GE122 | Land Administration and Management

Yu, Lucille G. BSGE – IV Section: DE1

Caraga State University – Main Campus
Engr. Lorie Cris S. Asube

Assignment No.3: Land Policy

Answer the following questions:

Give at least three (3) land policies in the Philippines. (5 pts)

1. Forestry Reform Code of the Philippines

2. Urban Development and Housing Act (UDHA)
3. Comprehensive Agrarian Reform Law (CARL)

How are these policies being formulated and implemented? (15 pts.)

The Presidential Decree 705 or the Forestry Reform Code of the Philippines
establishes the fundamental precepts of forest development and preservation. Provisions for
forestry administration are affirmed in the first chapter; land survey and classification for
forestry purposes are stated in Chapter 2; the use of forest resources is then stated in its third
chapter. The Southern Cebu Reforestation Development Project, the Reforestation
Administration, the Bureau of Forestry, and the Parks and Wildlife Office are united into a
single entity known as the Bureau of Forest Development to carry out the requirements of this
Code. All forest land, grazing areas, and forest reserves, including watershed reservations,
would fall under the Bureau's jurisdiction and power now handled by other government
agencies. Its Department Head shall establish the criteria, guidelines, and methods for
adequately classifying and surveying all public domain lands into agricultural, industrial or
commercial, residential, resettlement, mineral, timber or forest, and grazing lands, as well as
any other classes established by law, rules, and regulations now or in the future.
 The Urban Land Reform and Housing Act (UDHA), also known as Republic Act
7279, provided the legislative foundation for urban land reform and housing for informal
settlers, slum residents, and other impoverished people. The restriction on quick evictions and
housing demolitions without due process and sufficient relocation and the provision of
government loans to low-income families through the Community Mortgage Program are
essential elements. In terms of the right to be free of forced evictions and when it comes to
demolitions, the UDHA establishes a rigid process in its Section 28, which lays out
fundamental requirements for conducting a reasonable and compassionate eviction and
demolition. The UDHA was adopted to set the framework for a comprehensive and long-term
urban development and housing policy and the mechanisms for implementing it. This policy
gave local governments more capacity to deal with urban development challenges, created the
stage for participatory governance, and mandated private sector participation in the national
shelter program.

The Comprehensive Agrarian Reform Law (CARL) or the Republic Act 6657
expanded the scope of rural land reform by encompassing private and public agricultural
properties independent of crops or tenure arrangements and offering support services to
agrarian reform beneficiaries such as infrastructure, capability-building, and credit-marketing
help. Executive Order 229 outlined the methods for putting the CARL into effect. Around 10.2
million hectares were set aside for distribution over ten years when the initiative began. Private
agricultural lands acquired through Operation Land Transfer (OLT), Voluntary Offer to Sell
(VOS), Voluntary Land Transfer (VLT), and Compulsory Acquisition (CA), as well as lands
owned by Government Financial Institutions (GFIs) and non-private agricultural lands in the
form of Settlements, KKK lands, and Landed Estates, are among the lands distributed by the
Department of Agrarian Reform (DAR). Lands were supposed to be handed to landless farmers
and agricultural laborers in ten years, but when that did not happen, the statute was extended
for another ten years, then again until 2014.

Write the advantages and disadvantages of implementation. (15 pts.)

For PD 705, the revised Forestry Code offers incentives and regulates the wood sector
based on sustainable output. Land lease contracts for a term of 25 years, extendable for another
25 years, supporting the creation of industrialized tree plantations and tree farmlands. It
mandates that industrial tree plantations be 1,000 hectares in size and tree farms be 100 hectares
in size. The wood sector has been designated as a premier investment area, with tax incentives
and other privileges. The Forestry Code says that "all areas over 18 degrees slope immediately
belong to the state and are classed as forest lands," which has been a disagreement. Large parts
of ancestral domain lands, on the other hand, have slopes of 18 degrees or more. Furthermore,
many ancestral domains share borders with national parks and protected areas, land grants, and
agrarian reform zones, all of which are governed by titles and stewardship agreements. An
inter-agency accord attempted to solve the situation by issuing a Joint Administrative Order.
However, the result has been to halt granting new ancestral domain titles due to competing
claims.

For UDHA, 20 percent of all planned subdivision lands must be set aside for socialized
housing. This obligatory criterion can be met by paying for units to the National Housing
Authority (NHA), the government's building arm in charge of social housing development.
However, achieving these needs with flexibility by offering off-site housing, typically far from
the city center, runs counter to the goal of providing inexpensive social housing for the urban
poor alongside job possibilities. It enabled local authorities to resolve urban development
challenges, laid the groundwork for democratic governance, and guaranteed participation of
the private sector in the national housing program through some kind of statutory authority to
reserve 20% of all planned subdivision areas for housing programs. However, achieving this
need through off-site housing, which is generally far from the city core, runs counter to the
goal of providing inexpensive social housing for the urban poor near job prospects. As a result,
the supply of social and inexpensive housing in urban regions remains deficient. The LGC
requires LGUs to produce a comprehensive land-use plan (CLUP) adopted through zoning
ordinances, a comprehensive development plan, and other multisector planning processes and
infrastructure spending programs, such as the local development investment plan (LDIP).
However, the capacity of local authorities and regions to carry out this responsibility varies.

CARL has made significant progress in land reform areas and the number of recipients
during the last 30 years. Unfortunately, there are indications that the program's coverage
regions and participants were inadequately targeted. Due to the lack of parcel-based
information on land use and ownership and the country's weak land record system, DAR had
trouble establishing the land registry and master list of grantees. In addition, there is no list of
farmers or renters in the nation. Landowners, local officials, especially DAR officials, have all
affected targeting at the local level to speed up land tenure reform. Conflicts arose between
landowners and Agrarian Reform Beneficiaries and among the beneficiaries themselves, which
the agrarian judiciary system had to resolve. It also needs to deal with incidents of title
cancellation, which causes insecurity in CARP-generated title property rights. Conflicts arose
between landowners and Agrarian Reform Beneficiaries and among the beneficiaries
themselves, which the agrarian judiciary system had to resolve. It also needs to deal with
incidents of title cancellation, which causes insecurity in CARP-generated title property rights.