Republic of the Philippines

Office of the President

NATIONAL COMMISSION ON INDIGENOUS PEOPLES
Cordillera Administrative Region
Unit 311, Lyman Ogilby Centrum, 358 Magsaysay Ave., Baguio City
Tel/Fax No: (074) 422-4173 (ORD/Admin) 424-3074 (Technical) *www.ncipcar.ph* Email: car@ncip.gov.ph

1. The writ of kalikasan, or a ‘writ of nature’, the legal remedy is one

unique to Philippine law which provides for the protection of one’s
right to “a balanced and healthy ecology in accordance with the
rhythm and harmony of nature”, and accorded as a constitutional
right to the people of the Philippines;

2. In 2009, the Philippine courts formed a team of experts which

drafted the Rules of Procedure for Environmental Cases.
Stakeholders were consulted in several rounds throughout the
country;

3. The following year, the provision for the writ of kalikasan was
written by the Supreme Court as one of the remedies as part of the
country’s laws for environmental protection and compels the
government to act and halt environmental degradation that impacts
more than one municipality;

4. The Philippines’ writ of kalikasan is the first of its kind by a court

or tribunal, and the only one currently in the world. It came about
as a result of efforts led by the Supreme Court to make the
Philippine justice system more effective in addressing environment
and climate issues plaguing the country;

5. In 2013, the Court of Appeals ordered the closure and rehabilitation

of an open dumpsite in the northern province of Bontoc after the
Kalinga Anti-Pollution Action Group filed a Writ of Kalikasan saying
the waste had polluted irrigation water;

6. The Supreme Court, sitting en banc on January 17 2012,

deliberated on a 2011 petition for a writ of ‘kalikasan’ that was filed
against the city government of Baguio due to an August 27, 2011
trash slide that claimed six lives and polluted the groundwater
supplying the towns of Tuba in Benguet and Aringay in La Union;

7. The en banc notice orders the city government “to cease and desist
from making use of the Irisan dump … either as a temporary
holding area or as a dumping or controlled area for any and all
kinds of solid waste”;

8. The Supreme Court has issued a writ of kalikasan — a temporary

environmental protection order (TEPO) — enjoining the city
government of Baguio from further degrading a major river system
 by continuing to dump waste in an old dumpsite. The continuous
use of the 38-year-old Irisan landfill was blamed for the garbage
spill during the onslaught of typhoon “Mina” in September last
year. The incident prompted Benguet Rep. Ronald Cosalan and 15
other persons to file a petition seeking the issuance of a TEPO
stopping the city government from still using the Irisan landfill.
“You, respondents, your agents, representatives, or persons acting
in your place or stead are hereby ordered, effective immediately,
and until further orders from this Court, to cease and desist from
making use of the Irisan dumpsite either as a temporary
holding/staging area or as a dumping or controlled area for any
and all kinds of solid waste,” the high court said in a four-page en
banc resolution;

9. In 2012, Mayor Domogan of the City of Baguio, ordered the local

environment office to stop using the decommissioned dump in
Barangay (village) Irisan as a holding area for the city’s trash
because the Supreme Court had released a temporary
environmental protection order (TEPO);

10. Residents of Sinco, Tadiangan in Tuba on December 30, 2016

through Roberto Pahitong, president of the Sinco Badang
Association wrote the Barangay Captain Steward Batuna of
Tadiangan reporting the foul smell and leachate which
continuously flows from the former Irisan Dumpsite to the canal at
Km. 6 Asin Road affecting resident’s health;

11. On January 3, 2017, Barangay Tadiangan also brought the matter

to the attention of Baguio City Councilor Elaine Sembrano, the City
General Services Office (CGSO) and EMB-CAR director Reynaldo
Digamo;

12. In 2018, The alleged continuous use of City of Baguio’s Irisan

Dumpsite has prompted the municipality of Tuba in Benguet to
invoke the Writ of Kalikasan and the strict implementation of the
permanent environment protection order (PEPO) and the writ of
continuing mandamus;

13. During the joint ocular inspection conducted on April 11, 2018
officials observed “bulldozing and embankment of the residual
towards the no dumping area, there is no silting pond, the canal
seems freshly cleaned but the small portion of the leachate still
smells, the piggeries were being blamed but the familiar odor of pig
waste is significantly different from the smell of leachate and there
seem to be a blatant violation of the provisions of the Writ of
Kalikasan”;

14. In 2021, the Public Information Office of the City of Baguio

revealed that during a management committee meeting held last
week, General Services Officer Eugene Buyucan announced that in
a few months, the former Irisan dumpsite shall turn into an
 environmental-friendly ecological park. According to the officer,
procedures are being undertaken to clean up the area;

15. Moreover, according to the information office, the recyclables were

utilized as planting materials along available areas. The
biodegradables, on the other hand, are being processed at the
Environmental Recycling System (ERS) and are being turned to soil
conditioner or compost for fertilizer;

16. In 2014, The Supreme Court En Banc has granted a Writ of

Kalikasan over the Santo Tomas Forest Reserve at Mount Santo
Tomas in Tuba, Benguet, striking down a legal challenge from
former Baguio Representative Nicasio Aliping Jr.;

17. The SC dismissed Aliping’s petition against the Court of Appeals

issuance of a permanent environmental protection order (PEPO) in
2015. The CA PEPO, restricting human activities at the forest
reserve, was awarded to the late Baguio Bishop Carlito Cenzon,
Lingayen-Dagupan Archbishop Socrates Villegas and six other
Baguio and Benguet residents, who filed and were granted a writ of
kalikasan;

18. According to the petition, the road opening activities necessitated

tree cutting and earth moving, which have led to massive
landslides aggravated by rains.

19. “Sediments and rocks continuously slide down, causing

contaminating of the Amliang dams utilized to impound fresh
spring water for distribution to residents of Baguio and Tuba,”
claimed the petitioners.

20. The watershed is particularly valuable to Baguio City, known for

having the most expensive water rates in the country because
much of its water supply has to be pumped through pipes all the
way from La Union, said water resources expert Carlos Primo
David, a geologist at the Oscar M Lopez Center.

21. A separate investigation by the Baguio Water District (BWD)

concurred that the activities in the watershed have turned water
from the springs murky, so much so that it could no longer be
distributed.

22. The construction of the road, given the greenlight by Aliping,

seeks to connect Mount Kabuyao Highway all the way down to
sitios Amliang and Bekel of Poblacion in the municipality of Tuba.

23. The end of the road is 50 meters from Amliang Creek, a waterway
that flows to the dams.

24. Apart from endangering a vital water resource, the road-opening

activities were allegedly done without the necessary permits,
 including environmental compliance certificate (ECC), right of way
permit, special land use permit and tree-cutting permit;
25. The petitioners say 306 full-grown trees and 455 saplings have
already been cut during the earth-moving activities;

26. The original petition for a writ of kalikasan was prompted by two
excavations in the forest reserve for roads that were being
constructed without appropriate permits. The excavations killed
over 700 pine trees in the forest reserve, and debris polluted water
sources of Baguio and Tuba, according to the Baguio Water District
(BWD);

27. According to the PEPO, Aliping must “permanently cease and

desist from performing acts to develop or enhance the property he
is claiming located at the Sto. Tomas Forest Reserve (STFR), which
acts include bulldozing, leveling, or any earthmoving activity,
improving the old building standing on the land, building any
structure thereon”;

28. The Santo Tomas Forest Reserve (STFR) was declared in 1940 by
president Manuel Quezon and the Writ of Kalikasan was issued on
6 May 2015 maintaining the area as a Forest Reserve;

29. Aliping petitioned the Court of Appeals questioning the Writ in

2014;

30. The court has denied former Baguio City Congressman Nicasio
Aliping Jr.'s Petition for Review against Court of Appeals (former
4th Division), Bishop Carlito Cenzon, Archbishop Socrates Villegas,
Sheree Nolasco, Marie Balangue, Nonnette Bennett, Dr. Teresita De
Venecia, Antonio Supremido, Jr. and Pastor Gener Tandoc;

31. The TEPO directed concerned officials, private individuals —

including Aliping — to refrain from or stop earth-moving activities
in the area;

32. The CA upheld the privilege of the Writ of Kalikasan, the Writ of
Continuing Mandamus and also made the protection order
permanent in 2015;

33. The Writ of Kalikasan issued by the Court of Appeals that protects
the Mt. Sto. Tomas forest reservation, does not require the eviction
of the watershed’s farming residents, according to a lawyer who
helped win the case for them;

34. The Supreme Court En Banc — in a 19-page decision on June

2022, posted on November 25 last year but only made known to the
petitioners this January — has granted a Writ of Kalikasan over the
the Santo Tomas Forest Reserve at Mount Stanto Tomas in Tuba,
Benguet;
35. More than 600 households have been paying tax declarations for
lands inside Mt. Sto. Tomas, violating the provisions of the
proclamation that created the forest reservation in 1940, according
to records;

36. The writ directs the Tuba government to stop all businesses,
mining activities and further settlement inside the 3,121-hectare
reservation;

37. The writ imposes a permanent environmental protection order

over the Sto. Tomas reserve, which is composed of several
mountains;

38. A similar TEPO was issued for Mt. Santo Tomas in Cabuyao to
arrest the massive destruction of the watershed that supplies water
to Baguio and downstream communities like Tuba and Rosario in
La Union;

39. A group led by Bishop Carlito Cenzon had filed for a Writ of
Kalikasan to protect the watershed;

40. In response to these violations, the Provincial Environment and

Natural Resources Office (PENRO) filed a criminal complaint
against Aliping and 3 contractors, namely, RU Aquino
Construction and Development Corporation, Goldrich
Construction, and BLC Construction and Aggregates;

41. In Bontoc, Mountain Province, the townsfolk sought a protection

order from the Supreme Court to stop years of pollution that has
spoiled the Chico River;

42. Mt. Polis in Ifugao is also under the same writ, filed by the
apostolic vicar of Bontoc-Lagawe headed by Bishop Valentin Dimoc
to stop quarrying;

43. Another threat to the watershed is the presence of residential

structures inside what is supposed to be a forest reserve, said the
petitioners;

44. “Mt. Sto. Tomas has been declared a forest reserve, withdrawn
from entry, sale and settlement, as early as 1940. It has never been
reclassified nor any portion of it was ever reclassified as alienable
and disposable, and yet, a residential community with a population
of 1,815 inhabitants thrives within it,” said the writ;

45. The Tuba government informed the CA that it had issued 637 tax
declarations covering portions of the forest reserve as far back as
1999, heeding an ordinance which granted “due course to
 applications for tax declarations over certain reservations in
[Benguet]”;

46. The ordinance was recalled in 2013. But it was made in effect
despite a 2009 memorandum issued by the DENR, which reminded
local governments “to refrain from issuing tax declarations without
DENR clearance,” the CA said;

47. The residents use tax declarations issued by municipal assessors

of Tuba to justify the construction of their homes inside the
protected area. It’s the issuance of tax declarations that allow
individuals to get away with turning protected forests into
agricultural land or into real estate projects like vacation houses
or resorts, said the petitioners;

48. Under the law, only the executive department of local

governments can reclassify forest lands, not municipal assessors;

49. Petitioners also asked the court to order the Tuba municipal
government to stop issuing tax declarations for land within the
watershed;

50. The DENR should also be ordered to deploy personnel to guard

the forest reserve from future tree cutting and earth moving
activities. A long-term plan should be crafted to ensure the
conservation of Mount Santo Tomas;

51. The Supreme Court en banc upheld the Permanent Environment

Protection Order (PEPO) issued by the Court of Appeals covering
the 3,114-hectare Mount Sto. Tomas forest reservation to be able
to serve its purpose for forest protection, timber production and
aesthetic preservation;

52. In the Philippines, many indigenous peoples such as the Ifugaos

in Cordillera Mountains have continued to thrive in their relatively
remote yet self-sufficient communities. Notwithstanding the
transformations of many indigenous knowledge systems, practices
that help promote forest sustainability have remained intact. This
article aims to identify and describe key indigenous practices in the
woodlot and watersheds collectively known as muyong in Ifugao
communities. Data were obtained through focus group discussions
and key informant interviews with selected local farmers in
Kiangan and Hungduan municipalities in Ifugao province. The
recognition of the mutual connections between forests and rice
terraces as a traditional belief is deeply ingrained in the heart and
mind of Ifugaos. This tradition promotes sustainable forest
management as expressed in their respect to customary laws
pertaining to land rights, adoption of upland cultivation practices
following soil and water conservation principles, stand management
to promote ample supply of wood and fuel wood, and biodiversity
protection. However, these knowledge systems are slowly
 disappearing due to the changing needs and interests of the
indigenous peoples as well as the proliferation of government
programmes to modernize farming technologies. Hence, the
government, NGOs and other concerned stakeholders need to
continuously support programmes in order to protect the aesthetic
and traditional value of the Ifugao landscapes.

53. The government through the Department of Environment and

Natural Resources (DENR) and the National Commission on
Indigenous Peoples (NCIP) of the Cordillera Administrative Region
confirmed and recognized the Sustainable Traditional Indigenous
Forest Resources Management Systems and Practices (STIFRMSP)
of this municipality known as the "muyung," in a ceremony held
recently at the Kiangan Youth Hostel;

54. The Joint Confirmation and Recognition Order was granted by the
DENR and the NCIP to the cultural communities or indigenous
peoples belonging to the “Tuwali” and “Ayangan” ethnic groups
within the 14 barangays of Kiangan for having been confirmed to
be practicing “muyung”;

55. With the confirmation, Kiangan is qualified under the criteria set
forth in the DENR-NCIP Joint Administrative Order otherwise
known as the “Guidelines and Procedures for the Recognition,
Documentation, Registration and Confirmation of all STIFRMSP of
Indigenous Cultural communities or Indigenous Peoples (ICCs/IPs)
in Ancestral Domains or Lands”;

56. The “muyung” are various forest ecosystems or forest types in the
municipality which have been established and managed effectively
by families, clans and communities as part of their cultural
practices and traditions that survived until now.

57. These are a major component of the production system of the

Ifugaos’ found near villages on the slope and upland areas which
are non-irrigable and are privately-owned by individual families,
clan or community;

58. They serve as the recharge zone that provides water and stability
to the other components of the production system. During the
olden days, the “muyung” means so much to the Ifugao people
since it was their source of food, wood, lumber materials for
building houses and repairing old ones and a place to find herbal
medicines for the treatment of various human afflictions but most
of all, they give prestige to the families and the community;

59. The area is therefore ascertained as the ancestral domain of the

ICCs/IPs of the municipality and identified or classified as the
traditionally managed forest area with existing forest type as
mossy, pine and residual dipterocarp forest ecosystem covering an
area of 9,499 hectares or equivalent to 80 percent of the 11,875
 hectares total land area of the municipality;

60. Witnessing the confirmation and recognition order and the MOA
signing are Ifugao Congressman Teddy Baguilat Jr, Provincial
Administrator Evelyn Dunuan representing Governor Denis
Habawel, Kiangan Mayor Joselito Guyguyon and the IP leaders and
representatives;

61. Many indigenous peoples in the Philippines such as the Ifugaos in

Cordillera Mountains continued to thrive in their relatively remote
and yet self-sufficient communities. They were able to uphold their
traditions as reflected in their music, dances, rituals, folklore, wood
carving, agriculture and forestry practices. For instance, they
believe that many endemic trees such as Ficus spp. are associated
with spirits (anito), so they conserved them (Lim et
al. Citation2012);

62. The different indigenous knowledge systems for natural resource

management such as muyong and ala-a-systems as practiced by
the indigenous communities in the Cordillera, Philippines (i.e.
Ifugaos, Isneg, Tingguians and Ikalahans) have been described in
some studies (Dolinen Citation1995; Camacho et al. Citation2012).
Notwithstanding the transformations of many indigenous
knowledge systems in the Philippines, there remain intact
traditional forestry practices that help promote sustainable forest
management. However, there are limited studies on the relevance of
these indigenous knowledge and practices in the sustainable
management of the indigenous forests. This study was therefore
conducted in order to identify and describe these indigenous
knowledge and practices as in the case of the Ifugao communities.
In particular, it described key indigenous practices in woodlot or
watersheds or collectively known as muyong for the sustainable
management of the Ifugao forests;

63. The study sites are the municipalities of Kiangan and Hungduan
where the Nagakadan Rice Terrace Cluster and Hapao Rice Terrace
Cluster are located, respectively. These two rice terrace clusters are
two among the World Heritage List of the United Nations
Educational, Scientific and Cultural Organization in 1995
(UNESCO Citation2008). However, these terraces were reclassified
to the World Heritage in Danger List in 2001 because of the ‘human
induced threats to the site and the need to concentrate national
and international energies on short-term and long-term remedial
and protective actions’ (UNESCO Citation2008);

64. According to Butic and Ngidlo (Citation2003), the Ifugao mountain

ranges called pugu or duntug are predominantly covered by
privately or clan-owned forests that are collectively termed
as “muyong.” These watersheds provide ample water supply and
nourishment to rice paddies and help minimize soil erosion;
65. Muyong was also described by the key informants as a buffer that
delineates boundaries. Other land uses that are linked
with muyongs are settlement or numboblayan/boble, natural forest
or bilid, grasslands called buludna, swidden farms or uma and,
most importantly, rice terraces or payoh. Peripheral vegetation
cover of muyongs is often cleared to indicate boundary delineations
among farm owners. This helps avoid land property disputes. In
some cases, uma and abandoned swiddens have converted
to muyongs to enhance forest protection and production benefits;

66. Customary laws are reflections of rich traditions and beliefs that
guide forest conservation. Key informants have identified some of
these laws that are relevant to promoting the sustainable
management of muyongs. These include the following:(1) Ficus trees
are not being harvested for timber and fuel wood since they help
maintain sufficient groundwater supply for muyongs and Payoh, (2)
Local people refrain from cutting century-old endemic trees such as
dipterocarps because they believe that these trees harbour the
spirits of their ancestors, (3) Before cutting old trees, they conduct
rituals to seek the permission of their ancestors. A shaman locally
known as mumbaki directs the rituals, (4)In the olden times,
selection cutting was being practiced since there is a specific tree
species that can be used for crafting rice god and constructing
native houses, namely narra (Pterocarpus indicus), (5)When a child
is baptized, the parents plant four seedlings in their muyong, which
indicates the giving of their blessings to their child, (6)Maid biyang
umedi, which means no trespassing in muyong areas, is being
observed to avert illegal hunting of wild animals;

67. In the work of Serrano and Cadaweng (Citation2005), remarkable

customary laws are also identified. These are: (1) One may gather
dead branches as fuel wood from other muyongs even without
permission from the owner. Such privilege is reciprocated by
cleaning and tending the muyong as a form of payment for the fuel
wood collected, and (2) If a tree is harvested, the person who
gathered should replace it with two seedlings. The owner
determines what tree he wants to give;

68. The Ifugaos observe traditional stand management practices that

help sustain healthy forest cover in muyong areas. These practices
were described as vital in ensuring healthy forest stands:(1)
Hikwatan (Cleaning). An owner makes a habit to do some weeding
to be able to help naturally regenerating trees to grow, (2)
Tanoman (Planting). Hardwood species are preferred by the owners
since a big part of the Ifugao cultural identity is wood carving and
house construction. Two of the most common reforestation species
being planted nowadays are fast-growing species such as Swietenia
macrophylla and Gmelina arborea. The local community also
preferred planting local species such as narra (Pterocarpus indicus)
and rain tree (Samanea saman), which are perhaps the most
popular traditional construction and wood carving species.
However, planting materials (e.g. Samanea saman, Pterocparpus
 indicus, Lithocarpus spp. and dipterocarps) are difficult to find;
hence, there is a proliferation of exotic and fast-growing species
(Swietenia macrophylla and Gmelina arborea) considering their
short rotation period and widespread availability. No negative
ecological impacts have been identified thus far regarding the use
of exotic species, and (3) Selective cutting. Only the mature trees are
cut for lumber and firewood based only on the need of the farmer.
Crooked and diseased trees are preferred for fuel wood use while
straight-bole is used for posts and wood carving. Tree species such
as alimit and tuwol (both Ficus spp.) are spared since they were
described as important water-conservers of muyong.
Likewise, balete trees (Ficus elastica and Ficus subcordata) are also
protected, as the local people believe that these trees shelter the
spirits of the forest;

69. Camacho et al. (Citation2012) noted that muyongs are

storehouses of biodiversity. There are about 264 species, mainly
indigenous, belonging to 71 plant families that thrive in these
conserved zones (Ngidlo Citation1998; Rondolo Citation2001).
Among these, the family of Euphorbiaceae is the most abundant,
followed by Moraceae, Meliaceae, Leguminosae, Poaceae,
Anacardiaceae and Rubiaceae;

70. The key informants regarded the muyong system as a vital

tradition that sustains healthy biodiversity. The informants
practice an assisted natural regeneration (ANR) approach that
enhances the growth of timber-oriented indigenous species such as
dipterocarps, Lithocarpus spp. and pine tree (Benguet pine). Some
ANR strategies adopted in the muyong include agroforestry,
multiple cropping, enrichment planting and protection, efficient
sivicultural systems, whole-tree harvesting, and good wood-
utilization practice (Butic & Ngidlo Citation2003);

71. Ifugaos prefer Samanea saman for woodcrafts because it is fast

growing, durable and has good resistance to fungus and termites.In
order to regulate timber harvesting, a muyong resources permit is
also being required by the government (through the Department of
Environment and Natural Resources or DENR) before a farmer can
cut and transport timber and timber products such as handicrafts;

72. The guidelines governing the issuance of the muyong resources

permit in the Province of Ifugao are contained under the DENR
Memorandum Circular No. 96–02 issued in 1996, which include
submission of the requirements (i.e. location and size of
the muyong and the number of tree species planted, certificate of
residency in the area and raw material requirement). There is also
restriction on the allowable volume/number of species to be
harvested as raw materials for livelihood projects. Likewise,
maintenance of muyong is required according to the accepted
practices and rules of the DENR. Moreover, clear cutting of tree
species within the area is prohibited. This permit serves as a policy
 instrument to regulate timber extraction in muyong and bilid;

73. The muyong system was perceived as vital in sustaining other land
uses such as natural forest, agroforestry farms, tree plantations,
grasslands and rice fields. Despite the demands for settlement and
agricultural spaces to support a growing population, the perceived
critical roles of muyong in soil and water conservation,
regeneration, orchard and agroforestry livelihood source have
helped the local community firmly keep their muyongs healthy;

74. Two major threats to the integrity of muyongs and payoh were
identified by the FGD participants. One is the transition from the
traditional organic to inorganic farming methods, which has
generated negative impacts on soil and water. The use of synthetic
fertilizers was perceived to have degraded soil drainage and fertility.
Furthermore, the use of inorganic technology was believed to have
incited infestation of earthworms and snails in payoh. Second, the
abandonment of muyongs and terraces was underscored as a
pressing concern. Participants have attributed this to declining
interest in farming, as many prefer exploring other livelihood
opportunities elsewhere for better income. Furthermore, children
were also perceived to have a low interest in continuing their
farming traditions as they desire to pursue other jobs after
completing their studies;

75. The wood carving heritage of the Ifugao people is seen to stay alive
as locals preserve the indigenous forest preservation system
dubbed as “muyong”.“Memorandum Circular 2-96 gave the people
of Ifugao the right to manage their forest, exempting them from the
nationwide logging ban because of the indigenous muyong practice
that is an important factor in the wood carving industry of the
province,” said Ralph Pablo, director of the Department of
Environment and Natural Resources (DENR) in the Cordillera
Administrative Region (CAR), in a conference at the Benguet State
University;

76. The muyong system is generally described as a practice that

harmonizes the mutual connections between human and natural
resources. Such a practice is deeply ingrained in the hearts and
minds of Ifugaos. Local participants of the study emphasized the
importance of the muyong system in promoting sustainable forest
management as expressed in terms of 1) respect in customary laws
and land rights; 2) revegetating previous swidden farms for soil and
water conservation; 3) stand management for sufficient wood and
fuel wood supply; and 4) biodiversity protection. Local participants
also perceived the merits of increasing forest cover and
protecting Pterocarpus indicus. However, a number of issues that
threaten the muyong system were identified. These include the
proliferation of inorganic farming technologies replacing the
traditional ones, and the abandonment of rice fields
and muyongs as farmers go elsewhere seeking other employment
opportunities. A number of extension programmes such as the
 GIAHS and School of Living Traditions were regarded beneficial to
promote muyong practice for the future generations of farmers;

77. In Baguio City, Ramon Dacawi, an Ifugao native who was then
chief of the City Public Information Office adopted the “muyong” as
a forest preservation program under the Baguio City Eco-Walk
program in the early 1990s.

78. In the system, pupils of the different elementary and high schools
adopt an area at the Busol watershed, the city’s primary watershed
where they plant pine trees and regularly visit for maintenance.

79. In many cases, people have a misperception of various government

policies and laws, which hamper people from participating
effectively in government-sponsored programs. Even under the
Community Based Forest Management Program (CBFMP), people
fear that the government might take the land from them. The deep-
seated animosity between government forestry officials and local
people could be an after-effect of the punitive approaches practiced
by the government in the past. Strategies to promote ANR should
be backed up by massive information-education-communication
campaigns to improve social and technical integration. Moreover,
policy measures that impinge upon the productive existing ANR
practices of indigenous peoples should be changed or reconsidered;

80. Indigenous forest management systems could be very good tools in

promoting forest development and watershed management, not to
mention agriculture. Perhaps it is time for government officials to
listen to the “people in them thar hills”, like the Ifugaos who
obviously possess time-tested solutions to some problems. As an
eminent participant in a recent steering committee meeting of the
JICA-assisted CBFM project in the Cagayan and Upper Magat river
basins stated in describing the Muyong system, “Why tinker with
something that has worked for so many generations?”;

81. Pablo said that aside from the “muyong” of Ifugao, the people of
Apayao and Abra have the “lapat,” the “batangan” of Mountain
Province and the “kijowan” of the people of Benguet are similar
indigenous knowledge systems that relate to forest preservation;

82. indigenous peoples (IPs) have long before recognized the

importance of nature, even when laws were not yet issued. “They
regard nature with the utmost respect and they are willing to
defend it because they know nature sustains their existence,
heritage, pride, and culture,” Pablo said;

83. He added that the traditions of the Cordillera people on forest and
natural resources protection that continues to be practiced are
limiting the effects of climate change;

84. Meanwhile, lawyer Josh Nalliw of Mayoyao, Ifugao, who served as

the Indigenous Peoples Mandatory (IPMR) of their town said they
 call their indigenous forest protection system “pinuchu”, ’Muyong’
system is practiced by the Tuwali tribe but for us Ayangan tribe,
the equivalent is “pinuchu,” she added;

85. Nalliw, however, said “pinuchu” has a different system.“Hindi kasi

community-owned yung pinuchu. It is owned by clans na siyang
pinagkukuhanan ng needs ng clan when it comes to wood products
(Pinuchu is not community-owned but by the clans where they get
their needed wood products),” she said;

86. The Department of Environment and Natural Resources (DENR)

Mountain Province has completed Land Use Zoning consultations
in the recognized Batangan Systems in the municipalities of
Tadian, Besao and Sagada;

87. This is towards completing the requisites for the operationalization

of the Batangan System. The Batangan system is the indigenous
forest management system of Mountain Province;

88. DENR is now conducting woodlot sampling and participatory

resource inventories as well as community consultations for
possible resource-based livelihoods in the said three towns;

89. There are several other processes that are yet to be completed
such as the approval by the people through public hearings of the
municipal ordinance on the Batangan System. Traditional practices
on resource management need to be explicitly stated also in
barangay legislation;

90. Christopher Bosaing, senior forester at the DENR, says that the
operationalization of the Batangan System is the available
mechanism that their agency sees as a means for indigenous
peoples of the target municipalities to apply their customary
practices on resource management and utilization;

91. If the towns of Sagada, Besao and Tadian fail to comply with the
requisites or opt not to operationalize their Batangan System then
PD 705 or the Forestry Code will be strictly enforced;

92. Practical concerns too have surfaced in the field. One is the need
to resolve overlap or even confusion in relation to woodlots that are
within the ancestral domain or territory of a village or ili but is now
in another barangay/municipality as defined by political
boundaries. This way, the question of “kuwami nan batang, kuwa
yu nan daga” by virtue of Cadastral surveys need to be resolved;

93. Bosaing says the NCIP can help resolve these concerns if it
aggressively pushes to define a tenure instrument appropriate for
IPs;

94. In community land use zoning consultations, many participants

see “development” of woodlots as equal to extraction and income
 generated from lumber. These woodlots are also target for build-up
areas for residential and commercial purposes as seen in the
various road networks included in the land use plans. There is a
“build-build-build” undertow rather than urgency to “plant-plant-
plant”;

95. The processes prior to utilization and mechanisms for

management of woodlots as defined by the communities
documented through past DENR researches and validated in recent
consultations may be adequate to conserve the existing woodlots
for future use as well as rationalize the usage at present, says
Bosaing. The challenge is for the indigenous peoples to show that
these practices truly function and are sustainable in todays’
context. It is also incumbent that local leaders, both in traditional
institutions such as the dap-ay and local government units have
the political will to enforce the customary laws now embodied in the
ordinances;

96. DENR holds workshop with elders and government officials as a

step towards the “recognition” of Sagada peoples’ right to utilize
trees and other forest products within their ancestral domain;

97. The activity intended to inform participants of the rationale and

draft requisites towards what is called Sustainable Traditional
Indigenous Forest Management Practices (STIFMP) more popularly
known as “Batangan System”. The activity too acted as feedback
mechanism that may enhance the municipal ordinance which
attempts to capture customary law on forest management;

98. Resource inventory or mapping, synchronization with municipal

land use plan and zoning ordinance, procedural steps towards
utilization and formation of structural mechanisms are other
requisites for the Batangan System’s recognition. These were
initially addressed during the workshop;

99. Inventory of forest resources will be done by mapping out sample

areas in woodlots. Cristopher Bosaing of the CENRO says that the
resource mapping intends to identify how much resource the
municipality has. The inventory provides data on forests that may
be enhanced and those where traditional utilization of trees may be
undertaken. Bosaing adds that it can also pave possibilities of non-
traditional resource-based livelihoods;

100. The participants with the assistance of the DENR’s staff initially
drafted procedural steps in registration of woodlots. Clan woodlots
are to be “registered” at the barangay level, attested and validated
by barangay officials and elders. Communally managed woodlots
shall be “registered” at a municipal level;

101. On the process of harvesting trees, “pammalubos” shall be

obtained from woodlot administrators in writing or thru a
Memorandum of Agreement (MOA) stating number of trees to be
 felled. This shall be certified by the barangay after an ocular
inspection of the woodlot and trees. Actual harvesting of trees
mandates presence of barangay representative in order to ensure
agreements are followed;

102. But the DENR is also under time constraint and has 2 months to
conduct the meetings and show results for Sagada, Besao and
Tadian. It is up to the local governments to create fora and
encourage optimum participation, document these and hopefully
put to use, in order to match DENR efforts. After all, it is claimed
the formalization of the “Batangan System” has the peoples’ right to
utilize their trees and other non-timber resources as its utmost
intent;

103. Bosaing have mentioned in his previous post, that one taboo act
of the inayan concept is illegal logging, or violating
the batangan system. “You might have wondered what that is, so in
this post, I’m going to explain what the batangan system is”;

104. The word batangan means “pine tree forest”, which came from
the word batang, or “pine tree”. The batangan system is where
people manage the supply of trees in the village, how many trees to
chop down, how many to protect, and how many to plant. If a piece
of forest has a water source under them, the trees there must not
be chopped down. There are also designated hunting spots and
hunters should not hunt more than what they need to conserve the
animals there;

105. The batangan system doesn’t only cover forests. The crops to be
planted on farmland has to be considered, so the topsoil layer will
remain healthy. The farmland of a village has to be enough to
sustain the village’s needs but not too much that it could trigger
landslides. The carrying capacity of pasture land, which is used as
grazing land, is also considered so that animals will not overgraze
it. Burial grounds should only be used only for coffins or graves
and could not be converted to other land uses. Sacred grounds
should be protected so as not to disturb the spirits (anito) that are
believed to live there. All of these are covered under
the batangan system;

106. The point of the batangan system is to make sure that all of the
land of the village is used for its own purpose, sustainably and
efficiently. It has been around since the ancient times. In the past,
the elders of a village are in charge of keeping
the batangan system in effect, and make sure that no land is
misused or abused. If there is land that needs to be converted, like
forests that have to be chopped down to give way for infrastructure,
then the elders have to meet together and agree to a decision;
107. The Igorots are not the only ones who take care of the
environment in this way. Other Cordilleran tribes have their
customs and systems on how to manage the environment. The
Ifugao people have their muyong system, used in constructing
their world-famous terraces. The Kalinga people have
their imong system. The tribes in Abra and Apayao have
their lapat system. This goes to show that Cordillerans are truly
caring for their environment. It is to no surprise that we,
Cordillerans, get annoyed or even furious when trees are illegally
logged or when trash is littered everywhere;

108. Until now, the batangan system is followed. Barangay and

municipal officials join with the community elders into passing and
implementing laws and ordinances that protect the environment, in
accordance to the batangan system. The Department of
Environment and Natural Resources is now reviewing the
Sustainable Traditional Indigenous Forest Resources Management
Systems and Practices (STIFRMSP) Program of Mountain Province,
which is largely based on the batangan system.;

109. The batangan system promotes volunteerism and cooperativism

in the community. Everyone is involved in protecting and properly
managing the environment. If only the batangan system, including
the other systems of the Cordillerans that I have mentioned, would
be recognized by the whole nation, we would be able to solve so
much problems concerning our environment. Who knows? Maybe
the world will soon recognize the batangan system, an age-old
system that may be the saving grace of solving climate change;

110. As to authority to issue licenses for chainsaw usage and cutting

permits, Kiwang says these are clearly stated in the Chainsaw Act
and PD 705. It is only the DENR that may issue both; provided
requirements defined by law have been complied with;

111. Stakeholders explain that the chainsaw license that the LGU
issues is similar to a business permit in order to operate or be used
within the locality. This move is approved by the people through
the various consultations prior to the drafting of the ordinances;

112. Prior to issuance also of the LGU chainsaw license is registration

with the DENR. PENRO Aton adds that a registered chainsaw also
includes the specific usage and area it is intended to be used. He
also says that it is not contrary to the Chainsaw Act if LGU choose
to regulate these within their jurisdictions;
113. Senior Forester Christopher Bosaing of CENRO Sabangan adds
that the DENR primary role in the chainsaw registration is to
insure they are used for legal purposes. This means chainsaw
usage as defined by Batangan management units and LGU will be
legalized soon as the Batangan System is enforced;

114. Clarifying on the permit to cut trees, Bosaing says that the
approved forest resource use plan and its annual work plan shall
 replace the regular permit issued by the DENR. The resource use
plan and work plan shall indicate among other concerns, the
specific expected volume to be harvested within a year. Thus it is
pertinent for the Batangan system that MLGUs arrive at and gain
the affirmation of the DENR;

115. The possibility of including other municipalities in this

recognized traditional pine forest management systems was again
raised. Earlier understanding of the JAO 2008-01 and its JIRR that
a Certificate of Ancestral Domain Claim or Title (CADC/CADT)
issued by the NCIP is prerequisite. However, PENRO Aton clarifies
that 2008-01 and the JIRR states that the recognized Sustainable
Traditional Indigenous Forest Resource Management Systems and
Practices (STIFRMSP) cover Mountain Province. Of course, other
municipalities have to have their traditional resource systems
recognized by the DENR. This is because each ancestral domain
may have different forms and administrative units;

116. The delay in schedule for the dialogue was deliberate such that it
will include as participants the newly elected SK and ABC
provincial representatives. The MLGUs are now enjoined to rewrite
their ordinances in accordance with the discussions and draft the
resource use plans. Until these are submitted, the DENR does not
have a legal basis to approve and actualize the Batangan System.
Meanwhile, PD 705 prevails;

117. The municipal council here approved an ordinance

institutionalizing the town’s traditional ‘batangan system’ and
operationalizing the policies, rules and regulations, guidelines for
the suitable resources utilization, conservation and management
and providing sanctions and penalties for violations. Ordinance No.
2017-37 was enacted pursuant to existing and applicable laws and
orders specifically Joint Administrative Order 2008-01 of the
Department of Environment and Natural Resources (DENR) and the
National Commission on Indigenous Peoples (NCIP) that spells out
the rules for sustainable resource management;

118. The ordinance shall cover all areas within the jurisdiction of the
locality and shall apply to the ‘batangan,’ a sustainable traditional
forest management practice and its specific sub-structure
specifically municipal communal forest, individual or family forest
in the town;

119. Among the purposes of the proposed ordinance include

upholding the ‘batangan’ and its indigenous forest management
structures as an approach to advancing the existing sustainable
conservation, utilization and management of the natural resources
in the domain of the indigenous cultural communities of Besao;
Providing for the administrative procedures defining community,
clan or family management schemes; providing for the management
protection systems of the ‘batangan’ covering encroachments,
illegal cutting, penalties and other similar development parameters;
 providing for the advancement of the traditional forest management
systems including the indigenous policies, rules and regulations
within the ancestral domain to ensure sustained natural resources
for the future; executing the implementation of the sustainable
traditional forest management systems and practices and provide
for the organization and institutionalization of the indigenous
socio-cultural structures; instituting structures that will
operationalize a consultative, collaborative and consensus-building
processes between ICCs and IPs, LGU, the DENR, NCIP, peoples
organizations and other concerned agencies and offices and
organizations as an instrument in the development of traditional
forest management within the ancestral domain; providing for the
administrative support in the management, conservation,
protection and development of sustainable traditional forest
resources management systems and practices within the
municipality; respecting and sustaining the resources, rights,
including the specific limitations of the indigenous peoples through
equitable access to natural resources and fair benefit sharing
among them in their traditional forest management systems and
providing for the specific penalties or fines or sanctions on certain
violations of customary traditions;

120. The ordinance outlined the punishable acts to include timber

poaching, accidental cutting of trees, cutting of trees within
designated watersheds, critical areas and sacred grounds; non-
participation in forest development activities, cutting trees without
permit; non-payment of fees on extracted lumber; transporting
lumber without permit; illegal sale of extracted lumber; non-
registration of chainsaws; accidental forest fires; kaingan or uma or
swidden agriculture; livestock pasture grazing in prohibited areas
and polluting water sources and sacred grounds;

121. Aside from the confiscated of forest products and the materials
used, offenders also will be mandated to pay a fine of P1,000 to
P2,500 depending on the violation and after the observance of
customary laws and practices.