18.1 PUBLIC ALIENABLE AND DISPOSABLE LANDS How are public alienable and disposable lands to be distributed?
In general, all alienable and disposable public lands suitable to agriculture shall be distributed by the DENR to qualified citiz ens of the Philippines. Agrarian reform beneficiaries may be considered by the DENR provided that they are certified by DAR and DENR as still qualified to acquire public lands pursuant to the Joint DAR- DENR Administrative Order No. 07, Series of 1991.
Areas subject to adverse claims by persons other than the applicant- tillers cannot be distributed until such claims are settled. Who are the qualified applicants?
The following are generally qualified to apply for patents to public lands which are suitable to agricultural purposes and who satisfy additional existing requirements as prescribed by the Public Land Law (CA 141, as amended):
1. a Filipino citiz en; 2. occupant- tiller of the land;
3. does not own other landholdings, the aggregate area of which does not exceed the limits allowed for the particular type of public land application; 4. is not an illegal entrant/occupant
What are the procedures followed in the distribution of public A & D lands to qualified applicants?
1. Filing of public land application shall be done at the Community Environment and Natural Resources Office (CENRO) having jurisdiction over the subject land. (Note: only lands covered by approved surveys may be the subject of a public land application).
2. Processing of the application, including verification of qualifications and compliance with all the requirements of residence, cultivation, payment of required fees, etc., are done at the CENRO and the Provincial Environment and Natural Resources Office (PENRO) levels.
3. Signing of the land patent by the PENRO (up to five hectares for homestead and free patents), and by the Regional Environment Director (RED) (up to ten hectares) and by the DENR Secretary, if in excess of ten hectares.
18.2 INTEGRATED SOCIAL FORESTRY PROGRAM Are forest lands suitable for agro-forestry also covered by CARP?
Yes, but only under the non- land transfer component of CARP called the "Integrated Social Forestry Program (ISFP)". Forest lands suitable for agro- forestry may be allocated to forest occupants under the principle of stewardship. They cannot be distributed for titling to agrarian reform beneficiaries in order to protect the forest.
ISFP involves the issuance of long- term tenurial agreements through Certificates of Stewardship Contracts or Community Forest Stewardship Agreements effective for twenty (25) years renewable for another 25 years and the provision of technical, social, material and other support services to individual forest occupants and forest communities. With these support services, the DENR hopes to reforest denuded lands to improve the socio- economic conditions of the occupants.
What is the maximum land size which can be availed of by qualified applicants under ISFP? Seven (7) hectares shall be the maximum siz e of land that can be availed of under ISFP. 18.3 SETTLEMENT AREAS
Do the guidelines for public A & D lands suitable to agriculture apply to DAR settlement areas? No. All DAR Settlement Projects covered by a Presidential Proclamation issued before the effectivity of RA 6657 are deemed to have been classified as alienable and disposable under the powers of the Chief Executive to classify lands of the public domain and by virtue of the expressed provisions in the proclamation authoriz ing the DAR to dispose of the lands described in such proclamation. What rules govern the manner and mode of disposition and titling of lots in the DAR settlement projects?
a. Administrative Order No. 09, Series of 1989 entitled "Rules and Procedures Governing Titling and Distribution of Lots in DAR Settlement Projects"; and b. Administrative Order No. 01, Series of 1992 entitled "Revised Rules and Procedures Governing the Disposition of Homelots and Other Lots in Barangay Sites and Residential, Commercial and Industrial Lots in Town Sites Within DAR Settlement Projects and Similar Other Areas Under DAR Jurisdiction".
How much should the ARBs pay for lands distributed in DAR settlement areas?
None. All lots (agricultural or non- agricultural) shall be distributed free of cost. No survey fees or other costs relative to the distribution of the land shall be charged to the beneficiary.
What are the functions of the MARO under these procedures? 1. Conduct a physical inventory and perform the following:
a. Review and evaluate the list of allocatees and conduct lot verification to determine whether the ARB allocatees still occupy and till the lots covered by the Certificates of Allocation;
b. Require the occupant/tiller to accomplish the Farmer Beneficiary Application Form (SP Form No. 01);
2. Evaluate application forms and recommend appropriate action. Recommendation shall be based on the following guides: For applicant with Certificate of Allocation (CA):
a. If applicant is living and is the actual cultivator/occupants: Issue CLOA
b. If deceased but the heirs are actual cultivators/occupants: Issue CLOA to qualified heirs c. If not an actual cultivator: Cancel CA and Issue CLOA to qualified beneficiary
d. If occupying the wrong lot: Issue CLOA for lot actually occupied and cancel CA for the corresponding lot e. If absentee CA holder: Consider land covered by CA abandoned and apply procedures for cancellation of allocation
If applicant has no CA but is a qualified actual occupant/transferee: Issue CLOA for not more than three hectares of his/her own choice and preference. Area in excess shall be distributed with preference to his/her qualified children.
3. Consolidate SP Form No. 1 and prepare Summary FB Data Sheet (SP Form No. 02) for those applicants recommended for issuance of CLOA. This shall constitute the Land Distribution Folder.
4. Endorse the LDF to PARO for review and CLOA preparation.
5. Prepare a summary list of vacant and unallocated lots and lots with certificates of allocation recommended for cancellation. What are the grounds for cancellation of allocation?
1. Absence of the settler/allocatee from the settlement for more than six (6) months without written permission of the DAR; 2. Transfer of rights by transferor without written consent and approval of the DAR Regional Director concerned; 3. Voluntary renunciation or waiver of rights in writing;
4. Failure to cultivate the lot for a period of more than six (6) consecutive months from the date of allocation of said lot; and 5. Death of settler/allocatee if he/she has no qualified heir.
What is the award ceiling for qualified beneficiaries?
The award ceiling shall not be more than three hectares. However, qualified beneficiaries who have occupied and cultivated the land and established their vested rights prior to 15 June 1988, in accordance with the Public Land Law and other existing laws, shall be awarded the legal limits allowed by said laws.
Who are the qualified beneficiaries? 1. landless;
2. Filipino citiz en;
3. Actual occupant/tiller who is at least 18 years of age or head of the family at the time of filing of application; and 4. Has the willingness, ability and aptitude to cultivate and make the land productive.
Preferential assistance shall be given to:
1. Qualified women members of the agricultural labor force; 2. War veterans and veterans of military campaign; 3. Retirees of AFP and INP;
4. Returnees/surrenderees; and 5. Graduates of agricultural school
What other types of lots can be distributed in the settlement areas?
Homelot
refers to a parcel of land which is intended for farm residence in a barangay site. Residential Lot
Town Site Lot
refers to a parcel of land in the town site of a settlement which is intended either for residential, commercial, or industrial use. Industrial Lot
refers to a parcel of land in the town site intended as a site for processing of products and for other industrial purposes. Who are qualified applicants for these lands?
1. Filipino citiz en;
2. At least 15 years of age or head of the family at the time of filing of application; and
3. Applicant or his/her spouse is not the owner- awardee or allocatee of another homelot, residential, commercial or industrial lot. What is the award ceiling for such types of lands within settlement areas?
A qualified applicant is entitled to acquire only one homelot or one residential/commercial or industrial lot with an area not more than one thousand (1,000) square meters. However, an awardee or allocatee of a homelot or residential lot may still be allowed to acquire one commercial or industrial lot following the provisions of AO No. 01, Series of 1992.
What are the modes of disposition of homelots and other types of lots?
1. Homelots and residential, commercial and industrial lots shall be disposed of by direct sale to qualified actual occupants. If the occupant is not qualified, the lot may be sold to the qualified members of the family. If there is none, then the lot shall be considered vacant and shall be disposed of.
2. Vacant homelots in barangay sites shall be disposed of through public raffle to qualified applicants.
3. Vacant residential, commercial and industrial lots shall be disposed of through public bidding, to the highest qualified bidder. However, no bid should be less than the appraised value of the lot.
4. Lots allotted to or intended for public use, whether within barangay sites or town sites shall be turned over by the DAR to the particular government entity or agency concerned.
5. An allocatee occupying the lot allocated or awarded to him/her before the effectivity of said AO 01- 92 shall be issued a CLOA upon payment of the cost of the land. 6. An allocatee or awardee occupying a different lot allocated or awarded to him/her before effectivity of the above mentioned AO shall be awarded the correct lot and issued a CLOA upon full payment the lot.
7. Awards/allocations of absentee beneficiaries shall be cancelled and the lot shall be awarded and titled to the actual occupants. How much is the cost of these lots?
For homelots, the cost should not be less than three pesos (P3.00) per square meter; for residential, ten pesos (P10) per square meter; and fifteen pesos (P15) for industrial and commercial lots allocated or awarded prior to AO No. 01- 92.
18.4 PUBLIC AGRICULTURAL LANDS TURNED OVER BY THE NATIONAL LIVELIHOOD AND SUPPORT FUND
What rules govern public agricultural lands turned over by the National Livelihood and Support Fund (NSLF) to the Department of Agrarian Reform for distribution under CARP?
These are governed by Memorandum Circular No. 07, Series of 1993 entitled "Implementing Guidelines on the Distribution and Titling of the Public Agricultural Lands Turned Over by the National Livelihood and Support Fund to the Department of Agrarian Reform for Distribution Under the CARP Pursuant to EO 407, Series of 1990, as Amended by EO 448, Series of 1991 and as Clarified under Memorandum Order No. 107 of the President of the Philippines dated 23 March 1993"
Under MO 107, the DAR and the DENR were directed to jointly determine which areas were classified as alienable and disposable agricultural lands previous to the effectivity of Proclamation No. 2282 for disposition by the DAR through the issuance of CLOAs to qualified beneficiaries. DaScHC Who are the qualified beneficiaries?
1. In general, the farmer- tiller or actual occupant shall be given preference in the distribution of the lands occupied by him/her provided that the area will not exceed three hectares per farmer- beneficiary. Areas in excess, if any, may be distributed to the qualified children or relatives of the ARB designated by him/her.
2. Farmers organiz ation may also be issued collective CLOAs, the total hectarage covered, however, shall not exceed the number of co- owners or members of the farmers organiz ation multiplied by three, except in meritorious cases approved by the PARC.
3. Cultural communities or indigenous tribal groups located within the A & D areas with no adverse claims shall be issued collective CLOA in the name of the community or the tribe concerned, represented by the acknowledged leader. In case the total hectarage will exceed the three hectare award ceiling per member, the approval of the PARC shall be secured.
What portions shall not be covered?
1. Lands with adverse claims until the adverse claims are resolved administratively or judicially.
2. Parcels or lots already titled, except when their area exceeds the five hectare retention limit, in which case they shall be covered following the schedule of priorities. 3. Parcels or lots covered by public land applications filed with the DENR or the DA. The applicant concerned shall be allowed to pursue the application with the DENR. Applicants who wish to instead acquire their lots through CARP may be allowed to do so provided that they present proof that they have already requested the DENR to cancel or reject their applications and that they possess all the qualifications of an ARB.
4. Lands which have been proclaimed as reservations in favor of other government agencies or instrumentalities. Portions which are not being used for the purpose of the reservation or not needed by the agency or instrumentality concerned may be acquired under separate negotiations initiated by the DAR.
5. Poblacions, town sites, barangay sites, and similar sites actually used for residential or non- agricultural purposes. Their titling shall be pursued under other government programs under the responsibility of other government agencies.
6. All lands utiliz ed as government sites in addition to those lands specified in Section 10 of RA 6657 (on exemptions).
7. Lands intended for or devoted to public use such as highways, roads, railroads, foreshores, public right of way and other similar uses, as well as lands under bodies of water such as rivers, creeks, lakes, bays, natural springs, irrigation canals, reservoirs, and similar areas under water.
8. Lands where the actual occupant or claimant may already be entitled to a free patent under RA 6940 (continuous occupation and cultivation by himself or through his predecessors- in- interest for at least thirty (30) years prior to 16 April 1990, among other requirements). The claimant may be allowed to perfect his/her rights through the DENR. However, occupants or claimants who prefer to become ARBs instead shall be included in the CARP if qualified.
shall be referred to the DENR for possible inclusion in the ISFP program. Will these lands be paid for by the beneficiaries?
No, except for the payment of the proportionate cadastral survey costs as determined by the DENR. If such survey cost is not paid by the ARB at the time of the CLOA issuance, this shall be annotated as a lien on the title.
18.5 LANDS OF THE PUBLIC DOMAIN COVERED BY CANCELLED OR EXPIRED PASTURE LEASE AGREEMENTS (PLAs) AND TIMBER LICENSE AGREEMENTS (TLAs) PER EO 407
What rules govern the CARP coverage of lands of the public domain covered by expired PLAs and TLAs?
Joint DAR- DENR Administrative Order No. 02, Series of 1992 provided the rules and procedures on the disposition of lands of the public domain covered by cancelled or expired Pasture Lease Agreements (PLAs) and Timber License Agreements (TLAs), following the provisions of Executive Order No. 407 dated 14 June 1990.
Are these lands acquired by the DAR?
No, under the Joint Administrative Order, the role of the DAR in lands covered by expired or cancelled PLAs and TLAs is to screen and identify the ARBs. It is the DENR which, in coordination with DAR, distributes the land under the ISF program.
How will these lands be allocated to ARBs?
These shall be distributed by the DENR in collaboration with the DAR, either individually or collectively to ARBs who are duly verified and screened by the DAR.
What are the procedures in the distribution of lands covered by the expired and cancelled PLAs and TLAs? What are the roles of the DAR and DENR?
1. DENR Secretary identifies and declares that certain expired/cancelled leases are available for CARP.
2. DAR verifies if the actual occupants- cultivators within the subject area have been registered as prospective and qualified beneficiaries pursuant to DAR Administrative Order No. 10, Series of 1989. If not, it conducts an inventory of the occupants/cultivators.
3. If there are registered prospective and qualified beneficiaries, the DAR reviews the register and in coordination with DENR, verifies who among them are actual occupants and prioritiz es the allocation giving preference to actual occupants/cultivators;
4. The DENR conducts a survey of the parcels allocated to applicant/beneficiaries;
5. The applicant, assisted by DAR files the application for Certificate of Stewardship (CS) in the prescribed form, together with the certification of the Municipal Agrarian Reform Officer (MARO) at the DENR/CENRO Office concerned where the area applied for is located; and
6. The CENRO issues Certificate of Stewardship (CS) for areas up to three (3) hectares. Are lands under cancelled or expired PLAs and TLAs subjected to titling under CARP?
No, public lands classified as forest lands are inalienable and are distributed only for stewardship and not for titling through the DENR- Forest Management Sector (FMS). What proof of award to agrarian reform beneficiaries will be issued under expired and cancelled PLAs and TLAs covered by the public domain?
The DENR issues the Certificate of Stewardship Contract (CSC) after a Stewardship Agreement is signed between the beneficiary and the DENR. Can ARBs acquire title to lands under cancelled or expired PLAs and TLAs?
No. Under the law, these types of lands are inalienable or non- registrable and therefore cannot be titled to the agrarian reform beneficiaries. They are however, covered by a long term twenty- five (25) year lease contract which is renewable for another 25 years.
Can the DENR through the Forest Management Sector (FMS) refuse to allocate portions of cancelled or expired PLAs and TLAs which are unoccupied and uncultivated to DAR's selected ARBs?
Yes. The DENR, through the FMS may refuse to allocate, because RA 6657, Section 7, provides that only pastures and agricultural leases already cultivated and planted to crops shall be covered. This is consistent with the inalienable nature of forest lands.
Can occupant-cultivators within expired or cancelled PLAs and TLAs that are under the ISF program who are not registered as potential ARBs be displaced, ejected or removed? No. Under the law, actual occupant- tillers are given preferential rights in the distribution of lands of the public domain. They shall not be displaced or removed from the land they till as long as they are directly working and making their land productive. Qualified occupant- cultivators of public lands, though unregistered, shall be given priority in the distribution thereof.
In case conflict arises between the rules of DAR and the DENR on the allocation and disposition of ISF lands, which rules will be followed? The DENR Forest Management Bureau rules will be followed. However, DAR's rules on the screening and selection of ARBs shall be followed. 18.6 LANDS OF THE PUBLIC DOMAIN COVERED BY CANCELLED OR EXPIRED FISHPOND LEASE AGREEMENTS (FLAs) PER EO 407
What rules govern the allocation of cancelled or expired Fishpond Lease Agreement (FLAs)?
What are the main roles of the DAR and DA in the allocation of cancelled or expired FLAs?
The DAR is responsible for the screening and identification of the ARBs. The DA verifies and identifies