Title
Road Rights-of-Way and Forest Reserve Protection
Law
Executive Order No. 309
Decision Date
Nov 22, 1940
Executive Order No. 309 mandates the protection of forest reserves by prohibiting unauthorized entry and damage to timber in designated road and street rights-of-way, reinforcing penalties for violations while maintaining the jurisdiction of the Director of Public Works.
A

Classification of Rights-of-Way Through Forested Areas

  • Rights-of-way passing through naturally forested areas are officially classified as forest reserves.
  • This classification imposes strict protection on these areas to preserve the timber stand and forest growth.

Prohibition on Unauthorized Entry and Activities

  • It is unlawful for any person to willfully enter or occupy any portion of these forest reserves designated as rights-of-way.
  • The law prohibits kaingin (slash-and-burn farming) or any acts that would destroy or damage the forested areas within these rights-of-way.

Penalties for Violation

  • Violators of these provisions are subject to penalties as provided under Section 2751(b) of the Administrative Code, as amended by Commonwealth Act No. 447.
  • The penalties cover any unlawful entry, occupation, destruction, or damage to timber stands or forest growth within these designated rights-of-way.

Preservation of Jurisdiction

  • This Executive Order clarifies that nothing within its provisions modifies or alters the jurisdiction of the Director of Public Works over national and provincial roads.
  • The Director of Public Works retains full authority over matters pertaining to these roads despite the added forest reserve classification.

Legal and Administrative Context

  • The Order was enacted to further reinforce the protection of forested corridors along road rights-of-way.
  • It integrates forestry conservation principles within the domain of public infrastructure management.
  • The Executive Order reflects a balance between environmental protection and infrastructure governance during the Commonwealth period.

Formal Adoption and Authority

  • Signed by President Manuel L. Quezon on November 22, 1940, in Manila.
  • The Order carries the full force of law under the Commonwealth government framework and is executed through the Office of the President and the Secretary to the President.

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