Peculiarity of Cebu and Benguet Topography
- Provinces Cebu and Benguet have many lands with slopes of eighteen percent or over.
- These lands have been cultivated for agriculture or developed as townsites.
- Residents with improvements have difficulty acquiring legal ownership.
Purpose and Justification for Reclassification
- The decree seeks to provide a solution by allowing reclassification of certain sloped lands as alienable and disposable.
- This reclassification is conditional to not endanger reforestation and conservation programs.
Criteria for Reclassification of Lands
- Applicable to lands in Cebu and Benguet with slopes of eighteen percent or over.
- Reclassification possible if the land is either:
- Developed for agricultural crops with effective erosion control practices (e.g., terracing), or
- Established and developed as townsite with basic community structures (roads, schools, churches).
- A land capability and suitability survey must be conducted by the Composite Land Classification Team to ensure conformity.
- Claimants must prove continuous possession since on or before May 19, 1975.
Conditions to Appear in Titles Issued
- The land’s existing condition at classification must be maintained and environmentally improved permanently.
- Steep and rocky slopes at hilltops must be planted with trees or appropriate vegetative cover.
- Peaks with steep and pointed hillsides must similarly be vegetated.
- Government retains the right to administer and protect timber rights except allowing grantees or heirs to use timber for personal use.
- Land use must conform to current uses; any change needs Minister of Natural Resources’ approval.
- Unauthorized change of land use may lead to title cancellation and reversion to public forest.
Government Authority to Enforce Public Interest Measures
- When public interest demands, government may:
- Expropriate or cancel titles
- Reject public land applications
- Eject occupants from such lands
Formal Enactment
- Signed by President Ferdinand E. Marcos on November 9, 1985, in Metro Manila.
- Enforced under presidential authority and based on the recommendation of the Minister of Natural Resources.