Organizational Structure
and Natural Resources) is the primary
Department of Environment and
Natural Resources
Justice Oswaldo D. Agcaoili
The Public Land Act provides that the
Secretary of Environment and Natural Resources
is the executive officer charged with carrying out
the provisions of the Public Land Act, through
the Director of Lands, who shall act under his
immediate control. Subject to said control, the
Director of Lands shall have direct executive
control of the survey, classification, lease, sale or
any other form of concession or disposition and
management of the lands of the public domain,
and his decision as to questions of the fact shall
be conclusive when approved by the Secretary
of Environment and Natural Resources, in the
absence of a showing that such decision was
rendered in consequences of fraud, imposition,
or mistake, other than error of judgement in
estimating the value or effect of evidence,
regardless of whatever or not it is consistent
with the preponderance of the evidence, so long
as there is some evidence upon which the
finding in question could be made.
It is understood of course that the decision of
the Director of Lands may be annulled or
reviewed in a direct proceeding and not
collaterally as when the issue involves a question
of law or is based upon a misconstruction of the
law, or when the conclusions drawn by the
Secretary from the facts found are erroneous or
not warranted by law.
The DENR (Department of Environment
government instrumentality charges with the
mandate of promulgating rules and regulations
for the protection of the environment and
conservation of natural resources, but it is not
the only government instrumentality clothed
with such authority. Municipal governments are
clothed with authority to enact ordinances and
issue such regulations as may be necessary to
provide for the health, safety, comfort and
convenience, maintain peace and order,
improve public morals, promote the prosperity
and general welfare of the municipality and its
inhabitants, and ensure the protection of
property in the municipality.
a. Specific functions of the Department
Secretary
Section 4, Chapter I, Title XIV of the Revised
Administrative Code of 1987 specifically vests in
the Department the following powers and
functions:
"Sec. 4. Powers and Functions. The
Department shall;
xxx xxx xxx
(4) Exercise supervision and control over
forest lands, alienable and disposable public
lands, mineral resources and, in the process of
exercising such control, impose appropriate
taxes, fees, charges, rentals and any such form
of levy and collect such revenues for the
exploration, development, utilization or
gathering of such resources;
 xxx xxx xxx
(14) Promulgate rules, regulations and
guidelines on the issuance of licenses, permits,
concessions, lease agreements and such other
privileges concerning the development,
exploration and utilization of the country's
marine, freshwater, and brackish water and over
all aquatic resources of the country and shall
continue to oversee, supervise and police our
natural resources; cancel or cause to cancel such
privileges upon failure, non-compliance or
violations of any regulation, order, and for all
other causes which are in furtherance of the
conservation of natural resources and
supportive of the national interest;
(15) Exercise exclusive jurisdiction on the
management and disposition of all lands of the
public domain and serve as the sole agency
responsible for classification, sub-classification,
surveying and titling of lands in consultation
with appropriate agencies."
The Department is mandated to accelerate
cadastral and emancipation patent surveys, land
use planning and public land titling.
b. Specific functions of the LMB Director and
regional officers
The administration and distribution of
public lands is committed by law to the Director
of Lands primarily, and ultimately, to the
Department Secretary.
Under EO No. 192, the newly created Lands
Management Bureau (LMB) has absorbed the
functions and powers of the Bureau of Lands
except those line functions and powers which
were transferred to the regional field offices,
The LMB is headed by a Director and assisted by
an Assistant Director who shall advise the
Department Secretary on matters pertaining to
rational land classification management and
disposition and shall have the following
functions:
(a) Recommend policies and programs for the
efficient and effective administration,
surveys, management and disposition of
alienable and disposable lands of the
public domain and other lands outside the
responsibilities of other government
agencies; such as reclaimed areas and
other areas not needed for or are not
being utilized for the purposes for which
they have been established;
(b) Advise the regional offices on the efficient
and effective implementation of policies,
programs and projects for more effective
public lands management;
(c) Assist in the monitoring and evaluation of
land surveys, management and
disposition of lands to ensure efficiency
and effectiveness thereof;
(d) Issue standards, guidelines, regulations
and orders to enforce policies for the
maximization of land use and
development;
 (e) Develop operating standards and
procedures to enhance the Bureau's
objectives and functions;
(f) Assist the Secretary as executive officer
charged with carrying out the provisions
of the Public Land Act (CA No. 141, as
amended), who shall have direct
executive control of the survey,
classification, lease, sale or any other
forms of concessions or disposition and
management of the lands of the public
domain;
(g) Perform other functions as may be
assigned by the Secretary and/or provided
by law.
The regional offices of the then Bureau of
Forest Development, Bureau of Mines and
Geosciences, and Bureau of Lands in each of the
13 administrative regions are now integrated
into the Department- wide Regional
Environment and Natural Resources Office of
the Department. A regional office is headed by a
Regional Executive Director who shall be
assisted by five Regional Technical Directors.
c. Delegated Functions
Under DENR Administrative Order No. 38,
series of 1990, various regulatory and
administrative matters and delegated functions
are defined.
On land Management, the Department
Secretary, approves, among other things, the
appraisal of public lands and issues authority to
conduct bidding covering agricultural land sales
above five hectares and leases covering 100
hectares and above; approves transfer of public
land applications or deeds of sale/mortgage of
patented lands above 12 hectares; decides cases
on appeal involving claims/conflicts over public
lands; and signs patents for areas more than five
hectares for sale and more than ten hectares for
homestead and free patents.
The Regional Executive Director (RED)
issues orders of bidding and signs contracts for
cadastral and public land subdivision survey
projects; issues investigation orders involving
patented lots; decides claims and conflicts
involving public lands; issues orders of
execution; signs patents and reconstituted
patents for areas up to five hectares for sales
and five up to ten hectares for homestead and
free patent; and issues original revocable or
provisional permits for alienable and disposable
lands.
The Regional Technical Director (RTD)
verifies, approves and sign maps and plans for
public and subdivision, cadastral and isolated
surveys; approves survey plans for OLT and
other agrarian reform projects; verifies and
approves political boundary surveys; and issues
survey orders for public land subdivision and
cadastral survey covering land up to 500
hectares.
The Provincial, Environment and Natural
Resources Officer (PENRO) issues certificates of
land classification for areas over 50 hectares;
approves appraisal of public lands and issues
authority to conduct bidding on sale and leases
for areas up to 1,000 sq.m. for commercial,
industrial and residential purposes; approves
appraisal of public lands and issues authority to
conduct bidding covering leases below five
hectares for agricultural purposes; issues orders
of investigation involving claims and conflicts
over unpatented lots; and signs patents and
reconstituted patents for areas up to five
hectares for homestead and free patent.

The Community Environment and Natural

Resources Officer (CENRO) issues survey orders
to conduct isolated surveys; issues certificates of
land classification for areas below 50 hectares;
accepts public land applications and processes
the same; conducts oral or sealed bidding for the
sale or lease of public lands; ands issues survey
orders for the subdivision of cadastral lots for
patented and unpatented lands.

C. Classification of Lands

Classification of lands, generally.

Government lands are classified in a number of

ways. 'They may be (a) lands of the public
domain, either alienable or inalienable, or b)
lands of the private domain, which refer to "land
belonging to and owned by the state as a private
individual, without being devoted for public use,
public service or the development of national
wealth…. similar to patrimonial properties of the
State"