  • Proof of financial capability to develop and manage the area either in the form of credit lines or cattle ownership as certified by the Municipal Treasurer concerned of one (1) head of cattle for every five (5) hectares
Available Areas [1]
  • Extent – contiguous area of not less than 250 hectares
  • Topography – at least 75 % of the area must have a slope of not more than 50%
  • Dominant vegetation is grass
  • Forage production capability of at least 500 kg./ha. (air dry)
  • Free from established private rights or claims
Prohibited Areas [1]
  • Areas covered by the existing Timber License Agreements (TLAs). Industrial Forest Management Agreements (IFMA) and other forest land contracts, leases, permits or agreements, except in the following cases:
    • The lessee, permittee or agreement holder executes a waiver in favor of the FLGMA, Provided, that when any pre-existing rights expire within three years from the issuance of an FLGMA, no waiver shall be required; or
    • A permit is issued only for the collection or harvesting or minor forest products, in which case no waiver from the permittee shall be required. Upon termination of any pre-existing permit for non-timber forest products, such permit shall not be renewed and any new permit shall be given to the FLGMA holder
  • Protected areas except multiple use zones, buffer zones and other areas where utilization activities may be allowed pursuant to the provisions of Republic Act 7586, the National Integrated Protected Areas Act of 1992 (NIPAS) and its implementing rules and regulations
  • Forestlands which have been assigned by law under the administration and control of other government agency;
  • Certified ancestral lands and domains, except where the Indigenous Cultural Communities/Indigenous People (ICCs/Ips) opt to participate in FLGMA; and
  • Other areas occupied by ICCs/Ips that are known to be ancestral but are not yet recovered by Certificate of Ancestral Domains Claims (CADCs) or Certificate of Ancestral Lands Claims (CALCs), unless the ICCs/Ips opt to participate in Community-Based Forest Management Program (CBFMP)
Where to Apply [1] Community Environment and Natural Resources Office/ Implementing Provincial Environment and Natural Resources Office
Approving Authority [4]Undersecretary for Field Operations    
Applicable Fees [2]
  • Administrative Fees
  • Government Share/User’s Fee
 
Development Plans [1,3]
  • Forest Land Grazing Management Plan (within six months after the approval of the Agreement)
  • Five (5) Year Operation Plan
Tenure Holder Responsibilities [1]
  • Protection, development, and maintenance of the area and its productivity
  • Prepare and implement the Forest Land Grazing Management Plan (FLGMP)
  • Submit an Annual Grazing Report (AGR) showing developmental activities undertaken in accordance with the FLGMP
  • Undertake pasture improvements equivalent to a minimum of 10% of the area with high yielding grasses and legumes by reseeding or replanting
  • Fence the perimeter of the area with 1.3 meter high of at least 3 strands of barbed wire, and construct other necessary structural improvements
  • Maintain the required number of cattle stocks in the area in accordance with the grazing capacity
  • Not sublease the area or any portion thereof and shall not allow cattle or animals belonging to other people to graze in the area
  • Establishment of food production area pursuant to PD No. 472 equivalent to 10% of the area but not less than one hectare nor more than 20 hectares
  • Follow forest and environmental laws, policies, rules and regulations
Prohibited Activities [1]
  • Violation of any of the provisions specified in the Agreement
  • Non-Compliance of the approved management and operational plans
  • Failure to submit Annual Grazing Report
  • Failure to pay user’s fee for two (2) consecutive years
  • Selling/subleasing of the FLGM agreement or area
  • Unauthorized transfer of the FLGMA
  • Abandonment of the FLGMA area
Transfer [1]After three (3) years from the approval of the FLGMA, the holder may transfer, sell or assign any right or interest therein, if authorized by the Secretary, and if:
  • Transferor has not violated any of the terms and conditions or any forestry laws, rules and regulations
  • Transferee has all the qualifications to hold an agreement
  • Transferee is agreeable and capable to assume all the obligations
  • Transfer is not being made for purposes of speculation

In the case of death of the FLGMA Holder, the heirs may file an application for the transfer of the Agreement within 60 days after death of the holder, provided that said heirs are willing to assume all obligations, and are capable of managing the area.  
Flow Chart

 

Policy References
Main Policies

The following are the existing policies used as references in this index:

CodePolicy No.Policy TitleDate SignedSignatory
1DAO 1999-36Revised Rules and Regulations Governing the Administration, Management, Development and Disposition of Forest Lands Used for Grazing Purposes1999 Aug 10Sec. Antonio H. Cerilles
2DAO 2004-16Prescribing the Revised Schedule of Forestry Administrative Fees2004 Jun 15Sec. Elisea G. Gozun
3DAO 2004-35Amending Certain Sections of DAO 99-36 entitled “Revised Rules and Regulations Governing the Administration, Management, Development and Disposition of Forest Lands Used for Grazing Purposes”2004 Aug 31Sec. Elisea G. Gozun
4DAO 2016-07DENR Manual of Authorities on Technical Matters2016 May 19Sec. Ramon J.P. Paje
Other Policies

The following are other existing policies related to FLGMA :

Policy No.Policy TitleDate SignedSignatory
PD 705Revised Forestry Code of the Philippines, as amended1975 May 19Pres. Ferdinand E. Marcos
DAO 2020-09Guidelines on the Management of Cancelled or Terminated, Expiring, and Expired Tenurial Instruments2020 Jun 05Sec. Roy A. Cimatu
Policy History

The following are the policies related to FLGMA that were repealed and/or amended:

Policy No.Policy TitleDate SignedSignatory
DAO 1995-13Amending Section 16 of Ministry Administrative Order No. 50, Series of 1982 re: Regulations Governing the Administration, Management and Disposition of Grazing Lands, Communal Grazing Lands and Forest Lands Used for Grazing Purposes and Providing Additional Provisions on the Collection and Mode of Payment of pasture Rental and Other Regulatory Fees1995 Apr 27Sec. Angel C. Alcala
DAO 2000-23Amending Certain Sections of DAO 99-36 entitled “Revised Rules and Regulations Governing the Administration, Management, Development and Disposition of Forest Lands Used for Grazing Purposes”2000 Mar 03Sec. Antonio H. Cerilles
DMC 1995-05Amending BFD Circular No. 12, Series of 1983, (Revised Guidelines in the Processing of Grazing Lease/Permits Application)1995 Feb 16Sec. Angel C. Alcala
DMC 2003-19Clarification on the Rate of User’s Fee for Grazing2003 Sept 20Sec. Elisea G. Gozun
DMO 1998-10Additional Terms and Conditions to be Incorporated in the Forest Land Grazing Lease Agreements (FLGLAs) Relative to the Conduct of Prescribed Burning Inside Pasture Areas1998 Jun 02Sec. Victor O. Ramos

 

Related Documents

Frequently Asked Questions [link to document]

See Also

Forest Landuse Agreement

Special Land Use Permit