a Republic of the Philippines & Department of Environment and Natural Resources ——— Land Management Bureau Seem’ 880 F.R. Estuar Building, Quezon Avenue, Brgy. Paligsahan, Quezon City — Pee 25 wut 2019 SUBJECT : PROCEDURES ON THE VALIDATION, SEGREGATION SURVEY AND TURNOVER OF IDENTIFIED LOTS IN THE ISLAND OF BORACAY UNDER LAND REFORM. ‘This Technical Bulletin provides the guidelines and procedures to facilitate the validation, segregation survey and turnover of Alienable and Disposable (A&D) lands in the Island of Boracay that are suitable for agricultural purposes from the Department of Environment and Natural Resources (DENR) to the Department of Agrarian Reform (DAR), for disposition under the Comprehensive Agrarian Reform Program (CARP) by DAR. 1, Rationale President Rodrigo Roa Duterte made a pronouncement on April 9, 2018 to place the island of Boracay, Malay, Aklan under land reform. As provided for in Executive Order No. 229, series of 1987 entitled “Providing the Mechanisms for the Implementation of the Comprehensive Agrarian Reform Program”, the DENR, as one of the CARP Implementing Agencies (CIAs) and being a member of the Presidential Agrarian Reform Council (PARC) chaired by the President of the Republic of the Philippines, as well as of the PARC Executive Committee, is mandated to provide technical support in the implementation of the Program. Pursuant to Section 4 of Republic Act (RA) No. 6657 or the Comprehensive Agrarian Reform Law, the lands covered by the Program include i) all alienable and disposable lands of the public domain devoted to or suitable for agriculture, ii) all other lands owned by the Government devoted to or suitable for agriculture, and iii) all private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon. Section 3 thereof defines agricultural lands as those lands devoted to agricultural activity and not classified as mineral, forest, residential, commercial or industrial land. In order to clarify the jurisdiction and authority of the DAR and the DENR for the effective and efficient implementation of CARP, the following rules and regulations were issued: 1, Joint DAR-DENR Memorandum Circular (JMC) No. 09, Series of 1995 entitled “Clarifying and Restating the Jurisdiction and Authority of the Department of Agrarian Reform (DAR) and the Department of Environment and Natural Resources (DENR) over certain types of lands of the Public Domain covered by the CARP”. The IMC provides that all lands of the public domain are under the exclusive jurisdiction of theDENR, except those placed, by law and/or by executive issuances, under the jurisdiction of other departments or entities, and that the disposition of non-registrable lands of the public domain is the exclusive responsibility of the DENR under its various programs including the Integrated Social Forestry (now the CBFM program). The responsibility and authority of the DAR to distribute public lands shall be limited to i) Lands proclaimed by the President of the Philippines as DAR Resettlement Projects and placed under the administration of the DAR, ii) Lands which are placed by law ‘under the jurisdiction of the DAR, and iii) Lands previously proclaimed for the various government Departments, agencies and instrumentalities and subsequently turned over by said entities to the DAR for distribution under the CARP. 2. DAR Memorandum Circular No. 07, Series of 1993, which provides, among others, that all lands that are unclassified or classified as timberland or forestland, national parks, or mineral land, even if occupied and fully cultivated, shall not be covered. Instead, the occupants shall be referred to the DENR for possible inclusion in the ISF program (now the CBFM program) in accordance with Joint DAR-DENR ‘Administrative Order No. 02, series of 1992”. 3. DENR Memorandum Circular No. 22, Series of 1999, which provides that the DENR jurisdiction over all Alienable and Disposable (A&D) lands of the public domain was never removed nor repealed by RA No. 6657 and DAR acquires jurisdiction over A&D ands only when the same is tumed over by the DENR to other agencies. 2. Scope and Coverage This Technical Bulletin shall primarily cover those classified A&D lands suitable for agriculture in the Island of Boracay that were identified by DAR. 3. Definition of Terms 3.1 Agricultural land, as defined in Section 3 (¢) of Republic Act 6657, refers to land devoted to agricultural activity and not classified as mineral, forest, residential, commercial or industrial land. 3.2. Agricultural activity, as defined in Section 3 (b) of Republic Act 6657, means the cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or fish, including the harvesting of such farm products, and other farm activities and practices performed by a farmer in conjunction with such farming ‘operations done by persons whether natural or juridical. 4. Procedures on the Validation, Segregation Survey, and Turn-over of Agricultural Lands 4.1. Preliminary Activities4.11 412 413 DAR Region-6 shall initially identify the lots to be covered under the land reform and submit the list of identified lots to DENR Region-6. DENR Region-6 shall determine the status of lots in Boracay by projecting/plotting against available projection maps, Land Classification Map, Cadastral Map, Geobazard Map, Tax Map, Tax Declaration from the ‘Assessor’ Office, and other DENR records. The lots verified as Agricultural or suitable for agriculture including those with existing applications shall be tumed over to DAR-Region 6. On the other hand, lots verified as non- Agricultural ot not suitable for Agriculture such as those areas falling under lands classified as timberland/forest, wetland, residential, mineral, commercial, industrial, and those with existing titles shall be excluded from the list that will be tuned over to DAR-Region 6. DENR-Region 6 shall officially inform DAR-Region 6 of the results of the evaluation and provide copies of the Land Classification Maps and invite its representative for the conduct of ground validation on the identified and verified lots. Ground Validation Process of the lots verified by DENR-Region 6 as agricultural land 421 422 423 ‘The verified list of lots shall be subjected to ground validation by a Validation ‘Team composed of representatives from the Department of Environment and Natural Resources (DENR)-Region 6, Land Management Bureau (LMB), Mines and Geosciences Bureau- Region 6 and DAR-Region 6. The LMB representative shall head the Team. ‘The Validation Team shall make a courtesy call to the Barangay Chairperson to discuss the purpose/objectives of the ocular inspection and request barangay assistance during the inspection. The team shall conduct actual ground inspection and validation and accomplish the prescribed Joint DENR-DAR Validation Form attached as Annex 1 and submit the same to the Regional Executive Director of DENR- Region 6 copy furnished the Regional Director of DAR-Region 6. Based on the result of the ground validation, the determination of the lots suitable for turn-over to DAR shall be based on the following criteria: a. Topography/Landform (slope, plain, hill/mountain, lake, others); b. Actual land use (Agricultural activities including crops planted/vegetation, Non-agricultural including type and no. of structure) . Soil Type/Description (sandy, loamy, others); and d. Geo-hazard/Assessment (susceptible to landslide, susceptible to flood, sink hole, others) ° Only those lots or portion thereof which have open space or without improvement/development, plain, currently with agricultural activities, soiltype is loamy and not susceptible to any geo-hazard risk shall be recommended for turnover. 42.4. Based on the recommendation of the Team and upon authorization of the DENR Secretary to turnover lots to DAR-Region 6, the Regional Executive Director (RED) of DENR-Region 6 shall transmit the list of lots for tumover using the format attached as Annex 2. 4.3. Segregation Process In case only portion of the lot is tumed-over, the DAR-Region 6 shall conduct the segregation survey separating the portion determined not suitable for agricultural purpose, which shall be retained under DENR jurisdiction. This portion shall be surveyed as one (1) lot to be designated and indicated in the plan as “For Retention to ENR", The complete Survey Retums (SRs) shall be submitted by DAR-Region 6 to DENR-Region 6 for Inspection, Verification and Approval of Survey (IVAS). ‘The excess area indicated in the plan as “For Retention to DENR” shall be disposed of by DENR in accordance with applicable modes under the provisions of CA 141 (Public Land Act), as amended. 5. Funding All expenses during the conduct of this activity shall be charged against the respective agencies’ funds, subject to existing accounting and auditing rules and regulations. ATTY. steht CESEAnnex 1 Department of Agrarian Reform-Department of Environment and Natural Resources “Task Force Agrarian Boracay Island Joint DENR-DAR Validation Team Report Validation Form JProvince: Municipality: piectnos__ La Deseo: 2 CAD b sineyta chee 4 eo ope perenne {oz — 2omentip Sai reer Oat wwe ae) ie a. Nano fama Hee) 2. Pl of Ormetstunet Cow Tia. ( teoestin Taxose No ote Tard clssisbon: [7] Ago [ Fonerrnttans 4. Topography andor: Co] see [2] een (J ramones = [7] ute [7] obs 5 PresenlCurent Land Use: Agia! Cops Pantaogetatin ain Hes. Non Apia No.of Stuer (1 restr! (concise: Popes [ist one Scrat! Co betta Clon A Soitypaeccpton: = [] sexy] tom [1] oes 1. Geotinar reaarad Re svete [Eo swcrptototssico — [T] Sacto ©] Obes [E svecepte to Foot 8. ouca of eaap formation: uncial Assoc: NFTax De Tax Map DASal Nop MunialNCIP Land UsoCADT [DENRANGE Geo hazard Map Obes 8. Recommendations Fer Tumeer ODAR(CARP Come) = [_] Yes [_] 40 [_]t fanaa: Presarea'Sgred By. PRINTED NAMENSIGNATURE PRINTED NAMEISIGNATURE PRINTED NAMEISIGAATURE nawmunicep [—] DENR-Cad Map LRALURES Tenens FiAnnex 2 Republic of the Philippines DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Office of the Regional Executive Director Region 6 THE REGIONAL DIRECTOR DAR-Region 6 Hoilo City Sir/Madam: We would like to inform you that based on the results of the actual ground inspection ‘and validation of the identified lots conducted by the Joint Validation Team, the following lots were determined to be suitable for agriculture and are hereby tumed over to the Department of Agrarian Reform (DAR)-Region 6. ‘Approximate Name of Claimant/s Location Lot/Survey No. | Area Occupied (has.) ‘A. Whole lot i. 2. 3. B. Portion only i. 2. 3. For those lots wherein only portion are turned-over to DAR, please submit segregation survey to DENR for Inspection, Verification and Approval of Survey. The other portion shall, be retained in DENR’s jurisdiction. 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