LAND DISPOSITION
- Shall mean any methods authorized by the Government for the
acquisition, lease ,use or benefit of the lands of the public domain
other than timber or mineral lands.
- The DENR shall implement in the regional area the policies, plans
programs, rules and regulation on the administration and disposition of
alienable lands of the public domain and other lands acquired by the
government.
Objectives
1. To speed up public land distribution to applicants to support the
Handog Titulo Program of the DENR
2. To have an inventory of vacant lands and conduct investigation to
identify their present use.
3. To provide the necessary guides on the effective utilization of lands
according to the social, economic, and physical development needs,
goals and policies.
Functions:
1. Regional Executive Director.
a. Approves appraisal of public lands and issues authority to conduct
bidding on sales covering five hectares and below.
b. Approves appraisal of public lands and issues authority to conduct
bidding on sales and leases covering more than 1000 sq. m. but less
than 100 hectares for commercial, industrial and residential
purposes.
c. Approves appraisal of public lands and issues authority to conduct
bidding on sales and leases of five hectares but below 100 hectares
of lands for agricultural purposes.
d. Approves reappraisal of leased areas five (5) hectares and above.
e. Approves original and renewal of leases six hectares to fifty
hectares of foreshore lands.
f. Approves transfer of public land applications or deed of sale/
mortgage of patented lands with areas from five to twelve hectares.
g. Issues investigation orders involving patented lots only.
h. Renews Other Lawful Permits (OLP) covering government lands
and/or reservations for a period not exceeding one year.
i. Signs patents and reconstituted patents for areas up to five
hectares for sales and five to ten hectares for homestead and free
patent.
j. Issues original revocable or provisional permit for alienable and
disposable lands.
k. Approves lease (Order of Award)
l. Issues deputation order of Land Inspector subject to review of the
Undersecretary for Field Operations.
2. Provincial Environment and Natural Resources Officer
a. Approves appraisal of public lands and issues authority to conduct
bidding on sales and leases for areas up to 1000 sq. m. for
commercial and industrial purposes.
b. Approves appraisal of public lands and issues authority to conduct
bidding covering leases below five hectares for agricultural
purposes.
c. Approves reappraisal of lease areas below five hectares
d. Approves transfer of public land applications or deed of
sale/mortgage of patented lands up to five hectare.
e. Signs patents and reconstituted patents in areas up to five hectares
for homestead and free patent.
f. Issues renewal of revocable or provisional permit.
g. Approves original and renewal of leases below six hectares of
foreshore lands.
3. Community Environment and Natural Resources Officer
a. Accepts, conducts investigation, appraisal on and processes public
land applications.
b. Conducts oral/sealed bidding for sale or lease of public lands.
AGRICULTURAL FREE PATENT
- It is a mode of acquiring thru the confirmation of an imperfect title of an
actual occupant, a parcel of land of the public domain suitable for and
actually devoted to agricultural purposes.
Qualifications of a free patent applicant
1. Natural born citizen
2. The applicant should not own more than 12 hectares.
3. The applicant must have occupied the land or have paid the real estate
tax.
Requirements in Free Patent Applications
1. Application
2. Notice of application for free patent
3. A joint affidavit of two disinterested witnesses and approved survey plan
and technical descriptions of the land.
4. Documentary proofs of ownership such as deed of sale, donation etc.
5. Final report of investigation and Land Data Records Sheet.
6. Proof of payment of real estate taxes.
7. Order: Approval of Application and Issuance of Patent
8. Judicial Form No. 54 and 54-D
9. Transmittal letters to PENRO/ RED/ DENR
Processing of free patent application
1. All applications for free patent shall be processed to ascertain whether:
a. The land is classifies as alienable or disposable.
b. The applicant is qualified and has signed his/her application with
documentary stamp affixed on it.
c. The land applied for is surveyed and does not exceed the maximum
area limitation.
d. The applicant has paid the required application and other
administrative fees
e. The land applied for is covered by any other public land application.
f. The applicant is the holder of any other public land application.
2. Notice of Application for Free Patent
a. Notice should be posted in the provincial capitol, municipal building
and barangay hall where the land applied for is located.
b. If land application is filed under Commonwealth Act No. 141, as
amended, notice should be posted 30 consecutive days.
c. Notice should be posted for two consecutive weeks and
accompanied by a joint affidavit of two disinterested persons
proving applicant’s occupancy of the land, either by himself or
through his predecessor-in-interest.
d. The filing of adverse claims should be done on or before the last
day of posting of notice.
e. Notice should be ratified on or after the last day of posting by
an authorized official. Oath fee should be paid if notice is not
accomplished in the prescribed form.
3. Examine the field investigation report to ascertain-
a. Whether the land is alienable and disposable.
b. When the land applied for was first occupied and cultivated
either by the applicant or through his predecessor-in-interest.
c. Whether the land is being claimed by any other person.
d. The actual occupant if the land and the kind of improvements
made in the land and party responsible for the improvement
therein.
e. Whether the land is fully cultivated or not. When an applicant
has occupied and cultivated a bigger fraction of the land and
has cleared the remaining portions with only a small portion
untouched, he is entitled to a patent for the whole area.
f. The correct lot and area.
g. Whether the applicant used share tenants to cultivate the area
in violation of PD 152.
h. Whether the report is duly endorsed by the concerned official
and the issuance of patent is favourably recommended by him.
i. If investigation conducted includes the adjoining lots.
4. If all the requirements of the law have been satisfactorily complied
with, the following are simultaneously prepared:
a. Order: Approval of Application and Issuance of Patent
b. Free Patent in Judicial Form no. 54 and 54-D
5. CENRO transmits patent together with the records of the application
to PENRO for signature if the area is five hectare and below. For
lands of more than five up to ten hectares, the signatory is the
Regional Executive Director. If the area is more than 10 hectares,
CENRO transmits patent through the RED, to the DENR secretary for
his signature.
6. The RED/ DENR Secretary, the signed patent is returned to the PENRO
for numbering and transmittal to the Register of Deeds concerned.
RESIDENTIAL FREE PATENT
- It is issued on all public lands that are zoned as residential areas,
including town sites.
Eligibility:
Any Filipino citizen who is an actual occupant of a residential land for at
least 10 years
Note:
1. A legal guardian should be represented if the applicant is minor.
2. The heirs of a deceased applicant may substitute the applicant provided
that they themselves possess the required applications.
3. Only one application shall be allowed per applicant.
Requirements in applying for a residential free patent
1. A plan based on actual survey conducted by a licensed geodetic engineer
and approved by the DENR
2. Technical description of the land applied
3. Supporting affidavit of two disinterested persons residing in the
barangay of the city or municipality where the land is located.
Area limitations in the application for a residential free patent
a. 200 square meters in highly urbanized cities
b. 500 square meters in other cities
c. 750 square meters in first and second class municipalities
d. 1000 square meters in all other municipalities.
Restrictions in the issuance of a residential free patent
NONE
HOMESTEAD
- Homestead is a grant of public land to persons seeking to establish and
maintain agricultural homes on condition of actual, continuous, and
personal occupancy of the area as a home including cultivation and
improvement of the land.
Qualification of a homestead applicant:
1. Citizen of the Philippines
2. Over 18 years of age or head of family
3. Not the owner of not more than 5 hectares as per DMC 22 dated
November 20, 1989 in line with the policy expressed in RA 5567
4. Not married, if the applicant is a women.
Married woman as a homestead applicant
1. She is living separately from her husband and does not depend on him
for support.
2. Her husband is insane or physically incapacitated to work.
3. Her husband is in prison serving a term of such duration as would
prevent him from complying with the requirement of the homestead law
regarding residence on the land.
Checklist of essential papers/requisites in homestead
1. Application
- Certification from the Municipal Agrarian Reform Office that he is a
qualified CARP beneficiary.
2. Preliminary report of investigation and Land Data Record Sheet
3. Order: Approval of Application
4. Notice of intention to file final proof.
5. Final report of investigation
6. A report of investigation on the transfer and an order approving the
transfer in favor of the transferee in case where there is a transfer of
homestead rights.
7. In case the applicant dies and has surviving heirs who are willing to
continue with the homestead, an order of succession of rights.
8. Order: Issuance of Patent
9. Judicial Form 67 and 67-D
10. Transmittal letters to PENRO, RED or DENR Secretary.
Processing of homestead application
1. Examine the application to ascertain whether the
a. Applicant is qualified and has signed his/her application which
should have documentary stamp affixed thereon.
b. Land applied for is surveyed and does not exceed the maximum
area limitation.
c. Applicant has paid the required application (filing) fee.
d. Land applied for is covered by any other public land application.
e. Applicant is the holder of any other homestead application
and/or any other lots within the same public land subdivision.
2. Examine the preliminary report of investigation to ascertain
a. The correct/ actual lot applied for. Investigation should include
adjoining lots
b. Whether the lot is of the public domain and within a duly
established agricultural zone
c. Whether it is free from claims and conflicts
d. The actual occupant and the kind of improvements already
introduced in the area, if any, and when the cultivation was
begun.
e. Whether the applicant owns more than the maximum area
allowed by law.
f. Whether the required homestead entry fee has been paid.
g. Whether the report of the land investigator/inspector/deputy
public land inspector is duly endorsed by the CENRO and the
approval of the application favourably recommended by him.
3. Examine the Order: Approval of Application to ascertain –
a. That the lot for which the order is being issued is exactly the
same as the lot being applied for and described in the
preliminary report.
b. It should be stressed that an order of approval for homestead
cannot be issued in the name of the heirs of a deceased
ascendant.
4. Examine the final proof to ascertain
a. If it was filed one year from and after the date of approval of
the application.
b. If the witnesses who attested to the testimony of the applicant
are the same persons whose names are indicated in the Notice
of Intention To Make Final Proof.
c. If the Notice of Intention to Make Final Proof was posted for 30
consecutive days and executed before an authorized official in
the presence of the persons specified in the notice.
d. If the dates of ratification indicated on both the notice and
testimony are the same.
e. If the lot described in the notice is the same lot in the
application, preliminary report, and order of approval.
f. The compliance by the applicant with the residence and
cultivation requirements of the law.
g. If the required fee has been paid and documentary stamps are
affixed on both the notice and testimony.
h. If adverse claims have been filed against the applicant.
5. Examine the final report of investigation to ascertain:
a. The lot and the area
b. If the applicant has complied with the residence and cultivation
requirements of the law as provided in the final proof.
c. When the land was first occupied.
d. Whether or not it is claimed by any other person.
e. The kind of improvements found in the lot.
f. If the applicant is still living.
g. Whether the homestead final fee has been paid.
h. Whether the report is duly endorsed by the concerned official
and the patent is favorably recommended by him.
6. If all the requirements of the law have been satisfactorily complied
with the following are simultaneously prepared:
a. Order: Issuance of Patent
b. Homestead Patent in Judicial Form 67 and 67-D
7. CENRO transmits patent, together with the records of application to-
a. PENRO for signature if the area is five hectares and below.
b. RED for signature if the area is more than five hectares to a
maximum of ten hectares.
c. DENR Secretary, through the RED, for signature if the area is
more than ten hectares.
8. From the RED/DENR Secretary, the signed patent is returned to the
PENRO for numbering and transmittal to the Register of Deeds
concerned.
Qualifications of a free patent and homestead applicant
Ancestral Domain- refers to all areas belonging to IP, subject to property
rights within ancestral domains already existing and/or vested upon the
effectivity of the Act, comprising lands, inland waters, coastal area and
natural resources
Ancestral Lands- refers to land, subject to property rights within ancestral
domains.
Certificate of Ancestral Domain Title-refers to a title formally recognizing
the rights of ICC/IP over their ancestral domain.
Certificate of Ancestral Land Title- refers to a title formally recognizing the
rights of ICCs/IP over their ancestral lands
NATIONAL COMMISSION ON INDIGENOUS PEOPLE
▪ Refers to the office created under RA 8371, which shall be under the
Office of the President, and which shall be primary government
agency responsible for the formulation and implementation of
policies, plans and programs to recognize, protect and promote the
right of ICCs/Ips.
Objectives:
▪ Promote and protect the native title and other rights of IP to their
AD/AL
▪ Affirm and defend the cultural integrity of the ICC/IP in order to
ensure their economic, social and cultural well-being
▪ Consolidate and enhance issuances, guidelines, and/or rules
promulgated by the Commission in order to make it more efficient,
effective and economical in the delineation and recognition of ADs/Als
▪ Identify roles and accountabilities of the ICCs/IPs, NCIP,Local
Government Units (LGUs), participating private sector organization/s
(PSO), and other stakeholders in the delineation and recognition of
ADs/Als
▪ Enhance the harmonization of various government policies affecting
ICCs/IPs.
Guiding and Operating Principles
a. Self-delineation- it shall be the guiding principle in the identification
and delineation of AD/AL. As such, the ICC/IP concerned shall have a
decisive role in all the activities pertinent thereto. Corollary to this,
there shall only be one CADT for every ancestral domain.
b. ALs/ Ads are Private Lands under the concept of Native Title.
c. The rights of non-Ips or Ips within the AD and who are not co-
owners thereof, validly acquired shall be recognized and respected.
d. In the resolution of all conflicts involving AD/AL, the primary of
applicable customary laws shall be observed.
e. CADT issued over delineated Ads are non transferrable.
 f. All activities pertinent to the identification, delineation and
recognition of the ADs/ Als shall be in consultation with them and
measures must be undertaken to ensure that the culture and
tradition are respected, applied or utilized in the process
g. The respective roles of all participating groups or agencies shall be
specified in a Memorandum of Agreement executed for the
purpose.
h. The delineation and recognition of ADs/ ALs should be foster
national unity, peace and development.
i. Property rights within the ancestral domains already existing or
vested upon effectivity of IPRA shall be recognized and respected.
j. The Geodetic Engineer authorized to undertake the survey of ADs/
ALs shall use the geodetic control network adopted in 1992 as the
standard reference system for all surveying and mapping activities.
Roles and Functions of Key Participants in the Delineation and
Recognition of Ancestral Lands and Domains.
1. ICC/IP and the elders/leaders
- Shall submit their written intention to apply for CADT/CALT which
shall be made an attachment of the application.
- Shall identify the person/s who shall be their authorized
representative in filing and processing of their application.
- Shall assist the PDT/CDT and the survey team in all undertakings
related to the delineation
2. Representative of the Applicant
- Should be a resident of the applied AD/AL
- Shall file and sign the CADT/CALT application and other pertinent
documents supporting the application in behalf of the community
- Shall serve as liaison only between and among the community, the
NCIP and other stakeholders in all undertakings in the delineation
3. Provincial Delineation Team or Community Delineation Team
- Composed of 3 to 5 NCIP personnel
- Evaluate the completed application form and pertinent attachments
- Prepare the Work and Financial Plan
- Coordinate with all stakeholders
- Plan and undertake the Information, Education and Consultation
(IEC) activities.
- Validate identified leaders/elders of the community
- Assist the community in the preparation of an indicative map of the
entire AL/AD applied for and indicating adjacent communities.
- Gather and document information/data including census and
genealogical survey
- Conduct community validation of all information/data
- Provide support to the Survey Party
- Prepare, compile and complete the AD/AL Recognition Book
- Facilitate resolution of any issues and concern
- Evaluate and Validate proofs supporting claims
4. Regional Review Body
- Shall review the PDT/CDT report and prepare and submit its
findings to the Regional Director
5. The Assistors
a. Indigenous People Organization- provide support/assistance to the
NCIP during the delineation process
b. LGU- provide available data and technical and financial support in
the conduct of the delineation.
c. DAR- issue corresponding certification whether or not there are
areas within the AD/AL with issued CLOAs or identified to be under
the CARL coverage.
d. DENR- issued corresponding certification identifying therein issued
titles, approved surveys over portion or the whole of the AD/AL;
provide copy of sketch maps, approved survey plans or others
records pertinent to the application.
e. LRA- Undetake common projection of surveys; issue corresponding
certification, identifying therein existing judicial and other titles
affecting or overlapping the AD/AL
6. Survey Party- composed of team or teams headed by a Geodetic
Engineer authorized by the NCIP to conduct surveys over ancestral
lands/domains.
Proof Required in CADT/CALT Application
1. Sworn Testmonies of Elders/Leaders
a. The identity of the ICCs/IPs, including their leaders and original
settlers, based onethno-history;
b. The fact that they have possessed, occupied, claimed and used the
territory and the resources therein as AD/AL claim since time
immemorial;
c. The description of the metes and bounds or traditional landmarks of
the AD/AL claimed, as well as the land use practiced;
d. Customs and traditions related to land;
e. Customary practices on boundary conflict resolutions;
f. Landmarks and boundary markers (include survey plans and sketch
maps);
g. History, including pacts and agreements concerning boundaries;
h. Political structure and institutions and identity of leaders and
original settlers.
2. Written Accounts
- Writing about the particular ICC/IP, their customs and traditions,
political structures and institutions, other lifestyles or cultural
expressions, which may include anthropological data, etymology of
names and places derived from the native dialect of the community
and such other records in writing containing a recitation of the
community’s history.
3. Indicative Maps
- graphic representations of the ancestral domain/land actually
occupied, possessed and accessed in the past and/or at present by the
community and its corresponding use, the traditional and natural
landmarks, and the boundaries of the AD/AL and its adjacent areas.
Said map shall be overlaid over the NAMRIA topographic map.
4. Genealogical data
- consists of a chart showing the relationships between/among present
claimants and their predecessors, who lived in the same territory at
least three (3) generations earlier than the present generation.
5. Pictures
- traditional landmarks such as mountains, rivers, creeks, lakes, ridges,
terraces, sacred places, hunting/ fishing grounds, and the traditional
use of resources with detailed description of their importance to the
lives of the claimants;
- physical evidence of long term occupation or settlements such as old
structures and improvements, burial grounds and sacred places; and,
- artifacts owned by the ICC/IPs.
6. Census and List
- Community members found in the AD/AL
- Migrant IP residing within the ancestral domain/land
- Non-IP residing within ancestral land/domain.
7. Supporting documents
Procedures and Requirements for the Issuance of CADT/CALT
Delineation of Ancestral Domains/Lands
1. Application/Petition; By whom and where filed
- Name/s of CADT/CALT applicant
- Tribe/ethno-linguistic group
- Specific location/coverage of the AD/AL
- General information of the land/domain applied for, including its
estimated area
- Significant or thumb-mark of applicant or duly authorized
representative
2. Attachment to the Application/Petition
- For CADT application – Sworn Letter or Resolution of Intent signed
by the majority of the traditional Council of Elders/Leaders stating
therein that the application was a community decision arrived at in
accordance with customary processes, and that the area subject of
their application/petition is their ancestral domain since time
immemorial.
- For CALT application – Sworn Letter or Resolution of Intent signed by
the ICCs/Ips applicant stating therein that the area subject of the
application/ petition is their ancestral domain/land since time
immemorial, and where the presence of other co-owners is apparent,
their duly verified conformity.
3. CADT/CALT Application Record Book
- Immediately upon receipt of the application, it shall be recorded in the
CARB. The CARB shall contain basic information on time and date of
receipt, name and address of the applicant, assigned control number
and the signature of the personnel making the said entry.
4. Organization and Creation of Provincial Delineation Team (PDT) or
Community Delineation Team (CDT).
5. Initial Review and Evaluation
- PDT/CDT shall review and evaluate all documents/proofs supporting
each application including the attachments and other documents
- If found sufficient, within 10 days form evaluation, PDT/CDT shall
transmit a copy of the application/petition together with the pertinent
attachments to the Director of Land Management Bureau (LMB) and
the concerned Regional Executive Director (RED) of the DENR.
6. Preparation of Work and Financial Plan
The WFP shall contain the following:
a. Names of the parties;
b. Date of preparation;
c. Specific location of the project;
d. Approximate total AD/AL area;
e. Estimated total IPs population/right holders;
f. Ethnic group/s living in the area;
g. Kind of application;
h. Brief description of the landscape of the area;
i. Status of the accomplished activities, if any;
j. Total amount needed to complete the project;
k. Initial amount already expended, if any;
l. Source/s of funds;
m. Specific activities and duration;
n. Physical output indicator for each activity;
o. Name, address and contact number/s of representatives of
assistors, if any;
p. Specific activities clearly indicating the counterparts of the assistors
or any support group/s; and,
q. Such other undertakings or agreements of the parties, if any.
7. Notification of Delineation Activities to stakeholders
Shall notify in writing all stakeholders including:
a. Applicant ICCs/Ips
b. Adjacent communities/lot owners;
c. Regional Executive Director concerned
d. Government agencies claiming jurisdiction over the area applied for
e. Concerned LGUs
f. The Notices shall specify the venue, date and time and shall be
delivered preferably by personal service, registered mail with return
card, or other modes of delivery most convenient and speedy to
ensure receipt by the addressee. The PDTs/CDTs shall keep a record
of receipt of the same.
- Notices written in the local dialect shall also be posted in
conspicuous public places within and adjacent to the AD/AL. It
shall include information on the Application/Petition and an
invitation to attend the Information, Education and
Consultation (IEC) where the concerns of the stakeholders may
be presented and addressed.
- Such Notices shall also be sent and posted prior to the conduct
of the following activities:
a. Validation of documents by the community;
b. Ocular inspection;
c. Meetings for boundary conflict resolution;
d. Actual ground survey; and
e. Map validation
8. Community-wide Information, Education and Consultation (IEC)
- PDT/CDT shall conduct IEC activities with ICCs/IPs and stakeholders to
discuss the principles of self delineation, communal ownership,
cultural integrity, native title, rights, and responsibilities of the
ICCs/IPs relative to their AD, as well as the metes and bounds of such
AD, and the contents of the WFP.
9. Validation and Research on the Community’s Political Structure
10. Data Gathering and Documentation
a. resource use permits, grants and other instruments entered into/
issued by the government through its agencies/ LGU;
b. proclamations, laws, orders, zoning ordinances, decisions of courts
and other tribunals involving the ancestral domain/ land or portion
thereof.
c. proof of ownership over land within the ancestral domain which has
been vested prior to the effectivity of IPRA;
d. public/ private agreements/ contracts entered into by ICCs/ IPs
involving transfer of rights over land, prior to the effectivity of IPRA;
e. institutions or entities having interest in the ancestral domain/ land
which may affect the ICC/IPs’ right to effectively exercise acts of
ownership;
f. sketch maps, approved survey plans and/or other records to identify
boundaries or adjacent owners; and
g. applications for issuance of title or certification on fact of absence of
application.
11. Ocular Inspection
a. Verify traditional, physical and cultural landmarks or boundaries of
the AD/AL;
b. Determine the existence of boundary conflicts, if any;
c. Verify and confirm the actual location of sacred/worship places,
burial, hunting, gathering, collecting, fishing grounds and other
proofs of long time possession and ownership within the AL/AD;
d. Ascertain the presence of holders of existing and/or vested property
rights in the applied area. In case there is such a holder, the same
shall be required to submit evidence thereof.
12. Validation of Proofs
13. Social Preparation Accomplishment Report for Issuance of Work
Order/Survey Authority.
It shall contain the following:
a. Introduction - consisting of brief description of the project and its
purpose
b. Background - describing and identifying the rights holders; History
of the people and the area, including its geography and access
thereto; Political, social and economic situation; and availability of
infrastructures and communication facilities.
c. Discussion on:
1) Preliminary Activities which should include meetings
conducted; coordination with applicants, government
agencies, non-government agencies and other entities having
direct or indirect interests in the area
2) Social Preparation- IEC, Validation of proofs, Genealogical
survey, Census, Conflict resolution, and Research particularly
on survey-related data and information.
d. Attachments/Annexes - which shall include Copy of approved
MOA/MOU signed by the NCIP Chairman, if any, in cases where
there are counter-parts from the applicant, NGO, LGAs, LGUs, or
other entities; Copy of the agreements/s on the Resolution/s of
boundary conflicts/disputes or tenurial concerns; Photo
documentation or Photocopy thereof; and other relevant
documents
14. Commencement of Survey Activities
15. Mission Planning
- The Survey Party, PDT/CDT, members of the Community Working
Group (CWG) and other stakeholders shall conduct the mission
planning, which activity will include discussion on the conduct of
survey and procedures to be observed, and the roles, functions and
responsibilities of key participants during the conduct of the survey
activities and planning stage of the ADSDPP (Ancestral Domain
Sustainable Development Protection Plan) formulation.
16. Establishment of Project Control and Perimeter Survey.
Area Type of Control
Less than 1,500 hectares Tertiary
More than 1,500 to 15,000 hectares Secondary
More than 15,000 hectares Primary
17. Survey Returns; Initial Verification and Projection
- Shall be prepared by the Chief of Party and submitted for initial
verification and projection. Should the ADO find any technical
defect, it shall cause the correction of the same, otherwise the
survey plan shall be presented to the community/applicant for
validation.
18. Survey Plan Validation
- The survey party and PDT/CDT shall present the survey plan to the
community/applicant or their representative/s as
adjoining/adjacent community/ies or owner/s identifying the
landmarks and actual sites in relation to the boundary corners in the
plan for their validation or confirmation.
19. Notice and Publication of CADT/CALT Application
- The publication provided shall be required in cases of CADC/ CALC
conversion in any of the following instances:
a. There was no actual ground survey
b. There was ground survey but was not published
c. Survey is defective
d. There is an increase in the total area
e. There is a change of location/coverage
20. Common Projection
- A copy of the survey plan shall be furnished the DENR, DAR and LRA
for common projection. In cases of overlap, NCIP must be informed
forthwith of the details there of, and the latter shall act in
accordance with existing rules.
21. Approval of the Survey Plan
- The ADO shall approve all surveys of ADs / Als.
22. The PDT/CDT Report
- The PDT/CDT shall transmit to the RRB its report after fifteen (15)
days from the last day of publication, if no opposition in due form is
received;
- RRB shall conduct an initial review and on the basis thereof,
schedule a joint conference to be attended by the concerned
PDT/CDT, RRB members and the concerned ethnographic
Commissioner whenever available.
23. Preparation and Transmittal of Recognition Book
a. PDT/CDT Report - This refers to the final report containing proofs,
documentary evidence, writings, maps, sketches, documentations,
activities and the findings or analyses of all data/information
gathered during the investigation, evaluation,including the SPAR,
survey report and conflict resolutions, if any, prepared and signedby
the members of the PDT.
b. RRB Report - This refers to the report containing the evaluation by
the RRB of the AD/AL Recognition Book.
c. Conflict Resolution Report - This refers to the report containing all
resolutions of boundary conflict and disputes resolutions and
related documents, facilitated and decided by either the PDT or the
RD.
d. Endorsement - This refers to the favourable recommendation of the
concerned RD to ADO of the Recognition Book based on the RRB
report.
24. Review of Recognition Book
- Within fifteen (15) days from receipt of the endorsement by the RD,
the ADO shall review the AD/AL Recognition Book and transmit a
copy of the same to the Legal Affairs Office (LAO) for review. Should
ADO and LAO find the AD/AL Recognition Book sufficient, the ADO
shall endorse the same to the concerned ethnographic
commissioner who shall issue a requisite endorsement to ADO
before it can be considered for deliberation.
25. Requirements for Deliberation
- No application shall be considered for deliberation without the
written endorsements of the concerned RD, ADO Director and the
LAO. At least fifteen (15) days before the scheduled date for
deliberation, the Executive Director shall notify the concerned RD,
PO/CDO, legal officer and other representative/s of the PDT/CDT of
the date, time and venue thereof. Within that same period, the
Commission shall notify the DENR Secretary.
26. Deliberation by the Commission; By Division and En Banc
- Deliberations by the Commission shall consist of three (3) readings:
The First (1st) and the Second (2nd) reading shall be conducted by the
Commission sitting in Division.
The First Division shall be composed of Commissioners from the
Ethnographic regions of CAR and Region I, Region II, Region III and
Rest of Luzon, and the Island Groups and Rest of the Visayas. The
Second Division shall be composed of Commissioners from the
Ethnographic regions of Central Mindanao, Southern and Eastern
Mindanao, and Northern and Western Mindanao. Each division shall
select its own Presiding Officer for the 1st and 2nd Reading. Each
 Division shall deliberate such applications/petitions covering
ADs/ALs.
The Third (3rd) Reading on the application/petition shall be conducted
by the Commission sitting En Banc when the same is reported out or
endorsed by the corresponding Division for consideration by the
Commission En Banc. After the 3rd reading, the Commission shall
issue a formal resolution containing its findings and final disposition
on the application.
In case of denial of the application/petition by the Commission, the
ADO shall, within five (5) days from date of receipt of the resolution,
notify the applicant/petitioner of the denial, attaching to the notice
a copy of the Resolution. The notice shall indicate, among others,
the remedy/ies available to the applicant/petitioner, if there be any.
27. Documentation and Report on the Deliberation
- The Office of Executive Director, acting as Secretariat of the
Commission, shall, as far as practicable, record and document all
deliberations of the Commission and shall prepare the minutes for
each of the three (3) readings.
28. Preparation and Signing of CADT/ CALT
- All members of the Commission shall be present during the final
deliberation. A majority vote of all the members of the Commission
shall be necessary to grant or deny an application. If the CALT/CADT
application is approved, the title shall be signed by the Chairperson
and the concerned Commissioner.
29. Registration of CADT/CALT
- The ADO through the concerned PO/CDO shall assist the owner/s in
the registration of the CADT/CALT with the appropriate Registry of
Deeds (ROD).
- The AD owner/s shall bear the registration fees but shall be
exempted from payment of the Assurance Fund premium per
Memorandum Order No.179, S.2005 of the Office of the President.
- In the case of AL, the owner/s shall shoulder all registration fees
including the premium for the Assurance Fund.
30. Awarding of CADT/CALT
31. Record keeping of CADT/CALT
32. Recording of Approved Survey Plan with the LMS_DENR Regional
Office and Land Registration Authority.
Filing of Opposition
- At anytime during the delineation process but before the first reading, a
verified opposition to the application, attached to which is a certified
copy of documentary evidence including affidavit of witnesses, if there
be any, may be filed with the PDT/CDT, RD or ADO as the case may be,
by one whose interest is affected by the delineation, on any of the
following grounds:
a. Adverse claim;
b. The application is false or fraudulent;
c. The area being claimed or portion thereof, is not an AL/AD; or
d. The area being applied for, or portion thereof, has encroached into
the adjacent or another AL/AD.
Disposition of Oppositions
- If unresolved, the PDT/CDT shall endorse the matter to the RD for
resolution within a period not exceeding thirty (30) days.
- -For this purpose, the RD may designate a Provincial Legal Officer or the
Regional Attorney to conduct investigation and recommend proper
action to the RD. The decision of the RD shall be furnished to the
concerned parties.
- If any one of the parties feels aggrieved by the Decision, he/she may
appeal within ten (10) days from receipt thereof to ADO. The notice of
appeal shall be filed with the RD, who shall thereafter forward the
pertinent documents to the ADO Director.
- -The ADO Director shall refer the matter to the LAO for its legal opinion
and on the basis of the opinion issued, the former shall issue his/her
decision thereon. The decision of the ADO director shall be considered
as one of the incidents to be passed upon by the Commission during its
deliberation on the subject application.
Resolution of Conflicts/Disputes among ICCs/Ips
a. determine the nature of the conflict/dispute
b. initiate the customary conflict-resolution process and document the
same Page 15 of 26 Revised Omnibus Rules on Delineation and
Recognition of Ancestral Domains and Lands of 2012
c. assist the parties in the execution of a MOA in case an
agreement/settlement is reached. In case no settlement is reached,
the parties may agree in writing to segregate the contested area or
enter into some other forms of arrangement in the meantime so as
not to unduly delay the CADT/CALT processing without prejudice to
future settlements or the full adjudication of the dispute before the
proper body.
d. in case of non-inclusion from the list of rights holders, said persons
whose names were inadvertently omitted as members of the
community/clan/family shall be included in the list upon request, and
the updated list, duly authenticated by the council of leaders/elders or
head of the family/or clan, shall be submitted by the applicant to the
PDT/CDT.
e. The council of leaders/elders/clan/family may exclude persons who
are not entitled to be included in the list and shall thereafter submit
the amended list to the PDT/CDT. Any aggrieved person/s may ask for
reconsideration of the above recommendation. Should it be granted,
the original list shall remain, otherwise, the matter shall be subject to
conflict resolution facilitated by the PDT/CDT. If it still remains
unresolved, the person/s concerned may have recourse to remedies
allowed under existing rules.
• In no case shall the request for inclusion or exclusion affect the
processing of the application.
• If after the exercise of diligent efforts, no settlement or agreement
is arrived at, the processing ofthe application shall be suspended.
APPLIED AD/AL OVERLAPPED BY PROPERTY RIGHTS
Vested and Existing Property Rights –
- A vested right/existing right is some right or interest in property that has
become fixed or established and no longer open to doubt or
controversy. Vested Rights include Free Patent, Homestead Patent, Sales
Patent, Emancipation Patent, Certificate of Land Ownership Award and
Judicially Decreed Titles. Lands covered by such titles shall be segregated
and excluded from the Ads/Als.
- The vested or existing rights of any person within the AD/AL shall be
respected provided, however, that the rights holder shows and submits
proof/s of such rights to the PDT/CDT.
Resource Use Instrument (RUI).
- Existing contracts, licenses, concessions, leases, and permits for the
exploitation of natural resources within the ancestral domain may
continue to be in force and effect until they expire. Thereafter, such RUIs
shall not be renewed without the free and prior informed consent of the
concerned ICCs/IPs. All such existing RUIs may be terminated for cause
or upon showing that there exists a violation of the terms and conditions
contained in the MOA executed relative to said operation.
Possessory Rights of Migrants
- Possessory rights of migrants within the AD existing at the time of filing
of CADT application, may be respected when any one of following
circumstances exists:
a. There is a duly verified written document or resolution from the
Council of Elders/Leaders or ICCs/IPs recognizing the possession and
continuous presence of these migrants and the extent of the area they
possess.
b. There is a narrative of how the applicant ICCs/IPs gave their consent or
acquiescence to the entry of such migrants identified in the
Recognition Book; or
c. The concerned ICCs/IPs have validated such rights.
NCIP Administrative Order 4 Series of 2012
Land Management, Land Administration, Land Tenure, Land Reform
Land Tenure
- Land tenure is the relationship, whether legally or customarily defined
among people, as individuals or groups, with respect to land.
- They define how access is granted to rights to use, control and transfer
land, as well as associated responsibilities and restraints.
Land reform
- Land reform involves the changing of laws, regulations or customs
regarding land ownership.
Land Reform in the Philippines
Pre-Spanish Period
- Before the Spaniards came to the Philippines, Filipinos lived in villages or
barangays ruled by chiefs or datus. The datus comprised the nobility.
Then came the maharlikas (freemen), followed by the aliping
mamamahay (serfs) and aliping saguiguilid (slaves).
- However, despite the existence of different classes in the social
structure, practically everyone had access to the fruits of the soil. Money
was unknown, and rice served as the medium of exchange
Spanish Period
- When the Spaniards came to the Philippines, the concept of encomienda
(Royal Land Grants) was introduced. This system grants that
Encomienderos must defend his encomienda from external attack,
maintain peace and order within, and support the missionaries. In turn,
the encomiendero acquired the right to collect tribute from the indios
(native).
- The system, however, degenerated into abuse of power by the
encomienderos. The tribute soon became land rents to a few powerful
landlords. And the natives who once cultivated the lands in freedom
were transformed into mere share tenants.
American Period - Significant legislation enacted during the American
Period:
- Philippine Bill of 1902 – Set the ceilings on the hectarage of private
individuals and corporations may acquire: 16 has. for private individuals
and 1,024 has. for corporations.
- Land Registration Act of 1902 (Act No. 496) – Provided for a
comprehensive registration of land titles under the Torrens system.
President Ferdinand Marcos
- Republic Act No. 6389, (Code of Agrarian Reform) and RA No. 6390 of
1971 -- Created the Department of Agrarian Reform and the Agrarian
Reform Special Account Fund. It strengthen the position of farmers and ▪ All public agricultural lands under agro-forest, pasture and agricultural
expanded the scope of agrarian reform. eases already cultivated and planted to crops
- Presidential Decree No. 2, September 26, 1972 -- Declared the country ▪ All public agricultural lands which are to be opened for new
under land reform program. It enjoined all agencies and offices of the development and resettlement
government to extend full cooperation and assistance to the DAR. It also ▪ All private agricultural lands in excess of 5 hectares.
activated the Agrarian Reform Coordinating Council.
- Presidential Decree No. 27, October 21, 1972 -- Restricted land reform Allowed Retention Limit under CARP
scope to tenanted rice and corn lands and set the retention limit at 7 ▪ A landowners’ retention limit shall not exceed 5 hectares.
hectares. ▪ Three (3) hectares may be awarded to a child of the landowner subject
President Corazon C. Aquino to the following qualifications:
- Executive Order No. 228, July 16, 1987 – Declared full ownership to 1. at least 15 years of age during the CARP coverage;
qualified farmer-beneficiaries covered by PD 27. It also determined the 2. actually tilling the land or directly managing the farm
value remaining unvalued rice and corn lands subject of PD 27 and
provided for the manner of payment by the FBs and mode of
compensation to landowners. Process Flow for Titling and Registration of Titled Lands
Note: DOT or Deed of Transfer refers to the document prepared by the
- Executive Order No. 229, July 22, 1987 – Provided mechanism for the
implementation of the Comprehensive Agrarian Reform Program (CARP). Land Bank of the Philippines (LBP) executed by the landowner (LO),
transferring his land to the Republic of the Philippines (RP)
- Proclamation No. 131, July 22, 1987 – Instituted the CARP as a major
program of the government. It provided for a special fund known as the
Agrarian Reform Fund (ARF), with an initial amount of Php50 billion to Process Flow
cover the estimated cost of the program from 1987-1992. 1. DARPO transmits notarized DOT and requests Register of Deed (ROD) to
- Executive Order No. 129-A, July 26, 1987 – streamlined and expanded issue Transfer Certificate of Title (TCT) in the name of RP.
the power and operations of the DAR. Requirements:
- Executive Order No. 405, June 14, 1990 – Vested in the Land Bank of the a. Letter request to register DOT and
Philippines the responsibility to determine land valuation and issues RP title
compensation for all lands covered by CARP. b. Original Copy and two additional copies
- Executive Order No. 407, June 14, 1990 – Accelerated the acquisition of DOT
and distribution of agricultural lands, pasture lands, fishponds, agro- c. Owner’s duplicate copy (ODC) of title.
forestry lands and other lands of the public domain suitable for d. Realty Tax Clearance up to end
agriculture. including the quarter prior to the
registration of the DOT.
Comprehensive Agrarian Reform Program e. In case of partial coverage, print copy
The CARP is a social justice and poverty alleviation program which seeks to of Approved Subdivision Plan and
empower the lives of agrarian reform beneficiaries (ARBs) through original copy plus two additional copies
equitable distribution and ownership of the land based on the principle of of TD.
land to the tiller. It likewise provides opportunities for a dignified and 2. Registers DOT and issues TCT in the name of RP.
improved quality of life of the Agricultural Reform Beneficiaries through 3. Release owner’s duplicate copy of RP-title to PARO or his/her duly
the provision of adequate support services for sound rural development authorized representative.
and the establishment of economic-size farms as the basis of Philippine 4. DARPO- upon receipts of RP title generates CLOA (original and owner’s
agriculture. duplicate certificate) in the name of ARB and inscribes the
encumbrance/lien in favour of the LBP
5. Requests ROD to register CLOA
Basis of CARP
Requirements:
RA 6657 or the Comprehensive Agrarian Reform Law (CARL) of 1998
a. Letter request to register CLOA
b. ODC of RP Title
Qualification of an Agrarian Reform Beneficiaries (ARBs) c. In case RP Title is subdivided, print copy of ASP and original plus two
a. Agricultural lessees and share tenants; additional copies of TD.
b. Regular farmworkers; d. Original and owner’s copy of CLOA.
c. Seasonal farmworkers; 6. Registers CLOA
d. Other farmworkers; 7. Release owner’s duplicate copy of CLOA-title to PARO or his/her duly
e. Actual tillers or occupants of public lands; authorized representatives.
f. Collective or cooperatives of the above beneficiaries; and
g. Others directly working on the land
Direct Transfer of Lands from Landowner to ARB
Voluntary Land Transfer (VLT)/ Direct Payment Scheme (DPS)
Qualification of an Agrarian Reform Beneficiary - Is a voluntary agreement between the Landowner (LO) directly
In Section 22 of RA 6657, the following can qualify: transfers the land in favour of a qualified ARB.
1. Landless as defined in RA 6657. One is considered landless if he/she - The Regional Director approves the Deed of Voluntary Land Transfer
owns less than 3 hectares of agricultural land and generated the CLOA,
2. Filipino citizen;
3. At least 15 years of age or head of the family at the time of acquisition of Factors in determining just compensation:
property; ▪ Current value of the Property
4. Has willingness, ability and aptitude to cultivate and make the land ▪ Cost of Acquisition
productive as possible. ▪ Official Assessment by government
▪ Nature of Land
How does DAR identify an ARB? ▪ Non-payment of taxes or loans secured from
a. Names and members of their immediate farm household; ▪ Sworn value by the landowner
b. Owners or administrators of the lands they work on and length of ▪ Income
tenurial relationship; ▪ Declaration of taxes
c. Location and area of the land they work; ▪ Economic and social benefits contributed by the farmers
d. Crops planted; and ▪ Real/Actual Use
e. Share in the harvest or amount of rental paid or wages received
Are CARP beneficiaries allowed to sell their lands?
Obligations of an ARB Yes in three conditions:
▪ The agricultural productivity of the land should be maintained. 1. Provided the agricultural land has been fully paid
▪ The change in the nature of the use of the land shall be protected except 2. If a 10 year period has lapsed.
with the approval of the DAR under its rules on conversion or 3. If the transferee is also qualified under the CARP and does not own more
exemption. than 5 hectares of Agricultural land.
Lands covered by CARP Documents in Transferring the ownership of an awarded landholding to
▪ Rice and corn lands under Presidential Decree No. 27 another beneficiary
▪ All idle and abandoned lands ▪ Certificate of full paymenr of anortization to be issued by LBP
▪ All private voluntarily offered by the owners for agrarian reform ▪ Certificate of full payment of irrigation fees
▪ All lands foreclosed by the government financial institutions ▪ Certification re”:loans
▪ All lands acquired by the Presidential Commission on Good Government ▪ Tax Declaration
▪ All other lands owned by the government devoted to or suitable for ▪ Affidavit of Transferor- no pending case at the DARAB
agriculture ▪ Affidavit of aggregate area of landholding
▪ All alienable and disposable public agricultural lands ▪ Certified copy of Income Tax Return
▪ Residence Certificate
▪ Certificate to be issued by the Provincial Assessors Office re:extent of
agricultural landholding within province.
Grounds in cancelling an awarded CLOA/EP
▪ Landholding involves the retention area of the landowner
▪ Landholding is exempted from coverage.
▪ Defective Notice of Coverage
▪ Landholding is outside the authority of DAR to dispose of
▪ Erroneous issued titles as a result of erroneous technical description
▪ Misuse or diversion of financial and support services extended to the
beneficiary
▪ Material misrepresentation of the beneficiaries basic qualifications
under AR laws
▪ Continued neglect or abandonment of the awarded land over a perod of
2 calendar years
▪ Absolute and deliberate failure to pay an aggregate of 3 consecutive
amortizations to the Land Bank.
▪ Conversion to non-agri use
▪ Waiver of Rights to warder lands
▪ Beneficiaries surrender of awarded land to Landowner or other non-
beneficiary
▪ Misuse of the land
Can an agricultural land be converted to a residential land?
▪ Yes. Section 65 of RA 6657 and AO 1 series of 2002 states that after the
lapse of five years from its award, when the land ceases to be
agriculturally sound and economically feasible or if the locality has
become urbanized and the land will have greater economic value for
residential, commercial or industrial purposes.
Who may apply for conversion
▪ Owners of private agricultural lands or other persons duly authorized by
the landowner.
▪ Farmer-beneficiaries of the Agrarian Reform Program after the lapse of
five years from award
▪ Government agencies, including government-owned or controlled
corporations.
Criteria for the approval of applications
1. Agricultural lands classified or zonified for non-agricultural uses by LGUs
and approved by the HLURB before June 15, 1988.
2. The lands are reclassified as commercial , industrial and residential in the
new or revised town plans promulgated by the local government unit
(LGU) and approved by the HLURB or by the Sangguniang Panlalawigan
after June 15, 1998.
3. If at the time of the application, the land still falls within the agricultural
zone, conversion shall be allowed only on the following:
a. When the land ceased to be economically feasible and sound for
agricultural purposes, as certified by the Regional Director of the
Department of Agriculture
b. When the locality has become highly urbanized and the land will
have a greater economic value for residential, commercial or
industrial purposes, as certified by the LGU
4. If the city/municipality does not have a comprehensive development
plan and zoning ordinance but the dominant use of the area surrounding
the land subject of the application for conversion is no longer
agricultural as determined by the DAR, conversion may be possible.
5. In all cases, conversion shall be allowed only if DENR issues a
certification that the conversion is ecologically sound.
Non-negotiable for Conversion
1. All irrigated lands where water is available to support rice and other crop
production.
2. All irrigated lands where water is not available for rice and other crop
production but within areas programmed for irrigation facility,
3. All irrigable lands already covered by irrigation projects with firm funding
commitments at the time of the application for land use conversion or
reclassification.
No application for conversion if….
1. DAR has issued a Notice of Acquisition under the compulsory acquisition
process
2. Voluntary offer to sell or an application for stock redistribution covering
the subject property has been received by DAR.
3. There is already a perfected agreement between the landowner and the
beneficiaries under Voluntary Land Transfer (VLT).
Documentary Requirements
1. Application for Conversion
2. Special Power of Attorney, if the petitioner is other than the owner of
the land.
3. True copy of Original Certificate of Title (OCT) or Transfer Certificate of
Title (TCT) certified by the Register of Deeds
4. Location Plan, Vicinity Map of the land and Area Development Plan
including Work and Financial Plan, statement of justification of
economic/social benefits of the project and recent photographs of the
property being applied for conversion.
5. Proof of financial and organizational capability to develop the land, such
as:
a. Profile of developer, including details of past or current
development projects
b. Financial Statements duly authenticated by a certified public
accountant
c. Articles of Incorporation or Partnership, if the applicant/developer is
a corporation
6. Zoning certification from the HLURB Regional Officer when the subject
land is within a city/municipality
7. Certification of the Provincial Planning and Development Coordinator
that the proposed use conforms with the approved land use plan.
8. Certification from the Regional Irrigation Manager of NIA or the
President of the cooperative or irrigator’s association, if the system is
administered by a cooperative or association or whether or not the area
is under an irrigation project.
9. Certification from the DENR Regional Director concerned that the
proposed conversion is ecologically sound.
10. Additional requirements if at the time of the application, the land is
within the Agricultural zone:
a. Certification from the DA Regional Director concerned, that the land
has ceased to be economically feasible and sound for agricultural
purposes.
b. Certification from the local government unit that the land or locality
has become highly urbanized and will have greater economic value
for commercial, industrial and residential purposes.
c. Municipal/city resolution favourably indorsing the application for
conversion.
Additional Requirements:
A. If the applicant is a beneficiary of the agrarian reform program
1. Certification from DAR that the application is the actual farmer-
awardee, and that at least five years have lapsed since the award of
land to him.
2. Certification from the Land Bank of the Phil. In the area that the
farmer-awardee has fully paid his obligation
b. If the application involves land with areas of five hectares
- the applicant shall submit a sworn statement stating that he/she has
not previously filed a similar application over a portion of the same
titled property.
c. If the application involves if the land is planted to coconut trees.
- Certifcation from the Philippine Coconut Authority that the majority of
the coconuts in the subject land had become economically
unproductive.
Procedures:
A. Applicants:
1. Applicant Secures the Land Use Conversion Forms.
2. Applicant shall attach the documents.
3. Applicant shall submit the completed documents to the DAR
Regional CLUPPI (center for Land Use Planning Policy
Implementation)
4. Application which are not fully supported by the required
documents will not be acted upon but the applicant will be
informed accordingly.
B. Regional Center for Land Use Planning Policy and Implementation:
1. Review required documents for completeness and compliance
with all requisites
2. Prepare the Notice of Posting and transmit the same to the DAR
Municipal Office
3. Conduct field investigation and dialogue with the applicants and
affected farmers-beneficiaries.
4. Ensure by that the investigation report duly signed by the
investigating team.
5. Prepare Findings and Investigation
6. Prepare for land use conversion folder for every application
attaching all document.
7. Indorse through the Regional Director for approval or disapproval
if the land is 5 hectares or less.
Note: Undersecretary for Policy and Planning shall approve or
disapprove the conversion if the land is 5 to 50 hectares
- Secretary for 50 hectares and above
Cancellation or Withdrawal of Approval
a. Misrepresentation or concealment of material facts
b. Failure to implement and complete the land development of the area
within the specified time
c. Any other violations of the rules and regulations which are material to
the grant of the conversion.
1994 Administrative Order 12 – Consolidated and Revised Rules and
Procedures Governing Conversion of Agriculutral Lands to Non-Agricultural
Uses