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Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
First Regular Session

972
HOUSE BILLNO.__*13

Introduced by HON. EUFRANIO C. ERIGUEL, M.D.

EXPLANATORY NOTE

This Bill, which was previously filed in the 15" Congress and approved by the
House of Representatives on third reading, seeks to fix the specific limits of forest lands
and alienable and disposable lands within five kilometers from either side of the Aspiras
Highway (formerly known as Marcos Highway) from Agoo, La Union to Baguio City
repealing for the purpose Proclamation No. 1754.

Pursuant to Presidential Proclamation No. 1754 dated June 22, 1978, the area
covering 30,811.81 hectares was reserved for forest and watershed purposes of which
some 25,762.81 hectares were previously declared alienable and disposable land (A & D)
and 5,049 hectares timberland per Land Classification No. 1392 approved on August 1,
1940. The said land area is under the jurisdiction of the Municipalities of Agoo, Tubao,
Rosario, Pugo, Sto. Tomas and Aringay.

Sound land use promotes sustainable economic growth, equity and poverty
alleviation. Under the 1976 United Nations Conference on Human Settlements, it
considers land as the principal instrument in fostering “social justice, development,
provision of decent dwellings, and health conditions, and therefore should be used in the
interest of the society as a whole.”: However, where there are conflicting land uses and
practices, inappropriate land classification and confusion due to inconsistent laws and’
policies as well as continued negative environmental impact on land of human activities,

the existing law needs to be revisited.


In this case, prior to Proclamation No. 1754, several portions affected by the same
have already been issued land titles recognized under the law. As such, its continued use
is primarily as residential and agricultural. The residents affected continue to depend on
the land as their main source of livelihood. The law therefore failed to consider and
balance the different but related concems of the stakeholders such as food security,
human settlements, environmental protection, indigenous communities, and other
economic and commercial pursuits.

In view of the foregoing, the passage of this Bill is earnestly urged.
De

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(NY” C. ERIGUEL, M.D.

District, La Union

EUFRANIO

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Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSEBILLNO.___21.3

Introduced by HON. EUFRANIO C. ERIGUEL, M.D.

AN ACT
FIXING THE LIMITS OF FOREST LANDS WITHIN FIVE (5) KILOMETERS.
FROM EITHER SIDE OF THE ASPIRAS HIGHWAY (FORMERLY KNOWN AS
MARCOS HIGHWAY) FROM AGOO, LA UNION TO BAGUIO CITY,
REPEALING FOR THE PURPOSE PROCLAMATION NO. 1754

Be it enacted by the Senate and the House of Representatives of the Philippines in

Congress assembled:

SECTION 1. Title. - This Act shall be known as the “Aspiras Highway Land
Limits Act of 2013.”

SEC. 2. Declaration of Policy. - It is the policy of the State to conserve, protect
and develop the forest resources of the country in order to attain ecological balance,
preserve valuable ecosystems, prevent environmental degradation and promote
sustainable development for the present and succeeding generations. To achieve these
ends, Section 4 of Article XII of the 1987 Philippine Constitution mandates Congress to
determine by law the specific limits of forestlands and national parks, marking clearly
their boundaries onthe ground.

SEC. 3. Permanent Forestlands. - The permanent forestlands shall be as follows:/—


a) All lands of the public domain already classified as forestland per existing land
classification maps issued by the Department of Environment and Natural
Resources (DENR);

b) All permanent forest reserves proclaimed as such by the President or declared by
Congress through law; and

¢) Such areas within the unclassified lands of the public domain which may hereafter
be classified as forestland by the DENR, pursuant to this Act.

SEC. 4. Ground Delineation of the Specific Forest Limits, — Immediately upon
the effectivity of this Act, the DENR shall undertake the actual ground survey and
verification of the specific forest limits using as basis all existing land classification (LC)
maps, the latest forest cover data of the National Mapping and Resources Information
Authority (NAMRIA) from its satellite imagery interpretations, and other available and
reliable sources of information: Provided, That the area originally classified as timberland
per LC Map No. 1392 shall be retained and shall be subject to a joint validation and
redefinition of boundary by DENR: Provided further, That existing build-up and
populated areas within Proclamation No. 1754 and the areas identified as agricultural
lands shall be subject to assessment and ground survey by the DENR in accordance with
existing laws, rules and regulation.

All areas adjacent to the Aspiras Highway which are susceptible to erosion as
determined by DENR and concerned LGUs shall be excluded from areas to be
reclassified as agricultural land.

SEC. 5. Permanent Forest Line. — The permanent forest line shall be established
and clearly marked on the ground by concrete monuments at certain fixed distances,
visible cut lines, signboards and uniformly-spaced distinctive trees maintained at all times
between the conerete monuments.

SEC. 6. Determination of the Specific Forest Limits. — The permanent
forestlands established pursuant to this Act shall not be diminished or reduced except by
an act of Congress. The DENR, in coordination with all agencies and branches of the
government, shall see to it that the forest cover and vegetation therein shall be protected,

preserved and enhanced. .


After due consultation with the local government units (LGUs), communities and
other stakeholders, the DENR shall undertake the subclassification of the permanent
forestlands.

SEC. 7. Status of National Parks, Mineral Lands and Other Public
Reservations. — The land classification of proclaimed national parks, protected areas and
mineral lands and the status of civil reservations, military reservations and other
reservations for public and quasi-public uses within the affected area shall be respected
and shall not be adversely affected by this Act.

SEC. 8. Appropriations. — The Secretary of the DENR shall immediately include
in the Department’s program the implementation of this Act, the funding of which shall
be included in the annual General Appropriations Act.

SEC. 9. Implementing Rules and Regulations. — Within three (3) months from
the effectivity of this Act, the DENR, in consultation with the Provincial Government of
La Union, City Government of Baguio, and affected municipalities, shall issue the
corresponding implementing rules and regulations for the effective implementation of this
Act.

SEC. 10. Separability Clause. - If any portion of this Act is declared
unconstitutional, the same shall not affect the validity and effectivity of the other
provisions not affected thereby.

SEC. 11. Repealing Clause. ~ Proclamation No. 1754 entitled “Reserving a Strip
of Land Along Marcos Highway from Agoo, La Union to Baguio City for Watershed and
Forest Reserve Purposes” is hereby repealed. All laws, decrees, letters of instruction,
executive orders, rules and regulations and other issuances or parts thereof inconsistent
with this Act are hereby repealed or modified accordingly.

SEC. 12. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general ¢irculation.

Approved,