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    Residents in Forest Lands - Henceforth, No Person Shall Enter Into Forest Lands and Cultivate The

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    glai
    Illegal settlers constructed buildings in a forest reserve without permits. Some claim ownership of the land. The mayor issued notices to the settlers informing them of the illegality of the structures and directing them to apply for permits, but none have complied. The document discusses legal remedies available to the municipality to remove the structures from the forest reserve, and whether the building official can issue demolition orders for structures without permits. It also notes that allowing informal settlers in no-building zones violates environmental law and land ownership rights.

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    Residents in Forest Lands - Henceforth, No Person Shall Enter Into Forest Lands and Cultivate The

    Uploaded by

    glai
    23 views3 pages
    Illegal settlers constructed buildings in a forest reserve without permits. Some claim ownership of the land. The mayor issued notices to the settlers informing them of the illegality of the structures and directing them to apply for permits, but none have complied. The document discusses legal remedies available to the municipality to remove the structures from the forest reserve, and whether the building official can issue demolition orders for structures without permits. It also notes that allowing informal settlers in no-building zones violates environmental law and land ownership rights.

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    Illegal settlers constructed buildings in a forest reserve without permits. Some claim ownership of the land. The mayor issued notices to the settlers informing them of the illegality of the structures and directing them to apply for permits, but none have complied. The document discusses legal remedies available to the municipality to remove the structures from the forest reserve, and whether the building official can issue demolition orders for structures without permits. It also notes that allowing informal settlers in no-building zones violates environmental law and land ownership rights.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    23 views3 pages

    Residents in Forest Lands - Henceforth, No Person Shall Enter Into Forest Lands and Cultivate The

    Uploaded by

    glai
    Illegal settlers constructed buildings in a forest reserve without permits. Some claim ownership of the land. The mayor issued notices to the settlers informing them of the illegality of the structures and directing them to apply for permits, but none have complied. The document discusses legal remedies available to the municipality to remove the structures from the forest reserve, and whether the building official can issue demolition orders for structures without permits. It also notes that allowing informal settlers in no-building zones violates environmental law and land ownership rights.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Illegal settlers entered forest and constructed buildings without building permits.

    Some of the settlers


    have claims of ownership over the parcel where their structure was erected. Some structures were
    constructed of permanent material. Office of the mayor has already issued 3 successive notices to each
    structure owner informing them of the illegal nature of their structures with directive to apply for
    permits. None has complied. Opinion on the ff.

    1. In as much as the notice of the building official has a directive to apply a building permit, may
    these structures be given legal status if it is compliant with building restriction codes particularly
    for those with claims of ownership?
    2. What would be the legal remedies available to the municipality in order to remove these
    structures from the forest reserve?
    3. May the building official issue demolition orders for these structures for having no building
    permit as per the building code of the Philippines?
    4. May the office of the mayor issue a demolition order for these structures if there is no
    ordinance granting the mayor the authority to do so?

     Allowing or tolerating informal settlers to build along “no building zones” is a violation of the
    people’s right to a balance and healthful ecology enshrined in the constitution. Likewise, illegal
    occupancy of a private or government lot is a gross violation of the tenets of land ownership,
    privacy and development.

    Judicial affidavit of a witness supporting the complaint!

    1. NO refer to the building law


    2. Section 52. Census of kaingineros, squatters, cultural minorities and other occupants and
    residents in forest lands.Henceforth, no person shall enter into forest lands and cultivate the
    same without lease or permit.
    3. A complete census of kaingineros, squatters, cultural minorities and other occupants and
    residents in forest lands with or without authority or permits from the government, showing
    the extent of their respective occupation and resulting damage, or impairment of forest
    resources, shall be conducted.
    4. The Bureau may call upon other agencies of the government and holders of license
    agreement, license, lease and permits over forest lands to participate in the census.
    5. Section 53. Criminal Prosecution. Kaingineros, squatters, cultural minorities and other
    occupants who entered into forest lands before the effectivity of this Code, without permits or
    authority, shall not be prosecuted: Provided, That they do not increase their clearings:
    Provided, further, That they undertake, within two (2) months from the notice thereof, the
    activities which will be imposed upon them by the Bureau in accordance with a management
    plan calculated to conserve and protect forest resources.
    6. E. SPECIAL USES

    2. obtain court order for eviction or demolition


    In Section 28 eviction and demolition, as a practice, shall be discouraged but will be allowed under specific
    situations: when persaons or entities occupy danger areas and other public places; when government
    infrastructure projects are about to be implemented; or when there is a court order for eviction and demolition.
    The conduct of eviction or demolition orders shall be covered by specific procedures.

    Kaingineros, squatters, cultural minorities and other


    occupants who entered into forest lands and grazing lands
    before May 19, 1975, without permit or authority, shall not be
    prosecuted: Provided, That they do not increase their
    clearings: Provided, further, That they undertake, within two
    (2) months from notice thereof, the activities to be imposed
    upon them by the Bureau in accordance with management plan
    calculated to conserve and protect forest resources in the
    area: Provided, finally, That kaingineros, squatters, cultural
    minorities and other occupants shall whenever the best land
    use of the area so demands as determined by the Director, be
    ejected and relocated to the nearest accessible government
    resettlement area.(sec 53.

    registration by the respondents, belong to the communal forest of La


    Trinidad, Benguet, and are therefore inalienable land of the public
    domain, which have not been classified and considered as disposable
    and alienable.

    Early December last year, the DENR-CAR filed a case against land claimants within the
    Puguis communal forest for disregard and violation of existing laws by building
    permanent and temporary structures and illegally cutting trees in the area.

    Control of Concession Area. — In order to achieve the effective protection of


    the forest lands and the resources thereof from illegal entry, unlawful occupation, kaingin,
    fire,
    insect infestation, theft, and other forms of forest destruction, the utilization of timber therein
    shall not be allowed except through license agreements under which the holders thereof
    shall
    have the exclusive privilege to cut all the allowable harvestable timber in their respective
    concessions, and the additional right of occupation, possession, and control over the same,
    to
    the exclusive of all others, except the government, but with the corresponding obligation to
    adopt all the protection and conservation measures to ensure the continuity of the
    productive
    condition of said areas, conformably with multiple use and sustained yield management.

    Occupants shall undertake measures to prevent and protect forest resources.


    Any occupancy in forest land which will result in sedimentation, erosion, reduction in water
    yield and impairment of other resources to the detriment of community and public interest
    shall
    not be allowed.
    In areas above 50% in slope, occupation shall be conditioned upon the planting of desirable
    trees thereon and/or adoption of other conservation measures.

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