Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1998)
The main purpose of Presidential Decree No. 1998 is to authorize the classification and/or re-classification of lands with eighteen percent (18%) slope or over in the provinces of Cebu and Benguet as alienable and disposable lands under certain conditions.
Lands with 18% slope or over can be classified as alienable and disposable if they are developed areas planted to agricultural crops using effective erosion control practices like terracing, and/or established and developed townsites within barangays where basic structures such as roads, schools, and churches exist.
A land capability and suitability survey must be conducted by the Composite Land Classification Team to determine whether the existing land use conforms with the criteria set forth in the decree before classification or reclassification.
The Minister of Natural Resources has the authority to classify and/or reclassify the lands eighteen percent (18%) in slope or over as alienable and disposable under the decree.
Claimants or occupants must have been in continuous possession of the area on or before May 19, 1975, to qualify for the classification of the land as alienable and disposable under this decree.
Any change in land use without the approval of the Minister of Natural Resources constitutes sufficient ground for cancellation of the title and reversion of the land to the mass of public forest.
Yes, the government retains the right to administer and protect timber on the land, although the grantee or heirs may cut and use timber for their personal use.
The government may take steps to expropriate or cancel titles, reject public land applications, or eject occupants from the classified lands when public interest so requires.
The decree specifically applies to the provinces of Cebu and Benguet in the Philippines.