Executive Order No. 1052, s. 1985

Signed on August 26, 1985

MALACAÑANG
MANILA

BY THE PRESIDENT OF THE PHILIPPINES

EXECUTIVE ORDER NO. 1052

AUTHORIZING ABUTTING LANDOWNER TO PLANT FRUIT-BEARING TREES ON RIGHT-OF-WAY ALONG NATIONAL, PROVINCIAL AND MUNICIPAL/CITY ROADS INTEGRATED INTO THE NATIONAL AND “NATIONAL-AID” ROAD SYSTEMS.

WHEREAS, Presidential Decree No. 953, dated July 6, 1976, requiring the planting of trees in certain places and penalizing unauthorized cutting, destruction, damaging and injuring of certain trees, plants and vegetation, specifically requires every owner of an existing subdivision to plant trees in open spaces required to be reserved for the common use and enjoyment of the owners of the lots therein, as well as along all roads and service streets, pursuant to Section 1(2) thereof;

WHEREAS, Presidential Decree No. 1153, dated June 6, 1977, requiring the planting of the tree every month for five consecutive years by every citizen of the Philippines, specifically requires that the trees to be planted shall be fruit-bearing, shade ornamental or forest trees pursuant to Section 4 thereof;

WHEREAS, the foregoing Presidential Decrees are intended to achieve a holistic ecosystem approach to the development of our natural resources;

WHEREAS, the foregoing holistic ecosystem should be extended to the administration and maintenance of our national and “national-aid” road systems;

WHEREAS, Commonwealth Act No. 548, dated May 26, 1940, regulating and controlling the use of any traffic on national roads, as well as constructions along the same, and prescribing penalties for the violation thereof, specifically declares that it shall be unlawful for any person to convert any part of any national road to his private use or in any manner to obstruct or damage the same or any bridge, culvert, drainage ditch, road sign, or other appurtenance pertaining thereto pursuant to Section 2 thereof;

WHEREAS, Presidential Decree No. 17, dated October 5, 1972, as amended by Presidential Decrees Nos. 130, 320, 701 and 1108, dated February 15 and October 23, 1973, May 16, 1975, and March 22, 1977, respectively, otherwise known as the Revised Philippine Highway Act, specifically defines the term “highway” as including pavements, shoulders, enbankments, right-of-way, bridges, ferries, drainage structures, signs, guard rails, and related protective structures and the term “right-of-way” as the land secured and reserved to the public for highway purpose under Section 3 (a and b) thereof and specifically declares that it shall be unlawful for any person to usurp any portion of a right-of-way, to convert any part of any public highway, bridge, wharf or trail to his own private use or to obstruct the same in any manner, or to use any highway beach for irrigation or other private purposes pursuant to Section 23 thereof; and

WHEREAS, fruit-bearing trees may be planted on right-of-way along national provincial and municipal/city roads integrated into the national and “national-aid” road system, provided that these trees do not impair safe transit upon and pose obstructions on such roads pursuant to Sections 1 and 2 of Commonwealth Act No. 548, dated May 26, 1940, and Section 23 of Presidential Decree No. 17, dated October 5, 1972.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the laws, do hereby order:

SECTION 1. All owners of lands abutting national provincial and municipal/city roads integrated into the national and “national-aid” road systems are hereby authorized to plant fruit-bearing trees on right-of-way along such roads, provided that these trees do not impair safe transit upon and pose obstructions on such roads as determined by the rules and regulations promulgated by the Minister of Public Works and Highways pursuant to Sections 1 and 2 of Commonwealth Act No. 548, dated May 26, 1940, and Section 23 of Presidential Decree No. 17, dated October 5, 1972.

SEC. 2. The abutting landowner shall consult the Bureau of Forest Development as to the appropriate species of fruit-bearing trees to be planted and the manner of planting them.

SEC. 3. The abutting landowner shall be the owner of the fruit-bearing tree planted on the right-of-way and shall be entitled to the fruits thereof pursuant to Articles 440 and 441 of the New Civil Code.

SEC. 4. The Minister of Public Works and Highways shall promulgate rules and regulations to implement this Executive Order pursuant to Section 1 of Commonwealth Act No. 548, dated May 26, 1940.

SEC. 5. This Executive Order shall take effect immediately.

Done in the City of Manila, this 26th day of August, in the year of Our Lord, Nineteen Hundred and Eighty-Five.

(Sgd.) FERDINAND E. MARCOS
President of the Philippines

By the President:

(Sgd.) JUAN C. TUVERA
Presidential Executive Assistant

Source: Malacañang Records Office

Office of the President of the Philippines. (1985). [Executive Order Nos. : 1030-1093]. Manila : Malacañang Records Office.