WHEREAS,
Presidential Decree No. 705, as amended, prohibits the classification
of lands of the public domain eighteen percent (18%) in slope or over
as alienable and disposable;chanroblesvirtualawlibrary
WHEREAS, the Provinces of Cebu and Benguet have peculiar topography and
terrain wherein wide areas eighteen percent (18%) in slope or over have
been cultivated to agricultural crops and/or developed as townsites;chanroblesvirtualawlibrary
WHEREAS, the individuals who have introduced improvements in these have
raised the problem of acquiring titles to their holdings;chanroblesvirtualawlibrary
WHEREAS, this problem, which has now reached proportions necessitating
immediate solution, could be solved by releasing said areas as
alienable and disposable without endangering the national programs on
reforestation and conservation. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by law upon recommendation of the
Minister of Natural Resources, do hereby order the following:cralaw:red
Section 1. In the following cases, lands eighteen
percent (18%) in slope or over in the Provinces of Cebu and Benguet
shall be classified and/or reclassified as alienable and disposable by
the Minister of Natural Resources if they meet any or all of the
following criteria, to wit:cralaw:red
1) developed area planted to agricultural crops using
effective erosion control practices or measures like terracing; and/or
2) established and developed townsite within
barangays or communities where basic structures, e.g., roads, schools,
church are already existing.
Provided, however, That a land capability and suitability survey shall
be conducted first by the Composite Land Classification Team over the
areas in question to determine whether the existing land use conforms
with the above mentioned criteria: Provided, further, That the
claimants or occupants had been in continuous possession of the area on
or before May 19, 1975: Provided, finally, that in the title will be
issued therefore, whether administratively, judicially or otherwise,
the following additional conditions shall appear: chanroblesvirtualawlibrary
a) That the existing land condition when the area was
classified as alienable and disposable shall continue to be maintained
and environmentally improved at all times;chanroblesvirtualawlibrary
b) That if the top or crown of the hill of mountain
is more or less flat and level, but its slopes are steep and rocky, the
steep hillsides shall be planted to trees and/or other appropriate
vegetative cover;chanroblesvirtualawlibrary
c) That if the slopes of hills or mountains are of
gentle grade while the mountain or hilltops are steep and pointed, the
peaks shall be planted to trees and/or other appropriate vegetative
cover;chanroblesvirtualawlibrary
d) That the right of the Government to administer and
protect the timber found thereon shall be maintained, provided, that
the grantee or his heirs may be allowed to cut and utilize such timber
as may be needed for his or their personal use;chanroblesvirtualawlibrary
e) That the land granted herein shall not be used for
any purpose other than the existing use for which the said land was
classified as alienable and disposable under this Section and any
change in any land use, except with the approval of the Minister of
Natural Resources, shall constitute a sufficient ground for the
cancellation of the title and the reversion of the land to the mass of
public forest.
Section 2. When public interest so requires, steps
shall be taken to expropriate/cancel titles, reject public land
application, or eject occupants thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of
the Republic of the Philippines to be affixed.
DONE in Metro Manila,
Philippines, this 9th day of November, in the year of Our Lord,
nineteen hundred and eighty-five.
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