AUTHORIZING THE CLASSIFICATION AND/OR RE-CLASSIFICATION OF LANDS EIGHTEEN PERCENT IN SLOPE OR OVER IN THE PROVINCES OF CEBU AND BENGUET AS ALIENABLE AND DISPOSABLE LANDS.

• Number: Presidential Decree No. 1998
• Sections: 3

Preamble

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;

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;

WHEREAS, the individuals who have introduced improvements in

these areas have raised the problem of acquiring titles to their holdings;

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;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the

Philippines, by virtue of the powers vested in me by law, and upon

recommendation of the Minister of Natural Resources, do hereby order the

following:

Section 1

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:

developed area planted to agricultural crops using effective erosion control

practices or measures like terracing; and/or

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 that will be issued

therefore, whether administratively, judicially or otherwise, the following

additional conditions shall appear:

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;

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;

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;

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;

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

SEC. 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.

(Sgd.) FERDINAND E. MARCOS

President of the

Philippines

By the President:

(Sgd.) JUAN C. TUVERA

Presidential Executive

Assistant