PRESIDENTIAL DECREE NO. 1998, November 09, 1985

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.

Presidential Decrees November 9, 1985



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. 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:

  1. developed area planted to agricultural crops using effective erosion control
    practices or measures like terracing; and/or
  2. 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:

  1. 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;
  2. 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;
  3. 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;
  4. 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;
  5. 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.

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