Philippine Environmental Law on Land

8/10/2019 Philippine Environmental Law on Land

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Prepared by: John Romy P. Delfin

IV-BSPT



Presidential Decree No. 1152(Title III. Land Use Management)

Revised Forestry Code

(Forestry Reform Code of thePhilippines)



TITLE III (LAND USE MANAGEMENT)The purposes of this Title are:

a. to provide a rational, orderly and efficient acquisition,utilization and disposition of land its resources in order to

derive therefrom maximum benefits; andb. to encourage the prudent use and conservation of landresources in order to prevent an imbalance between thenation’s needs and such resources.



a science-based and technology-oriented land inventory andclassification system; a determination of present land uses, the extent to whichthey are utilized, under-utilized, rendered idle or abandoned;

a comprehensive and accurate determination of theadaptability of the land for community development,agriculture, industry, commerce, and other fields ofendeavor;



method of identification of areas where uncontrolleddevelopment could result in irreparable damage to importanthistoric, or aesthetic values, or nature systems or processesof national significance;a method for exercising control by the appropriategovernment agencies over the use of land in area of criticalenvironmental concern and areas impacted by publicfacilities including, but not limited to, airports, highways,bridges, ports and wharves, buildings and other infrastructureprojects;



a method to ensure the consideration of regionaldevelopment and land use in local regulations;a policy for influencing the location of new communities andmethods for assuring appropriate controls over the use ofland around new communities;



a system of controls and regulations pertaining to areas anddevelopment activities designed to ensure that any source ofpollution will not be located where it would result in a violatioof any applicable environmental pollution control regulations;a recommended method for the periodic revisions andupdating of the national land use scheme to meet changingconditions.





WHEREAS, proper classification, management andutilization of the lands of the public domain to maximize theirproductivity to meet the demands of our increasingpopulation is urgently needed;WHEREAS, to achieve the above purpose, it is necessary toreassess the multiple uses of forest lands and resourcesbefore allowing any utilization thereof to optimize the benefitsthat can be derived therefrom;



WHEREAS, it is also imperative to place emphasis not onlyon the utilization thereof but more so on the protection,rehabilitation and development of forest lands, in order toensure the continuity of their productive condition;WHEREAS, the present laws and regulations governingforest lands are not responsive enough to support re-orientedgovernment programs, projects and efforts on the properclassification and delimitation of the lands of the publicdomain, and the management, utilization, protection,rehabilitation, and development of forest lands;



The multiple uses of forest lands shall be oriented to thedevelopment and progress requirements of the country, theadvancement of science and technology, and the publicwelfare; Land classification and survey shall be systematized andhastened;The establishment of wood-processing plants shall beencouraged and rationalized; and



The protection, development and rehabilitation of forest landsshall be emphasized so as to ensure their continuity inproductive condition.





Public forest lands:Bare or grass-covered tracts of forest lands;Brushlands or tracts of forest lands generally covered withbrush, which need to be developed to increase their

productivity;Open tracts of forest lands interspersed with patches offorest;



Denuded or inadequately timbered areas proclaimed by, thePresident as forest reserves and reservations as criticalwatersheds, national parks, game refuge, bird sanctuaries,national shrines, national historic sites;Inadequately-stock forest lands within forest concessions;Portions of areas covered by pasture leases or permitsneeding immediate reforestation;River banks, easements, road right-of-ways, deltas, swamps,former river beds, and beaches.



Private LandsPortions of private lands required to be reforested or plantedto trees pursuant to Presidential Decree Nos. 953 and 1153and other existing laws. [As amended by PD No. 1559. PD1153 repealed by EO No. 287, s. 1987]





All measures shall be taken to protect the forest resourcesfrom destruction, impairment and depletion.



In order to achieve the effective protection of the forest lands and theresources thereof from illegal entry, unlawful occupation, kaingin, fire,insect infestation, theft, and other forms of forest destruction, theutilization of timber therein shall not be allowed except through licenseagreements under which the holders thereof shall have the exclusiveprivilege to cut all the allowable harvestable timber in their respective

concessions, and the additional right of occupation, possession, andcontrol over the same, to the exclusive of all others, except thegovernment, but with the corresponding obligation to adopt all theprotection and conservation measures to ensure the continuity of theproductive condition of said areas, conformably with multiple use andsustained yield management.



If the holder of a license agreement over a forest areaexpressly or impliedly waives the privilege to utilize anysoftwood, hardwood or mangrove species therein, a licensemay be issued to another person for the harvest thereofwithout any right of possession or occupation over the areas

where they are found, but he shall, likewise, adopt protectionand conservation measures consistent with those adopted bythe license agreement holder in the said areas.

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Philippine Environmental Law on Land