RESOLUTION PRESCRIBING THE INTERIM POLICY GOVERNING THE ISSUANCE OF LICENSES FOR ALMACIGA RESIN CONCESSIONS IN PALAWAN

WHEREAS, the Strategic Environmental Plan for Palawan (R.A 7611) provides for the establishment of a graded system of protection and development control over the whole of Palawan through the Environmentally Critical Areas Network (ECAN);

WHEREAS, recognizing the tribal ancestral lands as a main component of the ECAN, Section 11 of Act calls for “a special kind of zonation of tribal ancestral lands to fulfill the material and cultural needs of the tribes using consultative provess and cultural mapping of the ancestral lands:

WHEREAS, pursuant to the provisions of the SEP Act consistent with the policies of the DENR, in particular Department Administrative Order No. 2, Series of 1993, the PCSD adopted Resolution No. 93-38A on 26 November 1993 providing for the Guidelines for the Identification and Delineation of Ancestral Domain and Land Claims in Palawan;

WHEREAS, Section 11 of the aforecited Resolution proveds that “contracts entered into as well as licenses and permits issued by the DENR and the LGUs for the exploration and utilization of natural resources inside and ancestral domains shall remain in force and effect until the term of the agreement shall have expired unless earlier revoked or cancelled for non-compliance or violation of any of its terms and conditions. Thereafter, except for those issues to members of the indigenous communities, such contracts shall be renewed only upon written consent of the IC concerned”,

WHEREAS, in line with DAO No. 2, Series of 1993, thirteen claims on ancestral domains have been filed (see Annex A) of which DENR has approved two Certificate of Ancestral Domain Claims (CADC) on 28 February 1996, namely, Cayasan and Cabayugan in Puerto Princesa City, while the remaining eleven applications are in various stages of processing.

NOW THEREFORE, BE IT RESOLVED THAT:

1. The PCSD Committee of Forestry Affairs shall conduct a public hearing to take cognizance of the arguments and sentiments of the concessionaries and the ICC’s and subsequently formulate the policy to govern issuance of almaciga resin licenses, for the Council’s deliberations;

2. In the absence of an approved policy on the matter: a) licenses which are in force as of date shall be allowed to continue operationg until their correspondig expirations dates, as indicated in Annex Bof this resolutions; and b) licenses which have expired as of date shall not be renewed except those that are eligible for renewal in favor of the ICC whose claims are covered by an approved CADC pursuant to PCSD Resolution No. 93-38A and DENR DAO No. 2, S. of 1993.

3. Applications for almaciga concessions that will be filed by the ICC’s concerned upon expiration of the current licenses held by private concessions within approved CADC areas will be subjected to existing rules and regulations.

4. Information dissemination regarding the provisions of this Resolution be conducted throughout the province for proper guidance of all concerned. RESOLVED, further that copies of this Resolution be furbished to the PENRO and CENRO’s for their information and appropriate action.

APPROVED AND ADOPTED this 24th of January 1997 in Puerto Princesa City.

Certified True and Correct: Executive Dir. ARTHUR R. VENTURA Secretary

APPROVED: GOV.SALVADOR P. SOCRATES Chairman

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