Republic of the Philippines
Department of Environment and Natural Resources
‘Visayas Avenue, Diliman, Quezon City
Tel Nos. 929-6626 to 29; 929-6633 to 35
929-7041 to 43; 929-6252; 929-1669
Website: http:/www.denr.gov.ph E-mail: web@denrgov.ph
wD
MEMORANDUM
To + AllRegional Executive Directors
Regions 1 to 13 and CAR, Except NCR
The Acting Director
Land Management Bureau
FROM —:_—_The Assistant Secretary for Staff Bureaus
SUBJECT : NEW POLICY OF THE DEPARTMENT OF AGRARIAN REFORM
(AR) ON DENR TURN-OVER OF PUBLIC LANDS FOR
DISTRIBUTION UNDER CARP
DATE DEC 1 8 2018
With the pronouncement of President Rodrigo Roa Duterte that all government lands
suitable for agriculture should be released and distributed to the occupants‘tllers under CARP,
DAR will now resume acceptance of tumed-over public lands from DENR for disposition «ster
CARP. This was mentioned in DAR Secretary John R. Castriciones” letter to Secretary Roy A.
Cimatu dated 07 September 2018, nullifying the instruction from former DAR Secretary
Virgilio delos Reyes issued in September 2013 (copy attached). As mentioned, one of the cases
of incomplete turn-over because of the issued policy from the former DAR Sceretary is the
unsigned MOA by DENR Region 10 for the turn-over of a 103-hectare parcel of land located in
Barangay Tumpagon, Cagayan de Oro City.
Consistent with the provisions in Executive Order No. 229 dated July 22, 1987 entitled
“Providing the mechanisms for the implementation of the Comprehensive Agrarian Reform
Program, the Department supports the pronouncement of the President. However, as mandated
by law, DENR should still assert its jurisdiction over all alienable and disposable lands of the
public domain as provided in Section 3 of the Public Land Act (Commonwealth Act number 141,
as amended). Moreover, since the inception of the implementation of CARP various policies and
issuances were issued by both agencies to harmonize its mandates, defining DAR and DENR
{jurisdiction over all lands to cover for disposition under the Program.
In Memorandum Circular No. 99-22, Series of 1999, entitled “DENR jurisdiction over all
alienable and disposable lands of the public domain”, all REDs were directed to strictly exercise
jurisdiction over lands of the public domain. Hence, DENR field offices are reminded to take due
diligence on DAR’s new policy.
In view of the foregoing, the Regional Executive Directors are hereby directed to
disseminate the above policy for compliance in accordance with the existing laws, rules and
regulations, particularly the Joint DAR-DENR Memorandum Circular no. 09, Series of 1995
(herein attached). —
MEMO NO.2019-03For information and appropriate action of all concemed.
RICAI 7 “ones
Copy furnished:
‘The Chief of staff and Undersecretary
‘The Undersecretary for Field Operations
‘The Acting Director, Land Management Bureau
MEMO NO.2019-032aTH a8 84
7 REPUBLIC OF THE PHILIPPINES
one DEPARTMENT OF AGRARIAN REFORM
Tunay na Pagbabago sa Repormang Agraryo
07 September 2018
HON. ROY A. CIMATU
Secretary
Department of Environment and Natural
Visayas Ave., Diliman, Quezon City
Dear Secretary Cimatu:
‘This pertains to the letter dated 13 September 2013 of former Department of
Agrarian Reform (DAR) Secretary Virgilio R. De Los Reyes to Secretary Ramon
J.P. Paje of the Department of Environment and Natural Resources (DENR),
regarding the/turn-over of public lands for distribution to agrarian reform
beneficiaries under the Comprehensive Agrarian Reform Program (CARP),/In
the said letter, the DAR requested the DENR to discontinue the turn-over of
public lands, so that it could focus its resources to the distribution of private
agricultural lands.
In response to the said letter, the turn-over of public lands to DAR stopped
immediately. However, there were cases where the turn-over documents had
already been prepared but the documentation was discontinued due to the
aforesaid order of stoppage. Additionally, our field offices have been receiving
requests from occupants of public lands to have the latter’s lands titled by
our office, The potential beneficiaries, who are expecting to receive titles to
these lands, are clamoring for the continuation of the documentation process,
Iwnich was suspended because of the said letter.
A case in point is the 103-hectare parcel of land located in Barangay
Tumpagon, Cagayan de Oro City. In the year 2016, its residents requested the
Provincial Agrarian Reform Office (PARO) of Misamis Oriental through the
Municipal Agrarian Reform Office of Cagayan de Oro City to include the land
| they had occupied and cultivated for a long time under CARP coverage. The
DENR Provincial Environment and Natural Resources (PENRO) concerned
interposed no objections to the turn-over of the subject land to DAR, through
Memorandum of Agreement (MOA), this is because our respective agencies
have the same objective of aiding farmers in securing their tenurial status.
‘The PARO, acting on the agreement with the PENRO, started the
documentation of the area leading to the eventual distribution of lands to the
qualified applicants. Unfortunately, the Regional Executive Director was not
able to sign the MOA because of the said letter.
In the implementation of the CARP, the government shall give highest
consideration in the welfare of the landless farmers and farmworkers to
promote social justice. In order to achieve this, the security of the tenure of
the landless farmers over the lands should be ensured through the issuance
ENR = Cab
ONAL CoORf FICE TELEFAX: (65D) 465.3008
3, Quezon City WEBSITE: www-dar.gov.ph
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