Regulation Setting Apart Forest Reserves: Permanency of Same.
Section 16
SEC. 16. Regulation Setting Apart Forest Reserves: Permanency of Same. — Upon the recommendation of the Director, duly concurred in by the Department Head, the President of the Philippines shall, by proclamation, declare all lands of the public domain eighteen percent (18%) in slope or over as permanent forests or forest reserves, regardless of the condition of vegetative cover, occupancy, or use of any kind, and thereafter such forest reserves shall not be alienated nor disposed of, but shall remain in public ownership as such for forest uses. Parcels of land less than eighteen percent (18%) in slope and less than two hundred fifty (250) hectares, and lands on tops of ridges or plateaus, regardless of size, which arc found within or are surrounded, wholly or partly, by a body of public forest and suitable for permanent forest purposes shall be considered as part thereof. Areas along streams or rivers may be utilized, in the absence of available alienable or disposable areas, as kaingin relocation centers, forest villages, and other purposes compatible with the proper management of the forest. Appropriately located road rights-of-way shall be retained as part of the permanent forest land. A strip of land fifty (50) meters above the normal high waterline on each side of rivers and streams with channels not less than five (5) meters wide shall be retained as permanent forest land for stream bank protection. Strips of land, mangrove and swampland not less than fifty (50) meters from the apparent shoreline as indicated by vegetative growth along the shoreline facing oceans, lakes and other bodies of water shall be retained as permanent forest for shoreline protection. Isolated areas or patches of forest of at least five (5) hectares with slope eighteen percent (18%) or over shall likewise be retained as permanent forest land. All lands eighteen percent (18%) in slope or over which have been previously classified as alienable or disposable, but not yet titled as certified by the Director of Lands, shall be reverted to the category of public forest: Provided, That existing alienable or disposable lands, even if eighteen percent (18%) in slope or over but covered by approved public land applications, or have been, and are actually occupied openly, continuously, adversely, and publicly for a period of not less than thirty (30) years as of the effectivity of this Code, shall remain as such alienable or disposable: Provided, further, That such alienable or disposable lands eighteen percent (18%) in slope or over are kept in a vegetative condition sufficient to prevent erosion and adverse effects on the lowlands and streams, otherwise, steps shall be taken by the Bureau to initiate appropriate proceedings to revert such lands to the category of public forest. The President of the Philippines may, by proclamation, and upon the recommendation of the Director, duly concurred in by the Department Head, modify the boundaries of any forest reserve without need of concurrence by any other body, any provision of law to die contrary notwithstanding.