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PRESIDENTIAL DECREE NO. 953
PRESIDENTIAL DECREE NO. 953 -
REQUIRING THE PLANTING OF TREES IN CERTAIN PLACES AND PENALIZING
UNAUTHORIZED CUTTING, DESTRUCTION, DAMAGING AND INJURING OF CERTAIN
TREES, PLANTS AND VEGETATION
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WHEREAS,
the planting of trees on lands adjoining the edge of rivers and creeks
in both a measure of beautification and reforestation; and chanroblesvirtualawlibrary
WHEREAS, the planting of trees along roads and areas intended for the
common use of owners of lots in subdivisions will provide shade and
healthful environment therein;chanroblesvirtualawlibrary
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:cralaw:red
Section 1. The following shall plant trees:cralaw:red
1. Every person who owns land adjoining a river or
creek, shall plant trees extending at least five meters on his land
adjoining the edge of the bank of the river or creek, except when such
land, due to its permanent improvement, cannot be planted with trees;chanroblesvirtualawlibrary
2. Every owner of an existing subdivision shall
plant trees in the open spaces required to be reserved for the common
use and enjoyment of the owners of the lots therein as well as along
all roads and service streets. The subdivision owner shall consult the
Bureau of Forest Development as to the appropriate species of trees to
be planted and the manner of planting them; and
3. Every holder of a license agreement, lease,
license or permit from the Government, involving occupation and
utilization of forest or grazing land with a river or creek therein,
shall plant trees extending at least twenty (20) meters from each edge
of the bank of the river or creek. chanroblesvirtualawlibrary
The persons hereinabove required to plant trees shall take good care of
them, and, from time to time, remove any tree planted by them in their
respective areas which has grown very old, is diseased, or is
defective, and replant with trees their respective areas whenever
necessary.
Section 2. Every owner of land subdivided into
residential/commercial/industrial lots after the effectivity of this
Decree shall reserve, develop and maintain not less than thirty percent
(30%) of the total area of the subdivision, exclusive of roads, service
streets and alleys, as open space for parks and recreational areas.
No plan for a subdivision shall be approved by the Land Registration
Commission or any office or agency of the government unless at least
thirty percent (30%) of the total area of the subdivision, exclusive of
roads, service streets and alleys, is reserved as open space for parks
and recreational areas and the owner thereof undertakes to develop such
open space, within three (3) years from the approval of the subdivision
plan, in accordance with the development plan approved by the Bureau of
Forest Development and to maintain such parks and recreational areas.
Section 3. Any person who cuts, destroys, damages or
injures, naturally growing or planted trees of any kind, flowering or
ornamental plants and shrubs, or plants of scenic, aesthetic and
ecological values, along public roads, in plazas, parks other than
national parks, school premises or in any other public ground or place,
or on banks of rivers or creeks, or along roads in land subdivisions or
areas therein for the common use of the owners of lots therein, or any
species of vegetation or forest cover found therein shall, be punished
with imprisonment for not less than six months and not more than two
years, or a fine of not less than five hundred pesos and not more than
five thousand pesos, or with both such imprisonment and fine at the
discretion of the court, except when the cutting, destroying, damaging
or injuring is necessary for public safety or the pruning thereof is
necessary to enhance beauty, and only upon the approval of the duly
authorized representative of the head of agency or political
subdivision having jurisdiction therein, or of the Director of Forest
Development in the case of trees on banks of rivers and creeks, or of
the owner of the land subdivision in the case of trees along roads and
in other areas therein for the common use of owners of lots therein. If
the offender is a corporation, partnership or association, the penalty
shall be imposed upon the officer or officers thereof responsible for
the offense, and if such officer or officers are aliens, in addition to
the penalty herein prescribed, he or they shall be deported without
further proceedings before the Commission on Immigration and
Deportation. Nothing in this Decree shall prevent the cancellation of a
license agreement, lease, license or permit from the Government, if
such cancellation is prescribed therein or in Government regulations
for such offense.
Section 4. Any person who shall violate any
provision of Section one hereof, or any regulation promulgated
thereunder, shall be punished with imprisonment for not less than six
months but not more than two years, or with a fine of not less than
five hundred pesos but not more than five thousand pesos, or with both
such imprisonment than fine at the discretion of the court. If the
offender is a public officer or employee, he shall, in addition, be
dismissed from the public service and disqualified perpetually to hold
public office.
Section 5. Any person who shall violate the
provision of Section 2 hereof, or any regulation promulgated
thereunder, shall be punished with imprisonment for not less than two
(2) years but not more than five (5) years, or with a fine equivalent
to the value, at current valuation, of the area representing thirty
percent (30%) of the total area of the subdivision, or both such fine
and imprisonment at the discretion of the Court.
Section 6. The Director of Forest Development shall
issue such rules and regulations as may be necessary to carry out the
purposes of this Decree.
Section 7. All laws, rules and regulations, or parts
thereof, inconsistent herewith are hereby repealed. chanroblesvirtualawlibrary
Section 8. This Decree shall take effect upon its
promulgation.
Done in the City of Manila,
this 6th day of July in the year of Our Lord, nineteen hundred and
seventy-six.
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Since 19.07.98
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