Cutting trees in Sagada

HAPPY WEEKEND

Gina Dizon

SAGADA, Mountain Province -- Doming   (not his real name) from Poblacion Sagada feels bad that the pine wood he felled from their clan’s ancestral lot and sawn into 221 pieces of lumber for use  to build a house was confiscated by the Department of Environment and Natural Resources early June.

Mariano (not his real name) from southern Sagada is angry and frustrated that some pieces of pine wood felled from their ancestral forest and deposited along the road to be hauled to the site of his family’s house being built was confiscated by elements of the Philippine National Police and DENR last May.

Earlier this May 2, some 401 pieces of sawn lumber were confiscated by elements of the PNP and DENR at Balintaugan, Bauko adjacent Ankileng, Sagada which folks claim as their ancestral land.

In observance with Executive Order 23 and Presidential Decree 705, the DENR and PNP with the cooperative support of the Philippine Army are on alert following directives on implementing environmental laws.

PD 705 provides penalties on unlawful acts on destruction of any part of the forestland including the cutting of trees and kaingin making.

Executive Order  23  issued in 2011 declares a moratorium  on the cutting and harvesting of timber  and prohibits the DENR  from issuing or renewing tree cutting permits in natural and residual forests nationwide.

Tree cutting associated with cultural practices pursuant to the Indigenous Peoples Right Act (IPRA Law) may be allowed only subject to strict compliance with existing guidelines of the DENR.

Guidelines refer to the Joint Administrative Order of 2008 of the NCIP and the DENR for the recognition, documentation, registration and confirmation of sustainable customary forest resources management systems and practices of indigenous cultural communities.

Both Doming and Mariano, cultural community residents of Sagada say the sawn lumber was  supposed to be used for construction of their respective houses.

For vigil purposes, a tree is also felled from the communal property of the clan where a departed person belongs.

Such are some of the customary practices of Sagada  in their batangan system and other nearby tribal communities of  Besao, Tadian, Bauko, Sabangan, Bontoc, Sadanga including eastern tribal areas of the province  where  respective customary practices on ownership and management of forest lands are observed.

With no enacted implementing rules and regulations (IRR) of the Joint NCIP- DENR Order in communities who have customary practices on forest land management including resource use, the owner of the trees/lot is vulnerable to arrest and the forest product confiscated unless the necessary permit is applied for and issued. .  

This results to some individuals charged for violation of forestry laws such as illegal logging, suspects out on bail, some cases dismissed and some cases still being heard aside from the lumber and wood sawing equipment confiscated.

Only Tadian municipality in Mountain Province was able to document, formulate and have the IRR of the said national law passed by their legislative council and accordingly signed by the regional director of DENR. 

Besao is yet to have its  IRR  be approved pending endorsement from the Provincial DENR.  Sagada which is the role model for the batangan system has yet to substantially formulate its draft IRR following the joint NCIP-DENR Order at the municipal level.

The  IRR of said national law has been initiated by the previous Sagada Sangguniang Bayan and. the draft IRR critiqued by the office of the Provincial Environment Natural Resources Officer  (PENRO) found  lacking in provisions.

Customary rules as documented, formulated and  processed for legal reference are a vital necessity in recognizing age-old practices so people who make use of their forest lands and access of forest products are legally protected.

With no IRR from the main law, residents are vulnerable to arrest, harvest of lumber and chain saws confiscated, prevented from building a house or making furniture from pine wood. 

For quite some time, the government’s forestry laws have been kind of lax in implementation so the building of houses and making of furniture here in this town without need to secure permits. Except on some isolated cases where some individuals were charged for violation of forestry laws, the PNP and the DENR are observed to be very strict these days.

Barangay captain John Taguindodo of Nacagang nearby Bagnen Bauko wants that the batangan IRRules be passed as soon as possible.

PENRO Octavio Cuanso encourages municipalities to document, formulate and enact their respective IRRs pursuant to 2008 Joint NCIP-DENR AO No 1.