MANDATE (E.O. 192, s.

1987)
The Department is the primary agency responsible for the conservation, management,
development, and proper use of the country’s environment and natural resources, specifically
forest and grazing lands, mineral resources, including those in reservation and watershed areas,
and lands of the public domain, as well as the licensing and regulation of all natural resources
as may be provided for by law in order to ensure equitable sharing of the benefits derived
therefrom for the welfare of the present and future generations of Filipinos.
To accomplish this mandate, the Department shall be guided by the following objectives:
1. Assure the availability and sustainability of the country's natural resources through judicious
use and systematic restoration or replacement, whenever possible;  
2.  Increase the productivity of natural resources in order to meet the demands for forest,
mineral, and land resources if a growing population;  
3.  Enhance the contribution of natural resources for achieving national economic and social
development;  
4.  Promote equitable access to natural resources by the different sectors of the population; and  
5.  Conserve specific terrestrial and marine areas representative of the Philippine natural and
cultural heritage for present and future generations.

VISION
 

A nation enjoying and sustaining its natural resources and a clean and healthy environment.

MISSION
 

To mobilize our citizenry in protecting, conserving, and managing the environment and natural
resources for the present and future generations.

DEVELOPMENT GOAL
 

Human well-being, and environmental quality and sustainability ensured. 

ORGANIZATIONAL OUTCOMES 


 Promote human well-being and ensure environmental quality

 Sustainably-managed environment and natural resources
 Adaptive capacities of human communities and natural sytems ensured 
ENR DEVELOPMENT PRINCIPLE 
 Good Governance
 Accountability, transparency, integrity, participatory and predictability
 Ease of doing business
 Social justice
 Equity and gross national happiness
 Social Enterpreneurship
 Partnership with Civil Society
 Ecosystem integrity
 Sustainable consumption and production
 Polluters pay
 Payment for ecosystem services
 Rule of law
 Honoring global commitments

KEY STRATEGIES 
1. Adoption of the watershed/river basin framework in planning


 Prioritizing areas within the watershed

 Forest Land Use Planning
 Adopting soil and water conservation measures
 Agroforestry systems
2. Closing open access areas of forestlands by granting appropriate tenure/ management
arrangement
3. Convergence approach among NGAs, LGUs and CSOs
4. Area management approach - an integrated area development where all basic societal and
 economic services are delivered in an area for more impact
5. Capacity building of DENR frontliners, LGus, CSO partners, POs and docial entrepreneurs
6. IEC, advocacy and social mobilization
7. Certification Systems

RA 6713

An act establishing a code of conduct and ethical standards for public officials and
employees, to uphold the time-honored principle of public office being a public trust,
granting incentives and rewards for exemplary service, enumerating prohibited acts and
transactions and providing penalties for violations thereof and for other purposes

It is hereby declared a national policy to prevent, abate and control pollution of water,
air and land for the more effective utilization of the resources of this country.

P.D. 1151(1979) – Philippine Environmental Policy

– defines the general policies on the pursuit of a better quality of life for the present and
future generations and mandates the undertaking the environmental impact
assessments for all projects, which may significantly affect the environment.

P.D. 1152(1977) – Air Quality Management

– to achieve and maintain such levels of air quality as to protect public health and to
prevent to the greatest extent practicable, injury and or damage to plant and animal life
and property, and promote the social and economic development of the country.

P.D. 1586(1978) – Establishing an Environment Impact Statement System, Including

Other Environmental Management Related.

-Defines the framework for the implementation of the environmental impact assessment
as the mechanism to reconcile the impacts of development projects on society and the
physical environment.

P.D. 389(1974) (P.D. 705) – The Forestry Reform Code

– codifies, updates and raises forestry laws in the country. It emphasizes the sustainable
utilization of forest resources.

P.D. 330 & P.D. 953 – Laws on Penalizing Illegal Cutting of Trees

– Public forests and forest reserves are important natural resources of the country which
must be preserved and conserved for future generations it is the solemn duty of every
citizen to protect public forest and forest reserves from indiscriminate logging, senseless
denudation and wanton destruction to the detriment of the present and future
generations.

P.D. 953 & 1153 – Laws on Tree Planting

-The planting of trees on lands adjoining the edge of rivers and creeks in both a
measure of beautification and reforestation and the planting of trees along roads and
areas intended for the common use of owners of lots in subdivisions will provide shade
and healthful environment therein.

P.D. 331(1973) – Requiring that all Public Forests be developed, Managed, and Utilized
on a Sustainable Yield Basis with the Benefit of Technical Forestry know-how of
Registered Foresters.

-The Philippine forests are the patrimony of the Filipino people and as such they have to
be developed, managed, and utilized in such a manner as to insure their perpetuity in
productive condition for the benefit of all Filipinos, living or yet to be born

P.D. 704(1974) – Preservation of Optimum Productivity of Fishery Resources through

Conservation and Protection.
– there is a compelling need to increase the production of fish to bring down its price to
a level which will be within the reach of our people, and at the same time insure the
continuity of out fishery resources in productive condition through wise utilization and
proper conservation

P.D. 1015(1976) – Banning the Operation of Commercial Fishing within a Distance of 7

Kilometers from the Shoreline.

– It is the policy of the state to uplift the economic condition of the municipal and small-
scale fishermen

P.D. 1058(1976) – Increasing the Penalties for Illegal forms of Fishing.

-There is a need to increase the penalties for certain acts prohibited by existing penal
laws for a more effective protection of the nation’s fish resources

P.D. 1219(1977) – Providing for the Protection of Coral Ecosystems.

– It is necessary that the exploration, exploitation, utilization and conservation of these

resources be properly regulated to ensure the preservation of the country’s marine
environment.

P.D. 1067(1976) – Water Code of the Philippines

– adopts adequate measures to conserve and regulate the use of water in commercial,
industrial and residential areas. It also provides other policy guidelines in water quality
and management of water resources.

P.D. 463(1974) – Providing for a modernized system of administration and disposition of

mineral lands and to promote and encourage the development of exploitation.

-Mineral production is a major support of the national economy, and therefore the
intensified discovery, exploration, development and wise utilization of the country’s
mineral resources are urgently needed for national development.

P.D. 1198(1977) – Reinforces this provision for restoration of mined-out areas to this
original condition to the extent possible.

– it is the policy of the State to create, develop, maintain and improve conditions under
which man can be most productive and to insure the attainment of an environmental
quality that enhances his dignity and well-being
P.D. 1251(1977) – Imposing a fee on operating mining companies to be known as “mine
wastes and tailing fee” to compensate for damages to private landowners

-A semi-annual fee to be known as “Mine Wastes and Tailings Fee” is hereby imposed
on all operating mining companies at such amount/s to be determined by the Secretary
of National Resources, upon the recommendation of the Director of Mines.

P.D. 984(1976) – The Revision of Republic Act No. 3931, Commonly Known as the
Pollution Control Law.

-It is hereby declared a national policy to prevent, abate and control pollution of water,
air and land for the more effective utilization of the resources of this country.

P.D. 1181(1977) (supplements the provision of P.D. 984) – Providing for the Abatement,
Control and Prevention of Vehicular Pollution & Establishing the Maximum Allowance
Emissions of Specific air Pollutants from all Types of Vehicle.

-It is the purpose of this Decree to prevent, control, and abates the emission of air
pollution from motor vehicles in order to protect the health and welfare of the people
and to prevent or minimize damage to property and hazards to land transportation.

P.D. 600(1974) (amended by P.D. 979) – Water Pollution Control

– prohibits the discharge of oil, noxious liquid substances, and other harmful substances
into the country’s inland and territorial waters.

P.D. 825(1975) – Providing Penalty for Improper Disposal of Garbage and other forms of
Uncleanliness

-One of the principal aims of the New Society is to effect social, economic and political
reform through discipline and order;

P.D. 856(1975) – Sanitation Code

– Places the responsibility in the local government units for he solid waste management
in his area of production.

P.D. 1144(1977) – Control of Pesticides

– It is a Government policy to provide adequate assistance to the agricultural sector in

line with national objective of increasing food production;
R.A. 8749 – Philippine Clean Air Act of 1999

– provides for a comprehensive air pollution control policy

R.A. 7160 – Local Government Code of 1991

-Provides that local government should share with the national government the
responsibility in the management and maintenance of ecological balance within their
territorial jurisdiction subject to national policies and other pertinent provisions of the
code.

R.A. 6969(1990) – Toxic Substances and Hazardous and Nuclear Wastes Control Act

– Authorizes the DENR to establish a program to regulate, restrict or prohibit the

importation, manufacture, processing, sale, destruction, use and disposal of chemical
substances, and mixture that present unreasonable risk and/or injury to health or the
environment.

R.A. 8550(1998) – The Fisheries Code of the Philippines

-Defines the policies of the state in the protection, conservation and effective
management of fisheries stock as well as identifying allowable fishing methods in
Philippine coastal waters.

R.A. 9003 – The Solid Waste Management Act of 2001

-An act providing for an ecological solid waste management program, creating the
necessary institutional mechanisms and incentives, declaring certain acts prohibited and
providing penalties, appropriating funds therefore, and for other purposes.

R.A. 9275- Philippine Clean Water Act of 2004

-An act providing a comprehensive water quality management and for other purposes.

R.A. 9729 – Climate Change Act of 2009.

-An act mainstreaming climate change into government policy formulations,

establishing the framework strategy and program on climate change, creating for this
purpose the climate change commission, and for other purposes.
Republic Act 9003: Ecological Solid Waste Management Act of 2000

Year of Enactment Enacted in 2000 / Enforcement 2003

and Implementation
Purpose Republic Act 9003 provides a systematic, comprehensive, and
ecological solid waste management program in the country.
Control Area Nationwide
Overview  In Metro Manila, every resident generates about half a kilo of
wastes a day. With an estimated population of 10.5 million,
total waste generated in Metro Manila alone could run up to
5,250 metric tons per day or 162,750 metric tons per month or
1.95 million metric tons per year. Definitely, this is a lot of
waste to speak of. The situation is worse if the daily waste
generation is to be multiplied to the country’s population of
80 million.
 Given the voluminous wastes generated daily, only about
73% of the 5,250 metric tons of wastes in Metro Manila are
collected by dump trucks. The remaining 27% of our daily
wastes or about 1,417.5 metric tons end up in canals, vacant
spaces, street corners, market places, rivers, and the like.
 The gravity of this environmental concern was underscored
with the Payatas dumpsite tragedy in Quezon City when some
60,000 cubic meters of waste slid down the northern part of
the dumpsite killing about 250 people. This tragedy
accelerated national realization that a systematized
management of the country’s wastes is an emergency matter.

Features  Establishment of the National Solid Waste Management

Commission and the National Ecology Center which will
oversee and ensure the implementation of the Act, and
undertake training and education of the Act, respectively;
 Creation of Solid Waste Management Boards at the
provincial, city/municipality and barangay levels;
 Preparation of a National Solid Waste Management Status
Report that will contain an inventory of existing solid waste
facilities, waste characterization, waste generation projections
and other pertinent information. The report will be the basis
for the development of a National Solid Waste Management
Systems Framework which will eventually guild local
government units (LGUs) in the preparation of their
 respective plans;
 Diversion of 25% of solid wastes by LGUs from waste
disposal facilities through reuse, recycling and composing
activities within five years after the effectivity of the Act;
 Establishment of a Materials Recovery Facility in every
barangay or cluster of barangays;
 Closure/upgrading of open dumpsites into controlled
dumpsites within three years after the effectivity of the Act;
 Mandatory waste segregation and recycling at the barangay
level;
 Civil, criminal and administrative liability of violators;
 Incentives will be given to LGUs, private entities and NGOs
to encourage participation in ecological solid waste
management;
 Fees shall be levied on all waste generators for solid waste
management services. Fines and penalties have also been set
for violators.

Presidential Decree No. 1151/Philippine Environmental Policy

Year of Enactment Enacted in June 6, 1977

and Implementation
Purpose To protect the right of the people to a healthy environment through a
requirement of environmental impact assessments and statements
Control Area Nationwide
Overview  Conflicting demands of population growth, urbanization,
industrial expansion, rapid natural resources utilization, and
increasing technological advances have resulted in a piecemeal-
approach concept of environmental protection.
 The tunnel-vision concept is not conducive to the attainment of
an ideal environmental situation where man and nature can thrive
in harmony with one another.
 There is now an urgent need to formulate an intensive, integrated
program of environmental protection that will bring about a
concerted effort towards the protection of the entire spectrum of
the environment through a requirement of environmental impact
assessments and statements.

Features  Declares a continuing policy of the State (a) to create,  develop,

maintain, and improve conditions under which man and nature
can thrive in productive and enjoyable harmony with each other,
 (b) to fulfill the social, economic, and other requirements of
present and future generations of Filipinos, (c) to ensure the
attainment of an environmental quality that is conducive to a life
of dignity and well being
 In pursuing this policy , it shall be the responsibility of the
government, in cooperation of concerned private organizations
and entities, to use all practicable means, consistent with other
essential considerations of national policy, in promoting the
general welfare to the end that the nation may (a) recognize,
discharge, and fulfill the responsibilities of each generation as
trustee and guardian of the environment for the succeeding
generations, (b) assure the people of a safe, decent, helpful,
productive, and aesthetic environment, (c) encourage the widest
exploitation of the environment without degrading it, or
endangering human life, health, and safety or cr4eating
conditions adverse to agriculture, commerce, and industry, (d)
preserve important historic and cultural aspects of the Philippine
heritage, (e) attain a rational and orderly balance between
population and resource use, (f) improve the utilization of
renewable and nonrenewable resources.
 In furtherance of these goals and policies, the government
recognizes the right of the people to a healthful environment. It
shall be the duty and responsibility of each individual to
contribute to the preservation and enhancement of the Philippine
environment.
 Pursuant to the above enunciated policies and goals, all agencies
and instrumentalities of the national government, including all
government owned and controlled corporations as well as private
corporations and firms and entities shall prepare, file, and
include in every action, project, or undertaking which
significantly affects the quality of the environment a detailed
statement on:
a. the environmental impact of the proposed action, project,
or undertaking;
b. any adverse environmental effect which cannot be
avoided should the proposal be implemented;
c. alternative to the proposed action;
d. a determination that the short-term uses of the resources
of the environment are consistent with the maintenance
and enhancement of the long-term productivity of the
same; and
e. whenever a proposal involves the use of depletable or
nonrenewable resources, a finding must be made that
such use and commitment are warranted
Republic Act 9275: The Philippine Clean Water Act

Year of Enactment and Enacted in 2004

Implementation Implementing Rules and Regulations – On-going preparations

Purpose The Philippine Clean Water Act of 2004 aims to protect the country’s water
bodies from pollution from land-based sources (industries and commercial
establishments, agriculture and community/household activities). It provides
for a comprehensive and integrated strategy to prevent and minimize
pollution through a multi-sectoral and participatory approach involving all the
stakeholders

Control Area Nationwide

Overview  As early as 1996, monitory of the country’s rivers showed that only
51% of the classified rivers still met the standards for their most
beneficial use. The rest were polluted from domestic, industrial and
agricultural sources
 Most studies point to the fact that domestic wastewater is the
principal cause of organic pollution (at48%) of our water bodies. Yet,
only 3% of investments in water supply and sanitation were going to
sanitation and sewage treatment.
 A recent World Bank report pointed out that Metro Manila was
second to the lowest in sewer connections among major cities in Asia
and less that 7% compared to 20% for Katmandu, Nepal and 30% for
Dhaka, Bangladesh.
 Thirty-one percent (31%) of all illnesses in the country are attributed
to polluted waters. Clearly, to ensure access to clean water for all
Filipinos, it was imperative that government put together a
comprehensive strategy to protect water quality.

Features  Management of water quality will either be based on watershed, river

basis or water resources region. Water quality management areas
with similar hydrological, meteorological or geographic conditions
which affect the reaction and diffusion of pollutants in water bodies
are to be designated by the DENR in coordination with the National
Water Resources Board (NWRB)
 Management will be localized. Multi-sectoral governing boards will be
established to manage water quality issues within their jurisdiction
 Governing Boards shall be composed of representatives of mayors
and governors as well as local government units, representatives of
relevant national government agencies, duly registered non-
government organizations, the concerned water utility sector and the
business sector.
 The governing boards will formulate strategies to coordinate policies
 necessary for the effective implementation of this Act. They will
create a multi-sectoral group to establish and effect water quality
surveillance and monitoring.
 All owners or operators of facilities that discharge wastewater are
required to get a permit to discharge from the DENR or the Laguna
Lake Development Authority. Existing industries without any permit
are given 12 months from the effectivity of the implementing rules
and regulations (IRR) promulgated pursuant to this Act to secure a
permit to discharge.
 The Department of Public Works and Highways (DPWH), in
coordination with local government units will prepare a national
program on sewage and septage management not later than 12
months from effectivity of this Act. A priority list will likewise be
prepared which will be the basis for the allotment of funds on an
annual basis by the national government for the construction and
rehabilitation of required facilities.
 Local-government units will provide the land including road right of
the way for the construction of sewage and/or septage treatment
facilities and raise funds for the operations and maintenance of said
facilities.
 The Department of Health (DOH) will formulate guidelines and
standards for the collections, treatment and disposal of sewage as
well as the guidelines for the establishment and operation of
centralized sewage treatment system. The MWSS and other agencies
mandated to provide water supply and sewerage facilities are
required to connect existing sewage lines, subject to the payment of
sewerage service charges/fees within five years following effectivity
of this Act.
 All sources of sewage and septage are required to comply with the
law.
 Anyone discharging wastewater into a water body will have to pay a
wastewater charge. This economic instrument which will be
developed in consultation with all concerned stakeholders is expected
to encourage investments in cleaner production and pollution control
technologies to reduce the amount of pollutants generated and
discharged.
 Rewards will also be given to those whose wastewater discharge is
better that the water quality criteria of the receiving body of water.
Fiscal and non-fiscal incentives will also be given to LGUs, water
districts, enterprise, private entities and individuals who develop and
undertake outstanding and innovative projects in water quality
management.
 All possible discharges are required to put up an environmental
guarantee fund (EGF) as part of their environmental management
plan. The EGF will finance the conservation of watersheds and
aquifers, and the needs of emergency response, clean up or
rehabilitation.
 Among other, the Act prohibits the following:
o Discharging or depositing any water pollutant to the water
body, or such which will impede natural flow in the water
body
o Discharging, injecting or allowing to enter into the soil,
anything that would pollute groundwater
o Operating facilities that discharge regulated water pollutants
without the valid required permits
o Disposal of potentially infectious medical waste into sea by
vessels
o Unauthorized transport or dumping into waters or sewage
sludge or solid waste
o Transport, dumping or discharge of prohibited chemicals,
substances or pollutants listed under Toxic Chemicals,
Hazardous and Nuclear Wastes Control Act (Republic Act No.
6969)
o Discharging regulated water pollutants without the valid
required discharge permit pursuant to this Act
o Noncompliance of the LGU with the Water Quality
Framework and Management Area Action Plan
o Refusal to allow entry, inspection and monitoring as well as
access to reports and records by the DENR in accordance with
this Act
o Refusal or failure to submit reports and/or designate
pollution control officers whenever required by the DENR in
accordance with this Act
o Directly using booster pumps in the distribution system or
tampering with the water supply in such a way to alter or
impair the water quality
o Operate facilities that discharge or allow to seep, willfully or
through grave negligence, prohibited chemicals, substances,
or pollutants listed under R.A. No. 6969, into water bodies
o Undertake activities or development and expansion of
projects, or operating wastewater treatment/sewerage
facilities in violation of P.D. 1586 and its IRR.
 Anyone who commits prohibited acts such as discharging untreated
wastewater into any water body will be fined for every day of
violation, the amount of not less than Php 10,000 but not more than
Php 200,000. Failure to undertake clean-up operations willfully shall
be punished by imprisonment of not less than two years and not
more than four years. This also includes fine of not less than Php
50,000 and not more that Php 100,000 per day of violation. Failure or
refusal to clean up which results in serious injury or loss of life or lead
to irreversible water contamination of surface, ground, coastal and
marine water shall be punished with imprisonment of not less than 6
years and 1 day and not more than 12 years and a fine of Php
500,000/day for each day the contamination or omission continues. In
 cases of gross violation, fine of not less that Php 500,00 but not more
than Php 3,000,000 will be imposed for each day of violation. Criminal
charges may also be filed.

Presidential Decree No. 1152/Philippine Environment Code

Year of Enactment and Enacted in June 6, 1977

Implementation

Purpose To achieve and maintain such levels of air quality as to protect public health
and to prevent to the greatest extent practicable, injury and/or damage to
plant and animal life and property, and promote the social and economic
development of the country

Control Area Nationwide

Overview  The broad spectrum of environment has become a matter of vital

concern to the government
 The national leadership has taken a step towards this direction by
creating the National Environmental Protection Council
 It is necessary that the creation of the Council be complemented with
the launching of comprehensive program of environmental protection
and management
 Such a program can assume tangible and meaningful significance only
by establishing specific environment management policies and
prescribing environment quality standards in a Philippine
Environment Code

Features  Provided a comprehensive program of environmental protection and

management.  The Code established specific environment
management policies and prescribes environmental quality standards.
 To achieve and maintain such levels of air quality as to protect public
health and to prevent to the greatest extent practicable, injury and/or
damage to plant and animal life and property, and promote the social
and economic development of the country
 Prescribe management guidelines to protect and improve water
quality through: classification of Philippine waters, establishment of
water quality standards, protection and improvement of the quality
of the Philippine water resources, and responsibilities for surveillance
and mitigation of pollution incidents
  Set guidelines for waste management with a view to ensuring its
effectiveness, encourage, promote and stimulate technological,
educational, economic and social efforts to prevent environmental
damage and unnecessary loss of valuable resources of the nation
through recovery, recycling and re-use of wastes and wastes
products, and provide measures to guide and encourage appropriate
government agencies in establishing sound, efficient, comprehensive
and effective wastes management covering both solid and liquid
wastes

Republic Act No. 6969 or the Toxic Substances and Hazardous and
Nuclear Waste Control Act of 1990

Year of Enactment and Enacted and Implemented in 1990

Implementation

Purpose Control of Toxic Substances and Hazardous and Nuclear Waste

Control Area Nationwide

Overview  It has been recognized that the public and the environment are at risk
in the use or exposure to chemicals as well as the long term damage
brought about by careless handling or disposal of hazardous wastes
 To control, supervise and regulate activities on toxic chemicals and
hazardous waste. Under this act importation, manufacture,
processing, handling, storage, transportation, sale, distribution, use
and disposal of all unregulated chemical substances and mixtures in
the Philippines, as well as the entry even in transit, or storage and
disposal of hazardous and nuclear wastes are regulated.

Features  The Department of Environment and Natural Resources shall be the

implementing agency and shall be assisted by the Inter-Agency
Advisory Council
 It provides for the regulation of all chemical substances that may pose
threat to public health and the environment through import,
manufacture, sale, use, distribution, and disposal as well as the
regulation of all hazardous wastes from generation, transport,
storage, re-use/recycling, treatment and disposal
 Registration of the following is required to ensure that industrial
 economic growth is achieved in an environmentally sound manner to
effectively manage hazardous wastes in order to minimize human and
environmental impacts cause by industrial activities:
o Hazardous wastes generators
o Hazardous wastes treater
o Hazardous wastes transporter
 Violators shall be subject to fines, imprisonment, dismissal from
office, confiscation and forfeiture chemical substances and mixtures
in favor of the government, deportation and barred from entry into
the Philippines in case of foreigner

Presidential Decree NO. 1067 otherwise known as the Water Code of the
Philippines

Year of Enactment and Enacted in 1976

Implementation

Purpose Appropriation, Control and Conservation of Water Resources

Control Area Nationwide

Overview  Water legislations are piecemeal inadequate to cope with increasing

scarcity of water and changing patterns of water use
 There is a need for a Water Code based on rational concepts of
integrated and multi-purpose management of water resources and
sufficiently flexible to adequately meet future developments
 Water is vital national development and it has become increasingly
necessary for government to intervene actively in improving the
management of water resources;

Features  Basic principles and framework relating to the appropriation, control

and conservation of water resources to achieve the optimum
development and rational utilization of these resources are
established;
 The extent of the rights and obligation of water users and owners
including the protection and regulation of such rights are defined;
 A basic law governing the ownership, appropriation, utilization,
exploitation, development, conservation and protection of water
resources and rights to land related thereto is adopted
 The administrative agencies which will enforce this Code are
 identified.

The Philippines is one of the world’s 18 mega-diversity countries, which

collectively host more than 70% of the world’s species. It exhibits very high
species endemism at it is home to at least 25 genera of plant and 49% of
terrestrial fauna; it hosts more than 52,177 described species of which more than
half is found nowhere else in the world. On a per unit area basis, the Philippines
probably harbors more diversity of life than any other country on the planet.
However, it is also the “hottest of the hotspots” in terms of biological diversity
because of the rapid rate of habitat destruction, ineffective implementation and
weak enforcement of existing laws.

The National Integrated Protected Areas System Act of 1992 (Republic Act No.
7586, NIPAS Act) was enacted “to secure for the Filipino people of present and
future generations the perpetual existence of all native plants and animals
through the establishment of a comprehensive system of integrated protected
areas within the classification of national park as provided for in the Constitution”
(Section 2, NIPAS Act).

The NIPAS Act provides the legal framework for the establishment and
management of protected areas (PAs) in the Philippines, and that the use and
enjoyment of these protected areas must be consistent with the principles of
biological diversity and sustainable development.

NIPAS is the classification and management of all designated PAs, in order to

maintain essential ecological processes and life support systems, preserve
genetic diversity, ensure sustainable use of resources found therein, and
maintain their natural conditions to the greatest extent possible.

Congress is presently amending the National Integrated Protected Areas System

Act to build broader stakeholder support for PAs and management objectives,
build capacity for PAs management and a more effective management
responsive to the challenges of climate change and other concerns.
REPUBLIC ACT NO. 7586 (The NIPAS Act
of 1992)
purpose

To secure for the Filipino people of present and future generations the
perpetual existence of all native plants and animals through the establishment
of a comprehensive system of integrated protected areas within the
classification of national park as provided for in the Constitution.

scope
All areas or islands in the Philippines proclaimed, designated or set aside,
pursuant to a law, presidential decree, presidential proclamation or executive
order as national park, game refuge, bird and wildlife sanctuary, wilderness
area, strict nature reserve, watershed, mangrove reserve, fish sanctuary,
natural and historical landmark, protected and managed landscape/seascape
as well as identified virgin forests before the effectivity of NIPAS dated June
10, 1992.

Protected areas
National Integrated Protected Areas System (NIPAS) shall encompass
outstandingly remarkable areas and biologically important public lands that
are habitats of rare and endangered species of plants and animals,
biogeographic zones and related ecosystems, whether terrestrial, wetland or
marine, all of which shall be designated as "protected areas".

Prohibited Acts Within Protected Areas

1. Hunting, destroying, disturbing, or mere possession of any plants or
animals or products derived therefrom without a permit from the
Management Board;
2. Dumping of any waste products detrimental to the protected area, or to
the plants and animals or inhabitants therein;
3. Use of any motorized equipment without a permit from the Management
Board;
4. Mutilating, defacing or destroying objects of natural beauty, or objects of
interest to cultural communities (of scenic value);
5. Damaging and leaving roads and trails in a damaged condition;
6. Squatting, mineral locating, or otherwise occupying any land;
7. Constructing or maintaining any kind of structure, fence or enclosures,
conducting any business enterprise without a permit;
 8. Leaving in exposed or unsanitary conditions refuse or debris, or
depositing in ground or in bodies of water; and
9. Altering, removing destroying or defacing boundary marks or signs.
Except as may be allowed by the nature of their categories and pursuant to
rules and regulations governing the same, the following acts are prohibited
within protected areas:
Penalties
Whoever violates this Act or any rules and regulations issued by the
Department pursuant to this Act or whoever is found guilty by a competent
court of justice of any of the offenses in the preceding section shall be fined in
the amount of not less than Five thousand pesos (P5,000) nor more than Five
hundred thousand pesos (P500,000), exclusive of the value of the thing
damaged or imprisonment for not less than one (1) year but not more than six
(6) years, or both, as determined by the court.

If the area requires rehabilitation or restoration as determined by the court, the

offender shall: restore or compensate for the restoration to the damages:
Provided, further, that court shall order the eviction of the offender from the
land and the forfeiture in favor of the Government of all minerals, timber or
any species collected or removed including all equipment, devices and
firearms used in connection therewith, and any construction or improvement
made thereon by the offender.

Establishment of Buffer Zones

Buffer zones - are identified areas outside the boundaries of and immediately
adjacent to designated protected areas that need special development control
in order to avoid or minimize harm to the protected area.

For each protected area, there shall be established peripheral buffer zones
when necessary, in the same manner as Congress establishes the
protected area, to protect the same from activities that will directly and
indirectly harm it. Such buffer zones shall be included in the individual
protected area management plan that shall prepare for each protected area.
Management Plans
There shall be a general management planning strategy. The purpose of
which are as follows:
1. To serve as guide in formulating individual plans for each protected area.
2. To promote the adoption and implementation of innovative management
techniques including if necessary, the concept of zoning, buffer zone
 management for multiple use and protection, habitat conservation and
rehabilitation, diversity management, community organizing,
socioeconomic and scientific researches, site-specific policy
development, pest management, and fire control.
3. To provide guidelines for the protection of indigenous cultural
communities, other tenured migrant communities and sites for close
coordination between and among local agencies of the Government as
well as the private sector.
Administration and Management of the System
1.DENR
2. Conservation and Development Division.
Control and Administration
2.1 Created in regions where protected areas have been established, which shall be under the supervision of a Regional
Technical Director
2.2 To manage protected areas and promote the permanent preservation, to the greatest extent possible of their natural
conditions

Environmental Impact Assessment

 Proposals for activities which are outside the scope of the management
plan for protected areas shall be subject to an environmental impact
assessment as required by law before they are adopted, and the results
thereof shall be taken into consideration in the decision-making process.
 No actual implementation of such activities shall be allowed without the
required Environmental Compliance Certificate (ECC) under the
Philippine Environmental Impact Assessment (EIA) system. In instances
where such activities are allowed to be undertaken, the proponent shall
plan and carry them out in such manner as will minimize any adverse
effects and take preventive and remedial action when appropriate. The
proponent shall be liable for any damage due to lack of caution or
indiscretion.
Survey for Energy Sources
Protected areas, except strict nature reserves and natural parks, may be
subjected to exploration. This is only allowed when:
1. The purpose of gathering information on energy resources; and,
2. If such activity is carried out with the least damage to surrounding areas. 
Surveys shall be conducted only in accordance with a program approved by
the DENR, and the result of such surveys shall be made available to the
public and submitted to the President for recommendation to Congress. 
 What is the Wildlife Act?
The Act provides for the conservation, preservation and protection of wildlife
species and their habitats, in order to preserve and encourage ecological
balance and biological diversity. It provides, furthermore, for the control and
supervision of wildlife capture, hunting and trade. Finally, it pprovides for
supporting and promote scientific research on the protection of biodiversity.

The provisions of this Act shall apply to all wildlife species overall, including
those living in the protected areas as per the Republic Act No. 7586, National
Integrated Protected Areas System (NIPAS) Act and also to exotic species
that could be traded,live, and/or bred in captivity or propagated in the country.

The Department of Environment and Natural Resources (DENR) shall preside

over all terrestrial plants and animals, turtles and tortoises and wetland
species, including also crocodiles, waterbirds and all amphibians and dugong;
while the Department of Agriculture (DA) shall provide for all aquatic habitats
deemed critical, all aquatic resources including all fishes, aquatic plants,
invertebrates and all marine mammals, except dugong. 

REPUBLIC ACT NO. 9147 (The Wildlife

Act of 2001)
Purpose

It shall be the policy of the State to conserve the country's wildlife resources
and their habitats for sustainability. In the pursuit of this policy, this Act shall
have the following objectives:
1. to conserve and protect wildlife species and their habitats to promote
ecological balance and enhance biological diversity;
2. to regulate the collection and trade of wildlife;
3. to pursue, with due regard to the national interest, the Philippine commitment
to international conventions, protection of wildlife and their habitats; and
4. to initiate or support scientific studies on the conservation of biological
diversity.
Scope
The provisions of this Act shall be enforceable for all wildlife species found in
all areas of the country, including protected areas under Republic Act No.
7586, otherwise known as the National Integrated Protected Areas System
(NIPAS) Act, and critical habitats. This Act shall also apply to exotic species
which are subject to trade, are cultured, maintained and/or bred in captivity or
propagated in the country.
Jurisdiction of DENR and DA
The Department of Environment and Natural Resources (DENR) shall have
jurisdiction over all terrestrial plant and animal species, all turtles and tortoises
and wetland species, including but not limited to crocodiles, waterbirds and all
amphibians and dugong. The Department of Agriculture (DA) shall have
jurisdiction over all declared aquatic critical habitats, all aquatic resources
including but not limited to all fishes, aquatic plants, invertebrates and all
marine mammals, except dugong. The secretaries of the DENR and the DA
shall review, and by joint administrative order, revise and regularly update the
list of species under their respective jurisdiction. In the Province of Palawan,
jurisdiction herein conferred is vested to the Palawan Council for Sustainable
Development pursuant to Republic Act No. 7611.

Categories of Wildlife Species:

CRITICALLY ENDANGERED SPECIES
refers to a species or subspecies that is facing extremely high risk of extinction in the wild in the
immediate future.
Ex. Philippine naked back fruit bat

ECONOMICALLY IMPORTANT SPECIES

means species or subspecies which have actual or potential value in trade or utilization for
commercial purpose
Ex. Carabao

ENDANGERED SPECIES
refers to species or subspecies that is not critically endangered but whose survival in the wild is
unlikely if the causal factors continue operating;
Ex. Philippine freshwater crocodile
ENDEMIC SPECIES
species or subspecies which is naturally occurring and found only within specific areas in the
country;
ex. Northern Luzon Giant Cloud Rat

EXOTIC SPECIES
species or subspecies which do not naturally occur in the country;
ex. Philippine Bamboo Bat

INDIGENOUS WILDLIFE
species or subspecies of wildlife naturally occurring or has naturally established population in
the country
ex. Philippine Bleeding Heart

THREATENED SPECIES
a general term to denote species or subspecies considered as critically endangered, endangered,
vulnerable or other accepted categories of wildlife whose population is at risk of extinction
ex. Palawan Flying Fox

VULNERABLE SPECIES
refers to species or subspecies that is not critically endangered nor endangered but is under threat
from adverse factors throughout their range and is likely to move to the endangered category in
the near future;
ex. Blue-capped Kingfisher
 Prohibited Acts and their Penalties

Killing and destroying wildlife species, except in the

following instances:
 when it is done as part of the religious rituals of established tribal groups or indigenous cultural communities;
 when the wildlife is afflicted with an incurable communicable disease;
 when it is deemed necessary to put an end to the misery suffered by the wildlife;
 when it is done to prevent an imminent danger to the life or limb of a human being; and
 when the wildlife is killed or destroyed after it has been used in authorized research or experiments.

 If inflicted or undertaken against species listed as critical: imprisonment of a minimum of six (6) years and one
(1) day to twelve (12) years and/or a fine of One hundred thousand pesos (P100,000.00) to One million pesos
(P1,000,000.00);
 If inflicted or undertaken against endangered species: imprisonment of four (4) and one (1) day to six (6) years
and/or a fine of Fifty thousand pesos (P50,000.00) to Five hundred thousand pesos (P500,000.00);
 If inflicted or undertaken against vulnerable species: imprisonment of two (2) years and one (1) day to four (4)
years and/or a fine of Thirty thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00);
 If inflicted or undertaken against other threatened species: imprisonment of one (1) year and one (1) day to two
(2) years and/or a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00); and
 If inflicted or undertaken against other wildlife species: imprisonment of six (6) months and one (1) day to one
(1) year and/or a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00).

Inflicting injury which cripples and/or impairs the reproductive system of wildlife
species;
 If inflicted or undertaken against species listed as critical: imprisonment of minimum of four (4) years and one
(1) day to six (6) years and/or a fine of Fifty thousand pesos (P50,000.00) to Five hundred thousand pesos
(P500,000.00);
 If inflicted or undertaken against endangered species: imprisonment of two (2) years and one (1) day to four (4)
years and/or a fine of Thirty thousand pesos (P30,000.00) to Two hundred thousand pesos (P200,000.00);
 If inflicted or undertaken against vulnerable species: imprisonment of one (1) year and one (1) day to two (2)
years and/or a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00);
 If inflicted or undertaken against other threatened species: imprisonment of six (6) months and one (1) day to
one (1) year and/or fine of Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00); and
 If inflicted or undertaken against other wildlife species: imprisonment of one (1) month to six (6) months and/or
a fine of Five thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00).

Effecting any of the following acts in critical habitat(s)

 dumping of waste products detrimental to wildlife;
 squatting or otherwise occupying any portion of the critical habitat;
 mineral exploration and/or extraction;
 burning;
 logging; and
 quarrying
An imprisonment of one (1) month to eight (8) years and/or a fine of Five thousand pesos (P5,000.00) to Five
million pesos (P5,000,000.00) shall be imposed.

Trading of Wildlife;
 If inflicted or undertaken against species listed as critical: imprisonment of two (2) years and one (1) day to
four (4) years and/or a fine of Five thousand pesos (P5,000.00) to Three hundred thousand pesos (P300,000.00);
 If inflicted or undertaken against endangered species: imprisonment of one (1) year and one (1) day to two (2)
years and/or a fine of Two thousand pesos (P2,000.00) to Two hundred thousand pesos (P200,000.00);
 If inflicted or undertaken against vulnerable species: imprisonment of six (6) months and one (1) day to one (1)
year and/or a fine of One thousand pesos (P1,000.00) to One hundred thousand pesos (P100,000.00); 
 If inflicted or undertaken against other threatened species: imprisonment of one (1) month and one (1) day to
six (6) months and/or a fine of Five hundred pesos (P500.00) to Fifty thousand pesos (P50,000.00); and 
 If inflicted or undertaken against other wildlife species: imprisonment of ten (10) days to one (1) month and/or a
fine of Two hundred pesos (P200.00) to Twenty thousand pesos (P20,000.00).

Collecting, hunting or possessing wildlife, their by-products and derivatives;

Gathering or destroying of active nests, nest trees, host plants and the like;

 If inflicted or undertaken against species listed as critical: imprisonment of two (2) years and one (1) day to
four (4) years and a fine of Thirty thousand pesos (P30,000.00) to Three hundred thousand pesos (P300,000.00); 
 If inflicted or undertaken against endangered species: imprisonment of one (1) year and one (1) day to two (2)
years and a fine of Twenty thousand pesos (P20,000.00) to Two hundred thousand pesos (P200,000.00); 
 If inflicted or undertaken against vulnerable species: imprisonment of six (6) months and one (1) day to one (1)
year and a fine of Ten thousand pesos (P10,000.00) to One hundred thousand pesos (P100,000.00); 
 If inflicted or undertaken against other threatened species: imprisonment of one (1) month and one (1) day to
six (6) months and a fine of Five thousand pesos (P5,000.00) to Fifty thousand pesos (P50,000.00); and 
 If inflicted or undertaken against other wildlife species: Provided, That in case of paragraph (f), where the acts
were perpetuated through the means of inappropriate techniques and devices, the maximum penalty herein
provided shall be imposed: imprisonment of ten (10) days to one (1) month and a fine of One thousand pesos
(P1,000.00) to Five thousand pesos (P5,000.00)

Maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
Transporting of wildlife.
 If inflicted or undertaken against species listed as critical: imprisonment of six (6) months and one (1) day to
one (1) year and a fine of Fifty thousand pesos (P50,000.00) to One hundred thousand pesos (P100,000.00);
 If inflicted or undertaken against endangered species: imprisonment of three (3) months and one (1) day to six
(6) months and a fine of Twenty thousand pesos (P20,000.00) to Fifty thousand pesos (P50,000.00); 
 If inflicted or undertaken against vulnerable species: imprisonment of one (1) month and one (1) day to three
(3) months and a fine of Five thousand pesos (P5,000.00) to Twenty thousand pesos (P20,000.00); 
 If inflicted or undertaken against other threatened species: imprisonment of ten (10) days to one (1) month and
a fine of One thousand pesos (P1,000.00) to Five thousand pesos (P5,000.00);
 If inflicted or undertaken against other wildlife species: imprisonment of five (5) days to ten (10) days and a fine
of Two hundred pesos (P200.00) to One thousand pesos (P1,000.00).

Implementation of RA 9147
Jointly Implemented by DENR and DA
DENR
Responsible for terrestrial plant and animal species, all turtles and tortoises, and wetland species including but not limited to
crocodiles, waterbirds and all amphibians and dugong
Department of Agriculture
Shall have jurisdiction over all declared aquatic critical habitats and aquatic resources. This includes the fishes, aquatic
plants, invertebrates and all marine mammals except for dugong.

Palawan Council for Sustainable Development (PCSD)

Wildlife species found in Palawan (RA 7611
Conservation and Protection of Wildlife
Resources
Wildlife Information
All activities shall be authorized by the Secretary upon proper evaluation of best
available information or scientific data showing that the activity is, or for a purpose, not
detrimental to the survival of the species or subspecies involved and/or their habitat. 
Collection of Wildlife
Allowed for scientific researches, breeding/propagation as authorized by the Secretary,
subject to compliance with requirements and conditions 

Possession of Wildlife
No person or entity shall be allowed possession of wildlife unless such person or entity shall
be allowed possession of wildlife can prove financial and technical capability and facility to
maintain said wildlife. Provided that the source was not obtained in violation of this
Act.

Exportation and Importation of Wildlife

Wildlife species may be exported to or imported from another country as may be authorized
by the Secretary or the designated representative, subject to strict compliance with the
provisions of this Act and rules and regulations promulgated pursuant thereto: Provided,
That the recipient of the wildlife is technically and financially capable to maintain it.

Introduction of Exotic Wildlife

Cannot be introduced unless authorization from the Secretary 

Bioprospecting
Upon execution of an undertaking by any proponent, stipulations its compliance and
commitments to reasonable terms and conditions that may be imposed by the Secretary
which are necessary to protect biological diversity.

*BIOPROSPECTING - The research, collection and utilization of biological and genetic resources for purposes of applying the knowledge
derived there from solely for commercial purposes

Commercial breeding or propagation of Wildlife Resources 

Allowed through the issuance of wildlife culture permit. Provided, That only progenies of wildlife
raised, as well as unproductive parent stock shall be utilized for trade: Provided, further: That
commercial breeding operations for wildlife, whenever appropriate, shall be subject to an
environmental impact study

Collection of threatened wildlife, by-products and derivatives

Allowed only for scientific, breeding or propagation purposes; Provided, That only the accredited
individuals, business, research, educational or scientific entities shall be allowed to collect for
conservation breeding or propagation purposes

Head of the Procuring Entitymeans the Secretary of a Ministry or a Division, the Head of a
Government Department or Directorate; or the Chief Executive, by whatever designation called, of a
local Government agency, an autonomous or semi-autonomous body or a corporation, or a
corporate body established under the Companies Act;

Head of the Procuring Entitymeans the highest ranking officer of the procuring entity, but does not
include the head of any constituent, sub-division or unit thereof;

Examples of Head of the Procuring Entityin a sentence Within a non-extendible period of ten (10)
calendar days from receipt of the verified position paper, the Head of the Procuring Entity shall
decide whether or not to terminate this Contract. In accordance with Section 47 of the IRR of RA
9184, all Bidding Documents shall be accompanied by a sworn affidavit of the Bidder that it is not
related to the Head of the Procuring Entity (HoPE), members of the Bids and Awards Committee
(BAC), members of the Technical Working Group (TWG), members of the BAC Secretariat, the head of
the Project Management Office (PMO) or the end-user unit, and the project consultants, by
consanguinity or affinity up to the third civil degree. The Head of the Procuring Entity may create a
Contract Termination Review Committee (CTRC) to assist him in the discharge of this function. Within
a period not exceeding seven (7) calendar days from the date of receipt of the recommendation of
the BAC, the Head of the Procuring Entity shall approve or disapprove the said recommendation. The
Head of the Procuring Entity may terminate a contract for the convenience of the Government if he
has determined the existence of conditions that make Project Implementation economically,
financially or technically impractical and/or unnecessary, such as, but not limited to, fortuitous
event(s) or changes in law and national government policies.

SUMMARY OF R.A. NO. 9184

Republic Act No. 9184 (R.A. No. 9184) is “AN ACT PROVIDING FOR THE
MODERNIZATION, STANDARIZATION AND REGULATION OF THE PROCUREMENT
ACTIVITIES OF THE GOVERNMENT AND FOR OTHER PURPOSES”. It is also known
as the "Government Procurement Reform Act."
 R.A. No. 9184 was approved on January 10, 2003 and took effect fifteen (15)
days after its publication in the Official Gazette or in two (2) newspapers of general
circulation. It applies to the Procurement of Infrastructure Projects, Goods and
Consulting Services, regardless of source of funds, whether local or foreign, by all
branches and instrumentalities of government, its departments, offices and agencies,
including government-owned and/or-controlled corporations and local government units,
subject to the provisions of Commonwealth Act No. 138.

This act is composed of 25 articles and 78 sections. Article I consists of general

provisions of the law including its Short Title, Declaration of Policy, Governing Principles
on Government Procurement, Scope and Application, Definition of Terms, and
Standardization of Procurement Process and Forms. Article II of the same law provides
guidelines for the Procurement Planning, while Article III pertains to the Procurement by
Electronic Means wherein a single portal that is considered as the primary source of
information on all government procurement called the Government Electronic
Procurement System (G-EPS) is provided. The G-EPS includes feature that provides for
an audit trail for on-line transactions and allow the Commission on Audit to verify the
security and integrity of the systems at any time. Article IV of the law concerns the
Competitive Bidding. Article V of the law is about the Bids and Awards Committee
(BAC) and consists of provisions on the BAC and its Composition, Functions of the
BAC, Observers, BAC Secretariat, BAC Secretariat, and Professionalization of BAC,
BAC Secretariat and Technical Working Group Members.

Articles VI to XI refer to provisions relative to bidding. These articles comprise of

provisions about Preparation of Bidding Documents, Invitation to Bid, Receipt and
Opening of Bids, Bid Evaluation, Post-Qualification, and Award, Implementation and
Termination of the Contract.

This Act is also composed of Articles on Bidding of Provincial Projects (Article

XIII), Lease of Computers, Communications, Information and other Equipment (Article
XIV), Disclosure of Relations (Article XV), Alternative Methods of Procurement (Article
XVI), Post Mechanism (Article XVII), Settlement of Disputes (Article XVIII), Contract
Prices and Warranties (Article XIX), The Government Procurement Policy Board (Article
XX), Penal Clause (Article XXI), Civil Liability (Article XXII), Administrative Sanctions
(Article XXIII), Legal Assistance and Indemnification of BAC Members (Article XXIV),
and Final Provisions (Article XXV).

It must be noted that the offenses that are prohibited under this Act as provided
in Article XXI of the same are the following:

1. Opening of any sealed Bid including but not limited to Bids that may have
been submitted through the electronic system and any and all documents
required to be sealed or divulging their contents, prior to the appointed time
for the public opening of Bids or other documents.
2. Delaying, without justifiable cause, the screening for eligibility, opening of
bids, evaluation and post evaluation of bids, and awarding of contracts
beyond the prescribed periods of Bids or other documents.
3. Unduly influencing or exerting undue pressure on any member of the BAC or
any officer or employee of the procuring entity to take a particular bidder.
4. Splitting of contracts which exceed procedural purchase limits and
competitive bidding.
5. When the head of the agency abuses the exercise of his power to reject any
and all bids as mentioned under Section 41 of this Act with manifest
preference to any bidder who is closely related to him in accordance with
Section 47 of this Act.

HISTORICAL BACKGROUND OF PUBLIC LAND ACT OR CA 141

> Governed the disposition of lands of the public domain

> Prescribed rules and regulation of the homesteading, selling and leasing of portions of the
public domain, and prescribed the terms and conditions to enable persons to perfect their titles
to public lands in the Philippines
> Also provided for the issuance of patents to certain native settlers upon public lands for the
establishment of town sites and sale of lots therein, for the completion of imperfect titles and for
the cancellation or confirmation of Spanish concessions and grants in the islands

> The second Public Land Act was more comprehensive in scope but limited the exploitation of
agricultural lands

IMPERIUM AND DOMINUUM

> Imperium pertains to the government authority possessed by the State, which is
appropriately embraced in the concept of sovereignty

> Dominuum pertains to the capacity to own and acquire property

> Dominuum is the foundation of the theory of Regalian doctrine

SCOPE OF SECTION 103

> The instruments mentioned in this section whereby public lands are alienated, granted or
conveyed are instruments transferring ownership and not just mere documents of lease or
transferring mere possession

> Provision directs the issuance to the grantee of an owner’s duplicate certificate

> After due registration and issuance of the certificate of title, the land shall be deemed
registered land for all intents and purposes under the Property Registration Decree

> Public land patents when duly registered are veritable Torrens title subject to no
encumberances except those stated therein, and those specified by the statute.

> They become private property which can no longer be the subject of subsequent disposition
by the Director of Lands

> Where disposable public land is granted by the government by virtue of a public land patent,
the patent is recorded and the corresponding certificate of title is issued to the grantee,
thereafter, the land is automatically brought within the operation of PD1529, entitled to all the
safeguards of a veritable Torrens
title. Upon the expiration of 1 year from its issuance, the certificate of title shall become
irrevocable and indefeasible like a certificate issued in a registration proceeding

> A certificate of title issued pursuant to a patent has the force and effect of a torrens title issued
through judicial registration proceedings
> But a land registration court which has validly acquired jurisdiction over a parcel of land for
registration of title cannot be divested of said jurisdiction by a subsequent administrative act
consisting in the issuance by the Director of Lands of a homestead patent covering the same
parcel of land

PRESCRIPTIVE PERIOD

> The plaintiff has a period of 6 years from the time the right of action accrues within
which to bring an action against the Assurance Fund

Section 102. Limitation of Action. Any action for compensation against the Assurance Fund by
reason of any loss, damage or deprivation of land or any interest therein shall be instituted
within a period of six years from the time the right to bring such action first occurred: Provided,
That the right of action herein provided shall survive to the legal representative of the person
sustaining loss or damage, unless barred in his lifetime; and Provided, further, That if at the time
such right of action first accrued the person entitled to bring such action was a minor or insane
or imprisoned, or otherwise under legal disability, such person or anyone claiming from, by or
under him may bring the proper action at any time within two years after such disability has
been removed, notwithstanding the expiration of the original period of six years first above
provided.

LOSS OR DAMAGE ARISING FROM BREACH OF TRUST OR EXPANSION OF AREA NOT

RECOVERABLE

Section 101. Losses not recoverable. The Assurance Fund shall not be liable for any loss,
damage or deprivation caused or occasioned by a breach of trust, whether express, implied or
constructive or by any mistake in the resurveyed or subdivision of registered land resulting in
the expansion of area in the certificate of title.
Section 98. General Fund when liable. If at any time the Assurance Fund is not sufficient to
satisfy such judgment, the National Treasurer shall make up for the deficiency from any funds
available in the treasury not otherwise appropriated. Section 99. Subrogation of government to
plaintiff's rights. In every case where payment has been made by the National Treasurer in
accordance with the provisions of this Decree, the Government of the Republic of the
Philippines shall be subrogated to the rights of the plaintiff against any other parties or
securities. The National Treasurer shall enforce said rights and the amount recovered shall be
paid to the account of the Assurance Fund. Section 100. Register of Deeds as party in interest.
When it appears that the Assurance Fund may be liable for damages that may be incurred due
to the unlawful or erroneous issuance of a certificate of title, the Register of Deeds concerned
shall be deemed a proper
party in interest who shall, upon authority of the Commissioner of Land Registration, file the
necessary action in court to annul or amend the title. The court may order the Register of Deeds
to amend or cancel a certificate of title or to do any other act as may be just and equitable.

HOW JUDGMENT IS SATISFIED- Recovery of the plaintiff

> Where judgment is rendered against the government, execution shall first issue against the
persons who have been joined as co-defendants, and if the execution is returned unsatisfied,
then the damages awarded by the court shall be assessed against the Assurance fund

> But the plaintiff cannot recover as compensation more than the fair market value of the land at
the time he suffered the loss, damage or deprivation thereof

> In every case, where payment has been made by the National Treasurer, the government
shall be subrogated to the rights of the plaintiff against any other parties or securities, and any
amount recovered shall be paid to the account of the Assurance Fund

AGAINST WHOM CLAIM FOR DAMAGES MAY BE FILED

1. If the action is brought for the recovery of loss or damages or for deprivation of land or of any
estate or interest therein arising through fraud, negligence, or omission, mistake or misfeasance
of the court personnel, the Register of Deeds or other employees of the registry in the
performance of the duties, the action shall be brought against the RD of the province or city
where the land lies and the National Treasurer as defendants

2. If the action is brought for the recovery of loss or damage or for deprivation of land or of any
estate or interest therein arising through fraud, negligence, omission, mistake or misfeasance of
persons other than the court personnel, the Register of Deeds or other employees of the
Registry, the action shall be brought against the Register of Deeds, the National Treasurer and
such other persons, as codefendants

 The plaintiff must clearly allege the basis of the action and specify the details which led to his
loss, damage or deprivation, as well as the market value of the property subject of the action

> It shall be the duty of the Solicitor General to represent the government

> The court shall consider the report of the LRA administrator on the matter

CLAIMS AGAINST THE ASSURANCE FUND

> Section 95 provides a remedy where a person who sustains loss or damage or is deprived of
any estate or interest in land in consequence of the operations of the Torrens system of
registration, without negligence on his part, may bring an action for the recovery of damages to
be paid out of the Assurance fund

> Public policy demands that those unjustly deprived of their rights over real property by reason
of the operation of our registration laws be afforded remedies

> According to the principles of the Torrens system, it is a condition sine que non that the
person who brings an action for damages against the Assurance fund be the registered owner,
and as to holders of transfer certificates of title that they be innocent purchasers in good faith
and for value

> There must also be a showing of loss or damage or deprivation of any land or interest thereon
by the operation of PD1529

> Where plaintiff is solely responsible for the plight in which it finds itself, the Director of Lands
and the National Treasurer are exempt from any liability

REQUISITES FOR RECOVERY FROM THE ASSURANCE FUND

1. That a person sustains loss or damage, or is deprived of any estate or interest in land

2. On account of bringing of land under the operations of the Torrens system arising after the
original registration

3. Through fraud, error, omission, mistake, or misdescription in a certificate of title or entry or

memorandum in the registration

4. Without negligence on his part

5. And is barred or precluded from bringing an action for the recovery of such land or estate or
interest therein

RECORDED MORTGAGE IS PROTECTED EVEN IF TITLE IS SUBSEQUENTLY NULLIFIED

SALES, MORTGAGES, AND OTHER ENCUMBRANCES OF PROPERTY OF DECEDENT

> When it appears that the sale of the whole or a part of the land or personal estate, will be
beneficial to the heirs, devisees, legatees, and other interested persons, the court may, upon
application of the executor or administrator and on written notice to the heirs or legatees who
are interested in the estate to be sold, authorize the executor or administrator to sell the whole
or part of said estate, although not necessary to pay debts, legacies, or expenses of
administration; but such authority shall not be granted if inconsistent with the provisions of a will

REGISTRATION OF FINAL DISTRIBUTION OF ESTATE

> A certified copy of the partition and distribution, together with the final judgment or order of the
court approving the same or otherwise making final distribution, supported by evidence of
payment of estate tax or exemption therefrom, as the case may be, shall be filed with the RD
and upon presentment of the owner’s duplicate certificate of title, new certificates of title shall be
issued to the parties severally entitled thereto in accordance with the approved partition and
distribution

LETTERS OF ADMINISTRATION, WHEN GRANTED TO A PERSON

> May be granted to any qualified applicant even though it appears that there are other
competent persons having been right to the administration where such persons fail to appear
when notified and claim the issuance of letters to themselves

APPOINTMENT OF SPECIAL ADMINISTRATOR

> When there is a delay in granting letters testamentary or of administration by any cause
including an appeal from the allowance or disallowance of a will, the court may appoint a special
administrator to take possession and charge of the estate of the deceased until the questions
causing the delay are decided
and executors or administrators appointed

FILING OF LETTERS OF ADMINISTRATION AND WILL

> Before the executor or administrator of the estate of the deceased owner of registered land
may deal with the same, he shall file with the office of the RD a certified copy of his letters of
administration and if there is a will, a certified copy thereof and the order allowing the same,
together with the letters testamentary or of administration with the will annexed, as the case
may be, such shall produce the duplicate certificate of title, and thereupon the
RD shall enter upon the certificate a memorandum thereof, making reference to the letters
and/or will by their file number, and the date of filing the same

EXTRAJUDICIAL SETTLEMENT OF ESTATE BY AGREEMENT OF THE PARTIES

> If the decedent left no will and no debts and the heirs are all of age, or the minors are
represented by their judicial or legal representatives duly authorized for the purpose, the parties
may, without securing letters of administration, divide the estate among themselves as they see
fit by means of a public instrument filed in the office of the Register of Deeds and should they
disagree, they may do so in an ordinary action of partition

> If there is only one heir, he may adjudicate to himself the entire estate by means of an affidavit
filed in the office of the RD

> The parties to an extrajudicial settlement, whether by public instrument or by stipulation in a

pending action for partition, or the sole heir who adjudicates the entire estate to himself by
means of an affidavit shall file, simultaneously with and as a condition precedent to the filing of
the public instrument, or
stipulation in the action for partition, or of the affidavit in the office of the RD, a bond with the
said RD, in an amount equivalent to the value of the personal property involved as certified to
under oath by the parties concerned and conditioned upon the payment of EMINENT DOMAIN,
MEANING

> Ultimate right of the sovereign power to appropriate any property within its territorial
sovereignty for a public purpose

> Manifest in the nature of expropriation proceedings

> Expropriation proceedings are not adversarial in the conventional sense for the condemning
authority isn’t required to assert any conflicting interest in the property

> Thus, by filing the action, the condemnor in effect merely serves notice that it is taking title
and possession of the property, and the defendant asserts title or interest in the property, not to
prove a right of possession, but to prove a right to compensation for the taking

EXPROPRIATED PRIVATE LAND BECOMES PROPERTY OF PUBLIC DOMAIN;

REGISTRATION

any just claim that may be filed Private lands taken by the government for public use under its
own power of eminent domain become unquestionably part of the public domain

> The Register of Deeds is authorized to issue in the name of the national government a new
certificate of title covering such expropriated lands

> Consequently, lands registered under Act 498 and PD1529 are not exclusively private or
patrimonial lands. Lands of the public domain may also be registered pursuant to existing laws
RECORDING OF JUDGMENT

> The judgment entered in expropriation proceedings shall state definitely, by an adequate
description, the particular property or interest therein expropriated, and the nature of the public
use or purpose for which it is expropriated

> When real estate is expropriated, a certified copy of such judgment shall be recorded in the
RD of the place in which the property is situated, and its effect shall be to vest in the plaintiff the
title to the real estate as described for such public use or purpos

INSOLVENCY PROCEEDINGS IN REM

> Consequently, a liquidation of similar import or other equivalent general liquidation must also
necessarily be a proceeding in rem
so that all interested persons whether known to the parties or not
may be bound by such proceeding

> Where the action filed by the private respondent is not one which can be considered as
equivalent general liquidation having the same import as an insolvency or settlement of the
decedent’s estate proceeding, the well-established principle must be applied that a purchaser in
good faith and for value takes registered land free from liens and encumbrances other than
statutory liens and those recorded in the certificates of title

PREFERENCE OF CREDITS NOT LIMITED TO INSOLVENT DEBTORS NOTICE OF

INSOLVENCY; POWERS OF ASSIGNEE

> It shall be the duty of the officer serving the notice of the institution of such proceedings to file
a copy thereof with the office of the RD for the province and city where the land is situated

> The assignee shall be entitled to the entry of a new certificate of the registered land of the
debtor or bankrupt, upon presenting and filing of a certified copy of the assignment in insolvency
or order or adjudication in bankruptcy, together with the insolvent’s or bankrupt’s certificate of
title

> Among the powers of the assignee is to sue and recover all the estate, assets, debts, and
claims belonging to or due such debtor, and to take into his possession all the estate of such
debtor except property exempt by law from execution, whether attached or delivered to him or
afterwards discovered

JUDGMENT OR ORDER VACATING INSOLVENCY PROCEEDINGS

> A certified copy of the judgment or order may be registered

> Where a new certificate has been entered in the name of the assignee or trustee, such
certificate shall be surrendered for cancellation and forthwith the debtor shall be entitled to the
entry of the new certificate to him

PARTITION OF LAND SUBJECT OF MORTGAGE

> When a certified copy of the final judgment or decree of partition is presented for registration
and it appears that a mortgage or lease affecting a specific portion or an undivided share of the
property had been previously registered, the RD shall carry over and annotate such
encumbrance on the certificate of title that may be issued, with a description of the land set-off
in severalty on which such mortgage or lease remains in force

PARTITION, GENERALLY

> Partition is the separation, division, and assignment of a thing held in common among those
to whom it may belong

> Every act which is intended to put an end to an indivision among co-heirs and legatees or
devisees is deemed to be a partition, although it should purport to be a sale, exchange, a
compromise or any other transaction

> The titles of acquisition or ownership of each property shall be delivered to the co-heir to
whom said property has been adjudicated

> When the title comprises of two or more pieces of land which has been assigned to two or
more co-heirs, or when it covers one piece of land which has been divided between two or more
coheirs, the title shall be delivered to the one having the largest interest, and authentic copies of
the title shall be furnished to the other co-heirs at the expense of the estate. If the interest of
each co-heir should be the same, the oldest shall have the title.

> In an action for partition, there should be simultaneous presentment of two issues—
o There is the issue of whether the plaintiff is indeed a co-owner of the property sought to be
partitioned
o Assuming that the plaintiff successfully hurdles the first issue, there is the secondary issue of
how the property is to be divided between the plaintiff and the defendants.

JUDICIAL PARTITION
> An action for partition for real property is a judicial controversy between persons who being
co-owners seek to secure division or partition among them of the common property, giving to
each one the part corresponding to him

> A person having the right to compel the partition of real estate may do so by setting forth in his
complaint the nature and extent of his title and an adequate description of the real estate of
which partition is demanded and joining as defendants all other persons interested in the
property

> If the court after trial finds that the plaintiff has a right thereto, it shall order the partition of the
real estate among all the parties in interest.

> Thereupon, the parties may, if they are able to agree, make the partition among themselves
by proper instruments of conveyance, and the court shall confirm the partition so agreed by all
of the parties, and such partition, together with the orde3r of the court confirming the same, shall
be recorded in the RD of the place in which the property is situated

> If actual partition is made, the judgment shall state definitely by metes and bounds and
adequate description, the particular portion of the real assigned to each party, and the effect of
the judgment shall be to vest in each party and the severalty the portion of the real estate
assigned to him

EXTRAJUDICIAL PARTITION

> The parties may without having letters of authorization, divide the estate among themselves
as they see fit by means of a public instrument filed in the office of the RD and should they
disagree, they may do so in an ordinary action for partition

> If there be only one heir, he may adjudicate to himself the entire estate by means of an
affidavit filed with the office of the Register of Deeds

> Filing of a bond is a condition precedent to the filing of the public instrument

ORAL PARTITION

> This practice has been found to be not only convenient and inexpensive, but even advisable,
and is accepted by people and we find no good reason for disturbing said good practice

> Now, when valuable properties especially those covered by certificates of title, perhaps strict
compliance with the law may be advisable even necessary

STATUTE OF FRAUDS INAPPLICABLE

> Partition among heirs or renunciation of an inheritance by any of them is not covered by the
Statute of Frauds

EXCEPTION THE GENERAL RULE OF INPRESCRIPTIBILITY OF AN ACTION FOR

PARTITION

> Imprescriptibility cannot be invoked when one of the co-owners of a property has possessed
the property as exclusive owner and for a period sufficient to acquire it by prescription

STAGES IN PARTITION

> Determination of whether or not a co-ownership in fact exists and a partition is proper, that is,
it is not otherwise legally proscribed and may be made by voluntary agreement of all the parties
interested in the property

> Second stage is when the parties are unable to agree upon the partition ordered by the court.
In that event, the partition shall be effected for the parties by the court with the assistance of not
more than 3 commissioners. The second stage may also deal with the rendition of the
accounting itself and its approval by the Court after the parties have been accorded the
opportunity to be heard thereon, and the award for the recovery by the parties entitled of
their just shares in the rents and profits of the real estate in question. Such an order is to be
sure also final and appealable.

PROOF OF PARTITION

> Partition may be inferred from circumstances sufficiently strong to support the presumption

> Recitals in deeds, possession and occupation of the land, improvements made thereon for a
long series of years, and acquiescence of 60 years, furnish sufficient evidence that there was an
actual partition of land either by deed or by proceedings in the probate court, which has been
lost and not recorded.

> And where a tract of land has long been known and called by the name of one of the tenants
in common, and there is no evidence of any subsequent claim of tenancy in common, it may be
fairly inferred that there has been a partition and that such lot was set-off to him whose name it
bears

FINALITY OF JUDGMENT; EXECUTION

> Judgment ordering partition with damages is final and duly appeallable, notwithstanding the
fact that further proceedings will still have to take place in the trial court.
> Execution thereof becomes a matter of right on the part of the plaintiffs and is a mandatory
and ministerial duty on the part of the court

> Once a judgment becomes final and executory, the prevailing party can have it executed as a
matter of right, and the judgment debtor need not be given advance notice of the application for
execution nor be afforded prior hearings thereon

> Failure to serve a copy for the motion for execution is not a fatal defect. In fact, there is no
necessity for such service.

PURPOSE OF REGISTRATION

> Notify and protect the interests of strangers to a given transaction, who may be ignorant
thereof, but the nonregistration of the deed evidencing such transaction doesn’t relieve the
parties thereto of their obligations thereunder.

> As originally conceived, registration is merely a species of notice. The act of registering a
document is never necessary in order to give it legal effect as between the parties.

> Requirements for the recording of an instruments are designed to prevent frauds and to
permit and require the public to act with the presumption that recorded instruments exist and are
genuine

REGISTRATION OF JUDGMENT- Recovery of Possession or Ownership

> A judgment for the plaintiff in an action for the recovery of possession or ownership affecting
registered land shall be entitled to registration upon presentation of a certificate of entry from the
clerk of court to the RD who shall enter a memorandum upon the certificate of title covering the
land subject of the action

> If only a portion of the land described in the certificate is affected by the judgment, the
certificate of the clerk of court shall contain a description of the portion involved

> Registration is important to apprise third persons of the status of the land affected by the
judgment

REGISTRATION OF JUDGMENT ADJUDICATING OWNERSHIP

> When in an action for recovery of possession judgment has been rendered in favor of the
plaintiff, the judgment shall likewise be registered and the adjudicatee shall be entitled to the
issuance of a new certificate of title upon cancellation of the title of the preceding owner

EXECUTION OF DEED PURSUANT TO A JUDGMENT

> The court, in all cases where it renders judgment affecting registered property or any interest
therein, shall direct parties to execute the requisite deed or instrument as may be necessary to
give effect to the judgment of registration, and when required by the terms of the judgment,
direct the registered owner to surrender his owner’s duplicate certificate for cancellation or entry
of the appropriate memorandum thereon.

CANCELLATION OF LIS PENDENS

> Ordinarily a notice which has been filed in a proper case cannot be cancelled while the action
is pending and undetermined, except in cases expressly provided for by statute

> It may be cancelled upon order by the court or upon action by the Register of Deeds at the
instance of the party who caused the registration of the notice

> While the trial court has inherent power to cancel a notice of lis pendens, such power is
exercised under express provisions of law—
o If the annotation was for the purpose of molesting the title of the adverse party
o When the annotation isn’t necessary to protect the title of the party who caused it to be
recorded

NATURE, MEANING AND PURPOSE- NOTICE OF LIS PENDENS

Section 76. Notice of lis pendens. No action to recover possession of real estate, or to quiet title
thereto, or to remove clouds upon the title thereof, or for partition, or other proceedings of any
kind in court directly affecting the title to land or the use or occupation thereof or the buildings
thereon, and no judgment, and no proceeding to vacate or reverse any judgment, shall have
any effect upon registered land as against persons other than the parties thereto, unless a
memorandum or notice stating the institution of such action or proceeding and the court wherein
the same is pending, as well as the date of the institution thereof, together with a reference to
the number of the certificate of title, and an adequate description of the land affected and the
registered owner thereof, shall have been filed and registered.

NATURE AND PURPOSE OF LIS PENDENS

> Lis pendens literally means a pending suit

> Doctrine that refers to the jurisdiction, power or control which a court acquires over a property
involved in a suit, pending the continuance of the action, until final judgment

The purpose of lis pendens—

o To protect the rights of the party causing the registration of the lis pendens
o To advise third persons who purchase or contract on the subject property that they do so at
their peril and subject to the result of the pending litigation

> May involve actions that deal not only with title or possession of a property but also with the
use and occupation of a property

 The litigation must directly involve a specific property which is necessarily affected by the
judgment

> The notice of lis pendens is a notice to the whole world that a particular real property is in
litigation. The inscription serves as a warning that one who acquires interest over litigated
property does so at his own risk, or that he gambles on the result of the litigation over the
property

> A purchaser who buys registered land with full notice of the fact that it is in litigation between
the vendor and third party stands in the shoes of his vendor and his title is subject to the
incidents and results of the pending litigation

The filing of lis pendens in effect—

o Keeps the subject matter of litigation within the power of the court until entry of final judgment
so as to prevent the defeat of the latter by successive alienations

o Binds the purchaser of the land subject of the litigation to the judgment or decree that will be
promulgated thereon whether such purchaser is a bona fide purchaser or not

o Doesn’t create a non-existent right or lien

> Purpose of this rule is founded on public policy and necessity

EFFECT OF SUCH NOTICE

1. It keeps the subject matter of the litigation within the power of the court until the entry of final
judgment so as to prevent the defeat of the latter by successive alienations

2. It binds the purchaser of the land subject of the litigation to the judgment or decree that will be
promulgated thereon whether such purchaser is a bona fide purchaser or not

> It is not correct to speak of it as part of the doctrine of notice, the purchaser pendent elite is
affected not by notice but because the law doesn’t allow litigating parties to give to others,
pending the litigation, rights to the property in dispute so as to prejudice the other party

NOTICE IS ONLY AN INCIDENT IN THE MAIN CASE; MERITS THEREOF UNAFFECTED

> A notice of lis pendens is ordinarily recorded without the intervention of the court where the
action is pending

> It is but an incident in an action, an extrajudicial one. It doesn’t affect the merits thereof.

NOTICE NEED NOT BE ANNOTATED ON THE OWNER’S COPY

> Annotation at the back of the original copy of the certificate of title on file with the RD is
sufficient to constitute constructive notice to purchasers or other persons subsequently dealing
with the same property

> One who deals with property subject of a notice of lis pendens cannot invoke the right of a
purchaser in good faith—neither can he acquire the rights better than those of his predecessor-
ininterest

NOTICE OF LIS PENDENS—WHEN APPROPRIATE

1. Action to recover possession of real property

2. Action to quiet title thereto
3. Action to remove cloud thereon
4. Action for partition
5. Any other proceedings of any kind in court directly affecting the title to the land or the use or
occupation thereof or the buildings thereon

NOTICE NOT PROPER IN THE FOLLOWING

1. Preliminary attachments
2. Proceedings for the probates of wills
3. Levies on execution
4. Proceedings for the administration of estate of deceased persons
5. Proceedings in which the only subject is the recovery of a money judgment

CONTENTS OF NOTICE OF LIS PENDENS

1. A statement of the institution of an action or proceedings

2. The court where the same is pending
3. The date of its institution
4. A reference to the number of certificate of title of the land
5. An adequate description of the land affected and its registered owner

PRINCIPLE OF PRIMUS TEMPORE, POTIOR JURE; EFFECT OF LIS PENDENS

> The principle of primus tempore, potior jure gains greater significance in the law on double
sale of immovable property
> Reliance on the principle of constructive notice operates only such upon the registration of the
notice of lis pendens
> More fundamentally, a notice of lis pendens is only a warning to the prospective purchaser or
incumbrancer that the particular property is in litigation and that he should keep his hands off
the same, unless he intends to gamble on the results of the litigation

CARRY OVER OF NOTICE ON SUBSEQUENT TITLES

> In case of subsequent transfers or sales, the RD is duty bound to carry over the notice of lis
pendens on all titles to be issued

> Act of RD in erasing notice of lis pendens is in plain violation of his duty, constitutes
misfeasance in the performance of his duties for which he may be held civilly and even
criminally liable for any prejudice caused to innocent third persons and cannot affect those who
are protected by the notice inscribed in the original title

ENTRY OF NEW CERTIFICATE SOLD ON EXECUTION SALE

> In case registered land which has been sold on execution for the enforcement of any lien,
except a mortgage lien, has not been redeemed for a period allowed by law, the purchaser at
such sale or anyone claiming under him may petition the court for the issuance of a new
certificate of title to him

> But before the entry of such new certificate, the registered owner may pursue all legal and
equitable remedies to impeach or annul the proceedings

REGISTRATION OF DEEDS RELATING TO EXECUTION AND TAX DELINQUENCY SALES

> Whenever registered land is sold on execution, or taken or sold for taxes or for assessment or
to enforce a lien of any character, or for any costs and charges incident to such liens, any
execution or copy of execution, any officer’s return, or any deed, demand, certificate, or
affidavit, or other instrument made in the course of such proceedings to enforce such liens and
required by law to be recorded, shall be filed with the RD of the province or city where the land
lies and registered in the registration book, and a memorandum made upon the proper
certificate of title in case as lien or encumbrance

> The following incidents on registered land in the nature of involuntary dealings shall be
registered to be effective—
o Continuance, dissolution or discharge of attachments
o Orders and decisions of the court
o Deed of sale, officer’s return, order of execution, and other instruments

TAX DELINQUENCY SALE REQUIRES PERSONAL NOTICE TO TAXPAYER

> Notice of sale to the delinquent land owners and to the public in general is essential and
indispensable requirement of law, the non-fulfillment of which, vitiates the sale

DISSOLUTION OF ATTACHMENTS OR LIENS AND REGISTRATION THEREOF

> Where an attachment or lien is maintained, or discharged or dissolved by any method

provided by law, the certificate or instrument for the purpose shall be registered to give effect
thereof

> If the attachment or lien is maintained, discharged or dissolved by the order of the court, a
certificate of the Clerk of Court as to the entry of such order shall also be registered

PURPOSE OF REGISTRATION

> Purpose is to notify third persons who may be affected in their dealings with respect to such
property

> The RD may properly deny the inscription of an order of attachment or levy of execution
where the title to the property is not in the name of the judgment debtor but of another person,
and no evidence has been submitted that he has any interest in the property

Surrender Of Certificate In Involuntary Dealings

Section 71. Surrender of certificate in involuntary dealings. If an attachment or other lien in the
nature of involuntary dealing in registered land is registered, and the duplicate certificate is not
presented at the time of registration, the Register of Deeds shall, within thirty-six hours
thereafter, send notice by mail to the registered owner, stating that such paper has been
registered, and requesting him to send or produce his duplicate certificate so that a
memorandum of the attachment or other lien may be made thereon. If the owner neglects or
refuses to comply within a reasonable time, the Register of Deeds shall report the matter to the
court, and it shall, after notice, enter an order to the owner, to produce his certificate at a time
and place named therein, and may
enforce the order by suitable process.
COURT MAY COMPEL SURRENDER OF CERTIFICATE OF TITLE AS AN INCIDENT IN THE
MAIN CASE

> RD is authorized to require the registered owner to produce the owner’s duplicate certificate in
order that an attachment or other lien in the nature of involuntary dealing, may be annotated
thereon

> If the owner refuses or neglects to comply within reasonable time, he shall report such fact to
the proper RTC which shall, after notice, direct the owner to produce his certificate at a time and
place specified in its order

MORTGAGE LIEN FOLLOWS MORTGAGED PROPERTY

> Any lien annotated on the previous certificates of title which subsists should be incorporated in
or carried over to the new transfer certificate of title. This is true even in the case of a real estate
mortgage because pursuant to Article 2126 of the Civil Code, the mortgage directly and
immediately subjects the property whoever the possessor may be, to the fulfillment of the
obligation for whose security it was constituted

> It is inseparable from the property mortgaged as it is a right in rem—a lien on the property
whoever its owner may be.

FORECLOSURE SALE RETROACTS TO REGISTRATION OF MORTGAGE

> The settled doctrine is that the effects of a foreclosure sale retroact to the date of registration
of the mortgage.

> Hence, if the adverse claim is registered only after the annotation of the mortgage at the back
of the certificate of title, the adverse claim could not effect the rights of the mortgagee; and the
fact that the foreclosure of the mortgage and the consequent public auction sale have been
effected long after the annotation of the adverse claim is of no moment, because the foreclosure
sale retroacts to the date of registration of the mortgage.

ADVERSE CLAIM, PURPOSE

> Purpose of annotating the adverse claim on the title of the disputed land is to apprise third
persons that there is a controversy over the ownership of the land and to preserve and protect
the right of the adverse claimant during the pendency of the controversy

> Notice to third persons that any transaction regarding the disputed land is subject to the
outcome of the dispute
 Such is registered by filing a sworn statement with the RD of the province where the property is
located, setting forth the basis of the claimed right together with other data pertinent thereto.
The registration of an adverse claim is expressly recognized under Section 70. Where the notice
of adverse claim is sufficient in law and drawn up in accordance with existing requirements, it
becomes the ministerial duty of the RD to register the instrument without unnecessary delay

> While the act of registration is the operative act which conveys or affects the land insofar as
third persons are concerned, the subsequent sale of property covered by a certificate of title
CANNOT PREVAIL OVER AN ADVERSE CLAIM, duly sworn to and annotated on the
certificate of title previous the sale

> Section 70 is divided into two parts—first refers to the petition of the party who claims any part
or interest in the registered land, arising subsequent to the date of the original registration, for
the registration of his adverse claim, which is a ministerial function of the Register of Deeds
absent any defect on the face of the instrument. The second refers to the petition filed in court
by a party in interest for the cancellation of the adverse claim upon showing the same is
invalid.

REGISTRATION OF ADVERSE CLAIM

> A lease over a parcel of land for a 10-year period, which could not be registered because the
owner’s duplicate of title wasn’t surrendered, could be registered as an adverse claim and the
owner couldn’t be compelled to surrender the owner’s duplicate of the title to that adverse claim
could be annotated thereon

> If the adverse claim turns out to be invalid, the owner could ask for its cancellation and, if
found to be frivolous or vexatious, then costs may be adjudged against the adverse claimant.

> The claim of a person that she has hereditary rights in the land fraudulently registered in his
sister’s name, because the land belonged to their mother whose estate is pending settlement in
a special proceeding, is registrable as an adverse claim\

> Where a guardianship proceeding is pending in court, it is proper to annotate on the title of the
land in question the pendency of such a proceeding by means of a notice of lis pendens for the
purpose of alerting anyone who might wish to buy the land that his purchase may be questioned
later on. Since an adverse claim and a notice of lis pendens have the same purpose, there
would be no need of maintaining the adverse claim. But a notice of levy
cannot prevail over an existing adverse claim inscribed in the certificate of title
> The annotation of an adverse claim is a measure designed to protect the interest of a person
over a piece of real property where the registration of such interest or right isn’t otherwise
provided for by PD1529, and serves as a notice and warning to third persons dealing with said
property that someone is claiming an interest on the same or a better right than the registered
owner thereof

> FOR THE SPECIAL REMEDY OF ADVERSE CLAIM TO BE AVAILED OF, IT MUST BE
SHOWN THAT THERE IS NO OTHER PROVISION IN THE LAW FOR REGISTRATION OF
THE CLAIMANT’S ALLEGED RIGHT IN THE PROPERTY.

> An adverse claim of ownership over a parcel of land registered under the Torrens system
based on prescription and adverse possession cannot be registered as an adverse claim—no
title to registered land in derogation of the title of the registered owner shall be acquired by
prescription or adverse possession. Hence, the registration of such adverse claim will serve no
useful purpose and cannot validly and legally affect the parcel of land in question.

REQUISITES OF AN ADVERSE CLAIM

1. The adverse claimant must state the following in writing

a. His alleged right or interest
b. How and under whom such alleged right or interest is acquired
c. The description of the land in which the riht or interest is claimed
d. The number of the certificate of title

2. The statement must be signed and sworn to before a notary public or other officer authorized
to administer oath

3. The claimant should state his residence or the place to which all notices may be served upon
him

REGISTRATION COURT MAY DETERMINE THE VALIDITY OF ADVERSE CLAIM

> An adverse claim may be cancelled only after the claim is adjudged invalid and unmeritorious
by the court while passing upon a case where the land involved is subject of the interest or right
being secured by the adverse claim.

ADVERSE CLAIM NOT IPSO JURE CANCELLED AFTER 30 DAYS; HEARING

NECESSARY.

> Sajonas v. CA
> Register of Deeds cannot unilaterally cancel the adverse claim. There must be a court hearing
for the purpose. The reason for this is to afford the
adverse claimant an opportunity to be heard, providing a venue where the propriety of his
claimed interest can be established or revoked, all for the purpose of determining at least the
existence of any encumbrance on the title arising from such adverse claim.

PURCHASER NOT BOUND BY ANY LIEN NOT ENTERED IN THE CERTIFICATE OF TITLE
FORECLOSURE SALE RETROACTS TO REGISTRATION OF MORTGAGE

> The settled doctrine is that the effects of a foreclosure sale retroact to the date of registration
of the mortgage.

> Hence, if the adverse claim is registered only after the annotation of the mortgage at the back
of the certificate of title, the adverse claim could not effect the rights of the mortgagee; and the
fact that the foreclosure of the mortgage and the consequent public auction sale have been
effected long after the annotation of the adverse claim is of no moment, because the foreclosure
sale retroacts to the date of registration of the mortgage.

INVOLUNTARY DEALINGS- Attachment

Section 69. Attachments. An attachment, or a copy of any writ, order or process issued by a
court of record, intended to create or preserve any lien, status, right, or attachment upon
registered land, shall be filed and registered in the Registry of Deeds for the province or city in
which the land lies, and, in addition to the particulars required in such papers for registration,
shall contain a reference to the number of the certificate of title to be affected and the registered
owner or owners thereof, and also if the attachment, order, process or lien is not claimed on all
the land in any certificate of title a description sufficiently accurate for identification of the land or
interest intended to be affected. A restraining order, injunction or mandamus issued by the court
shall
be entered and registered on the certificate of title affected, free of charge.

NATURE OF ATTACHMENT

> Legal process of seizing another’s property in accordance with a writ or judicial order for the
purpose of securing satisfaction of a judgment yet to be rendered

> Writ of attachment is used primarily to seize the debtor’s property to seize the debtor’s
property in order to secure the debt or claim of the creditor in the event that a judgment is
rendered
> Jurisprudence: a party who delivers a notice of attachment to the RD and pays the
corresponding fees has a right to presume that the official would perform his duty properly

> In involuntary registration, entry thereof in the day book is sufficient notice to all persons of
such adverse claim. The notice of course has to be annotated at the back of the corresponding
original certificate of title, but this is an official duty of the RD which may be presumed to have
been regularly performed

> DBP v. Acting Registry of Deeds: current doctrine thus seems to be that entry alone produces
the effect of registration, whether the transaction entered is a voluntary or involuntary one, so
long as the registrant has complied with all that is required of him for purposes of entry and
annotation, and nothing more remains to be done but a duty incumbent solely on the Registry of
Deeds

> Section 69 states that an attachment or any writ, order or process intended to create or
preserve any lien upon registered land shall be filed and registered in the RD and shall contain
a reference to the number of the certificate of title to be affected, the registered owner thereof
and a description of the land or interest therein

GROUNDS UPON WHICH ATTACHMENT MAY ISSUE

(Section 1, Rule 57 of the Rules of Court)

At the commencement of the action or at any time before entry of judgment, a plaintiff or proper
party may have the property of the adverse party attached as security for the satisfaction of any
judgment that may be recovered in, among others, the following cases:

1. In an action to recover the possession of property unjustly or fraudulently taken, detained or

converted, when the property or any part thereof, has been concealed, removed or disposed of,
to prevent its being found or taken by the applicant or an authorized person

2. In an action against a party who has been guilty of fraud in contracting the debt or incurring
an obligation upon which the action is brought, or in the performance thereof

3. In an action against a party who has removed or disposed of his property, or is about to do
so, with intent to defraud his creditors A PRELIMINARY ATTACHMENT may be validly applied
for and granted ex parte before a defendant is summoned since the phrase “at the
commencement of action” refers to the date of the filing of the complaint and before the
summons is served on the defendant.

HOW ATTACHMENT EFFECTED

(Section 7, Rule 57 of the Rules of Court)
Sec. 7. Attachment of real and personal property; recording thereof. Real and personal property
shall be attached by the sheriff executing the writ in the following manner:

(a) Real property, or growing crops thereon, or any interest therein, standing uponthe record of
the registry of deed of the province in the name of the party against whom attachment is issued,
or not appearing at all upon such records, or belonging to the party against whom attachment is
issued and held by any other person, or standing on the records of the registry of deeds in the
name of any other person, by filing with the registry of deeds a copy of the order, together with a
description of the property attached, and a notice that it is attached, or that such real property
and any interest therein held by or standing in the name of such other person are attached, and
by leaving a copy of such order, description, and notice with the occupant of the property, if any,
or with
such other person or his agent if found within the province. Where the property has been
brought under the operation of either the Land Registration Act or the Property Registration
Decree, the notice shall contain a reference to the number of the certificate of title, the volume
and page in the registration book where the certificate is registered, and the registered owner or
owners thereof. The registrar of deed must index attachments filed under this section in the
names of the applicant, the adverse party, or the person by whom the property is held or in
whose name it stands in the records. If the attachment is not claimed on the entire area of the
land covered by the certificate of title, a description sufficiently accurate for the identification of
the land or interest to be affected shall be included in the registration of such attachment;

b) Personal property capable of manual delivery, by taking and safely keeping it in his custody,
after issuing the corresponding receipt therefor;

(c) Stocks or shares, or an interest in stocks or shares, of any corporation or company, by

leaving with the president or managing agent thereof, a
copy of the writ, and a notice stating that the stock or interest of the party against whom the
attachment is issued is attached in pursuance of such
writ;

(d) Debts and credits, including bank deposits, financial interest, royalties, commissions, and
other personal property not capable of manual delivery,
by leaving with the person owing such debts, or having in his possession or under his control,
such credits or other personal property, or with his agent, a copy of the writ, and notice that the
debts owing by him to the party against whom attachment is issued, and the credits and other
personal property in his possession, or under his control, belonging to said party, are attached
in pursuance of such writ;

(e) The interest of the party whom attachment is issued in property belonging to the estate of
the decedent, wether as heir, legatee, or devisee, by serving the executor or administrator or
other personal representative of the decedent with a copy of the writ and notice that said
interest is attached. A copy of said writ of attachment and of said notice shall also be filed in the
office of the clerk of the court in which said estate is being settled and served upon the heir,
legatee or devisee concerned. If the property sought to be attached is in custodia legis, a copy
of the writ of attachment shall be filed with the proper court or quasi-judicial agency, and notice
of the attachment served upon the custodian of such property.

REGISTRATION OF ATTACHMENT, WRITS, AND RELATED PROCESSES

> An attachment, or copy of writ, order or process issued by the court intended to create or
preserve any lien, status, right or attachment upon registered land shall be filed and registered
in the RD for the province or city where the land lies, and in addition to the particulars required
in such papers for registration, shall contain a reference to the number of the certificate of title
affected and the registered owner or owners thereof, and also, if
the attachment, order, process or lien is not claimed on all the land in any certificate of title, a
description sufficiently accurate for identification of the land or interest intended to be affected

SUBJECT: RULES AND REGULATIONS FOR THE ISSUANCE OF FREE PATENTS TO

RESIDENTIAL LANDS UNDER REPUBLIC ACT NO. 10023
Pursuant to Section 7 of Republic Act No. 10023, otherwise known as An Act Authorizing the
Issuance of Free Patents to Residential Lands (“RA 10023”), mandating the Director of the Land
Management Bureau of the Department of Environment and Natural Resources to issue the
implementing rules and regulations of this Act, the following rules and regulations specifically
pertaining to residential lands are hereby promulgated:

Section  1. Scope of the Implementing Rules and Regulations. – This implementing rules and
regulations, hereinafter referred to as the IRR, shall only cover applications for free patents
pertaining to untitled public alienable and disposable lands which have been zoned as residential. It
shall also cover  zoned residential areas in proclaimed townsite reservations.
Section  2. Definition of terms. – For purposes of RA 10023, the following terms and phrases as used
in this IRR are defined and understood as follows:
2.1. Filipino Citizen – as enumerated in Article IV Section I of the 1987 Constitution, the following are
citizens of the Philippines:
2.1.1.   Those who are citizens of the Philippines at the time of the adoption of the 1987
Constitution;
2.1.2.   Those whose fathers or mothers are citizens of the Philippines;

2.1.3.   Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship
upon reaching the age or majority; and

2.1.4.    Those who are naturalized in accordance with law.

In addition, a person with dual citizenship as provided for in Republic Act No.  9225 and its
implementing rules and regulations shall be considered a Filipino citizen.

2.2. Actual occupant – any person who, either by herself or himself or through her or his
predecessor-in-interest, is occupying, living in, inhabiting or staying in a structure, the primary
purpose of which is to serve as the residence of such person, situated on the parcel of residential
land subject of the free patent application. This is subject to the requirements under subsections
2.11, 2.12 and 2.13 below.
2.2.1.   For purposes of this IRR, persons employed in distant locations, either foreign or domestic,
in public or private service, such that they are not able to stay at their place of residence for long
periods of time, are deemed actual occupants.

2.3. Residential lands – all lands that have been identified and zoned as residential through the
appropriate ordinance by the Local Government Unit (LGU) having jurisdiction over the area. These
include residential lands within areas zoned as mixed residential and commercial or mixed
residential and industrial.
2.4. Alienable and Disposable lands-  Lands of the public domain classified as agricultural that may be
acquired through grant or confirmation of title.
2.5. Townsite reservations  – proclaimed areas specifically reserved for the establishment of a new
town as provided for in Chapter XI Title V of C.A. 141 or the Public Land Act as Amended.
2.6. Highly urbanized cities (HUC) – as defined in Republic Act No. 7610, otherwise known as the
Local Government Code (LGC), cities with a minimum population of two hundred thousand
(200,000) inhabitants, as certified by the National Statistics Office, and with the latest annual income
of at least Fifty Million Pesos (P50,000,000.00) based on 1991 constant prices, as certified by the
city treasurer. Provided that, any future changes in qualifications for classification as HUC by the
concerned government agency at the time of filing of the application will prevail.
2.7. First class municipalities – municipalities with an average annual income of Fifty Five Million
Pesos (P55,000,000.00), as provided for in Department Order No. 23-08 of the Department of
Finance, dated July 29, 2008 (DO 23-08). Provided that, any future changes in qualifications for
classification as first class municipality by the concerned government agency at the time of filing of
the application will prevail.
2.8. Second class municipalities  – municipalities with an average annual income equal to or more than
Forty Five Million Pesos (P45,000,000.00), but not exceeding Fifty Five Million Pesos
(P55,000,000.00), as provided for in DO 23-08. Provided that, any future changes in qualifications
for classification as second class municipality by the concerned government agency at the time of
filing of the application will prevail.
2.9. Use for Public service – utilization of parcels of land exclusively by the government or any of its
instrumentalities in providing basic services to the general public, such as, but not limited to, market
places; town, city, provincial, or barangay halls; hospitals, clinics, and health centers; police stations;
outposts; jails; and the like.
2.10.             Public use- utilization of parcels of land for structures which are open to the general
public, including, but not limited, to public plazas, parks, resorts, roadways, recreational facilities,
libraries, meeting places, playgrounds, public parking lots, and the like.
2.11.             Disinterested person  any person who has no claim over the parcel of land subject of
the free patent application and who does not stand to benefit from titling and registration or any
other transaction over such parcel of land. A person is also disinterested when her or his relation to
the cause or to the parties is such that she or he has no incentive for exaggerating or giving false
color to her or his statements, or for suppressing or perverting the truth or for stating what is false.
2.12.             Predecessor-in-interest  – a person who, before having lawfully transferred the parcel
subject of the application to the applicant, has held and possessed the same in her or his own right
and under a color of title acquired through any of the modes or acquisition recognized by the Civil
Code. She or he has formerly occupied this parcel of land in the concept of an owner under a bona
fide claim of ownership, but relinquishes her or his right over the same in favor of the applicant.
2.13.             Actual residence – utilization of and presence in a residential structure on the parcel
subject of the application with the intention to reside, coupled with conduct indicative of such
intention, either continuous or interrupted or intermittent, as long as the applicant possesses such
structure and the parcel on which it stands in the concept of an owner.
2.14.             Continuous possession and occupation – use either by the applicant herself or himself,
or through her or his predecessor-in-interest, or the parcel subject of the application in the concept
of an owner. This may be actual possession or occupation, or constructive possession that provides
for non-residence, but with the desire to come back as soon as practicable. The possession and
occupation, whether actual or constructive, must be without interruption, except when prevented
by force majeure or circumstances beyond human control, or not of intermittent character while it
continues. A person who lawfully recovers possession unjustly lost, shall be deemed, for all
purposes which may redound to her or his benefit, to have enjoyed it without interruption.
2.15.             Bona fide claim of acquisition of ownership  – claim for the parcel subject of the
application that is legally adequate as proof of possession and as acceptable to the community to
separate that particular parcel as being owned by the applicant to the exclusion of others. It means
that the applicant holds the properly by virtue of or through any of the modes of acquisition
recognized by the Civil Code. It also refers to a state of mind which is manifested by the acts of the
applicant, done with honest intention to abstain from taking an unconscionable or unscrupulous
advantage or another. It is the opposite of fraud and its absence should he established by
convincing evidence.
2.16.             Accomplished application – a proper application form completely and duly filled in with
the requisite information and that which does not require any additional inputs other than those
already provided in the form, together with all other requirements enumerated under Section 5 of the
IRR.
2.17.             CENRO – the Community Environment and Natural Resources Office of the
Department of Environment and Natural Resources (DENR) having jurisdiction over the parcel
subject of the application, which shall accept the accomplished application submitted by the
applicant. In the National Capital Region, the Regional Office shall perform the functions of the
CENRO. Where portions of the parcel subject of the application are spread over two (2) or more
areas under the jurisdiction of more than one (1) CENRO, the parcel shall be divided such that the
portions shall be the subject of separate free patents applied for in the corresponding CENRO where
they are located.

2.18.             PENRO – the Provincial Environment and Natural Resources Office of the
Department of Environment and Natural Resources (DENR) having jurisdiction over the parcel
subject of the application, which has the power to approve or disapprove such application. In the
National Capital Region, the Regional Executive Director shall perform the functions of the PENRO.
Upon approval of the application, the PENRO shall issue the patent over such parcel of land.

Sec.  3. Qualifications. – Applicants for the issuance of a residential free patent shall possess the
following qualifications, namely:
3.
3.1. Filipino citizenship, as defined in subsection 2.1. In case of doubt the CENRO or the land
investigator concerned may ask for proof of citizenship such as, but not limited to, a copy of the birth
certificate, passport, decree or order of naturalization, or certificate of dual citizenship.

3.2. Actual occupation, actual residence and continuous possession and occupation of the parcel
subject of the application, either by herself or himself or through her or his predecessor-in-interest,
under a bona fide claim of acquisition of ownership, for at least ten (10) years prior to the filing of the
application.

There shall be no age requirement for applicants as long as minor applicants, aged below eighteen
(18) years old, are duly represented by their legal guardians. The heirs of a deceased applicant may
substitute the applicant provided that they themselves possess the required qualifications. There
shall likewise be no limit as to the number of applications which may be filed under RA 10023,
provided that the limitations as to the size of the parcel as stated in Section 4 shall not be exceeded.

No application shall be approved for any individual whose total landholding would exceed a total of
an accumulated twelve (12) hectares, including agricultural lands, should the application be granted.

Sec.  4. Coverage. – The IRR covers all residential lands that have been identified and zoned through
the appropriate ordinance of the LGU concerned, provided that the land applied for is not needed for
public service and/or public use.
4.1. For highly urbanized cities, the area shall not exceed two hundred (200) square meters.

4.2. For other cities, the area shall not exceed five hundred (500) square meters.

4.3. For first class and second class municipalities, the area shall not exceed seven hundred fifty
(750) square meters.

4.4. For all other municipalities, the area shall not exceed one thousand (1000) square meters.

In the determination of the size limitation of the parcel subject of the application, the above
classifications of LGUs at the time of filing of the accomplished application shall be considered.

All CENROs shall secure a copy of approved zoning ordinances of cities and municipalities within
their jurisdiction for identification of zoned residential areas. They shall also secure area
certifications from the LGU planning offices that the areas identified and zoned as residential lands
arc not needed for public use or public service. The LGU zoning at the time of filing of the
application shall be considered for purposes of complying with the zoning requirement.

Sec.  5. Requirements for applications. The applicant ion form accompanied by the requirements
enumerated below shall constitute an accomplished application for the issuance of free patents for
residential lands.
5.1. Copy of approved plan based on an actual survey conducted by a licensed geodetic engineer or
copy of cadastral map showing the parcel of land applied for. For purposes of securing the approval
of a survey, the application number is not necessary.

5.2. Copy of technical description of the parcel of land subject of the application. LMB form 700-2A
or LMB form 700-2B may be used.
5.3. Simplified sketch of the land parcel showing the adjacent lots, corners and natural or manmade
features that define the boundaries of the land.

5.4. Affidavit of two (2) disinterested persons residing in the barangay of the city or municipality
where the land is located, attesting to the truth of the facts contained in the application to the effect
that the applicant thereof has, either by himself or through his predecessor-in-interest, actually
resided on and continuously possessed and occupied, under a bona fide claim of acquisition of
ownership, the subject land for at least ten (10) years

5.5. For isolated applications, a certification from the Regional Trial Court that there is no pending
land registration case involving tile land parcel being applied for.

Sec.  6. Procedure in the CENRO for processing applications. – Applications for residential free patent
shall be filed in the CENRO whose jurisdiction covers the area where the parcel of land subject of
the application is situated. This may also include on-site acceptance of accomplished applications
by the CENRO or any of his authorized representatives. The CENRO may also authorize any public
office to accept applications and to prepare applications and documents for processing.
6.1. No application shall be accepted/processed without submitting the complete requirements
including the approved plan and technical description. A preliminary assessment of compliance with
the qualifications and documentary requirements based on the checklist may be made before
acceptance of the application and the commencement of the 120-day period.

6.2. Posting of Notices. – Upon receipt of an accomplished application, the CENRO concerned shall
cause the posting of notices for 15 days in two (2) conspicuous places within the municipality or city,
preferably in the location of its office, or any other place that can be readily seen, such as, but not
limited to, public bill boards, public plazas, municipal/city/barangay halls and market places. The
CENRO shall issue the certificate of posting of notice after the 15 day period has elapsed.

6.3. The CENRO is required to process the application, including the publication thereof, within a
non-extendible period of one hundred twenty (120) days from the date of filing of the accomplished
application. The 120-day period starts the moment that an accomplished application leaves the
hands of the applicant and is turned over to the CENRO or any authorized representative thereof.
The period for verification with the records (e.g. determining whether or not a patent had already
been issued for the parcel in question) is included in the 120-day period. The period for approval of
surveys is not included in the 120-day period. The CENRO may provide for acceptance and
processing of applications by batch (by date or by geography) to comply with the 120-day
processing period.

6.4. Upon approval of the CENRO, the application and the complete records of the application shall
be forwarded to the PENRO for her or his approval and signature.

6.5. Should the CENRO determine that the application is incomplete in requirements, she or he shall
reject the application without prejudice to re filing.

6.6. The investigator shall conduct an ocular inspection on the pared of land applied for and shall
determine the qualifications of the applicant as well as verify the claims of the applicant on the land.
The land investigator is authorized to subscribe proofs, affidavits and oaths of any kind required or
necessary in connection with the application for residential free patent.
6.7. In case an opposition is filed, the 120-day period for processing shall be deemed interrupted.
The CENRO shall notify the applicant on the opposition and shall subject the application to the
regular claims and conflict procedures of the DENR.

6.8. The CENRO shall fast track the resolution of all claims and conflicts arising from residential free
patent applications within120 days and shall notify the conflicting parties within 15 days from the
date of resolution. The CENRO shall apply alternative dispute resolution (ADR) mechanisms in the
resolution of claims and conflicts.

6.9. The CENRO shall establish a computerized data base and system of record keeping with
respect to all public land applications and patents arising from the implementation of this Act.

Sec.  7. Procedure in the PENRO. – Upon the recommendation of the CENRO concerned, the
corresponding PENRO shall have a non-extendible period of five (5) days from receipt of such
recommendation to either approve and sign the patent or disapprove the application.
In case of approval, the PENRO shall notify the applicant within 15 days and forward the patent to
the Registry of Deeds

In case of disapproval, the PENRO shall notify the applicant within 15 days and remand the entire
records to the CENRO for appropriate action.

The PENRO may disapprove the application without prejudice to re-filing on the grounds of non-
compliance with documentary requirements. He/she may disapprove an application with prejudice to
refilling on grounds of non-qualification of the applicant and when the land applied for should
undergo claims and conflict resolution procedures.

The disapproval of the application by the PENRO may be appealed to the Secretary of the DENR
through appropriate channels

Sec.  8. Other Pending Applications.  – Pending miscellaneous sales applications falling within the
purview of RA 10023 prior to the order of award may be converted to applications for residential free
patent. Provided, that the applicant is informed and his/her consent is obtained.
All pending miscellaneous sales application after the order of award and those applicants thereof
who have commenced payment on any of the required equal annual installments shall be given the
option to continue with the miscellaneous sales application or to convert their application into an
application under RA 10023, provided that an affidavit of relinquishment of rights to the MSA and of
forfeiture of previously paid installments shall be executed.

The conversion of pending Miscellaneous Sales Applications shall comply with the area limits
specified in Section 4.

The CENRO shall issue an order’ cancelling the miscellaneous sales application and converting the
MSA to a residential free patent application.

Townsite sales applications falling within the qualifications of R.A. 10023 and before the bidding has
been conducted, may also be converted to residential free patent applications. Provided, that the
applicant consents to the conversion and provided further, that the applicant relinquishes any other
type of claim through an affidavit. And provided further, that the conversion shall comply with the
area limits specified in Section 4.
Sec.  9. Removal of Restrictions. – The following restrictions under Chapter XIII, Title VI of
Commonwealth Act No. 141 shall not be applicable to patents issued under RA 10023, to wit:
“Section 118. Except in favor of the Government or any of its branches, units, or institutions, lands
acquired under free patent or homestead provisions shall not be subject to encumbrance or
alienation from the date of the approval of the application and for a term of five years from and after
the date of issuance of the patent or grant, nor shall they become liable to the satisfaction of any
debt contracted prior to the expiration of said period, but the improvements or crops on the land may
be mortgaged or pledged to qualified persons, associations, or corporations.

No alienation, transfer, or conveyance of any homestead after five years and before twenty-five
years after issuance of title shall be valid without the approval of the Secretary of Agriculture and
Commerce, which approval shall not be denied except on constitutional and legal grounds.”

“Section 119. Every conveyance of land acquired under the free patent or homestead provisions,
when proper, shall be subject to repurchase by the applicant, his widow, or legal heirs, within a
period of five years from the date of the conveyance.”

“Section 121. Except with the consent of the grantee and the approval of the Secretary of Natural
Resources, and solely for commercial, industrial, educational, religious or charitable purposes or for
a right of way, no corporation, association, or partnership may acquire or have any right, title,
interest, or property right whatsoever to any land granted under the free patent, homestead, or
individual sale provisions of this Act or to any permanent improvement on such land. The provisions
of Section 124 of this Act to the contrary notwithstanding, any acquisition of such land, rights thereto
or improvements thereon by a corporation, association, or partnership prior to the promulgation of
this Decree for the purposes herein stated is deemed valid and binding; Provided, That no final
decision of reversion of such land to the State has been rendered by a court; And Provided, further,
That such acquisition is approved by the Secretary of Natural Resources within six (6) months from
the effectivity of this Decree.”

“Section 122. No land originally acquired in any manner under the provisions of this Act, nor any
permanent improvement on such land, shall encumbered, alienated, or’ transferred, except to
persons, corporations, associations, or partnerships who may acquire lands of the public domain
under this Act or to corporations organized in the Philippines authorized therefor by their charters.

Except in cases of hereditary succession, no land or any portion thereof originally acquired under
the free patent, homestead, or individual sale provisions of this Act, or any permanent improvement
on such land, shall be transferred or assigned to any individual, nor shall such land or any
permanent improvement thereon be leased to such individual, when the area of said land, added to
that of his own, shall exceed one hundred and forty-four hectares. Any transfer, assignment, or
lease made in violation hereof, shall be null and void.”

“Section 123. No land originally acquired in any manner under the provisions of any previous Act,
ordinance, royal order, royal decree, or any other provision of law formerly in force in the Philippines
with regard to public lands, terrenos baldios y realengos, or lands of any other denomination that
were actually or presumptively of the public domain, or by royal grant or in any other form, nor any
permanent improvement on such land, shall be encumbered, alienated, or conveyed, except to
persons, corporations or associations who may acquire land of the public domain under this Act or
to corporate bodies organized in the Philippines whose charters authorize them to do so; Provided,
however, That this prohibition shall not be applicable to the conveyance or acquisition by reason of
hereditary succession duly acknowledged and legalized by competent courts; Provided, further, That
in the event of the ownership of the lands and improvements mentioned in this section and in the
last preceding section being transferred by judicial decree to persons, corporations or associations
not legally capacitated to acquire the same under the provisions of this Act, such persons,
corporations, or associations shall be obliged to alienate said lands or improvements to others so
capacitated within the precise period of five years; otherwise, such property shall revert to the
Government.”

Sec. 10. Separability Clause. – If, for any reason, any section or provision of this implementing Rules
and Regulations is declared null and void, no other section, provision, or part thereof shall be
affected and the same shall remain in full force and effect.
Sec.  11.  Repealing Clause. – All orders, circulars, memoranda and other issuances inconsistent
herewith are hereby repealed and/or amended accordingly.
Sec.  12.  Effectivity. – This order shall take effect fifteen (15) days after the publication thereof in a
newspaper of general circulation and acknowledgment of receipt of a copy from the Office of the
National Administrative Register.

TO IMPROVE EFFICIENCY IN THE DELIVERY OF PUBLIC SERVICE  BY

REDUCING BUREAUCRATIC RED TAPE

PURPOSE OF CITIZEN’S CHARTER

To promote transparency in the DENR with regard to the manner of transacting with the public through
the simplification of frontline service procedures, formulation of service standards for every transaction,
and making these known to the customer.

DENR MANDATE

The DENR is the primary government agency responsible for the conservation, management,
development and proper use of the country’s environment and natural resources.

VISION

A nation enjoying and sustaining its natural resources and a clean and healthy environment.

MISSION

The DENR shall be the driving force in the pursuit of sustainable development, enabling stakeholders’
participation in the protection, conservation and management of the environment and natural resources
for the present and future generations.

In pursuit of the foregoing, the  fast, efficient and satisfactory performance of the following frontline
services of the DENR may be demanded by customers: