SPECIAL LAND USE PERMIT - DENR CATANDUANES



SPECIAL LAND USE PERMIT

FAO No. 8, S. 1962; FAO No. 4-15, S 1967; DAO No. 2000-11

What is a Special Use?

➢ “Special Use” includes all forms of legal uses of public forest lands.

What are the different Special Land Use Permits and allowable maximum area?

➢ Kind Max. are in has.

Bathing Establishment 24

Communication Station Site (radio, telephone, etc.) 6

Nipa plantation 10

Other Lawful Purposes (use to be specific) 6

Who are qualified to apply for a Special Land Use Permit?

➢ All Filipino citizen who are at least twenty-one (21) years old or the head of the family or duly recognized corporations.

What is the validity of SLUP?

➢ The validity of SLUP is one (1) year renewable for another year.

Can the SLUP be converted into lease agreement?

➢ SLUP can be converted into a lease agreement provided that the area has a substantial improvements/development introduced thereof and no violations of the term and conditions of the permit are committed by the permittee.

Who issues/approves the Special Land Use Permit/Lease Agreement?

➢ Activity Limit of Authority Approving Authority

a. Special Land Use - Secretary

Lease Agreement

b. Special Land Use Original and renewal

Permit - less than 1 ha. CENRO

- 1-5 has. PENRO

- more than 5 to 10 has. RTD for Forestry

- more than 10 has. RED

c. Special Land Use Original and renewal

Permit for Public - with tree cutting Secretary

Infrastructure - without tree cutting RED

REQUIREMENTS

1. Application form duly accomplished.

2. If applicant is:

a. Corporation/Partnership/Association

❖ Article of incorporation

❖ Constitution and By-Laws

❖ Minutes of the latest organizational meeting of Board of Directors electing the present officers of the Corporation

❖ Resolution adopted at said board meeting electing present officers of the corporation as certified by the Board secretary

❖ Minutes of meeting of the Board of Directors indicating authority of the officer to file the application in behalf of the Corporation

❖ Financial Statement of the previous two (2) years if already existing before application. Provided, that the Article of Incorporation must show an undertaking that there will be no transfer of capital structure of the Corporation and should there be any transfer of stocks, it shall not be affected without the approval of the Secretary. Provided, further, that all the above corporate documents are certified by the SEC.

b. Married woman, written consent of the husband

c. Government employee, written permission from the Department Head or Agency Head concerned.

3. Income Tax return of the proceeding year

4. Comments/indorsement from:

a. The City/Municipality where the area applied for is located

b. The Philippine Port Authority if applied area includes offshore/foreshore areas

5. Project Feasibility Study/Business Management Plan

6. Environmental Compliance Certificate (ECC) or certificate of Non-Coverage from EMB

7. Bank Certification as to the availability of sufficient funds for the initial operating cost of the project

8. Authorization for DENR employee/representative to inspect such bank deposit

9. Survey returns, map and sketch map of the area

10. Payment for the following fees:

Application Fee - P 300.00

Survey/Inspection - P2,000.00 plus the actual cost of the survey team

Oath - P 30.00 (if subscribed by a DENR official

authorized to administered oath)

Performance bond (in cash) – twice(2x) the annual rental

Annual Rental (DAO No. 18, S 1993), computed based on the following schedule:

1 ha. Or less - P 70.00 per hectare

Over 1 ha. To 5 has. - P 150.00 per hectare

Over 5 has. - P 250.00 per hectare

PROCEDURE

1. Submit duly completed application from with the above documents/requirements to CENRO;

2. CENRO reviews documents/requirements submitted and conduct inspection and survey of the area applied for, if found in order and applied area is less than one (1) ha., prepares and approved the permit;

3. If the applied area is one (1) ha. To 5.0 has., CENRO endorses application to PENRO;

4. PENRO reviews documents, if found complete, permit is approved;

5. if applied area is more than 5 has., PENRO endorses application to Region;

6. RTD for Forestry reviews documents, if found in order, permit is issued provided area does not exceed 10 has.

7. If the applied area is more than 10 has., RTD for Forestry prepares permit for the RED’s approval and signature.

8. In case of Special Land Use Permit for Public Infrastructure which do not involve cutting of trees, permit will be approved by the RED, but if it involves cutting of trees, application will be indorsed to the Central Office for review and approval of the Secretary;

9. All approved permit will be sent to the concerned permittees (Copy furnished: RED, PENRO, CENRO, USEC for ENR Operations, Director FMB, Municipal and Provincial Assessor).

Republic of the Philippines

Department of Environment and Natural Resources

COMMUNITY ENVIRONMENT AND NATURAL RESOURCES OFFICE

San Isidro Village, Virac, Catanduanes

CENRO FILE NO. ___________________ ___________________________________

DATE FILED: ___________________ (Pale & date of Application)

APPLICATION_______________________________________PERMIT/LEASE

(Specify Special Land use)

____________________________________

(New, Renewal, Change of Area)

The CENR Officer

DENR-CENRO, Virac, Catanduanes

Sir:

1. In accordance with the laws and regulations governing the use and occupation of public forest land which I shall familiarize myself and to which strict compliance is hereby promised:

I, __________________________________, ________ years old and a resident of ________________________________________ with post/mailing address at ________________________________________, have the honor to apply for ________________________________________ permit/lease to occupy and use, upon approval thereof, a parcel of public forest land containing ______ hectares, approximately the location and boundary of which are as follows:

Province of ________________________________ North: ________________________

Municipality of ____________________________ East: _________________________

Barrio of __________________________________ South: ________________________

Sitio of ___________________________________ West: ________________________

(If applicant is a corporation or partnership, attach hereto a copy of Articles of Incorporation or Partnership duly registered with and certified as true and correct copy thereof by the Securities and Exchange Commission).

2. This area will be planted with (Fill this up if application is for tree plantation permit/Lease) ______________________________________________.

3. I have or have had this land examined/investigated and found it with _________________________________ (No. or give the number of squatters or claimants). In case some claim(s) comes up later, I agree to have my area, if approve to me, be amended to exclude meritorious claims either before or after I am granted the permit or lease. I have conspicuously marked on the ground the corners of this land, posting signboard thereon and caused the blazing (one meter wide) of the boundaries thereof, and within this area the following improvements and signs of occupations are found (specify) __________________ claimed by: _________________ address:

4. I am a citizen of the ___________________ by birth/naturalization treaty

Date and place of birth: _____________________________________________

5. I am a single/married and the name of my wife/husband is ________________________ (wife applicant must attached hereto marital consent of husband who would state why this application and the permit applied should not be in his name). nearest other relative: ______________________.

6. I am ____________________ government employee. My occupation/position is ________________ and my income is _______________ per month/annum. (If applicant is a government employee, attach to this application a written permission from the Department Head to have forest land under the Forest Law).

7. My available working capital which I will immediately invest for the operation of the permit/lease the moment it is granted to me is _______________, in cash on hand and or deposit with ___________________________ under Bank Deposit book No. ______________________ and an authorization allowing the Regional Executive Director or his duly authorized representative to verify information from the Bank, real and other property registered or recorded in my name are (Enumerate, giving tax number and assessed value of each. If land give an area in hectares) _____________________________________

8. I am not a DUMMY of, or in collusion with, any person association, partnership, or corporation. If this application is accepted, I will submit affidavit to this effect before a permit or lease is granted to me.

9. Other forestry application submitted by me, my wife/husband or father/mother (state names) are: _______________________________________________________________________

10. Special use permit and lease and/or applications in which I am financially interested (state kind, number and names of permittee or lease and location by municipality and province): __________________________________________________.

11. My relationship with DENR Officer, Mr./Mrs. ________________(position) ____________, is that of ______________.

12. I understand that anything I have said in this application that is not according to facts or any omission of facts thereof shall, ipso facto, cause the rejection of this application and/or cancellation of my permit or lease that may be issued to me and I shall have no right to claim reimbursements for any expenses incurred or for any improvement which, I agree, shall be forfeited in favor of the government, I also agree that priority hereof shall begin from regional Executive Director, if not originally filed with this application.

13. I UNDERSTAND THAT THE MERE FILING OF THIS APPLICATION CONVEYS NO RIGHT TO ME TO ENTER, OCCUPY OR CLEAR THE LAND UNTIL A PERMIT OR LEASE IS ISSUED TO ME BY THE DENR REGIONAL EXECUTIVE DIRECTOR OR THE DENR SECRETARY.

14. I understand that the cutting, collecting and removing of forest products or the felling of trees existing in the land is not included in this application and that in case it is necessary, I shall obtain a license permit for it, or shall respect those granted to other persons by the DENR regional Executive Director.

15. The application fee of P___________ in cash/Money Order/Bank draft payable to Regional Executive Director, DENR 5, Legazpi City is herewith enclosed (see schedule of application fee, rentals, etc. or consult any local DENR Office) and I agree that this fee shall not be refundable anymore.

______________________________ ___________________________

(Postal/Mailing Address) (Signature of Applicant)

Republic of the Philippines )

Province of Catanduanes : S.S.

Municipality of ___________ )

SUBSCRIBED AND SWORN TO before me this ________ day of ____________ 200__, Affiant exhibited to me his/her Res. Cert. No. ________________ issued at __________________ on ____________________.

__________________________________

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