This case has been cited 4 times or more.
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2007-02-16 |
TINGA, J. |
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| FAO No. 11 establishes that it is the Director of Forestry who has the power "to grant timber licenses and permits."[71] It also provides as a general policy that timber license agreements shall be granted through no other mode than public bidding.[72] However, Section 24 of FAO No. 11 does admit that a timber license agreement may be granted through "negotiation," as well as through "public bidding." | |||||
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2007-02-16 |
TINGA, J. |
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| FAO No. 11 establishes that it is the Director of Forestry who has the power "to grant timber licenses and permits."[71] It also provides as a general policy that timber license agreements shall be granted through no other mode than public bidding.[72] However, Section 24 of FAO No. 11 does admit that a timber license agreement may be granted through "negotiation," as well as through "public bidding." | |||||
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2007-02-16 |
TINGA, J. |
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| 26. When license may be issued. A license under this Regulations may be issued or granted only after an application and an award either through bidding or by negotiation has been made and the Director of Forestry is satisfied that the issuance of such license shall not be inconsistent with existing laws and regulations or prejudicial to public interest, and that the necessary license fee, bond deposit and other requirements of the Bureau of Forestry have been paid and complied with.[73] [Emphasis supplied.] However, even a person who is granted a TLA through "negotiation" is still required to submit the same requirements and supporting papers as required for public bidding. The pertinent provisions of FAO No. 11 state: | |||||
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2007-02-16 |
TINGA, J. |
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| d) With applications for areas to be negotiated. All the foregoing requirements and supporting papers required for bidding under Section 18(a) hereinabove and of Section 20(b) hereinbelow shall also apply to all areas that may be granted through negotiation. In no case shall an area exceeding 100,000 hectares be granted thru negotiation.[74] The rationale underlying the very elaborate procedure that entails prior to the grant of a timber license agreement is to avert the haphazard exploitation of the State's forest resources as it provides that only the most qualified applicants will be allowed to engage in timber activities within the strict limitations of the grant and that cleared forest areas will have to be renewed through reforestation. Since timber is not a readily renewable natural resource, it is essential and appropriate that the State serve and act as a jealous and zealous guardian of our forest lands, with the layers of bureaucracy that encumber the grant of timber license agreements effectively serving as a defensive wall against the thoughtless ravage of our forest resources. | |||||