Revisiting the

Alternative Dispute
Resolution System in the
Philippines
Atty. Marlou Pelayo-Alutaya
Chief Legal Division, Land Management Bureau
OUTLINE OF PRESENTATION

I. Introduction
II. Land Conflicts
A. General Principle
B. Land Conflicts in DENR
III. Alternative Dispute Resolution
A. Courts
B. Agencies (DENR, etc.)
IV. DENR Administrative Order 2016-30
A. Salient Feature
B. General Procedures
C. Implementation Update
I. INTRODUCTION

 In the Philippines, one of the tedious and difficult cases that confront the
judiciary and agencies that perform quasi-judicial functions are disputes
involving land. Cases like this in the Philippines could be finally decided even
until 15 to 20 years or even more. And the cycle of conflict never ends, this
time, not only limited to the lands or titles, but, relationships as well.

 The discourse on conflict resolution had come a long way to accommodate

parties with different interests, peoples and groups from different socio-
cultural backgrounds, clashing ideologies, and admittedly, it turned into an
issue of peoples and rights.
INTRODUCTION
The DENR pursuant to its mandate exercises exclusive jurisdiction in the
adjudication of all claims and conflicts involving public lands. This authority
is provided under CA 141:
 Sec. 3. The Secretary of Agriculture and Natural Resources shall be the
executive officer charged with carrying out the provisions of this Act through
the Director of Lands, who shall act under his immediate control. (CA 141, as
amended)
 Sec. 4. 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 decisions as to questions of fact shall be conclusive when approved by
the Secretary of Agriculture and Natural Resources. (CA 141, as amended)
 Title XIV, Section 4 (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 lads
in consultation with appropriate agencies. (EO 292)
II. LAND CONFLICTS

DEFINITION OF LAND CONFLICT

 A conflict, as defined by sociologists, is a social fact in
which at least two parties are involved and whose origins
are differences either in interests or in the social position
of the parties (Imbusch 1999).
 Is a social fact in which at least two parties are involved,
the roots of which are different interests over the
property rights to land; the right to use the land, to
manage the land, to generate an income from the land, to
exclude others from the land, to transfer it and the right
to compensation for the land.
 Conflict theorists agree that conflict is unavoidable for
any society:
 “Conflict is an inevitable aspect of human
transaction, an unavoidable concomitant of choices
and decision. Conflict can be prevented on some
occasions and managed on others, but resolved only
if the term is taken to mean the satisfaction of
apparent demands rather than the total eradication
of underlying sentiments, memories and interests.
Only time really resolves conflicts, and even the
wound it heals leave their scars for future reference.
But short of such ultimate healing, much can be done
to reduce conflict and thereby release needed
energies for more productive tasks. (Zartmann
1991:299)
THE ROOTS OF CONFLICT
(Land) Conflict

Behavior

Attitude/Position

Interests

Material Needs Emotional Needs

Psychological Fears and Desires

Source: Wehrmann 2005

CLASSIFICATION OF LAND CONFLICTS
Level Dimension Types of Land conflicts (examples)
Interpersonal level Micro-social - Boundary conflicts between neighbors
dimension - Ownership conflicts due to inheritance conflicts
- Individual occupation of private land
- Building extensions on the private land of another
- Illegal lease/sale of somebody else’s private land

Meso-social - Boundary conflicts between tribes or villages

dimension - Illegal sale/lease of communal land/tribal land
- Illegal allocation of state land by private individual
- Group invasion of private land
- Illegal use of one’s own land
Macro-social - Ownership conflicts due to legal pluralism
dimension - Land grabbing
Intra-societal level
- Illegal lease/sale of state land
- Evictions (by force) by governmental authorities
- Improper land privatization
- Land use conflicts between private & public utilization due to a general
disregard of land use regulations by a majority of people
- Expropriation without compensation
- Illegal acquisition & sale of somebody else’s private property by individuals,
supported by corrupt public agencies or courts
- Multiple allocation of particular plots by officers working at the land registry
Source: Wehrmann 2005
In the Philippine experience, the following may be the cases
that may be the sources of conflicts over land:
IDENTIFYING THE CHARACTER OF THE
LAND DISPUTES
 Is it about the access to resources or certain values?
 Is it divisible or indivisible? i.e., use of land vs. right of way
 Is it interpersonal?
 Is this latent or manifest conflict?
 Does the conflict involve parties with the same powers and
influence? or one is powerful than the other
 Are the parties antagonistic with each other?
Some Tools that may be necessary in the Land
Disputes

 boundary has to be determined

 future land use may be agreed upon
 usage right have to be documented
 surveying & land registration
 land registration
 land readjustment
COMMON TYPES OF LAND CONFLICTS IN THE
DENR
1. The State vs. Occupant of Public Lands
 On Inalienable Lands - occupants of lands that are not subject for
disposition due to the classification of the lands.
 Forest, Mineral Lands, National Parks
 On lands intended for some public use or purpose - occupants of
lands that are intended for some public use or public purpose.
 Reservations for Public Use
 Military Camps
 Schools and Educational Institutions
 Lands actually used for some public purpose
 Public easements
COMMON TYPES OF LAND CONFLICTS IN THE
DENR
2. Private Owners vs. Occupants
 Private owners with registered titles - private owners with a title registered under
the Torrens System of Land registration. Such title could be from a decree, patent
or transfer titles.
 Private owners without registered titles - private owners without a registered title
are those whose claim of ownership is not yet confirmed by the court or who has
not yet applied for a formalization of their titles. Most of the time, these owners
has:
 Tax declaration - commonly used to support long time possessions.
 Cadastral List of Claimants - evidence proving prior-possession as against the present
occupant
 Other documents in support of a private claim of ownership - a common example of these
are private documents, i.e. deed of sale, deed of donation, etc.
COMMON TYPES OF LAND CONFLICTS IN THE
DENR
3. Public land applicant vs. Occupant
 Public land applicant’s application is opposed by a person claiming
present occupation.
4. Public land applicant vs. Public land applicant
 Two applicants with claims before the DENR over a parcel of land
5. Private owner vs. Spurious claims/titles
 Fake/spurious titles are those fabricated or counterfeit
certificates of title of issued without authority; and
 Any document, claim, unreleased lien or encumbrance that might
invalidate or impair the title to real property or make the title
doubtful. Clouds on title are usually discovered during a title
search.
III. ALTERNATIVE DISPUTE RESOLUTION
SYSTEM IN THE PHILIPPINES

 Efforts have been made to implement dispute resolution mechanisms

in the Philippines dating back from the previous administrations with
the Katarungang Pambarangay Law to the most recent ones, the ADR
Act of 2004 and the policies and regulations adopted thereafter.
 Alternative dispute resolution methods or ADRs -- like arbitration,
mediation, negotiation and conciliation -- are encouraged by the
Supreme Court. By enabling parties to resolve their disputes amicably,
they provide solutions that are less time-consuming, less tedious, less
confrontational, and more productive of goodwill and lasting
relationships. (LM POWER ENGINEERING CORPORATION, vs. CAPITOL
INDUSTRIAL CONSTRUCTION GROUPS, INC. G.R. No.
141833 March 26, 2003)
ALTERNATIVE DISPUTE RESOLUTION
Definitions
 Alternative Dispute Resolution (ADR) System – “any process or procedure used to
resolve a dispute or controversy other than by adjudication of a presiding judge of
a court or an officer of a government agency, as defined in this Act, in which a
neutral third party participates to assist in the resolution of issues, which includes
arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any
combination thereof.” (RA No. 9285, Chapter 1, Section 3(a)
 Arbitration – “a voluntary dispute resolution process in which one or more
arbitrators, appointed in accordance with the agreement of the parties, resolve a
dispute by rendering an award.” (RA No. 9285, Chapter 1, Section 3(d).
 Caucus. - A private session between the mediator and any one party in which the
mediator explores the issues involved in the case and the options available to the
parties to resolve the matter. if the mediator meets separately with one party, the
mediator will almost always then meet separately with the other parties to the
mediation.
 Compromise Agreement. The settlement of a dispute by mutual concession. When
approved by the court, the compromise agreement will have the force and effect
of a court decision. As such, the compromise agreement may be enforced by the
court through execution of judgment.
Continuation
 Conciliation. Conciliation is a process in which a neutral third party
(conciliator) conveys information between parties and attempts to improve
direct communication between them. The conciliator often prepares a report
that describes the scope of agreement and disagreement. The role of a
conciliator is more passive than a mediator. Conciliation is most often used in
collective bargaining disputes.
 Consensus. A mutually acceptable agreement that takes into consideration
the interests of all concerned parties. An agreement reached through
consensus may not satisfy each participant’s interests equally or receive a
similar level of support from all participants.
 Court-Annexed Mediation (CAM) – “any mediation process conducted under
the auspices of the court, after such court has acquired jurisdiction of the
dispute. (RA No. 9285, Chapter 1, Section 3(l).
 Litigation. Litigation is a formal, rights-based adjudicative process that
depends on each party advancing position, presenting evidence, and making
arguments before a neutral third party decision-maker. Litigation is used in
trial and hearings.
Continuation

 Mediation/Arbitration (MED/ARB). Med/Arb is a process in which parties

agree that mediation will be followed by arbitration of unresolved issues. In
med/arb the same neutral third party generally perform both roles. Med/Arb
is becoming increasingly popular in the labor- relations area.
 Mediation Conference. A discussion among the disputing parties, their
counsel, and the mediator, to explore options for settling a dispute.
 Mediation – “a voluntary process in which a mediator, selected by the
disputing parties, facilitates communication and negotiation, and assists the
parties in reaching a voluntary agreement regarding a dispute. “ (RA9285)
LEGAL BASES OF THE ALTERNATIVE DISPUTE
RESOLUTION (ADR)
 Under the CIVIL CODE OF THE PHILIPPINES
- ART. 2028. A compromise is a contract whereby the parties, by making reciprocal
concessions, avoid a litigation or put an end to one already commenced.
- ART. 2029. The court shall endeavor to persuade the litigants in a civil case to agree
upon some fair compromise.
- Article 2030- 2046
 ADR Act of 2004 - It is the policy of the State to actively promote and encourage the
use of ADR as an important means to achieve speedy and impartial justice and to
declog court dockets.
 Executive Order No. 523 “Instituting the Use of Alternative Dispute Resolution in the
Executive Department of Government- All administrative bodies shall promote the use
of alternative modes of dispute resolution, such as but not limited to, mediation,
conciliation and arbitration as part of their practice in resolving dispute.
The Barangay Justice system
 The Katarungang Pambarangay Law which is incorporated in
the Republic Act 7160 or the Local Government Code of
1991, operates to settle conflicts within the barangay with
its coverage varying from personal matters to conflicts on
land boundaries, double sales, and even possession. The
system exists to help decongest the regular courts and
works mostly as "alternative, community-based mechanism
for dispute/conflicts resolution.
 The barangay justice system rests with the Punong Barangay
and the Lupon Tagapamayapa and its members.
COURTS
 In the level of the courts in the Philippines, the Court Annexed
Mediation (CAM) established under A.M. No. 01-05-10 and OCA
Circular No. 82-2001 for the first and second level courts. For the
Court of Appeals, the Supreme Court approved the institutionalization
of Appellate Court Mediation (ACM) thru A.M. No.04-315 SC.

 Later on, the Supreme Court established the Special Rules of Court
on Alternative Dispute Resolution, A.M. NO. 07-11-08 SC,
September 1, 2009.
DENR

 DENR Administrative Order (DAO) No. 2005-18 mandates

for the use of ADR in the conflicts involving environment
and natural resources

 DENR Administrative Order (DAO) No. 2016-30 dated

December 22, 2016 established the Guidelines in the
Conduct of the Alternative Dispute Resolution (ADR) in
Land Claims and Conflicts Resolution.
The Agrarian Reform Adjudication Board
(DARAB)
➢ It was created under Executive Order No. (EO) 129-A.
➢ It exercises primary and exclusive jurisdiction, both original and appellate, to
determine and adjudicate all agrarian disputes involving the implementation
of the Comprehensive Agrarian Reform Program (CARP), under RA 6657,
Executive Order Nos. 228 and 129-A, Republic Act No. 3844 as amended by RA
No. 6389, PD No. 27 and other agrarian laws and their implementing rules and
regulations.
It has jurisdiction over cases involving the issuance, correction and
cancellation of CLOAs and emancipation Patents (EPs) which were registered
with the LRA, and between landowners and tenants to whom CLOAs have
been issued by the Secretary.
 The disputes are resolved via mediation and arbitration before the Agrarian
Reform Council (BARC) composed of eleven (11) members from the farmers,
agricultural cooperatives, farmer organizations, landowner representatives
agricultural cooperatives, representative of the Barangay Council, NGO, DA,
DENR, LBP and DAR.
 When the mediation before the BARC fails, the matter is brought before the
Provincial Agrarian reform Adjudicator (PARAD) for arbitration.
 An award issued by the Provincial Agrarian Reform Adjudicator (PARAD) may
be appealed to the DARAB. Further Appeal may be brought before the Court
of Appeals.
NCIP
 Administrative Circular No. 1, series of 2014 entitled,
“The 2014 Revised Rules of the Procedure before the
National Commission on Indigenous Peoples”.
- Sec 3 (d) In resolving cases, the customary laws, traditions
and practices of the ICCs/IPs in the ancestral domain where
the conflicts arise shall first be applied with respect to
property rights, claims of ownership, hereditary succession
and settlement of land dispute.
 IV. DAO 2016-30; December 22, 2016
Guidelines in the Conduct of ADR in Land Management Disposition

OBJECTIVE
- Actively promote party autonomy in the resolution of land disputes, or
the freedom of the parties to make their own arrangements to resolve
their land disputes
- Integrate ADR in land management and disposition in order to achieve
EFFICIENT, SPEEDY, and ECONOMICAL procedure in the resolution of
claims and conflicts
- Reduce the incidence of claims and conflict cases, and unclog the case
dockets
 DAO 2016-30; December 22, 2016

SCOPE
Agricultural free patent Residential free patent
Homestead patent Sales patent
Lease of public lands Proclamations covering A&D
lands
Special patents Survey/delineation of public
lands
Friar lands disposition Disposition of patrimonial
properties of the government
 DAO 2016-30; December 22, 2016

ADR Asec for Legal Service – Chairperson

COMMITTEE Director, Legal Service
Director, LMB
Secretariat (lawyers & staff from Legal Service and LMB Legal
Division)
FUNCTION -Overall implementation of ADR pertaining to land management
and disposition
-Design and implement training programs
-Supervise the implementation of ADR
-Evaluate the performance of ADR Officers
-Impose disciplinary sanctions on erring ADROs
 DAO 2016-30; December 22, 2016

WHEN TO APPLY ADR

VOLUNTARY ADR PROCEEDINGS during - CENRO, Implementing PENRO
the gathering, processing and Level
evaluation of Public Land
Applications
MANDATORY ADR during the - CENRO, Implementing PENRO
pendency of claims and conflict Level, Regional Office Level,
case Attached Agencies, Bureaus,
Department Level
 VOLUNTARY ADR PROCEEDINGS
- DURING the gathering, processing, and evaluation of
Public Land Applications
(CENRO and Implementing PENRO Level)
 VOLUNTARY ADR PROCEEDINGS
ON-SITE VERIFICATION
(gathering of patentable materials and field verification)
- Land Investigator (LI) shall require personal presence of applicants,
and claimants of all adjoining lot/s
- LI shall require claimants to submit authenticated documents in
support of ownership / claim
NO Conflict POTENTIAL Conflict
Patent application shall be LI shall recommend to the parties
processed for the issuance of to undergo Voluntary ADR
patent and title Proceedings
Parties AGREE Parties DO
NOT AGREE
 VOLUNTARY ADR PROCEEDINGS
POTENTIAL Conflict
Parties AGREE to undergo ADR Parties DO NOT AGREE to undergo ADR
1. LI shall immediately draft document / 1. LI shall inform parties of the issues
agreement expressing parties’ desire to surrounding their claims, AND brief them
undergo ADR of the procedure for land claims and
conflicts cases (DAO 2016-31)
2. LI shall submit to immediate supervisor 2. LI shall submit report to immediate
report PLUS agreement of parties to supervisor about the seeming or actual
undergo ADR conflict, AND the REFUSAL of the parties
to undergo ADR.
3. Immediate supervisor shall evaluate the 3. Immediate supervisor shall issue an
seeming or actual conflict ORDER either directing LI or LMI to
continue OR
4. Supervisor shall issue memo directing LI 4. …to temporarily suspend the processing
to CONDUCT ADR proceedings within 30 of appln.
 VOLUNTARY ADR PROCEEDINGS
Parties AGREE to undergo ADR Parties DO NOT AGREE to undergo
ADR
5.LI / ADRO shall conduct ADR
Proceedings through mediation
Compromise NO Compromise
Agreement Agreement
REACHED
6. Submit report 6. Submit report
PLUS Compromise
Agreement of
parties
7. Patent 7. Require 6. Continue action as provided for
application shall compliance as under DAO 2016-31 (claims and
be processed provided for under conflicts case)
DAO 2016-31
 MANDATORY ADR PROCEEDINGS
(CENRO and Implementing PENRO) (Regional Office)

1. After Preliminary Conference stage of 1. Before the case is considered for

claims and conflicts case proceedings, decision, the RED/Director shall issue an
Hearing Officer (HO) shall IMMEDIATELY ORDER for the parties to submit an
REFER the case, including records, to the OFFER for AMICABLE SETTLEMENT within
CENRO/Implementing PENRO for the 10 days from receipt thereof
designation of ADRO
2. ADRO shall IMMEDIATELY CALL for a 2. Parties SUBMIT Parties DO NOT
PREMILIMARY CONFERENCE to explain the OFFER for AMICABLE SUBMIT OFFER for
benefits of early settlement through ADR SETTLEMENT AMICABLE
SETTLEMENT
 MANDATORY ADR PROCEEDINGS
(CENRO and Implementing PENRO) (Regional Office)
3. Compromise No Compromise 3. With OFFER NO OFFER
Agreement Agreement
Reached
- ADRO prepare written - ADRO submit - ADRO issue NOTICES to - RED /
Compromise Agreement report to PENRO the parties of the Director issue
containing terms & / R.O. of failure schedule of the ADR ORDER of
conditions agreed upon of ADR Proceedings AND failure of
by the parties thereafter conduct ADR ADR; case
Proceedings deemed
submitted for
resolution
- ADRO transmit
Compromise No Compromise
Compromise
Agreement Agreement
Agreement, plus case Reached
folders, to PENRO or
R.O., as the case may
be
 MANDATORY ADR PROCEEDINGS
(CENRO and Implementing PENRO) (Regional Office)
4. PENRO / RED issue - PENRO / RED 4. RED / - RED /
Order of Compromise issue Order of Director Director
Agreement (OCA) Failure of ADR; issue OCA issue Order
continue claims of Failure
and conflicts ADR;
case continue
C&C case
 MANDATORY ADR PROCEEDINGS (LMB)

1. Before the case is considered for decision, the Director shall issue an ORDER for
the parties to submit an OFFER for AMICABLE SETTLEMENT within 10 days from
receipt thereof
Parties submit OFFER NO OFFER
2. ADRO issue NOTICES to the parties of the 2. Director issue Order of Failure
schedule of the ADR Proceedings AND thereafter of ADR and the appeal is
conduct ADR Proceedings deemed submitted for
investigation / resolution
Compromise No Compromise
3. Director issue OCA 3. Order of Failure of
ADR and the case is
deemed submitted for
investigation /
resolution
 MANDATORY ADR PROCEEDINGS ON APPEAL
1. Before the appeal is considered for decision, Asec for Legal Service
issue Order for parties to submit Offer for Amicable Settlement
Parties submit OFFER NO OFFER
2. Case shall be referred to ADRO 2. Asec for Legal Service issue
C.O. Order of Failure of ADR and the
appeal is deemed submitted for
resolution
3. ADRO shall evaluate the offers
and determine if the offers are
reconcilable towards amicable
set.
4. ADRO draft Compromise
Agreement containing the
reconciled version of respective
offers
 MANDATORY ADR PROCEEDINGS ON APPEAL
Parties submit OFFER NO OFFER
5. ADRO furnish parties of Draft Compromise Agreement,
ordering parties to comment and signify whether they
ACCEPT or REJECT the Draft Compromise Agreement
ACCEPT Draft Agreement REJECT Draft
Agreement
6. ADRO issue NOTICES to all 6. Asec Legal Service
interested parties to personally issue Order of Failure
attend ADR Conf. to be held at of ADR and the appeal
CENRO/PENRO or R.O. accessible is deemed submitted
to the parties for the SIGNING of for resolution
Agreement
7. Compromise Agreement shall be
Updates in the Implementation of ADR

 Duly constituted ADR Committee

 Continuous training of ADRO
 Draft policy in the Guidelines of referral of land
claims and conflicts cases to ADRO
 User Acceptance Testing of ADR Monitoring and
Result System
 ADRO SUMMIT for the oath taking of the
accredited DENR ADRO (March 20-22, 2019)
 THANK YOU
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