Pursuant to Act No. 2812 and in line with the sustainable development of the country's natural resources, at the same time provide a healthy environment as well as edible fruits for the enjoyment of the citizenry, the following guidelines governing the cutting, gathering and utilization of edible fruit-bearing trees are hereby issued for the information and guidance of all concerned:

SECTION 1. Basic Policy. As enunciated in Act No. 2812, the unauthorized cutting within forest lands of the following edible fruit-bearing trees/shrubs for timber or firewood is prohibited:

1.1 Eugenia Spp. (Tampoy, Makopa, Yambu, etc.)
1.2 Euphoria didyema (Alupag); E. gracelis (Boboa)
1.3 Mangosteen
1.4 Pili
1.5 Balobo
1.6 Baluno
1.7 Bulala
1.8 Gumihan
1.9 Marang
1.10 Nangka or Langka
1.11 Lanzones
1.12 Kamagong or Mabolo
1.13 Alupag amo
1.14 Paho or Pahutan
1.15 Guava or Bayabas
1.16 Durian or Dulian
1.17 Others, the fruits of which can be used as food for human being and wildlife.

Moreover, and in consonance with the spirit and intents of P.D. No. 953, the cutting, destroying, damaging or injuring of naturally growing or planted trees along roads in land subdivisions or areas therein for the common use of the owners of subdivision lots or any species of vegetation or forest cover found therein, is likewise prohibited unless authorized under a permit issued by the Secretary or his authorized representative.

SECTION 2. Objectives. In line with the foregoing policy, the following objectives are sought to be attained:

2.1 Protection of the environment and maintenance of a desirable ecosystems balance;

2.2 Provide edible fruits for the consumption or enjoyment of the citizenry as well as food for wildlife;

2.3 Curtail the proliferation of unauthorized cutting of edible fruit-bearing trees.

SECTION 3. Authority to Cut. The cutting, gathering and utilization of edible fruit-bearing trees inside forest lands may be allowed, provided, that the same is in accordance with the approved Integrated Annual Operations Plan or the Comprehensive Management. and Development Plan, as the case maybe.

In the case of private lands, the cutting, gathering and disposition of naturally growing edible fruit-bearing trees may be authorized under a Private Land Timber Permit (PLTP), provided, that the land under consideration is not within logging ban or moratorium area; provided further, that the requirements called for under existing rules and regulations have been properly complied with; provided finally, that the application is supported by a Certificate from the Secretary, Department of Agriculture or his authorized representative that the edible fruit-bearing tree(s) applied for may be cut.

SECTION 4. Authority of the DENR Regional Executive Director (RED) to enter into Agreement with the Regional Director of the Department of Agriculture. The DENR Regional Executive Director (RED) concerned is hereby authorized to enter into an agreement with the Regional Director of the Department of Agriculture to closely monitor and implement the provisions of this Order particularly fruit-bearing trees found within private lands.

SECTION 5. Transport/Shipment Requirements. The transport/shipment of timber, including the products derived therefrom, which have been cut and gathered in consonance with this Order shall be accompanied by the Certificate of Origin or Verification required under DAO No. 07, Series of 1994, together with other documents required thereof.

For wood materials coming from the Autonomous Region in Muslim Mindanao (ARMM), the transport thereof shall be documented jointly with the nearest DENR Office, subject to the applicable terms and conditions stipulated in the Memorandum of Agreement entered into by and between the DENR and ARMM on October 1, 1992, and the provisions of DENR Memorandum Circular No. 15, Series of 1992.

SECTION 6. Penal Provision. Any violation or infraction of any of the provisions of this Order shall be penalized in accordance with existing forestry laws, rules and regulations.

SECTION 7. Effectivity. This Order shall take effect fifteen (15) days after publication in two (2) newspaper of general circulation.

Adopted: 25 May 1994

(SGD.) ANGEL C. ALCALA
Secretary