Legal basis and covered provisions
- Act No. 3388 is enacted by the Senate and House of Representatives in Legislature assembled by authority of the same.
- Section 1 amends Section 1839 of Act No. 2711.
- Section 2 amends Section 1841 of Act No. 2711.
Purpose: communal forests and pastures
- Section 1839 establishes a mechanism to set aside public land as communal forests or communal pastures for the use of inhabitants of a municipality or municipal district.
- Section 1841 directs administration to ensure continued supply of forest products for home use and sufficient pasture for animals.
- Section 1841 allows exploitation for revenue only when cutting beyond local needs is required by the best interest of the forest.
Establishment and boundaries (Section 1839)
- The Director of Forestry, with the approval of the Department Head, may set aside one or more tracts of public land as a communal forest or communal pasture.
- The tract set aside must be more suitable for forest uses than for agriculture.
- The assignment must be preferably made from land in the province of the community to be served.
- If no conveniently situated provincial land exists, a communal forest or communal pasture may be assigned for use in a neighboring province.
- If public interests require, the Director of Forestry may, with the same approval, change the location or boundaries of a communal forest or communal pasture, or dis-establish it altogether.
- Once established for communal use, a communal forest or communal pasture shall not be entered, sold or leased.
Administration and permitted exploitation (Section 1841)
- Communal forests and communal pastures are administered by the Director of Forestry, subject to the approval of the Department Head.
- Administration must be done to insure the people with rights therein a continued supply of forest products necessary for their home use and sufficient pasture for their animals.
- The Director of Forestry may prescribe, subject to the approval of the Department Head, the species and sizes of trees that may be cut.
- The Director of Forestry may prescribe, subject to the approval of the Department Head, the manner of removal of trees or other forest products, and the conditions under which pastures may be occupied.
- Exploitation of a communal forest for revenue is allowed only under a special license issued by the Director of Forestry.
- Revenue exploitation for cutting in excess of local needs is allowed only when the best interest of the forest requires such cutting.