Briefer

The following presents the regulatory requirements for the management and development
of the 151,700 square meters (15.17 hectares) owned by Florina H. Ogayon located at
Barangay Bebeladan, El Nido, Palawan.

 The present classification of the property being considered for sale is

Forestland/Timberland. Under the existing land-use laws in the country, the site is
not Alienable and Disposable land, hence cannot be applied for Titling. The
government only allows individuals, partnerships, associations/cooperatives or
corporations to occupy, manage and develop a timberland within a specified period
– as a privilege through an agreement, lease, special use such as Forest Land Use
Agreement for Tourism Purposes or FLAgT.
 Other than FLAgT, an Environmental Compliance Certificate (ECC) with SEP
Clearance from PCSD must be secured as one of the requirements of other permits
(such as business permit, discharge permit, etc) to be issued by concerned
government agencies.
o Timeline
a. FLAgT preparation and issuance of the DENR - 4-5 months
b. SEP Clearance – 1 month
c. ECC – 4 to 5 months
d. Accreditation of the Pollution Control Officer (PCO) – 1 months; the
PCO can be the manager of owner of the establishment; the PCO
certification is issued after attendance to PCO training conducted either
by the EMB or private organization accredited by the EMB.
e. Issuance of Discharge Permit from EMB – 2 months

SPECIAL FOREST LANDUSE AGREEMENT FOR TOURISM PURPOSES (FLAGT)

Governing Policy: DAO No. 2004-28, issued in August 2004 (Rules and regulations
governing the use of forestlands for tourism purposes)

What is a FLAgT?

• A FLAgT is a contract between the DENR and a natural or juridical person,

authorizing the latter to occupy, manage and develop, subject to government
share, any forestland of the public domain for tourism purposes and to undertake
any authorized activity therein.

What are the different FLAgT and allowable maximum area?

Kind Max. area in hectares

Bathing establishment - - - - - - - - - - - - - - - - - - - - - - - - - - 24
Camp
- - - Site - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 5
-Ecotourism
-- ---------------------------------- 24
-Hotel
- Site (inclusive of related resort facilities) - - - - - - - - - 10
---
 Other Tourism Purposes - - - - - - - - - - - - - - - - - - - - - - - - 6

Who approves the FLAgT?

• The FLAgT is approved by the concerned Regional D irector (RD) of the

DENR MIMAROPA.

Can the FLAgT cover an area larger than the allowable maximum area?

• Yes. Should it be necessary for a tourism project to cover a larger area

than the maximum areas allowed to take into consideration the landscape
features required of such projects, such areas shall be approved by the DENR
Secretary.

Who are qualified to apply for a FLAgT?

• A Filipino citizen of legal age;

• An association, corporation, cooperative, partnership or a juridical person at
least sixty percent (60%) of the capital of which is owned by Filipino citizens, duly
created and/or registered under Philippine laws, and are financially capable of
developing the area for tourism purposes.

What is the duration of a FLAgT?

• A FLAgT shall have a maximum duration of twenty five (25) years renewable
for the same period.

What are the requirements for FLAgT application?

 Duly accomplished application form

• If applicant is:
a. An individual
o Certified copy of birth certificate, or if applicant is a naturalized
Filipino citizen, a certified copy of his/her Certificate of Naturalization
b. Corporation/Association/Partnership
o Certified copy of Securities and Exchange Commission (SEC)
registration certificate and Articles of Incorporation/Partnership
o Resolution of the corporate governing body designating the
authorized representative of said corporation
c. Association or Partnership
o Certified copy of registration from the appropriate registering agency
d. Cooperative
o Certified copy of certificate of registration with the Cooperative
Development Authority (CDA)

 An Comprehensive Management and Development Plan

 For areas covered by specific laws such as the (RA 7611 or Strategic
Environmental Plan – SEP for Palawan) and RA or by co-management scheme,
clearance/authorization from the appropriate governing body/authority

What is the Minimum Entry Fee for bidders?

 Area Minimum Entry Fee

0.5 ha and below - - - - - - - P 25,000.00

0.51 ha to 0.99 ha - - - - - - - P 50,000.00
1.0 ha to 5.0 has - - - - - - - - P 100,000.00
over 5.0 has - - - - - - - - - - - P 150,000.00
 What are some of the roles and responsibilities of the tenure holder, PCSD the
DENR and LGUs?

 Tenure holder –
o Through an authorized geodetic engineer, delineate and mark on the ground
the boundaries of the FLAgT area;
o submit a comprehensive site management and development plan;
o submit annual reports on its compliance with the approved SMP;
o secure the required ECC and other necessary permits prior to the
conduct of any activity in the area;
o utilize the area only for the purpose for which the FLAgT is granted;
o adopt ecological solid waste management and abide with the provisions
of the Clean Water Act;
o protect all biodiversity in the area;
o Pay the government share.
 PCSD – conduct site validation and evaluation for the issuance of ECAN Zoning
Certificate; issues SEP Clearance
 DENR – conduct site assessment; issues Certificate on the status of the area;
conduct annual monitoring and evaluation of the development of the awarded area.
 LGUs El Nido – Participate in the identification and validation of areas for
FLAgT sites;
o endorsement by the concerned LGU Sanggunian (barangay, municipality,
province) of the area as a FLAgT area. Prior to the endorsement of the LGU,
its evaluation team shall conduct the necessary site validation and
assessment.

Environmental Compliance Certificate (ECC) requirements for the establishment and

operation of Beach Resort (timeline for the ECC issuance is at least 4 months)

a. Project Description
b. Environmental Impact and Management Plan prepared by IEE Preparer
c. Abandonment/Decommissioning/Rehabilitation Information
d. Geotagged Photographs of the project area
e. Topographic Map
f. Zonal Clearance from LGU El Nido
g. Site Development/Vicinity map prepared by Geodetic or Civil Engineer
h. Project Layout prepared by Geodetic or Civil Engineer
i. Schematic Diagram of waste water treatment facility prepared by Geodetic or Civil Engineer
j. Schematic Diagram of air pollution control facility prepared by Geodetic or Civil Engineer
k. Organizational Chart in charge of environmental concerns
l. Proof of authority over the project site (such as FLAgT)
m. Duly notarized accountability statement of the proponent/owner
n. Duly accomplished Project Environmental Monitoring and Prioritization Scheme (PEMAPS)
o. IEE Checklist Sworn Statement
p. Land Bank receipt of application fee
q. Affidavit of No Complaint
r. SEP Clearance from Palawan Council for Sustainable Development (PCSD)
s. Endorsement and Certification from the Protected Area Management Board (PAMB)
t. Sangguniang Bayan ng El Nido Resolution
u. Certification from Sanitary Engineer of El Nido
v. Certification on the Easement Requirement from CENRO Taytay and MENRO of El Nido
w. Other requirements that maybe required as the DENR deemed necessary to be submitted.