Title
Land Reclassification in Cebu and Benguet
Law
Presidential Decree No. 1998
Decision Date
Nov 9, 1985
Presidential Decree No. 1998 allows for the classification and/or reclassification of lands with a slope of 18% or more in Cebu and Benguet as alienable and disposable lands, providing criteria for classification and additional conditions for land titles, and allowing for expropriation and ejection when necessary for public interest.
A

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.

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