Title
Land Use Limit Along Highways PD 399
Law
Presidential Decree No. 399
Decision Date
Feb 28, 1974
Presidential Decree No. 399 limits the use of a one-thousand-meter strip of land along public highways in the Philippines to prioritize human settlement, land reform, tourism development, and other vital projects, with private landowners requiring approval for any development within the strip.

Legal basis and related governmental acts

  • Presidential Decree No. 399 is issued by the President by virtue of powers vested by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines.
  • Presidential Decree No. 399 is issued pursuant to Proclamation No. 1081 dated September 21, 1972.
  • Presidential Decree No. 399 is issued pursuant to General Order No. 1 dated September 22, 1972, as amended.

Policy and purpose of the decree

  • Presidential Decree No. 399 declares it imperative to limit the use of all lands of the public domain within a strip of one thousand (1,000) meters along existing, proposed, or ongoing public highways or roads.
  • Presidential Decree No. 399 requires this limitation so that the government can formulate a comprehensive and integrated land use and development plan for the affected lands.
  • Presidential Decree No. 399 aims to prioritize these lands for human settlement sites, land reform, relocation of squatters from congested urban areas, tourism development, agro-industrial estates, environmental protection and improvement, and infrastructure and other vital projects.

Geographic coverage and land categories

  • Presidential Decree No. 399 applies to all lands of the public domain located within a strip of one thousand (1,000) meters along any existing, proposed or on-going public highway or road.
  • Presidential Decree No. 399 applies outside existing towns, cities and settlements for purposes of withdrawing public-domain lands from settlement or sale.
  • Presidential Decree No. 399 also applies to lands owned by private persons within the same one thousand (1,000) meter strip along existing, proposed or on-going public highways or roads.
  • Presidential Decree No. 399 establishes special controls specific to those land categories: public-domain lands and private lands within the strip.

Withdrawal and prioritized availability rules

  • Section 1 provides that, notwithstanding any provision of law, decree, or order to the contrary, all lands of the public domain within the one thousand (1,000) meters strip along the covered highways or roads outside existing towns cities and settlements are withdrawn from settlement or sale.
  • Section 1 provides that the withdrawal remains until an appropriate government agency makes a competent study and formulates a comprehensive and integrated land use and development plan for such lands.
  • Section 2 provides that the lands of the public domain within the strip shall first be available for: human settlement sites; land reform; relocation of squatters from congested urban areas; tourism development; agro-industrial estates; environmental protection and improvement; infrastructure; and other vital projects.
  • Section 2 states that these uses are in support of the Government’s socioeconomic development program.

Restrictions on private land development

  • Section 3 provides that all lands owned by private persons within the one thousand (1,000) meter strip along the covered highways or roads shall first be available for the same priority purposes listed for public-domain lands.
  • Section 3 prohibits private owners from developing or otherwise introducing improvements on their lands within the strip without previous approval from the proper government agency.
  • Section 3 identifies the approving authority for this purpose as the Chairman of the Human Settlements and Planning Commission.
  • Section 3 provides that private land development and improvements are controlled through the prior approval requirement by the proper government agency, headed by the Chairman of the Human Settlements and Planning Commission.

Implementing authority and regulations

  • Section 4 directs the Chairman of the Human Settlements and Planning Commission to promulgate rules and regulations to implement Presidential Decree No. 399.

Effectivity and transmittal

  • Section 5 provides that Presidential Decree No. 399 takes effect immediately.
  • The decree is signed by FERDINAND E. MARCOS, President and countersigned by ALEJANDRO MELCHOR, Executive Secretary.

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