A
collection of Philippine laws, statutes and codes
not
included or cited in the main
indices
of
the
Chan Robles Virtual Law Library
PRESIDENTIAL DECREE NO. 209
PRESIDENTIAL DECREE NO. 209
- AUTHORIZING THE CREATION, ESTABLISHMENT AND DEVELOPMENT OF COMMUNAL
TREE FARM PILOT PROJECTS IN THE PROVINCES OF IFUGAO AND BENGUET,
PROVIDING FOR THE MECHANICS OF IMPLEMENTATION THEREOF, AND
APPROPRIATING FUNDS FOR THE PURPOSE
|
chanroblesvirtualawlibrary
WHEREAS,
some of our important watersheds have been wantonly denuded through the
destruction of the forest cover as a result of improper cutting,
squatting, cultivation and uncontrolled burning resulting in the drying
up of streams and creeks, erosion of soil and siltation of dams
affecting hydro-electric power, irrigation system and ultimately
degenerating our forest to the extent that raw material requirement of
industries dependent upon wood are now insufficient; chanroblesvirtualawlibrary
WHEREAS, there is a keen need for the rehabilitation of these
watersheds by bringing back the forest cover through reforestation of
denuded areas and protecting those partly destroyed from squatting and
burning;chanroblesvirtualawlibrary
WHEREAS, the rehabilitation of these watersheds and forest lands is
slow, difficult and expensive without the cooperation of our people
both in the private and in the government sectors; chanroblesvirtualawlibrary
WHEREAS, this burden can be made easier and lighter by involving the
barrio people as well as municipal and provincial officials in
cooperation with the National Government, religious and civic
organizations, and those who, in one way or another, can contribute to
this common goal;chanroblesvirtualawlibrary
WHEREAS, there is a great need for raw materials to supply the wood
carving and mining industries in the provinces of Ifugao and Benguet as
well as long fibered species for the paper pulp industry;chanroblesvirtualawlibrary
WHEREAS, it is necessary to adopt the tree farming concept on a
nationwide basis with Ambuklao-Binga Watershed and Ifugao as the pilot
areas;chanroblesvirtualawlibrary
WHEREAS, it is imperative to give incentives to barrio residents,
timber licensees and other interested parties to augment reforestation
efforts of the Government; chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all Armed Forces of the Philippines and pursuant
to Proclamation No. 1081 dated September 21, 1972, and General Order
No. 1 dated September 22, 1972, do hereby order and decree as part of
the law of the land:cralaw:red
(1) The creation of two (2) pilot projects for tree
farms in the provinces of Ifugao and Benguet, the purpose of which is
to grow trees in the public forest within each province, using the
barrio residents, the barrio captains as their leaders, municipal
officials as supervisors, the provincial officials as coordinators in
the management and operation of the tree farms. The Bureau of Forest
Development shall extend the necessary technical assistance for the
growing, maintenance and development of the plantation while the Forest
Products Research and Industries Development Commission shall extend
its expertise and NSDB (National Science Development Board) fund in the
research for tree species suitable for such purposes;chanroblesvirtualawlibrary
(2) In the case of the Ifugao Projects, the Secretary
of Agriculture and Natural Resources upon the recommendation of the
Director of Forest Development shall create the Ifugao Forest District
covering the watershed areas which he determined as the suitable
jurisdiction of the said District;chanroblesvirtualawlibrary
(3) Beginning Fiscal Year 1973-1974 the Commissioner
of the Budget is authorized to release to the Bureau of Forest
Development the amount of two hundred thousand pesos for administrative
operations of the Ifugao Forest District, following the approved
staffing pattern, which shall form part of the regular appropriations
for the said Bureau every year;chanroblesvirtualawlibrary
(4) The inclusion in the regular appropriation of the
Bureau of Forest Development for the coming Fiscal Year 1973-1974 of an
additional amount of five hundred and fifty thousand pesos for
sub-allotment in the maintenance of the above-mentioned tree farm
projects during the fiscal year as follows:cralaw:red
(a) The amount of two hundred and fifteen thousand
pesos for the province of Ifugao; and chanroblesvirtualawlibrary
(b) The amount of three hundred and thirty-five
thousand pesos to the Upper Agno River Basin Forest District.
(5) The inclusion of one million pesos in the budget
of the Bureau of Forest Development for succeeding fiscal years with an
authority to sub-allot from its income such amount as may be necessary
every fiscal year to continue and maintain these two projects or their
expansion to other areas if found successful;chanroblesvirtualawlibrary
(6) The Budget Commission shall release the necessary
funds needed by these two projects based on the development plans
and/or programs submitted by the Director of Forest Development every
budget year;chanroblesvirtualawlibrary
(7) To insure the proper protection of the
established plantation and/or existing forests from squatters, fire or
unlawful acts, the Provincial Commanders, Philippine Constabulary,
shall coordinate all agencies concerned in the protection of forest in
these pilot projects as well as other provinces, and take the
leadership in apprehending violators;chanroblesvirtualawlibrary
(8) The further destruction or squatting of the
watersheds of the Ambuklao and Binga Hydro-electric dams by vegetable
gardeners on the pretext that they are authorized under Executive Order
No. 87, series of 1967, is hereby prohibited.
To prevent such eventuality, the Mountain Province Development
Authority is hereby abolished and its functions and funds are
transferred to the four (4) Mountain Provinces and the Bureau of Forest
Development which shall undertake reforestation and other forest
development within their respective jurisdiction: Provided, That the
Bureau of Forest Development shall have control of the expenses of the
funds based on the development program of work submitted by the
governors of the four provinces for the purpose and duly approved by
the Secretary of Agriculture and Natural Resources; Provided, further,
That each province does not spend in excess of one-fifth of the said
fund; the remaining one-fifth to be spent by the Bureau of Forest
Development and other agencies under the Department of Agriculture and
Natural Resources which supervise the projects;chanroblesvirtualawlibrary
(9) The approval and immediate implementation of a
plan "Operation Forest Protection" including the relocation of
squatters from forest areas and subsequent plan of
reforestation; chanroblesvirtualawlibrary
(10) The assignment to the projects of onercraft for
fire detection, suppression and cloud seeding;chanroblesvirtualawlibrary
(11) To give incentives to the barrio residents who
manage the tree farms, they shall be given areas to plant trees free
from payment of fees and rentals. To implement successfully the tree
farm projects and assure the proper use of the land, management and
protection of the plantation, and the proper disposal of the timber
grown, an agreement must be entered into between the local officials
and the Secretary of Agriculture and Natural Resources embodying
therein the participation and/or obligations of each;chanroblesvirtualawlibrary
(12) Violations of Republic Act No. 3701 and other
forestry laws pertaining to the destruction of forests shall be
considered as an act of economic sabotage and shall be tried by
military courts/tribunals concurrently with criminal circuit courts;
and the Philippine Constabulary is authorized to detain such violators;chanroblesvirtualawlibrary
(13) All barrio captains and councilmen concerned
shall be deputized as forest guards to implement existing forestry laws
and such local officials shall be empowered to require all able-bodied
men to serve or assist in fire suppression;chanroblesvirtualawlibrary
(14) The National Government shall provide for the
abovementioned firefighters a maximum of three thousand pesos for
individual disability/death claims;chanroblesvirtualawlibrary
(15) A Regional Evaluation Board composed of one
representative each from the Department of Justice, as chairman, and
the Bureau of Forest Development and Lands, as members is hereby
created to review all tax declarations and other pertinent papers
relative to areas occupied by virtue of Executive Order No. 87, series
of 1967. It shall have the power to declare null and void those that
are violative of the provisions of said executive order; and
(16) The Bureau of Forest Development shall act as
the implementing agency hereof, with authority to promulgate rules and
regulations, organize and recommend the necessary manpower and
appropriation. All government agencies whose functions are closely
interrelated with the objectives of this project are directed to assist
and to request the active participation of the private
sectors. chanroblesvirtualawlibrary
This Decree shall take effect immediately.
Done in the City of Manila,
this 7th day of June, in the year of Our Lord, nineteen hundred and
seventy-three.
|
Back
to Home
- Back
to Main
chanroblesvirtuallawlibrary
Since 19.07.98
|