LGUS AND LAND:

DRIVERS FOR GROWTH AND DEVELOPMENT

Partnership For Land Rights and Governance

Dr. Diana R. Apistar

Foundation for Economic Freedom

1
 THE PHILIPPINES’ LAND RESOURCES

Agricultural Forest
47% 50%

Unclassified
3%

Total Land Area = 30 M. HA. Total Population = 90+ million

Total Estimated Land Parcels =22 million

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance 2
AGENCIES INVOLVED IN LAND MANAGEMENT
AND ADMINISTRATION IN THE PHILIPPINES

1. DEPARTMENT OF ENVIRONMENT AND NATURAL

RESOURCES (DENR)
Main agency involved in surveying and titling of Public
Lands.
2. LAND MANAGEMENT BUREAU (LMB)
Involved in issuance of policies on land disposition and
management.

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
3
3. NATIONAL MAPPING AND RESOURCE INFORMATION
AUTHORITY (NAMRIA)
Mapping , land classification, establishment of
reference point.

4. LAND REGISTRATION AUTHORITY (LRA)

Issue decrees of registration, supervises Register of
Deeds, assists Courts in land registration
proceedings.

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
4
5. REGISTER OF DEEDS (RoD)
Registers patents, CLOAs, CADT/C, registration
of subsequent voluntary and involuntary
transactions of registered lands.

6. DEPARTMENT OF AGRARIAN REFORMS (DAR)

Implements the Comprehensive Agrarian
Reform Law.

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
5
7. NATIONAL COMMISSION OF INDIGENOUS PEOPLE
Resolves issues on ancestral lands and issues
Certificate of Ancestral Titles/ Claims.

8. THE COURTS (Judiciary)

Hears and decides land registration cases
(voluntary and Cadastral proceedings).

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
6
9. LOCAL GOVERNMENT UNITS
Issues tax declarations, prepares tax maps,
maintains tax assessment rolls, zoning
ordinances, conversion of lands and other land
management functions

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
7
 THE OVERALL PROCESS
JUDICIAL

VALUATION / TAXATION
COURTS
• Voluntary
CLASSIFICATION

• Compulsory

SURVEY REGISTRATION
• Control (LRA /ROD)
• Political Boundary
TITLING • Original
• Lot / Parcel • Subsequent

ADMINISTRATIVE
• Patents (DENR)
• CLOAs (DAR)
• CADTs (NCIP)

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
8
INTEGRATION OF NATIONAL PROGRAMS
TO LGU
" the integration of national programs and
projects to the Local Government Units is a
natural consequence of state policies on
devolution"

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
9
• " there is decentralization of administration when the
central government delegates administrative powers to
the political subdivisions in order to broaden the base of
government power and in the process to make local
government more responsive and accountable and
ensure their fullest development as self reliant
communities and make them more effective partners in
the pursuit of national development and social progress "
(LImbona Vs. Mangel in G.R. No. 80391, February 28

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
10
GOVERNING PRINCIPLES ON
INTEGRATION
• The Local Government Code mandates the national

agencies and offices with project implementation

functions to coordinate with one another and also

with the local government units. They shall ensure

the participation of the local government units both

in the planning and implementation of national

projects.

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
11
DENR INTEGRATION OF TITLING
PROGRAM TO THE LGU

DAO 2011-06
Prescribing the guidelines for the implementation of
Public Land Titling in Partnership with Local
Government Units

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
12
DAO 2011-06
MAIN FEATURES
1. LGU participation in land adjudication and titling
through direct participation and provision of
resources.

2. LGU ordinances for the titling program, creation

of titling office and adjudication teams.

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
13
3. Exchange of information between DENR and
LGUs.

4. Deputation of LGU personnel to act as Deputy

Public Land Inspectors.

5. Adjudication within the LGU jurisdiction.

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
14
IMPACT OF UNTITLED LANDS
• Low economic activity and employment
Few titles  few loans  less investment  lower
economic growth  lower job creation
• Poor social services
Poor tax collection  budget constraints  poor
social services  continued poverty
• Social conflicts and violence
between family members, clans, neighbors, etc.

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
15
THANK YOU

16
MODES OF DISPOSITION
FREE PATENT
Lucifena Bardoquillo
LMD – DENR Region 7

17
 PUBLIC LAND

*AGRICULTURAL NON-ALIENABLE AND/OR NON-

ALIENABLE OR DISPOSABLE LANDS DISPOSABLE LANDS

 Forest
Land/Timberland
 National Parks
Industrial,
** Commercial  Mineral Land
Residential
Agricultural and  Foreshore
Lands Educational
Lands
Lands

Lease Reservations
Free Patent Free Patent
Sale / Lease
(RA 9176) (RA 10023)

Town site
Homestead
Sales
Patent (RA 730)
Public or
Semi Public
Sales Patent

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance 18
REPUBLIC ACT 9176
FREE PATENT
Free Patent can be acquired under the provision of
Republic Act No. 9176
“An act extending the period until December 31,
2020 for the filing of applications for administrative
legalization (free patent) and judicial confirmation of
imperfect and incomplete titles to alienable and
disposable lands of the public domain, amending for
this purpose commonwealth act numbered 141, as
amended, otherwise known as the Public Land Act”

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
19
FREE PATENT
QUALIFICATIONS
• Natural born Filipino Citizen
• Not the owner of more than 12 hectares
• Must have occupied and cultivated the land for 30
years prior to his application either by himself or
predecessor in interest
• Has paid the real estate tax
• The land has not been occupied by any other person

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
20
FREE PATENT
REQUIREMENTS
• Approved survey plan
• Technical Description
• Documents to show ownership of the land
• Tax declaration/ payments of real estate tax
• Payment of application free and documentary
stamps

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
21
FREE PATENT
SIGNING AUTHORITY
• PENRO
- If the area is (5) five hectares below
• REGIONAL DIRECTOR
- If the area more than (5) five hectares up 10 ten
hectares
• SECRETARY
- If the area more than (10) ten hectares

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
22
FREE PATENT
RESTRICTIONS
• Shall not be subject to encumbrance or alienation for a term
of five (5) years from and after the date of issuance of the
patent
• Shall be subject to repurchase by the applicant, his widow or
legal heirs within a period of (5) five years from the date of
the conveyance.
• No corporation, association or partnership may acquire or
have any right, title, interest or property right to any land
granted under free patent.

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
23
RESIDENTIAL FREE PATENT
REPUBLIC ACT 10023

24
 PUBLIC LAND

*AGRICULTURAL NON-ALIENABLE AND/OR NON-

ALIENABLE OR DISPOSABLE LANDS DISPOSABLE LANDS

 Forest
Land/Timberland
 National Parks
Industrial,
** Commercial  Mineral Land
Residential
Agricultural and  Foreshore
Lands Educational
Lands
Lands

Lease Reservations
Free Patent Free Patent
Sale / Lease
(RA 9176) (RA 10023)

Town site
Homestead
Sales
Patent (RA 730)
Public or
Semi Public
Sales Patent

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance 25
RESIDENTIAL FREE PATENT (RA 10023)
FEATURES
• Administrative, not judicial procedure
• Processing of patent in 120 working days at the
CENRO level
• Covers public lands zoned as residential,
townsites, and residential lands in delisted and
abandoned military camps and reservations.

• Special patents for government lands

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
26
RA 10023
AREA LIMITATION
• 200 sq. meters = Highly Urbanized Cities

• 500 sq. meters = Other Cities

• 750 sq. meters = 1st and 2nd Class Municipalities

• 1000 sq. meters = Other Municipalities

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
27
RA 10023
QUALIFICATION OF APPLICANT

Any Filipino Citizen who is an actual occupant of the

land for at least 10 years.

Note: Only one application per applicant

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
28
RA 10023
REQUIREMENTS
• Approved survey plan
• Technical description of the land
• Supporting affidavits of two disinterested persons
residing in the Barangay where the land is located.
• Documents to show ownership of the land
• Payment of application fee , documentary stamps
and land taxes
• No adverse claim on the land

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
29
RA 10023
IMPORTANT
The restrictions of 5 year ban on encumbrance and
alienation, 5 year right to repurchase, and total ban
on acquisition of patents by corporation, association,
or partnership DO NOT APPLY to patents issued
under RA 10023.

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
30
IMPACT OF DENR- LGU PARTNERSHIP
• Easier and simpler titling processes
• Reduced land titling cost
• Easier access to credit with titles as collateral
• Reduced boundary conflict and conflicting claims
• Enhanced ability to update tax maps and land records
• Increased economic activities
• Enhanced property values
• Enhanced land market transactions

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
31
LGU FACTOR
LAND INFORMATION
• LGUs have most to gain from titles and land information
• LGUs have the majority of land information
• Many LGU concerns are land-related
- Real Property Tax,
- Business and Building Permits,
- Natural Resources Share,
- Solid Waste Management,
- Urban Development and Housing,
- Environmental Protection

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
32
LGU FACTOR
BENEFITS
• Resolve conflicts
• Shelter: Housing is a Tenure Issue
• Enables constituents to participate in economic
development
• Protect own properties
• Resolve boundary disputes
• Improve real property tax collection

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
33
LGU FACTOR
STRENGTHS OF LGUS

• Local Government as closest integrator of services

• Leadership
• Resources, especially personnel
• Data and Information
• Can work with NGAs

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
34
MEMORANDUM CIRCULAR NO. 2011-117
DATE : AUGUST 17, 2011
SUBJECT : PUBLIC LAND TITLING
Concerned local authorities are encouraged to support the Intent of the said
Order and are thus enjoined to:

1. Cause the integration of land titling in local government programs;

2. Subject to applicable rules, regulations, practicability and financial

resources, create a Land Information Office and organize a Cadastral
Council; and

3. Nominate a local government official or employee, holding a permanent

position, to be deputized as Deputy Public Land Inspector, upon proper
notification by the Regional Executive Director of the DENR.

(SGD) JESSE M. ROBREDO

Secretary

Training Kit for Systematic Adjudication

Partnership For Land Rights and Governance
35
THANK YOU

36