WHEREAS, it
is the policy of the State, as enunciated in PD No. 705 and PD No.
1153, to vigorously undertake a forest renewal program; chanroblesvirtualawlibrary
WHEREAS, it is also the declared policy of the State under PD No. 1468
to promote the rapid integrated development and growth of the coconut
industry, and pursuant to that policy, PD No. 1468 requires the
Philippine Coconut Authority ("PCA") to, among others, formulate and
implement a nationwide replanting program using precocious
high-yielding hybrid seednuts, which program may include the planting
of new areas;chanroblesvirtualawlibrary
WHEREAS, the PCA has formulated a nationwide coconut replanting program
and has recommended the inclusion in said program of the planting of
hybrid coconut in sizeable, contiguous new areas;chanroblesvirtualawlibrary
WHEREAS, the PCA has identified that among the new areas suitable for
the planting of the hybrid seednuts are the logged-over, denuded and
inadequately stocked forest lands, particularly in the Agusan
Valley; chanroblesvirtualawlibrary
WHEREAS, the planting of coconut trees in forest lands shall support
the national forest renewal program and encourage public participation
in agro-forest activities;chanroblesvirtualawlibrary
WHEREAS, the establishment of large scale coconut plantations in
logged-over, denuded and inadequately stocked forest lands shall create
employment opportunities in support of the socio-economic and
resettlement programs of the Government; chanroblesvirtualawlibrary
WHEREAS, such overriding national interest requires, therefore, that
existing timber license agreements be reviewed so that logged-over,
denuded and inadequately stocked forest lands within timber concessions
may be established as agro-forest reserves and opened as new areas for
the planting of hybrid coconuts and other suitable agricultural crops,
tree crops and forest plants;chanroblesvirtualawlibrary
WHEREAS, it is desirable that owners of landed estates which were
acquired by the Government thru voluntary agreement or thru
expropriation proceedings, who were to be compensated for such lands
under Republic Act No. 926 but have not received the full compensation
agreed upon, be permitted to avail of benefits under this Decree.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President/Prime Minister of the
Philippine, by virtue of the powers vested in me by the Constitution
and the laws, do hereby order and decree:cralaw:red
Section 1. In the exercise of the Presidential
prerogative provided by Article XVII, Sec. 12 of the Constitution, as
enforced through Section 20 of PD No. 705, the Revised Forestry Code,
as amended, and finding the exercise of said presidential prerogative
to be required by the national interest, I do hereby withdraw the
denuded, logged-over and inadequately stocked areas, the boundaries of
which delineated in Attachment A to this Decree, from the following
concessions:cralaw:red
(i) Liberty Forest, Inc. concession located at the
Municipalities of Prosperidad, Esperanza and Bayugan, Province of
Agusan del Sur.
(ii) CVC Forest Industries concession located at the
Municipalities of Bunawan and Trento, Province of Agusan del Sur.
(iii) Ago Timber Corporation concession located at
the Municipality of Prosperidad, Province of Agusan del
Sur. chanroblesvirtualawlibrary
(iv) CBL Timber Corporation concession located at the
Municipality of Prosperidad, Province of Agusan del Sur.
I hereby establish said delineated denuded, logged-over and
inadequately stocked areas as agro-forest reserves to be used as the
new areas for the planting of hybrid coconut seednuts, provided that
the same may be also be planted to other agro-forest products, tree
crops, and forest plants.
Section 2. PCA is hereby authorized to enter into
agreements for the development of the areas referred to in Section 1
above, by way of agro-forest lease, with the coconut farmers of the
Philippines, acting thru the Coconut Industry Investment Fund and/or
the Coconut Industry Development Fund, and/or with the persons or
entities who have availed of the provisions of Republic Act No. 926.
The lease shall be for a period of twenty-five (25) years or such
longer period as may hereafter be allowed by law, renewable for another
twenty-five (25) years or such longer period as may hereafter be
allowed by law. After the expiration of the term of the lease, if the
program is in the process of implementation, the awardees shall be
given priority in the further utilization of the leased areas for
agro-forest purposes. Other forest areas as may, from time to time, be
identified by the PCA as suitable for the coconut replanting program
may be incorporated in such agreements. All agreements entered into by
PCA by virtue of this section be subject to the approval of the
President/Prime Minister. chanroblesvirtualawlibrary
Section 3. The agro-forest reserves established by
this Decree shall be incorporated in the nationwide coconut replanting
program as formulated and implemented by the PCA, under such terms and
conditions as may be determined by the PCA to be necessary for the
protection of the interests of the Government, the coconut farmers, and
the sellers and kaingeros in the area.
Section 4. To support the socio-economic and
resettlement thrusts of the project, the Ministry of Public Highways
shall include in its program the construction and maintenance of the
required infrastructure, such as roads and bridges, for the development
of the areas and extend such assistance as may be required by the PCA.
Section 5. Persons and entities qualified to avail of
the benefits under this Decree, as well as the agreements entered into
with them in the implementation of this Decree, shall be excepted from
the operation of existing laws which may otherwise disqualify them or
render the agreements invalid.
Section 6. If any provision herein is held invalid,
the other provisions shall continue to be operative.
Section 7. This Decree shall take effect immediately.
Done in the City of Manila,
this 12th day of January, in the year of Our Lord, nineteen hundred and
eighty-one.
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