ESTABLISHING AGRO-FOREST RESERVES WITHIN THE AGUSAN VALLEY FOR THE IMPLEMENTATION OF THE NATIONWIDE COCONUT REPLANTING PROGRAM

• Number: Presidential Decree No. 1768
• Sections: 8

Preamble

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;

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;

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;

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;

WHEREAS, the planting of coconut trees in forest lands shall

support the national forest renewal program and encourage public participation

in agro-forest activities;

WHEREAS, the establishment of large scale coconut

plantations logged-over, denuded and inadequately stocked forest lands shall

create employment opportunities in support of the socio-economic and

resettlement programs of the Government;

WHEREAS, such overriding national interest requires,

therefore, that existing timber license agreements be reviewed so that

logger-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;

WHEREAS, it is desirable that the 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 tae benefits under this Decree;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President/Prime

Minister of the Philippines, by virtue of the powers vested in me by the

Constitution and the laws, do hereby order and decree:

Section 1

SECTION 1. In the exercise or 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 are delineated in Attachment

A to this Decree, from the following concessions:

Liberty Forest, Inc. concession located at the Municipalities of

Prosperidad, Esperanza and Bayugan, Province of Agusan del Sur.

CVC Forest Industries concession located at the Municipalities of Bunawan

and Trento, Province of Agusan del Sur.

Ago Timber Corporation concession located at the Municipalities of

Prosperidad, Province of Agusan del Sur.

CBL Timber Corporation concession located at 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

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 programs 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 shall

be subject to the approval of the President/ Prime Minister.

Section 3

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 PCU to be necessary for the protection of the interests of the

Government, the coconut farmers, end the sellers and kaingeros in the area.

Section 4

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

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

SECTION 6. If any provision herein is held invalid, the

other provisions shall continue to be operative.

Section 7

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.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JUAN C. TUVERA

Presidential Executive Assistant

Vol. 25, Vital Documents,

Presidential Decree 1980-1981