QuestionsQuestions (PRESIDENTIAL DECREE NO. 1998)
To authorize the classification and/or reclassification of lands that are 18% in slope or over in the provinces of Cebu and Benguet as alienable and disposable, subject to specific criteria and strict environmental conditions.
It references Presidential Decree No. 705 (as amended), which prohibits classifying lands of the public domain that are 18% in slope or over as alienable and disposable.
Because these provinces have peculiar topography where wide areas of 18% slope or over were already cultivated or developed as townsites, creating issues for occupants seeking title.
(1) Developed areas planted to agricultural crops using effective erosion control practices like terracing; and/or (2) Established and developed townsites within barangays or communities where basic structures such as roads, schools, and churches already exist.
A land capability and suitability survey by the Composite Land Classification Team to determine whether existing land use conforms to the criteria in Section 1.
They must have been in continuous possession of the area on or before May 19, 1975.
If the hilltop/crown is flat but the slopes are steep and rocky, steep hillsides must be planted to trees or appropriate vegetative cover. If slopes are gentle but hilltops are steep and pointed, peaks must be planted to trees or appropriate vegetative cover.
The Government’s right to administer and protect timber is maintained, but the grantee or heirs may be allowed to cut and utilize timber needed for personal use.
The land shall not be used for any purpose other than the existing use for which it was classified as alienable and disposable under Section 1.
It constitutes sufficient ground for cancellation of the title and reversion of the land to the mass of public forest.
When public interest so requires (as provided in Section 2).
No. Reclassification depends on meeting the specific criteria, completion of the required land capability/suitability survey, and the occupant’s continuous possession on or before May 19, 1975.
The Minister of Natural Resources is authorized to classify/reclassify lands if criteria are met; the Composite Land Classification Team conducts the required land capability and suitability survey first.
The final proviso in Section 1.