D
RECEIVED 2

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NOL 15

Introduced by REPRESENTATIVE MARCELINO C. LIBANAN

AN
ACT RECLASSIFYING AND CONVERTING CERTAIN PARCELS OF
TIMBERLANDS IN THE PROVINCE OF EASTERN SAMAR INTO ALIENABLE
AND DISPOSABLE PUBLIC LANDS

EXPLANATORY NOTE

The 1987 Constitution mandates Congress to delineate forest lands and national parks and to
allocate alienable and disposable lands of the public domain to qualified applicants, in pursuit
of the nation’s economic development and social justice goals.

However, in the Province of Eastern Samar, this Constitutional mandate has regrettably been
overlooked or deferred—often due to competing priorities and limited government resources.
As a result, vast tracts of land in the province remain unclassified, underutilized, and
unavailable for productive use.

In light of this, and following due deliberation, certain parcels of land in Eastern Samar have
been identified for potential reclassification—from timberland to alienable and disposable
land. This reclassification is a crucial step toward enabling responsible individuals and
entities to legally acquire and develop these lands for agriculture, habitation, and other
productive purposes that serve both local communities and the national interest.

Given the economic and developmental significance of this measure, the immediate passage
of this bill is earnestly and strongly recommended.

MARCELINO C. FIBANAN
Representative
4Ps Partylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILLNOJI5

Introduced by REPRESENTATIVE MARCELINO “NONOY” C. LIBANAN

AN
ACT RECLASSIFYING AND CONVERTING CERTAIN PARCELS OF
TIMBERLANDS IN THE PROVINCE OF EASTERN SAMAR INTO ALIENABLE
AND DISPOSABLE PUBLIC LANDS

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 “Land Classification Act of Eastern
Samar”.

SECTION 2. Declaration of Policy. - Considering that natural resources are the main basis
for national survival and land is the single biggest major resource of the nation, the framers of
the 1987 Constitution deemed it important to include an Article on the National Economy and
Patrimony in the 1987 Constitution. The natural resources in the National Territory consisting
of land, sea, and air are the National Patrimony. The wealth of the Philippines in the lands
and national public domain, agricultural, forest or timber, mineral lands, and national parks
should be developed and utilized to sustain a National Economy that will assure people of
peace and prosperity in the enjoyment of the blessings of democracy. Section 1, Article XII of
the 1987 Constitution states that some general constitutional economic policies. There
directives may be gleaned from this provision. First, it sets the dual goal of dynamic
productivity and a more equitable distribution of what is produced. Second, it seeks
complementarity between industrialization and agricultural development. Third, it is
protective of Filipino enterprises and natural resources, ensuring that their development
primarily benefits the Filipino people. Specifically, the goals of the national economy are
three-fold: more equitable, distribution of opportunities, income and wealth is part of the
promotion of Social Justice in Article XIII, which mandates Congress to give the highest
priority to the enactment of measures that protect and enhance the right of all the people to
human dignity, reduce social, economic, and political inequities by equitably diffusing wealth
and political power for the common good. Equitable distribution refers not only to the
distribution among people and sectors of the economy but also to the distribution among
geographic regions. This goal is constitutionally enunciated in the provisions relating to the
State undertaking an agrarian reform program by law, the restriction that only public
agricultural land may be disposed of.


Agricultural lands of the public domain may be further classified by law according to the vses
which they may be devoted. Taking into account the requirements of conservation, ecology,
and development, and subject to the requirements of agrarian reform, the Congress shall
determine, by law, the size of lands of the public domain which may be acquired, developed,
held, or leased and the conditions therefor.

Article XII, Section 4 of the 1987 Constitution of the Philippines provides that Congress. shall
set specific limits of forest and national parks for conservation.

Forest lands are defined primarily by the 18% slope rule. Presidential Decree No. 705 as
amended, prohibits the classification of lands of the public domain eighteen percent (18%) in
slope or over as alienable and disposable. Yet there have been already instances when there
have been exceptions declared and it is likely that there are more such areas. Land with 18%
slope or more were still to be declared alienable and disposable if they are met ant or all of
the following criteria: (1) developed area planned to agricultural crops using effective erosion
control policies or measures like terracing; and/or (2) established and developed townsite
within barangays or communities where basic structures, e.g. roads, schools, churches are
already existing.

SECTION 3. The Permanent Forest Land in Eastern Samar. — The forestlands within the
Province of Eastern Samar as previously classified and defined on certified land classification
maps finally exclude areas identified for alienation and disposition per DAO — 2008-24 of the
Department of Environment and Natural Resources (DENR) as defined in Section 5.

SECTION 4. Definition of Terms. — The following terms as used in these Act shall be
defined as follows:

a) Agricultural lands — refer to alienable and disposable lands of public domain which
have been the subject of the land classification system and declared as not needed for
forest purposes.

b) Forest lands — includes the public forest, the permanent forest, and forest reservations.

) Land Classification Map — a map showing the classification of lands of the public
domain based on the land classification system undertaken by the then Department of
‘Agriculture and Natural Resources, through the Bureau of Forestry, the Ministry of
Natural Resources, the Bureau of Forest Development and the Department of
Environment and Natural Resources.

d) Protected Area — shall refer to identified portions of land and water set aside by reason

of their unique physical and biological significance, managed to enhance biodiversity

and protected against destructive human exploitation;

Public forests — shall refer to the mass of lads of the public domain which has not

been the subject of the present system of classification for the determination of which

ands are needed for forest purposes and which are not.

) Watershed — shall refer to a land area drained by a stream or fixed body of water and
its tributaries having outlet for surface run-off.

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SECTION 5. Alienation and Disposition of the Agricultural Land. The DENR shall
alienate the agricultural land described in Section 5 hereof. For purposes of this Act, a free
patent shall be issued to the land claimant and/or applicant for agriculture or residential
purpose who has continuously cultivated and/or occupied either by himself or herself or


through his or her predecessors-in-interest or who shall have paid the real estate tax thereon
while the same has not been occupied by any other person for at least ten (10) years prior to
the approval of this Act, not to exceed twelve (12) hectares per applicant: Provided, That
prior to the distribution of the lands to private individuals, the DENR shall reserve lands or
loss to the concerned municipalities, the provincial government of Eastern Samar and other
agencies of the national goverment for essential public purposes and/or services such as
school buildings, roads, public plazas, health centers and similar offices and purposes:
Provided, further, That any title that may be issued over lands for public purpose shall be in
the name of the Republic of the Philippines, Provided, finally, that stretch of land, twenty (20)
meters width, from both banks of the rivers, creeks, and natural depression that serve as
waterways shall be preserved as permanent forestland and shall be planted with indigenous
tree species, to be maintained at all times by the DENR and the local government units of the
Province of Eastern Samar. The provisions of Commonwealth Act of No. 141, otherwise
known as the Public Land Act, as amended, not inconsistent herewith, shall be applicable.

SECTION 6. Preservation of Ecological Balance. — The final use of the herein declared
agricultural lands shall not in any way prejudice ecological balance, and the removal of
timber and other forest products therein shall continue to be subject to forestry laws and
regulations.

SECTION 7. Non-Diminution of the Final Forestlands. The demarcated final forestlands in
the Province of Eastern Samar, pursuant to this Act, shall not be diminished nor reduced
except by competent authority. The DENR and concerned local government units shall see to
it that the vegetation therein shall be protected, preserved, and enhanced. To this end, no
additional forest occupant shall be allowed entry thereto nor any type of additional human
settlement permitted therein. Infrastructure projects shall not be constructed within the
forestlands unless allowed by the Secretary after conducting an environmental impact
assessment of the proposed project.

SECTION 8. Issuance of Maps and Establishment of Boundaries on the Ground. -- Within
six (6) months following the effectivity of this Act, the DENR shall issue the final land
classification maps covering the Province of Eastem Samar and shall also establish the
boundary on the ground between the permanent forest lands and agricultural lands with
conerete minor monuments at corners, major monuments every one (1) kilometer, and visible
cut lines, signboards and uniformly-spared distinctive trees between the concrete monuments
which shall be maintained at all times.

SECTION 9. Implementing Rules and Regulations. — Within six (6) months following the
approval of this Act, the Secretary of the DENR shall issue the implementing orders, rules,
regulations, and circulars necessary to effectively implement the provisions hereof.

SECTION 10. Separability Clause. -If any provision of this Act or the application of such
provision to any person or circumstance is declared unconstitutional, the remainder of this
‘Act or the application of such provision to other persons or circumstances shall not be
affected by such declaration.

SECTION 11. Repealing Clause. — All laws, decrees, letters of instruction, executive orders,
rules and regulations and other issuances or parts thereof in conflict or inconsistent with any
provision of this Act.


SECTION 12. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,