PRESIDENTIAL DECREE NO. 209, June 07, 1973

AUTHORIZING THE CREATION, ESTABLISHMENT AND DEVELOPMENT OF COMMUNAL TREE FARM PILOT PROJECTS IN THE PROVINCES OF IFUGAO AND BENGUET PROVIDING FOR THE MECHANICS OF IMPLEMENTATION…

Presidential Decrees June 7, 1973



WHEREAS, some of our important watersheds have been wantonly
denuded through the destruction of the forest cover as a result of improper
cutting, squatting, cultivation and uncontrolled burning resulting in the drying
up of streams and creeks, erosion of soil and siltation of dams affecting
hydro-electric power, irrigation system and ultimately degenerating our forest
to the extent that raw material requirement of industries dependent upon wood
are now insufficient;

WHEREAS, there is a keen need for the rehabilitation of
these watersheds by bringing back the forest cover through reforestation of
denuded areas and protecting those partly destroyed from squatting and
burning;

WHEREAS, the rehabilitation of these watersheds and forest
lands is slow, difficult and expensive without the cooperation of our people
both in the private and in the government sectors;

WHEREAS, this burden can be made easier and lighter by
involving the barrio people as well as municipal and provincial officials in
cooperation with the National Government, religious and civic organizations, and
those who, in one way or another, can contribute to this common goal;

WHEREAS, there is a great need for raw materials to supply
the wood carving and mining industries in the provinces of Ifugao and Benguet as
well as long fibered species for the paper pulp industry;

WHEREAS, it is necessary to adopt the tree farming concept
on a nation-wide basis with Ambuklao-Binga Watershed and Ifugao as the pilot
areas; and

WHEREAS, it is imperative to give incentives to barrio
residents, timber licensees and other interested parties to augment
reforestation efforts of the Government;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines and pursuant to
Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated
September 22, 1972, do hereby order and decree as part of the law of the
land:

(1) The creation of two (2) pilot projects for tree farms in the provinces of
Ifugao and Benguet, the purpose of which is to grow trees in the public forest
within each province, using the barrio residents, the barrio captains as their
leaders, municipal officials as supervisors, the provincial officials as
coordinators in the management and operation of the tree farms. The Bureau of
Forest Development shall extend the necessary technical assistance for the
growing, maintenance and development of the plantation while the Forest Products
Research and Industries Development Commission shall extend its expertise and
NSDB (National Science Development Board) fund in the research for tree species
suitable for such purposes;

(2) In the case of the Ifugao Project, the Secretary of Agriculture and
Natural Resources upon the recommendation of the Director of Forest Development
shall create the Ifugao Forest District covering the watershed areas which he
determined as the suitable jurisdiction of the said District;

(3) Beginning Fiscal Year 1973-1974 the Commissioner of the Budget is
authorized to release to the Bureau of Forest Development the amount of two
hundred thousand pesos for administrative operations of the Ifugao Forest
District, following the approved staffing pattern, which shall form part of the
regular appropriations for the said Bureau every year;

(4) The inclusion in the regular appropriation of the Bureau of Forest
Development for the coming Fiscal Year 1973-1974 of an additional amount of five
hundred and fifty thousand pesos for sub-allotment in the maintenance of the
above-mentioned tree farm projects during the fiscal year as follows:

(a) The amount of two hundred and fifteen thousand pesos for the province of
Ifugao;and
(b) The amount of three hundred and thirty-five thousand pesos to
the Upper Agno River Basin Forest District;

(5) The inclusion of one million pesos in the budget of the Bureau of Forest
Development for succeeding fiscal years with an authority to sub-allot from its
income such amount as may be necessary every fiscal year to continue and
maintain these two projects or their expansion to other areas if found
successful;

(6) The Budget Commission shall release the necessary funds needed by these
two projects based on the development plans and/or programs submitted by the
Director of Forest Development every budget year;

(7) To insure the proper protection of the established plantation and/or
existing forests from squatters, fire or unlawful acts, the Provincial
Commanders, Philippine Constabulary, shall coordinate all agencies concerned in
the protection of forest in these pilot projects as well as other provinces, and
take the leadership in apprehending violators;

(8) The further destruction or squatting of the watersheds of the Ambuklao
and Binga Hydro-electric dams by vegetable gardeners on the pretext that they
are authorized under Executive Order No. 87, Series of 1967, is hereby
prohibited.

To prevent such eventuality, the Mountain Province Development Authority is
hereby abolished and its functions and funds are transferred to the four (4)
Mountain Provinces and the Bureau of Forest Development which shall undertake
reforestation and other forest development within their respective jurisdiction:
Provided, That the Bureau of Forest Development shall have control of
the expenses of the funds based on the development program of work submitted by
the governors of the four provinces for the purpose and duly approved by the
Secretary of Agriculture and Natural Resources: Provided, further,That
each province does not spend in excess of one-fifth of the said fund; the
remaining one-fifth to be spent by the Bureau of Forest Development and other
agencies under the Department of Agriculture and Natural Resources which
supervise the projects;

(9) The approval and immediate implementation of a plan “Operation Forest
Protection” including the relocation of squatters from forest areas and
subsequent plan of reforestation;

(10) The assignment to the projects of one aircraft for fire detection,
suppression and cloud seeding;

(11) To give incentives to the barrio residents who manage the tree farms,
they shall be given areas to plant trees free from payment of fees and rentals.
To implement successfully the tree farm projects and assure the proper use of
the land, management and protection of the plantation, and the proper disposal
of the timber grown, an agreement must be entered into between the local
officials and the Secretary of Agriculture and Natural Resources embodying
therein the participation and/or obligations of each;

(12) Violations of Republic Act No. 3701 and other forestry laws pertaining
to the destruction of forests shall be considered as an act of economic sabotage
and shall be tried by military courts/tribunals concurrently with criminal
circuit courts, and the Philippine Constabulary is authorized to detain such
violators.

(13) All barrio captains and councilmen concerned shall be deputized as
forest guards to implement existing forestry laws and such local officials shall
be empowered to require all able-bodied men to serve or assist in fire
suppression;

(14) The National Government shall provide for the above-mentioned
firefighters a maximum of three thousand pesos for individual disability/death
claims;

(15) A Regional Evaluation Board composed of one representative each from the
Department of Justice, as chairman, and the Bureaus of Forest Development and
Lands, as members, is hereby created to review all tax declarations and other
pertinent papers relative to areas occupied by virtue of Executive Order No. 87,
Series of 1967. It shall have the power to declare null and void those that are
violative of the provisions of said Executive Order; and

(16) The Bureau of Forest Development shall act as the implementing agency
hereof, with authority to promulgate rules and regulations, organize and
recommend the necessary manpower and appropriation. All government agencies
whose functions are closely interrelated with the objectives of this project are
directed to assist and to request the active participation of the private
sectors.

This Decree shall take effect immediately.

Done in the City of Manila, this 7th day of June, in the year of Our Lord,
nineteen hundred and seventy-three.

 

(Sgd.) FERDINAND E. MARCOS
President

Republic of the Philippines

   

 

By the President:  
 
(Sgd.) ROBERTO V. REYES  
  Assistant Executive Secretary