WHEREAS,
under Presidential Decree No. 705, jurisdiction and authority over all
forest lands, grazing lands, and all forest reservations, including
watershed reservations presently administered by other government
agencies or instrumentalities is vested in the Ministry of Natural
Resources thru the Bureau of Forest Development;chanroblesvirtualawlibrary
WHEREAS, under Presidential Decree No. 1515, jurisdiction; control and
regulation over critical watershed areas and reservations proclaimed
and thereafter proclaimed as such by the President of the Philippines
which are essential to water-based power projects is vested in the
Ministry of Energy; chanroblesvirtualawlibrary
WHEREAS, the Ministry of Energy under its mandate to formulate and
implement the government's policies, plans and programs on the
development of indigenous energy resources should contribute to the
desired protection, development, management and rehabilitation of
watershed and forest reservations/areas;chanroblesvirtualawlibrary
WHEREAS, in the pursuance of the aforecited functions for implementing
national objectives, only watershed areas and reservations supporting
operational water-based power projects over which jurisdiction, control
and regulation shall be vested in the Ministry of Energy.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree the following:cralaw:red
Section 1. Section 1 of Presidential Decree No. 1515
is hereby amended to read as follows:cralaw:red
"Sec. 1. Any Provisions of existing law to the
contrary notwithstanding, the Ministry of Energy shall have
jurisdiction, control and regulations over the following watershed
areas and reservations:cralaw:red
1. Tiwi Geothermal Reservation as covered by
Presidential Proclamation No. 739;chanroblesvirtualawlibrary
2. Tongonan Geothermal Area as covered by
Presidential Proclamation No. 1112;chanroblesvirtualawlibrary
3. Palimpinon Geothermal Area as covered by
Presidential Proclamation No. 1413:cralaw:red
Provided, That when public interest so requires, jurisdiction over
other watershed areas and reservations which may in the future support
water-based energy projects, shall be transferred by the President of
the Philippines to the appropriate agency of the government when such
projects become operational: Provided, further, That such watershed
areas and reservations shall include only the immediate watershed areas
supporting existing hydroelectric dams and projects, the boundaries of
which are to be jointly determined on the ground by the Ministry of
Natural Resources and the appropriate agency of the government within
ninety (90) days from the date hereof, and using as main criterion the
effects on the reservoir. chanroblesvirtualawlibrary
Section 2. Section 2 of Presidential Decree No. 1515
is hereby amended to read as follows:cralaw:red
"Sec. 2. In relation to Sec. 1, the Ministry of
Energy through the National Power Corporation shall be responsible for
the management, protection, development and rehabilitation of the
aforementioned watershed areas, including but not limited to the
following:cralaw:red
1. Enforcement of forestry laws, rules, and
regulations within said watershed areas; chanroblesvirtualawlibrary
2. Identification of areas which require immediate
rehabilitation and development;chanroblesvirtualawlibrary
3. Preparation of plans and programs for the maximum
utilization of watershed resources;chanroblesvirtualawlibrary
4. Formulation and/or implementation of measures to
prevent denudation of watershed cover;chanroblesvirtualawlibrary
5. Public education and information drive to create
awareness among the populace of the importance of forests and uses of
watershed areas;chanroblesvirtualawlibrary
6. Promotion of the development and conservation of
existing vegetative cover;chanroblesvirtualawlibrary
7. Formulation of plans and development programs for
resettlement and relocation; chanroblesvirtualawlibrary
8. Coordination with other government agencies/
instrumentalities, religious and civic groups in undertaking forest
conservation measures in watershed areas;chanroblesvirtualawlibrary
9. Afforestation, reforestation and physical
rehabilitation measures in critically denuded watershed areas:cralaw:red
Provided, That said areas, pursuant to Letter of Instructions No. 917,
shall not be the subject of exploitation of whatever nature. Provided,
finally, That on-going foreign assisted projects within the immediate
area of said watersheds shall be pursued by agencies currently
implementing such projects, except as otherwise mutually agreed upon by
the Ministry of Natural Resources and the other agencies concerned.
Section 3. The National Power Corporation shall, in
relation to Sec. 2 hereof, submit to the Office of the President such
plans and programs within ninety (90) days after the establishment of
the boundaries pursuant to Sec. 1.
Section 4. The provisions of existing laws, decrees,
orders, rules and regulations as are inconsistent herewith are hereby
repealed, amended or modified accordingly.
Section 5. This decree shall take effect immediately.
Done in the City of Manila,
this 10th day of December, in the year of Our Lord, nineteen hundred
and eighty.
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