I 
THIRTEENTH CONGYSS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
I 
SENATE 
1 
S.B.NO. 1092 
Introduced by Senator Ma. Ana Consuelo A.S. Madrigal 
EXPLANATORY NOTE 
Environmental degradation continues to worsen through the years. Air, water and soil 
pollution are assessed to be serious in many parts of the country. Solid waste production 
is exceeding capacities for safe disposal. An estimated 30 percent of the urban population 
has no potable water supply while 20 percent of the rural population has no direct access. 
The country’s total forest cover today is estimated to be no more than 18 percent of the 
total land area. Mangrove resources has diminished dramatically. Watershed destruction 
and excessive water withdrawals are combining to increase water insecurity nationwide. 
Biodiversity loss is in such grave proportion that the country now ranks among the 
world’s major concerns in terms of threats to biodiversity. 
The dismal state of the country’s environment is best exemplified in the urban areas, 
where wanton disregard of the outdated land use policies and protection of tree persists. 
In the United States, so-called “Green Laws” have been enacted in many states and more 
are being written each year. Typically, urban environmental laws or “Green Laws” are 
intended to (1 .) establish urban tree management programs, (2.) establish new landscape 
plantings following construction, (3 .) preserve existing natural amenities including 
majestic historic trees, forest lands, wetlands or wique habitats. [D.G. Abbey, “Green 
Laws-Trees and Landscape Ordinance,” Louisiana State University] 
In Singapore, there are restrictions imposed on the felling or cutting of any tree having 
girth of more than one meter, under its so-called “Parks and Trees Act.” 
This bill intends to establish an urban tree management program and ensure that natural 
resources in the various cities and municipalities of the country are protected, preserved 
and cared for through proper design, protection, installation and maintenance. 
ONSUEL A.S. MADRIGAL 


\..- 
THIRTEENTH CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
SENATE 
1 
Senate Bill No. 1 0 9 2 
~~ 
Introduced by Senator Ma. Ana Consuelo A. S. Madrigal 
AN ACT 
PROVIDING FOR THE PRESERVATION AND PROTECTION OF TREES IN 
URBAN CITIES AND URBANIZED MUNICIPALITIES, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. TITLE. This Act shall be known as the “Urban Tree Act of 2004” 
SECTION 2. DECLARATION OF POLICY. - In conformity with the provision 
of the Constidtion to promote the general welfare and social justice in all phases of 
national development, to protect and advance the right of the Filipino people to a 
balanced and healthy ecosystem in accordance with the rhythm and harmony of nature, 
and to conserve and develop the patrimony of the nation, the State hereby adopts the 
following policies relative to the management of forests and their resources on a 
sustainable basis: 
SECTION 3. DEFINITION OF TERMS. - In this Act, the following is defined 
(a.) 
“Department” means the Department of Environment and Natural 
(b.) 
(c.) 
as follows: 
Resources 
“Felling” includes wilful1 destruction by any means. 
“Occupier” means any person in actual occupation of the land, and 
includes the owner of the land and any person in receipt of the rents or 
profits thereof, and agent or trustee of an occupier of the land. 
“Plant” includes shrubs, climbers, creepers, ferns, flowers and lawn- 
grasses. 
“Tree conservation area” means any land designated by the Department of 
Environment and Natural Resources as a tree conservation area. 
(d.) 
(e.) 
SECTION4. CREATION OF AN URBAN TREE MANAGEMENT OFFICE 
IN THE REGIONAL OFFICES OF THE DEPARTMENT. - There is hereby created an 
Urban Tree Management Office (UTMO) in the regional offices of the Department. The 
Secretary of the Department shall appoint a Director in the said office who shall be 
responsible for the development, planning and implementation of an Urban Tree 
Management Plan for the preservation and protection of trees in their respective urban 
cities/municipalities that are within their jurisdiction. 
SECTION 5. RESTRICTION ON FELLING OR CUTTING OF ANY TREE. - 
Subject to the provisions of this Act and the appropriate implementing rules and 
regulations therein, no person shall, without the written permission of the UTMO, fell or 
cut any tree with a girth exceeding one metre growing on any private or public land or 
such other land that the UTMO shall designate as a tree conservation area, unless the 
felling or cutting is for the prevention of imminent danger. Before the said office may 
release its written permission therein, the appropriate proceedings and environmental 
impact study shall be made to determine the merits of all applications on the cutting and 
felling of tree. 


SECTION 6. NOTICE TO PLANT OR REPLANT TREES. - For purposes of 
preserving or enhancing the amenity of any vacant land, or land on which a new street is 
to be made, or adjoining on or near to a public street, the UTMO may serve on the 
occupier of that land requiring him, within such a period as may be determined by the 
said office to: 
To plant or replant any tree and plant of such size and species and at such 
as may be so specified and to provide for their maintenance and 
protection; 
(b.) 
To clear the lands or cut the grass; 
(c.) 
To take such other measures as are reasonably necessary for such purpose. 
The occupier of the said land, on whom said notice has been served, may appeal 
to the UTMO in the manner to be prescribed therein for exemption, on the following 
grounds: 
The planting or replanting of trees and plants in accordance with the said 
notice is not required in the interest of the amenity and in the best interest 
of its inhabitants; and 
The place on which the trees and plants are required to be planted is 
unsuitable for the purpose. 
(a.) 
(a.) 
(b.) 
SECTION 7. TREES AND PLANTS UNDER SECTION 4 and 5, NOT TO BE 
DAMAGED OR REMOVED. - No person shall willfully damage, destroy or remove a 
tree or plant which has been planted under sections 4 and 5 of this Act, without the 
written permission of the UTMO 
SECTIONS. TREE CONSERVATION AREA. - The UTMO in direct 
consultation with the concerned local govepment and residents’ association, if any, shall 
have authority to designate places within their respective jurisdiction as “tree 
conservation areas,” subject to such guidelines as may be developed therein. 
 SECTION^. APPLICATION FOR WRITTEN PERMISSION TO FELL OR 
CUT TREES. - Any application for written permission to fell or cut any tree in any 
private or public land shall be made to the UTMO in the prescribed manner by such 
person having such estate or interest in the land on which a tree is growing. 
The UTMO may, if it appears to him to be in the best interest of the other 
residents of the area, refuse to grant permission to fell .or cut the trees, subject to such 
conditions as he thinks fit. 
Any person who is aggrieved by a decision of the UTMO may within fifteen (1 5) 
days from receipt of notice of decision, appeal to the Secretary of the Department, in such 
manner to be prescribed therein in the implementing rules and regulations. 
SECTION 10. PENALTIES. - Violation of any provision of this Act shall be 
punishable with a fine of not less than One Hundred Thousqd Pesos (Php 100,000.00) 
but not more than One Hundred Fifty Thousand Pesos (Php 150,000.00) or imprisonment 
of not less than six months but not more than one year or both at the discretion of the 
court. 
SECTION 11. IMPLEMENTING RULES AND REGULATIONS. - The 
Department shall within sixty (60) days from approval of this Act issue the appropriate 
implementing rules and regulations to implement the provisions of the same, in direct and 
open consultation with the concerned local governments, other agencies of government 
and other private individuals. 
SECTION 12. REPEALING CLAUSE. - All laws, decrees, executive orders, 
rules and regulations or parts thereof not consistent with the provisions of this Act are 
hereby repealed or modified accordingly. 
SECTION 13. EFFECTIVITY CLAUSE. - This Act shall take effect fifteen (15) 
days after its publication in two (2) newspapers of general circulation. 
Approved,