QuestionsQuestions (Act No. 3388)
Act No. 3388 amends Sections 1839 and 1841 of the Administrative Code (Act No. 2711) to provide rules on the establishment, administration, and limitations on communal forests and communal pastures.
The Director of Forestry, with the approval of the Department Head, may set aside one or more tracts of public land as communal forest or communal pasture.
Public land that is more suitable for forest uses than for agriculture.
Preferably from land in the province of the community to be served.
A communal forest or communal pasture may be assigned for the community’s use in a neighboring province.
If public interests so require, the Director of Forestry may, with the same approval, change boundaries/location or dis-establish it altogether.
Once established for communal use, it shall not be entered, sold, or leased.
They shall be administered by the Director of Forestry, subject to the approval of the Department Head.
To ensure the people with rights therein a continued supply of forest products for home use and sufficient pasture for their animals.
The Director may prescribe the species and sizes of trees that may be cut, the manner of removal of trees/other forest products and the conditions under which pastures may be occupied.
Yes, but only under a special license and only when the best interest of the forest requires cutting in excess of local needs.
Revenue exploitation is allowed only when cutting beyond local needs is required by the best interests of the forest, and it must be under a special license.
It provides required approval: for setting aside the land (Section 1839) and for administration and rules on exploitation (Section 1841).
Private parties cannot acquire possessory or proprietary rights through entry, purchase, or leasing of the land designated as communal forest/pasture once established for communal use.
The Director may act with approval of the Department Head when public interests so require.
Upon its approval, since the Act states it shall take effect upon its approval; it was approved on December 3, 1927.
They are entitled to continued supply of forest products for home use and sufficient pasture for their animals, ensured by the Director’s administration rules.
Both are communal uses of designated public land: communal forests focus on forest products for home use, while communal pastures focus on grazing needs (sufficient pasture for animals), with administration designed to meet these needs.