WHEREAS,
under Section 5 of Presidential Decree No. 705, the Bureau of Forest
Development is vested with authority and jurisdiction over all forest
lands including watershed reservations;chanroblesvirtualawlibrary
WHEREAS, watershed areas are critical and essential not only to the
life-span of hydroelectric dams and other water-oriented projects of
the government but also to its flood control and other environmental or
ecological programs;chanroblesvirtualawlibrary
WHEREAS, in view of the foregoing reasons and in order to curtail the
continuing destruction, denudation and appropriation of watershed areas
by private parties, it is imperative that their inalienable and
non-disposable character be better assured, and to this end, more
stringent measures adopted for their better protection, development,
management and rehabilitation;chanroblesvirtualawlibrary
WHEREAS, under Presidential Decree No. 1206 the Ministry of Energy has
been mandated to formulate and implement the government's policies,
plans and programs on the development of energy resources of all kinds;
and
WHEREAS, in pursuance of its aforestated functions the Ministry of
Energy will be in a better position to afford the desired protection,
development, management and rehabilitation of watershed areas. 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 the following:cralaw:red
Section 1. Any provision of existing law to the
contrary notwithstanding, the Ministry of Energy shall have
jurisdiction, control and regulation over all watershed areas and
reservations proclaimed or hereafter proclaimed as such by the
President of the Philippines.
Section 2. The Ministry of Energy may exercise its
powers, functions, and responsibilities over watershed areas and
reservations through the National Power Corporation (NPC) or such other
government agencies or instrumentalities as are attached to or
otherwise placed under the Ministry of Energy. The NPC or any other
such designated government agency shall be responsible for the
management, protection, development and rehabilitation of watershed
areas, including but not limited to the following:cralaw:red
1. Identification of watershed areas which require
immediate rehabilitation and development;chanroblesvirtualawlibrary
2. Preparation of plans and programs for the maximum
utilization of watershed resources;chanroblesvirtualawlibrary
3. Formulation and/or implementation of measures to
prevent denudation of watershed cover;chanroblesvirtualawlibrary
4. Undertake public education and information drive
to create awareness among the populace of the importance of forests and
uses of watershed areas;chanroblesvirtualawlibrary
5. Promotion of the development and conservation of
existing vegetative cover;chanroblesvirtualawlibrary
6. Formulation of plans and development programs for
resettlement and relocation;chanroblesvirtualawlibrary
7. Coordination with other government
agencies/instrumentalities, religious and civic groups in undertaking
forest conservation measures in watershed areas;chanroblesvirtualawlibrary
8. Undertake afforestation, reforestation and
physical rehabilitation measures in critically denuded watershed areas;
and
9. Development, maintenance and management of tree
farms within adequately vegetated watersheds for the production of
transmission line poles.
Section 3. The Ministry of Energy is hereby empowered
to call upon and enlist the assistance of any or all government
agencies in the exercise of its powers herein.
Section 4. The Ministry of Energy shall prescribe
adopt and issue rules and regulations governing the implementation of
the herein granted functions, powers and responsibilities, which rules
and regulations shall come into force and effect when approved by the
President, and any person or persons who shall violate such rules and
regulations shall be punished with a fine ranging from Five Hundred
Pesos (P500) to Five Thousand Pesos (P5,000) or with imprisonment from
six (6) months to five (5) years, or both such fine and imprisonment at
the discretion of the Court. chanroblesvirtualawlibrary
Section 5. To carry out the purposes of this Decree,
there is hereby appropriated out of any funds in the National Treasury
not otherwise appropriated, the sum of THIRTY MILLION PESOS
(P30,000,000) for the operation of the National Power Corporation or
any other designated implementing agency in addition to whatever
appropriation the other government agencies concerned may contribute to
this undertaking. Thereafter, the necessary appropriation shall be
included in the Annual General Appropriation Act.
Section 6. The provisions of Presidential Decree No.
705 and other laws, decrees, orders, rules and regulations as are
inconsistent herewith are hereby repealed, amended or modified
accordingly. chanroblesvirtualawlibrary
Section 7. This Decree shall take effect immediately.
DONE in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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