Law Summary
Requirement for Open Spaces in New Subdivisions
- Owners of lands subdivided into residential, commercial, or industrial lots after the decree's effectivity must reserve and maintain at least thirty percent (30%) of the subdivision area, excluding roads and alleys, as open space for parks and recreational areas.
- No subdivision plan shall be approved by the Land Registration Commission or any government agency without this reserved open space.
- Owners must develop these open spaces within three years according to approved plans by the Bureau of Forest Development.
Penalties for Unauthorized Cutting, Destruction, Damage, or Injury to Certain Vegetation
- Any unauthorized cutting, destruction, damage, or injury to naturally growing or planted trees, flowering or ornamental plants, shrubs, or plants with scenic, aesthetic, or ecological value in specified public places or along rivers and creeks is punishable by:
- Imprisonment of six months to two years,
- A fine ranging from five hundred to five thousand pesos, or
- Both imprisonment and fine at the court's discretion.
- Exceptions exist for necessary cutting for public safety or pruning to enhance beauty with prior approval from appropriate authorities.
- Penalties for corporations or associations apply to responsible officers; alien officers may face deportation.
- The decree does not preclude cancellation of government licenses or permits for such offenses.
Penalties for Non-Compliance with Tree Planting Requirements
- Violations of tree planting mandates under Section 1 or related regulations result in:
- Imprisonment from six months to two years,
- A fine of five hundred to five thousand pesos, or
- Both penalties at the court's discretion.
- Public officers or employees committing violations face additional penalties of dismissal and perpetual disqualification from public office.
Penalties for Failure to Reserve and Maintain Open Spaces
- Violations of the open space reservation and development requirements under Section 2 incur:
- Imprisonment from two to five years,
- A fine equal to the current value of thirty percent of the subdivision area, or
- Both penalties at the court's discretion.
Rulemaking Authority
- The Director of Forest Development is empowered to issue necessary rules and regulations to implement the decree's provisions.
Repeal of Inconsistent Laws and Effectivity
- All laws, rules, or regulations inconsistent with this decree are repealed.
- The decree took effect immediately upon its promulgation on July 6, 1976.