-~-~-'-'--.--'-'--'-'-"- -- .. _ ~---. ~.

This report was completed by the Sectoral Committee on Fndigenous Peoples Concerns (CIPC) with fundln\;lfrom the 2008 Special Autonomy Fund (SAF) of the Regional ~velopment Goundl administered by the NEDARegronal Office of the Cordillera Administrative Region. The views, expresslons or opinions contained In this handbook do not reflect as statement of policy of the RDC-CAR until these are presented to and approved by RDC-CAR. (Note: The Handbook" on Land Tenure Instruments was approved by the ROC-EXCOM through RDC EXCOM Resolution No. GAR 68-2009)

HANDBOOK on

LAND TENURIAL INSTRUMENTS

CORDILLERA ADMINISTRATIVE REGION

with FAQs on Regional Autonomy

TABLE OF CONTENTS

Acknowledgement Acronyms

ROC EXCOM Resolution No. CAR 068-2009 Foreword

The Setting. 1

Land Tenurial Instruments: Overview.. 5

Land Tenurial Instruments Issued By NCIP

1. Certificate of Ancestral Domain Title....................................... 7

2. Certificate of Ancestral Land Titl e.... .. .. .. .9

Land Tenurial Instruments Issued by DENR

A Titles

1. Free Patent....... 30

2. Miscellaneous Sales Patent ,................ 34

3. Townsite Sales Patent 37

4. Special Patent.............. 38

B. Agreements

1. Community-Based Forest ~anagement Agreement " 40

2. Forest Land Grazing Management Agreement 44

3. Industrial Forest Management Agreement 48

4. Socialized Industrial Forest Management Agreement. s4

5. Forest Land Agreem ent 58

6. Special Land Use Permit 63

7. Special Use Agreement in Protected Areas 67

C. Permit

1 . Exploration Permit 70

2. Mineral Ag reem ant ".. .. . 77

3. Financial or Technical Assistance Agreement 83

4. Small Scale Mining Permit/Contract 90

Land Tenurial Instruments Issued by DAR

1. Certificate of Land Ownership Awards " 95

2. Emancipation Patents 103

3. Agri cultural Leasehold Contract 103

Land Registration Authority and Registry of Deeds

1. Certificate of Ancestral Domain/Land Title 110

2. Certificate of Land Ownership Award " 111

3. Patents and Decrees " 112

4. Decree of Registration , .. ' ', 113

Definition of Terms " .. 114

FAQ on Regional Autonomy........................................................... 120 Office Directory

Comrnltiee on Indigenous Peoples Concerns. Technical Working Group

ACKNOWLEDGEMENT

Acknowledgement goes to the following key stakeholders who made the preparation of this handbook possible:

The Cordillera Regional Development Council, for sponsoring the preparation of the document;

The members of the Committee on Indigenous Peoples Concerns (CIPC), for their technical inputs;

The regional directors and heads of the L TI-issuing and registration

agencies: .

Atty. Amador P. Batay-an

Natlonat Commission on Indigenous Peoples

Director Primitivo C. Galinato, Jr.

Department of Environment and Natural Resources

Director Renata R. Navata Department of Agrarian Reform

Atty. Juanita K. Ampaguey Register of Deeds, Baguio Regional Director of Deeds

Atty. Guerrero A. Felipe Register of Deeds, Benguet

The other key support agencies who were part of the conceptualization and drafting of the document: NEDA, DA-CHARM. DILG, PIA and TEBTEBBA; and.

The editing, illustration and lay-outing team composed of Ms. Merialda F. Nadunop, Mr. Jose V. Costates, Jr. and Ms. Esperanza L. Lupante.

Thank you very much.

A&D AD/AL ADO ADSDPP AFTA ALC

AO

APFU APSA ARB

ARC

ARF BARC BOI

CA

CADC CADT CALC CALT CAR CARB CARL CARP CBC CBFM CBFMA CBFMP OBFMS CDA CDMP COO COT

CEB CEMCRR

CENRO CF CFSA ci=c CLOA CLT CMNRM CMO CMPP CMRB COA COE/l

ACRONYMS

Alienable and Disposable Ancestral Domain/Ancestral Land Ancestral Domains Office

Ancestral Domain Sustainable Development and Protection Plan

Asian Free Trade Agreement !'I

Agri'cultural Leasehold Contract Administrative Order

Application to Purchase and Farmer's Undertaking Applied Production Sharing Agreement

Agrarian Reform Beneficiary

Agrarian Reform Committee

Agrarian Reform Fund

Barangay Agrarian Reform Council Board of Investments Commonwealth Act

Certificate of Ancestral Domain Claim

Certificate of Ancestral Domain Title

Certificate of Ancestral Land Claim

Certificate of Ancestral Land Title

Cordillera Administrative Region

CADT/CALT Application Record Book Comprehensive Agrarian Reform Law Comprehensive Agrarian Reform Program

CARP Beneficiary Certificate

Community Based Forest Management Community Based Forest Management Agreement Community Based Forest Management Program Community Based Forest Management Strategy Cooperative Development Authority

Comprehensive Development and Management Plan Cooperative Development Office

Community Delineation Team

Commission En Bane

Certificate of Environmental Management & Community Relations Record

Community Environment and Natural Resources Office/Officer Claim Folder

Community Forest Stewardship Agreement Committee on Indigenous Peoples Concern Certificate of Land Ownership Award Certificate of Land Transfer

Community Mobilization and Natural Resources Management Community Mobilization Officer

Community Mobilization and Participatory Planning Community Mining Regulatory Board

Commission on Audit

Council of Elders/Leaders

COP

CP

CRMF

CRMF

CRW

esc

CSD

CSW

DA

DAO

DAR

DARAB DARCO BLAD

DARMO DARPO DARRO DENR DepEd DMC

DOF

DOJ

DOT

DOTe DOTC-ATO

[ 1

i

s

.~

1.

DPWH DTI ECC ErA

EIS

EO

EP EXPA FAO FB

FI

FLAg FLGMA FMS FP

FPA FPrC FTAA GE

GFI GOCC GOl OSIS HLURB

Chief of Party

Certiflcati on Precondition

Community Resource Management Framework Community 'Resource Management Framework Communication Right-of-way

Certificate of Stewardship Contract Comprehensive Site Development

Completed Staff Work

Department of Agriculture

Department Administrative Order

Department of Agrarian Reform

Department of Agrarian Reform Adjudication Board Department of Agrarian Reform Central Office Bureau of Land Acquisition and Distribution

Department of Agrarian Reform Municipal Office Department of Agrarian Reform Provincial Office Department of Agr(lrian Reform Regional Office Department of Environment and Natural Resources Department of Education

Department Memorandum Circular

Department of Finance

Department of Justice

Deed of Transfer

Department of Transportation and Communication

. Department of Transportation and Communication - Air Transportation Office

Department of Public Works and Highways Department of Trade and Industry Environment Compliance Certificate Environmental Impact Assessment Environmental Impact Statement Executive Order

Emancipation Patent

Exploration Permit Application

Finance and Admin Office

Farmer Beneficiaries

Field Investigation

Forest Land Agreement

Forest land Grazing Management Agreement Forest Management Services

Free Patent

Free Patent Application

Free and Prior Informed Consent

Financial or Technical Assistance Agreement Geodetic Engineer

Government Financial Institution

Government Owned and Controlled Corporation Government Owned Land

Government Service Insurance System Housing and land Use Regulatory Board

HO

HP ICClICCs lEG

lEE

IFMA IFMP

IFP

IP/lPs

IPO

IPRA

IRA

IRR

IRUR ISFP

JFI

JVA

LAO

LBP LBP-AOC lBP-PPU LOIS

LGU

lHC LHDF LMB

LMS

lO

lRA

LTI

LVIN LVIN MAO MARO MC

MGB MOA MOU MOV MPSA MSP NAMRIA NCIP NGO NIPAS NlVA NOC OCDD OCT OQC

Head Office Homestead Patent

Indigenous Cultural Community/ies Information Education and Communication Initial Environmental Examination Industrial Forest Management Agreement Industrial "Forest Management Program Industrial Forest Plantations

Indigenous People/s

indigenous Peoples Organization Indigenous Peoples Rights Act Internal Revenue Allotment Implementing Rules and Regulations Interim Resource Utilization Rights

I ntegrated Social Forestry Program Joint Field Investigation

Joint venture Agreement

Land Administrative Order

Land Bank of the PhHippines

Land Bank of the Philippines - Agrarian Operations Center Land Bank of the Philippines - Pre-Processing Unit

Land Distribution Infonnati.on Schedule

Local Government Unit

Leasehold Contract

Leasehold Documentation Folder Land Management Bureau

Lands Management Services land Owner

Land Registration Authority

Land Tenurial Instrument

land Valuation Worksheet

land Valuation Worksheet

Municipal Agricultural Office/Officer Municipal Agrarian Reform Office/Officer Memorandum Circular

Mines and Geo-Science Bureau Memorandum of Agreement Memorandum of Understanding Memorandum of Valuation

Mineral Production Sharing Agreement Miscellaneous Sales Patent

Nationa; Mapping and Resource Information Authority National Commission on Indigenous Peoples Non-Government Org anizetlon

National Integrated Protected Areas System Notice of Land Valuation and Acquisition Notice of Coverage

Ordinary and Cadastral Decree Division of the LRA

Original Certificate of Title

Owner's Duplicate Certificate of RP Title

OGAs

OLT

OP

OSSC

PA PACBRMA

PAL

PAMS PAMP PARAD PARO PASu PAWCZMS PD

PDT PENRO Php

PL

PLR

PMRB

PO

PP

PRC

RA

RARAD

'-'

i

\;

I'

RARO RDC RED RHO RMC RO ROD RP RRB tuD RUI" SAF SAPA SEC SFMD SMPA SP SPAR

·SPTF SSM sss STA~C TCT

-I .I

"

Other Government Agencies Operational Land Transfer Operations Plan

One-Stop Shop Committee Protected Areas

Protected Areas Community Based Resources Management Agreement

Private Agricultural Lands

Protected Area Management Board Protected Area Management Plan Provincial Agrarian Reform Adjudicator Provincial Agrarian Reform Office/Officer Protected Area Superintendent

Protected Areas, Wildlife- and Coastal Zone Management Service Presidential Decree

Provlnclal Delineation Team

Provincial Environment and Natural Resources Office/Officer Philippine Pesos

Pasture Lease

Provisional Lease Rental

Provincial Mining Regulatory Board Peoples Organization

Presidential Proclamation Professional Regulations Commission Republic Act

Regional Agrarian Reform AdjudIcation Division/ Regional Agrarian Reform Adjudicator

Regional Agrarian Reform Office/Officer Regional Development Council Regional Executive Director

Regional Hearing Officer

Regional Memorandum Circular Reqlcnal Office

Regi,ster of Deeds

Republic of the Philippines

Regional Review Body

Regional Technical Director

Resource Use Permit

Special Autonomy Fund

- Special Use Agreement in Protected Areas Securities and Exchange Commission

Sustainable Forest Management and Development Survey, Mapping, Planning and Appraisal

Special Patent

Social Preparation Accomplishment Report Speolal Provincial Task Force

Small Scale Mining

Social Security System

Special Tribal Agrarian R.eform Communities Transfer Certificate of Title

TD TLA TLRW TM TSA TWG VLT VOS WFP

Tax Declaration

Timber License Agreement -

Transmission Une Agency/ies concerned Right-of-Way

Tenured Migrants

Town Site Application

Technical Working Group

Voluntary Offer to Sell

Voluntary Offer for Sale

Work and Financial Plan

RDC EXCOM RESOLUTION NO. CAR 068-2009

ADOPTING THE HANDBOOK ON LAND TENURIAL INSTRUMENTS AND ENJOINING ALL CONCERNED RLAs, LGUs AND NGOs TO UTILIZE THE HANDBOOK IN THE CONDUCT OF INFORMATION, EDUCATION AND COMMUNICATION (IEC) CAMPAIGN ON LAND TITLING

WHEREAS, the preparation of the Handbook on Land Tenurial Instruments is a component of the RDC special autonomy fund assisted project entitled ANCESTRAL LANDS AND DOMAINS TlTLlNG PROJECT: ADVANCING HARMONIZED POLICIES ON LAND, which is coordinated under the Committee on Indigenous Peoples Concerns (CIPC);

WHEREAS, the objective of the project is to integrate, harmonize and simplify the processing and registration of land tenurial instruments thereby facilitating the issuance of tenurial instruments to the IPs/ICCs of the reg'ion;

WHEREAS, the Handbook on L TI is an lnter-aqency collaboration between and among the concerned L TI issuing and registration agencies including DENR, NCIP, DAR and the Register of Deeds (ROD) and other support agencies such as NEDA, PIA. DllG, CHARMP II and TEBTEBBA;

WHEREAS, the succeeding activities to be undertaken under the RDC-SAF assisted project will fhe conduct of an inter-agency provincial information, education and communication campaign on the intent and content of the handbook.

NOW THEREFORE, on motion duly seconded, BE IT:

RESOLVED, as it is hereby resolved, that the RDC Executive Committee duly assembled, adopts the HANDBOOK ON LAND TENURIAL INSTRUMENTS and enjoins all concerned regional line agencies, local government units, non government organizations and the general public to utilize said handbook in the conduct of IEC on land titling:

RESOLVED FINALLY; that copies of the HANDBOOK ON LAND TENURIAL INSTUMENTS be furnished to all concerned line agencies. local government units, non governrnent organizations for utilization and widespread dissemination,

UNANIMOUSLY CARRIED, this zs" of June 2009, in Baguio City. Philippines.

Certrfied true and correct

APpr~ AMA~TAY-AN

Presiding OfficeF

(Regional Director, NCIP-CAR)

P~C~Y

Acting RDC Secretary (KMD Chief, NEDA-CAR)

Noted:

J~L08

A~~C~!rman

(RegionaJ Director, NEDA-CAR)

FOREWORD

The Cordillera Regionaf Development Council (ROC-CAR) renewed the pursuit of Cordillera autonomy as the overarching theme for hastening the region's development. Underlying this theme is the recognition that the people of the Cordillera have the right to exercise self-governance over the ownership, use and management of land and other resources within its regional territory.

Land ownership. use and management among Cordillera communities are governed. even until now, by indigenous systems that involve the use of indigenous culture and knowledge. These traditional resource systems are instrumental in preserving and conserving natural resources that sustained generations of Gordillerans. And it Is an obllgation to future generations that land ownership and management in the Cordillera through any land tenurial instrument should recognize and uphold traditional resource management systems.

Republic Act 8371 known as the Indigenous Peoples Rights Act (IPRA) enacted on October 29, 1997 is a landmark legislation that recognizes, promotes and protects the rights of indigenous peoples. This enabled the National Commission on Indigenous Peoples (NCIP) to issue Certificate of Ancestral Land Titles and Certificate of Ancestral Domain Titles as ownership instruments for ancestral lands and domains. Earlier laws on land administration and management are also being implemented simultaneously with the IPRA. The Department of Environment and Natural Resources (DENR) continues to issue land titles in alienable and disposable lands and permits/agreements on resource use/extraction in nonalienable and disposable lands. The Department of Agrarian Reform (DAR) also administers Emancipation Patents and Certificate of Land Ownership Award over alienable and disposable lands. The Land Registration Authority (LRA) additionally issues land titles through judicial proceedings.

This Handbook is a compilation of relevant information on specific land tenurial instruments currently administered in the CAR by the aforementioned government agencies. It brings to light the complexity of securing ownership to land .and control over the management of natural resources by the people of the Cordillera, owing mainly to what can be considered as an overload of land tenurial options tangled in procedural maze. The ROC-CAR recognizes this challenge, and it is for this reason that it tasked Its Committee On Indigenous Peoples Concerns to prepare this Handbook as the first phase of the "Ancestral Lands and Domains Titling Project: Harmonizing Policy Differences on Lands," funded under the ROC's Special Autonomy Fund.

This material is meant to serve three purposes, namely: 1) as a guide for technical persons from government organizations at the local and national levels that are

..

concerned with the issuance of land titles and performing functions related to natural resource management; 2) as a material for information and education campaign to raise understanding and appreciation of land tenurial instruments used in the Cordillera; and, 3) as a reference material to stimulate dialogues towards harmonizing policy differences on lands. The intended primary users are technical persons and policy-makers of NCIP, DENR, DAR and the local government units in the region.

We invite the users of this Handbook to take part in these intentions and in enriching current debates and initiatives towards promoting the development of indigenous peoples in the Cordillera.

ATTY. ~ BATAY-AN CIPC Chairman and

Regional Director, NCIP-CAR

. ~

THE SETTING

The Cordillera: People and Place

The Cordillera Administrative Region (CAR), situated in the mountain ranges of northern Luzon in the Philippines, measures about 1.75 million hectares in land area. It is composed of the city of Baguio and six provinces, namely: Abra, Apayao, Benguet, Ifugao, Kalinga, and Mountain Province." The region is home to twelve (12) major entholiguistic groups or peoples. namely, the Applai, Ba/angaa (sometimes known as Baliwon). Bontok, Kankanaey, Iwak (sometimes known as lowak, Owak), Karaa, {balol, Kalanguya, {fuga 0" Isnag (sometimes known as Isneg or Apayao), Kalinga, and Tingguian (sometimes known as {tneg). These groups aggregately comprise at least 92 percent, based on mother tongue, of the 1.3 million CAR population estimated in the 2000 population census of the National Statistics Office. They are further grouped into "iii" with their own defined ancestral territory and socio-cultural systems.

Even as the term "Cordilleran" is now emerging as a regional identity, assertions to indigenous identities remain strong even in the global arena. The "Igorot, " barring political, social and economic classification, continues to advance its uniqueness as an identity despite historically derogatory connotations. Cordillera IPs working or domiciled in other countries retain their self-ascription and assertion of their indigenous identity, organizing themselves allover the world as Ibalois, Kalingas, Bontoks and others. They maintain strong "interest and ties with the "iii" as members of their communities. In the words of an elder woman, ", .. tsadlus Q)l nan iii nan sumo-alan ya umpaan si leng-ag" or crudely translated: , .. it is always the "ill" we go home to where the soul finds rest."

CAR is endowed with rich natural resources. It hosts thirteen major rivers basins with enormous water-bearing capacities supplying the domestic, agricultural, power generation and industrial needs of the region and a significant portion of regions 1, 2 and 3. CAR is also known for its mineral deposits such as gold, silver and copper. The gold are reserves in CAR are estimated !:It 1.9 million metric tons and its copper ore reserves at 960 million metric tons. Its classified forests cover about 85 percent of the total land area hosting a rich biodiversity that has supported the ecological resilience in the region. It has huge agricultural potentials that are still to be fully tapped.

These natural resources in CAR are currently in general state of decline. Watersheds continue to be degraded and forest cover Is rapidly deteriorating.

In troduction

1

D~NR reports in 2008 i~dicate that the region's for-est lands shrunk to 38 percen rights) has facil1taled a complicated web of conflicts in the region characterized by ~f I~S to~al land area, This caused water supply to swing between acute shortaqr overlapping claims use and administration, competing interests and rights and during ,ry seaso~ and excessive abundance during rainy season that sets 01 confusion in the leg'al maze, to name a few,

estructlve landslides and floodinq. Attempts for effective and long-term solutiorr .

;0 . these problems are hampered by inadequacies in policy and institutiona Indigenous peoples in the CAR have their social institutions and leadership rartleworks. Water resources management, for example, is highly fragmentec "councils" which, in some areas, co-exist with local governments. Through their amdong se~eral govemm,ent .an,d ~o~-government rnstitutions operating on unclea indigenous leaders, the IP communities assert their own indigenous patterns of

an Sometimes overlapPing JUriSdictions, landownership and management which, more often than not, do not correspond

Mar. '. . . with the existing official land classification an~ ,the fonmal governance system~. As

... eover, large-scale ,and commerCial utilization/extraction of resources that took such, tension between and among communities has been observed as national

~ac~ over the years dld not transla~e,into poverty reduction in CAR. The region is government instrumentalities implement their mandated and particular land tenure ~ ~ site of '!lost of.t~e large scale mining operations in the country, four large-scale instruments,

y r~electnc darris and a number of commercial logging operations and yet it .

:emmns among the pO,orest regions in the country. These undert~kings have The Indigenous Peoples Rights Act (IPRA) or Republic Ac~ ~o. 8371 is a lan.d Instead caused the. displacement and ejection of indigenous peoples from mark legislation towards addressing the historical struggle of IIldlgenous pe?ples In ancestral lands/domams affected by such operations. the Philippines against dlscrimination, displacement andlor disenfranchisement

from their ancestral lands and territories. The IPRA, Signed into law on 29 October 1997, recognizes, promotes and protects four basic rights of Indigenous Peoples, namely: 1) the right to ancestral domain through the issuance of Certificate of Ancestral Land Title and Certificate of Ancestral Domain Title: 2) right to selfgovernance and empowerment; 3) social justice and human rights; 4) and the right to cultural integrity. The NCIP is mandated to lead the implementation of this law towards the fulfillment of the rights of indigenous peoples in the country,

Traditional Notions of Land and Territories

That la~d is life" th.us, s~cred is the common notion of land among indigenous peoples worlcwlds ,JIl?ludlng those in the Cordillera. From the sanctity ascribed to land ensues a ~Qllstlc and sustainable use, management and practice by the prese~t generation, to ensure that the next generations will equally enjoy the !:'Jen,eflts from the ~~me 1~1'ld. This lived concept permeates the economic political ~o~lal, cultural, spl~tual.IJfe, and identities of in.digenous peoples, This is 'also why l~dlge.t1ous peoples terr,ltones are considered as the last remaining frontiers of rich biological and C~It~ral diversity and mineral resources. Thus, land, inclusive of the :eso~~ces therein IS one of the core elements of indigenous peoples' being and Identltres.

In the Cordil~era,. indigenous ,peoples have clear understanding of the use and ~xlent o~, th~1f I ands ~ nd "temtOri,?s." This .. ca~ be gleaned from the concepts 01

muyong, bataIJran, bebbey", lapat", bugts ", among others. With the .kn~wledge collectively accumulated from their close relationship with the land Indlgen?us peoples. are not new to holistic ecosystems approach to resour~ management,. knowlllg fUlly. welt. that a disturbance in one element in the ecosys.tem Will create a dorntno effect on other elements, incl udi ng, eventually; rf1~n hl:'1se1f, Whether expressed as traditional laws or taboos, these are the' :el~forclng fact.ors. of ,sustainable use and management of land and resources in indigenous territories In the Cordillera.

Legal Doctrines

The. I~gacy of colonization strongly reflected in the country's adherence to the Rega.llan ,Doctrine and corohlal polleles has run counter to indigenous land use claSSIficatIon and tenure systems. It has promoted a fragmented approach to land and resourc~s.useand management and the notion of alienable individual/private property. ThIS IS exacerbated by the$merging consumerism that Ipoks at lend and I resources as economIc goods that can be maxlmlzeq whJle they last Such' differing perspectives on land (use, management, classification and ow~ership

2 Hanqbook on Land Tenurfaf Instruments !

..._

The IPRA is based on what is now known as the Carino Doctrine that recognizes native litle to valid land rights established by testimonies or memories on land that has been held, occupied and utlllzed since time immemorial by indigenous populations.' With the simultaneous administration of land tenurial. instrume~ts mandated by laws and policies based on the Regalian Doctrine, NCIP IS faced WIth the great challenge of implementing the lPRA,

Renewed Pursuit of Cordillera Regional Autonomy

The renewed pursuit of Cordillera Regional Autonomy Is part of the continuing process to bring a resolution to the Cordillera people's struggle f~r ~e'f-gove~nan~e including ownership and control over the region's resources. ThIS IS recognized III the 1987 Philippine Constitution in which Article X Section 15 provides: "There shall be created autonomous regions in Muslim Mindanao and the Cordilieres consisting of provinces, cities, municipalities and geographical areas sharing common and distinctive and cuttural heritage, economic and sooiet structures, and other relevant characteristics within the framework of this Constitution and the nafional sovereignty as well as territorial integrity of the republic of the Philippines. "

1 The historical struggle of the indigenous peoplc$ in the Cordillera Region towards the recognition of native cnstomary rights over lands, territories and resources has made it into the hallmarks ofintem_atlonal jll1"~sprudence on the rights of IPs to native titles. It, the case of Cariilo vs. Insular Government filed With the United States Supreme COUrt, Chief Justice Oliver Wendell Holmes delivered the C",UrI'S decision that recognizeo;l,native title 10 valid land righls established by restlmonles or memories Ol'l. land that has been held, occupied and utilized ~ince tlme immemorial by indigenous populations. This landmark dc~i~ion has berm used even in ~r~it!1l ~~.~' of land ownership disputes filed by the Jndians of Canada and the US and Maori of New Zealand, in addition to the Philippines.

Introduction

3

At the core of the pursuit for regional autonomy is the control over the ownership, use and management of the region's natural resources. An autonomous set-up will

allow for the region to enact and enforce laws th~t are appro~riate to th~ )a~d a~6 , ' . . al document resource ownership and management systems In the Cordillera, considerinq Its Land tenurial instruments (L TI) as ref~rred to In this Handboo~ I.S au~J b ertinent unique culture and history, that may come 'n the form of. land title, agreement o,pe,""'t ':' 'd '~,"entity It

overnment offices over a particular land area to a particu ar In IVI ~a .

~ a recognition by the government, through its mandated ih~ncles, :~ a~~~~I~

hi mana ement and use of the land and resources. IS cove

~:~r~SS~~d on b~lh alienable & disposable and non-alienable & disposable areas by the DENR, DAR and the NCIP.

The diagram below summarizes the different L Tis presently issued ~y ~ariO~s

. ncies in the CAR. The LTls cover lands of the pub IC, amain

glove~finmdent daegreArt'lcle XII Section 3 of the Philippine Constitution into agricultural, c assi Ie un Of Ih Iyagriculturallands

~c;~s~~ra~:~~~~dm~~~~~yn~~ ~:~;!ti~I~~sftf;~Sinto res~~:~~:1 and other uses to

which they maybe devoted.

TYPES AND CATEGORIES OF LAND TENURIAl. INSTRUMENTS

It is in this context that the ROC-CAR seeks to harmonize policy differences on lands, It endeavors to facilitate the security of the rights of indigenous peoples to their ancestral lands and domains in the light Of advanCing the CAR as a champion of indigenous knowledge and culture. As a compilation of existing land tenure instruments being issued in CAR, this Handbook serves as a ready reference in defining differences, defects, gaps and overlaps on land policies. II provides a platform for discussion on the different land issues, concerns and feedbacks that will eventually input into further discussions for policy reform and harmonization.

In the pursuit for autonomy and sustainable development, there is a need to address the implications of land tenurial instruments to land ownership, management and control by the IPs. Specifically, land tenurial instruments or any ensuing perley harmonization process should be examined in the light of the

following: -

1, Ensuring justice by addreSSing the historical struggle of indigenous peoples for the recognition of native customary rights over lands, territories and resourcesl as well as recognizing the significant contribution of indigenous peoples' in sustainable resource management.

2. Beyond Jegal doctrines and attendant to these or any L Tis that may be developed in the future should be the sanctity of the land to indigenousl peoples. Any use, development or conceptualization of land tenure instruments i.n the Cordillera will have to consider indigenous peoples' notions of appropriate and sustainable development. This requires informed consultations and the full and effective recognition and fulfillment of their right' to free and prior informed consent.

3. Development planning and governance should first and foremost serve the interest of the focal constituents. The benef.its of development and policy harmonization should equitably redound to the people on the ground. .

The CAR Regional Development Agenda 2010-2020 proposed a twin strategy towards regi.onal development viz: 1) the continuing pursuit for regional autonomy; and, 2) harnessing the potentials of its natural resources while ensuring a balanced eco-system. The CAR RDA also pushed for the continuing implementation of its ten key focus areas (KFAs) of development, namely: 1 )good govemance~ 2) Social development; 3)indigenous knOWledge and culture; 4)physical integratfon; 5Jwatershed cradle and balanced eco-system; oj hydropower producer; 7)prlme eco-tourist destin~tlon; B)greens and ornamental grocer; 9)prime eduoation center; and, 10)knowledge-based industries and agrl-Industrial activities, A Challenge in policy hartnonlzatlon and goverhance tS how to align the tand tenurial Instruments with these development KFAs without prejudice to Indigenous peoples' rights and well-befng,

4

Handbook on [and Tenurial Instl1lments

LAND TENURIAL INSTRUMENTS: OVERVIE.W

ALIENABLE & DISPOSABLE

AgrIcultural Lands

(NONE)

Introduction

5

'I

I

These instruments are discussed in detail in the following chapters. The discussion is by agency, describing all L Tis administered and issued under its mandate. This is ouUined in the table below.

TYPES OF LAND TENURIAL INSTRUMENTS ISSUED BY AGENCY

• Miscellaneous Sales Patent

• Town Site Sales Patent

• Homestead Patent

• Special Patent

• Exploration Permit

• Mineral Agreement Financial or Technical Assistance Agreement

• Small Scale Mining Permit! Contract

• Agricultural Leasehold Contract

Community Based Forest Management Agreement Forest Land Grazing Management Agreement

• Socialized Industrial Forest Management Agreement

• Industrialized Forest

Management Agreement

• Forest Land Agreement

• Special Land Use Permit

• Special Use Agreement on Protected Areas

The discussion under each L TI first identifies the legal bases then proceeds to summarize their provisions along the following themes: qualification of applicants: l areas where the L TI is applicable and not applicable" benefits to the holder, limitation and restrictions, and procedures and requirements. Clarifications are further provided in the format of frequently asked questions.

It should be emphasized here that this Handbook did not Incorporate possible modifications In procedural and policy guidelines arising from the citizen's/peoples' charter; This shall be a major consideration in any future updating of this material.

A section on regional autonomy Is IncJuded towards the conclusion of this Handbook, presented as answers to frequently asked questions.

6

'Handbook on Land Tenurial Instruments l

LAND TENURIAL INSTRUMENTS ISSUED BY NATIONAL COMMISSION ON INDIGENOUS

PEOPLES

Pursuant to Section 38 of the IPRA, the NCIP is th~ primary

overnment agency responsible for the. formulation and Tmplementation of policies, plans and programs to promot~ ~~d protect the rights and well-being of the !CCsIlPs ~n. e recognition of their ancestral domains as well as their rights

thereto.

Certifi~ate of Ancestral Domain Title (CADT) ref:rs to a title formally recogniz:ing the rights of possession a.nd ownership of ICCs/!Ps over their anc:stral domams identified and delineated in accordance With the IPRA.

Constitutional and Le9~1 ~asis .. . .. . Art. XII Sec. 5)

• 1987 Philippine ConstitutIon (Art. If, Sec. 22, Art. X/l~, Sec. 6, . I 'R hts Act

• Republic Act No. 8371 otherwise known as the Indigenous Peop es 19

~ 1997 d its IRR (Sec 11 and Sec. 4) .

o , an .. 1 .' 0 de No 01 s 2008 _ "Ornnibus Rules on Dellneatlon

• NCIP Administrative r er .. " . "

and Recognition of Ancestral Lands and Domains of 2008.

Qualification of Applicants

The applicants must be FilipiMo citizens who are indigenous Peoples (IPs) or members of Indigenous Cultural Communities (ICCs) and are native to the area where the ancestral domain subject of petition is located.

Section 78 of the IPRA

Special Provision

The Ctly of Baguio shall remain to be governed by its Charter .and all lands proclaimed as part of Its town

site reservation shall remain as such until otherwise reclassified by , appropriate legislation: Pro~ided, "

Where Applicable lhat prior land rights and titles

• The CADT Is applicable within .an recognized and/or acquired

area/territory continuously owned, oc~upled through any judicial, administrative

and possessed since time immemorial by or other processes before the.

members of the ICGs/IPs. effectivity of the IPRA sl1all rem~1f1

• This territory may Include: (a) land; (b) inland valid: Provided, further, TIlat this

, I provision shall not apply to any

waters; (c) coastal areas; and (d) natura territory whicl1 beoomes part of ~l1e

resources. . City of Saguio after the effectivity

• The land may be alienable or not and IS of ,the IPRA,

being utilized as: (a) ancestr.al I~nd; (b~

~~)e:~:ri~~t~~a~t~~d:(~)d~J~li~;~~:~~d;1 (~)ng~rlaJ. grounds; (h) worship areas; (I)

mineral lands: and 0) home ranges of nomadic tribes,

7

L TIs issued By NClP

Where Not Applicable

• Territories not traditionally occupied by ICCs/IPs;

• Territories where ICCs/IPs do not have traditional access for subsistence and. traditional activities,

Benefits

• Grants security of tenure over territorial base of ICCs/IPs

• No limitation of area sought to be titled by petitioners {applicants}

• Not subject to real property tax, special levies, and other taxes except when used for larg.e scale agriculture, commercial forest plantation, residential. purposes, and when titled by individuals;

• Grants to ICes/IPs the right to deve.lop lands and natural resources and

protection thereof

• Applies to land more than 18% in slcipe, alienable or not

• Guarantees the right to stay in the territory and not be duly displaced

• ICCs/IPs can regulate migrants within their territories

• Customary laws and traditions would primarily apply in resolving land conflicts and indigenous knowledge systems and practices be used to sustain snvironrnant and social relation

• Assures safe and clean air and water for ICCsllPs

• Ensures the right to claim parts of reservation

• Ensures the right to stop projects and programs within territories if the necessary Free and Prior Informed Consent (FPIC) of concerned ICCslIPs was r'lot6i)tained

• Ensures the right to benefit from exploitation and exploration of natural resources and priority use thereof

Um ltatlon s/Restri'ctions

• The process of recognition requires extensive and intensive research and

documentation '

• The resource use is subject to customary laws and indigenous resource

management systems .

• The ancestral domain cannot be sold, destroyed or otherwise encumbered

• Ownership is understood as the indigenous concept of ownership, thai is, communal

• The I eCslI P occupants have the responsi biltty to maihtain 8cologi cal bala nce, restore denuded areas and to observe laws.

Certificate of Ancestral. Land Tltle (CAL T) refers to a title formally recognizing the ownership rights of ICCs/lPs over their ancestral lands.

Constitutional and Legal Basis

• 1987 Philippine Constitution (Art If, Sec. 22; Art, Xlfl,. Sec, 6; Art, XII, S~c, 5) .

• Republ.ic Act No. 831'1 otherwise known as the Indigenous Peoples Rights Act of 1997, and its IRA. (Sec. Bof IPRA; Sec. 12 of IPRA; Sec. 4 of IPRA~/R_R) ".

• NC1P Administrative Order No. 01, s. 2008 ~ "Omnibus Rules on Delineation and Recognition of Ancestral Lands and Domains of 2008,"

a.ualification of Applicants . '. .

• Should be Fi.lipino dtizens who must be IPs or members of ICCs and are native to the area where the ancestral land subject of petition is located.

• For migrant IPs, at least 30 years of continuous possession prior to the effectivity of the IPRA.

Where Applicable . ..

• The CAL T is applicable in land continuously occupied, possessed and utilized since time immemorial by individuals, families or clans who are members of ICCsflPs under a claim of individual or traditional group ownership.

Where Not. Applicable

• Lands located in areas not traditionally occupied by ICCsflPs;

• Land with territories traditionally occupied by ICCslIPs but are now occupied by

other individuals whose property rights existed ""--, ,. ""~""" ,

or vested before the enactment of the IPRA A property right is

synonymous to "title" which in a strict sense is applicable only to real'

property. Title in this sense

is defined as that which constitutes a just cause of ij

exclusive possession, or "

which is the foundation of ~ ownership of property.

License.s, leases, grants or permits are not encompassed in the phrase because such are privilege,S '"

and not rights. ~

L... ___.l.

, Benefits

• Assures security of tenure over ancestral land,

• Recognizes individual, family or clan

ownership.

• No set minimum nor maximum area limits.

• Transferable in accordance with customary laws and traditions Of the ICCs.

• Applies to land with more than 18% slope,

• Gives the lP the right to redeem,. within 15 years from data of' transfer, the land which have been transferred by a member of ICCIIP to a non-member and such transfer was attended by vitiated consent or it was for an unconsctcnableprlce,

I -

8

Handbook on La(Jd Te.nuriailnstrumehts L LITs Issued By NCIP

9

Lim itatJonsfRestrictlons

• The process of recognition requires extensive and intensive research and documentation.

• Resource use is subject to customary laws and indigenous resource management systems.

• The transfer or conveyance of ancestral land is covered by customary laws and

traditions.

• The ownership is understood as the .indigenous concept of ownership.

Procedures and Requirements for the Issuance of CADT/CAL T

1. Filing of AppficationlPetition. The duly notarized application/petition shall be filed >by the authorized Elder/Leader or Representative with the nearest NCIP

. Community Service Center (CSC), Provincial Office (PO) or Regional Office (RO) in the prescribed NCIP form (NCIP-ADO Form AD-1 for AD and NCIPADO Form AL-2 for AL), and shall contaln the follOwing basic information:

a) Name/s of eAOT/CAL T applicant;

b) Tribe/ethno-linguistic group;

c) Specific location/coverage of the ALlAD;

d) General information of the land/domain applied for including its estimated area;

e) Srgnature/s. or thumb-mark/s of applicant or duly authorized

representatlvs/s of the clan/family/individual or community.

The application/petition for CADT/CAL T shall be supported by the folrowing documents/writings;

a) For CAOT application:

• Duly notarrzed Letter or Resolution of Intent signed by the majority of the traditional Council of Eiders/Leaders'

• Statement that the application was a community decision arrived at

in accordance with customary processes; and >

• Statement that the area subject of their applicationl petition Is their ancestral domain since time immemorial.

b) For CAL T application:

• Duly notarized Letter or Resolution of Intent signed by the ICC/IP applicant;

• S.tatement. that the area subject of the appllcatlon/ petition is hIs/her/theIr ancestral land since time immemorial; and

• Wh.e.re the presence of other Co-owners is apparent, their duly verified conformity.

c) Where the. application is to be accomplished and filed by a representative of the CADT/CAL T applicant, the representative/s must submit the Authorization/Special Power of Attorney constituting ~Im/her/them as the legal represent,allve/s which, among others, must indicate the personal circumstances of such representativefs and the nature, extent and term of the authertty granted.

Such authority of the representative shaft automatically cease upon the. approval of CADT/CAL T application by the Commission unless earlier revoked at the Instance of the prlnclpal/s.

10

Ha'ldbook On Land Tenurial Instruments

Immediately after submission, the Leiter or Resolution of Intent shall be recorded in the CADT/CALT Application Record Book (CARB) of the PO, or CSC without PO, having jurisdiction over the area, provided however, that in cases where the application was submitted and received by the National, Regional or eSc offices, the same must be immediately transmitted to the PO or CSC for entry in the CARB.

2. Initial Review and Evaluation. The PDT or COT. as the case may be, shall review and evaluate all documents/proofs supporting each app'Ication/petlnon to determine the sufficiency of the application, the attachments and other documents required. If found sufficient, the PDT/COT shall transmit a copy of the application/petition together with the pertinent attachments to the Director of Lands, DENR, pursuant to Section 53(f) of IPRA, through registered mail with return Card.

If found insufficient, the applicant shall be directed to submit additional proofs. Otherwise. no further action shall be taken.

3. Preparation of Work and Financial Plan (WFP). After the requirements in the preceding sections are found to be sufficient, the WFP shall be prepared by the PDT/COT with the participation of: the CAOT/CALT applicant; participating NGO/s recognized by the community, if any; concerned LGU: and other partner agencies. The participation, undertaking, and/or counterparts and other agreements of the concerned community, partner NGO/s, LGU/s, agencies shall be clearly stipulated in the WFP. The WFP shall be endorsed by the concerned NCIP Regional Office to ADO for review and evaluation. Thereafter, the WFP shall be returned to the PDT/CDT for the signatures of the parties, duly noted by the Regional Director. The signed WFP shall then be transmitted to Central Office for Signing by the ADO Director, FAO Director, concerned Ethnographic Commissioner and the Chairman. Copies of the accomplished WFP shall be furnished to the applicant, ADO, FAa, COA, RO, CEB thru the OED, and partner agencies, if any.

In cases of applications fully funded by the applicants, or from sources other than the NCIP, the WFP shall be reviewed by the Regional Office. After favorable review, the WFP shall be returned to the PDT/COT for the signature of the parties. The signed WFP shall then be noted by the Regional Director and concerned Ethnographic Commissioner. Copies ofthe accomplished WFP shall, thereafter, be furnished to the applicant, ADO, FAO, and CEB thru the OED.

The duly a.ccomplished WFP shall constitute the agreement by and among the parties therein.

The WFP shall contain the following:

a) Name/s of the partyfies;

b) Date of preparation;

c) Specific location of the project;

d) Approximate total AUAD area;

e) Estimated total' IP population/right holders;

LTIs Issued By NCIP

11

f) Ethnic group/s living in the area;

g) Kind of application;

h) Brief description of the landscape of the area;

i) Status of the accomplished activities, if any;

j) Total amount needed to complete the project;

k) Initial amount already expended, jf any; I) Sourceis) of funds;

m) Specific activities and timeframe/duration for its accomplishment; n) Physical output indicator for each activity;

0) Name, address and contact number(s) of contact persorus) of participating LGU, NGO,IPO or any support group(s)/entity, if any:

p) Specific activities clearly indicating the counterparts of the partner LGU, NGO, IPO or any support group(s)!entity(ies); and

q) Such other undertakings or agreements of the parties.

4. Notification of Delineation Activities to Stakeholders. At least fifteen (15) days for CADT applications, and five (5) days for CAL T applications, prior to the conduct of the delineation activities, the PDT/COT shall notify in writing all stakeholders including, but not limited to:

a) Applicant ICC/IP;

b} Adjacent communities/lot owners;

c) Director of Lands, pursuant to Section 53(f) of RA 8371;

d) Government agencies claiming jurisdiction over the area applied for, if any; and

e) Concerned LGUs.

The Notices shall specify the venue, date and time and shalf be delivered preferably by personal service. registered mail with return card. or other modes of delivery most convenient and speedy to ensure receipt by the addressee.

Notices written in the local dialect shall also be posted in conspicuous public places within and adjacent to the AL/AD. It shall include information on the Applicatlon/Petttlon for CAL T/CADT and an invitation to attend the Information, Education and Consultatlon (IEC) where the concerns of the stakeholders may be presented and addressed.

Such Notices shall also be sent and posted prior to the conduct of the following activities:

a) Community validation of documents;

b) Ocular inspection;

c) Meetings for boundary conflict resolution; d} Actual ground survey; and

e) Map validation

Failure to attend the aforesaid meeting by concerned agencies shall not prevent the PDT/COT from proceeding with the scheduled delineation activities.

5. Community-wide lEG. For CADT applications, the PDT/COT shall conduct lEe activities with the I~CsIIPs and stakeholders to discuss the salient features of

12

Ha(ldbooJi: On Land Tenurtel Instruments

RA 8371 with emphasis on the principles of self delineation, communal ownership, cultural integrity, native title, rights. and responsibilities of the ICCslIPs relative to their AD, as well as the metes and bounds of such AD. The WFP, including tasks, responsibilities and counterparts of the applicant in the delineation process shall also be discussed and presented to the community. The validation of elderslleaders shall likewise be undertaken.

For CALT applications, IEC activities shall be undertaken in a manner to be arranged and agreed upon between the PDT/COT.

6. Validation of the List of Elders/Leaders or Authorized Representative/s. The PDT/COT shall validate the list of Elders/Leaders (for CADT applications) or authorized representative/s (for CAL T applications) submitted to the NCI P ~s appearing in the application. To determine whether the customary manner In selecting! identifying elders/leaders or representativels has been followed, the PDT/COT shall conduct research on the ICCflPs' socio-political structure/

institution or traditional governance,

7. Data Gathering and Documentation. The PDT!CDT shall assist the IC~s/IPs in the gathering of the testimony of elders, historical accounts, genealogical data, census of population, preparation on the indicative map and other secondary

data.

The PDT!CDT shall request a certified list of data or information a.ffecting the AUAD applied for from the appropriate government agency/les and

private institutions or persons, on the following: " .

a} all resource use permits, gr~nts and ?ther instruments entered into/Tssued

by the government through Its aqencies/ LG~; ..

b) all proclamations, laws, orders, zoning ordlna~ces, declslo~s of courts and other tribunals involving the ancestral domam/land or portion thereof.

c) all rights of ownership over land within the ancestral domain which has

been vested prior to the effectivity of IPM; . .

d} aU publici private agreements/ contracts entered into by leC/ IPs mvolvlng

transfer of rights over land, prior to the effectivity of IP~; .

e) all other entities having interest in the ancestral dam amI land which may affect the ICC/IPs' right to effectively exercise acts of ownership;

f) copy of sketch maps, approved survey plans andlor other records to identify boundaries or adjacent owners; and

g) applications for title or fact of absence thereof.

8. Ocular Inspection. The PDT/COT, together with representatives of the

Council of Elders/Leaders, shall conduct ocular inspection to: .

a) verify traditional. physical and cultural landmarks or boundanes of the

ALlAD;

b) determine the existence of boundary contllcts, if any;

c) verify and contlrm the actual location of sacred/worship places, burial, hunting, gathering, collecting, fishing. grounds and other proofs of 10119 time possession and ownership within the ALlAD;

LTIs Issued By NCIP

13

. d) ~scert~in the pr~sence of holders of existing and/or vested property rights In the applied area. In case there is such holder, the same shall be required to submit the evidence thereof.

In c~se. an~ ch~nge or variation in the metes and bounds contained in the appl!catlOri IS dlscov~red or made known during the ocular inspection, the ~ppllca~t shall subml.t to the POT/COT, within five (5) days after the ocular inspection .a resol~tlon (for AD)/~equest (for AL) to effect the necessary amendment, othelWlse, the processing of the application shall be suspended.

9. Resolution of Conflicts/Disputes. The primacy of the customary law of the community/ies shall be observed in the resolution of conflicts/disputes between and among I CCS!!Ps.

In the resolution of conflicts/disputes, the POT/COT· shall, as fa~ as practicable, do the following:

~) det.ermlne the nature of the conflict/dispute

0) Inltl~te the cus~omary conflict-resolutio~ process and document the same I

c) as~rst the parties execute the appropnate MOA in case of any agreement ar~I~ed at. In case no settlement is reached, the parties may agree in I wntlng to segregate the contested area or enter into some other forms of . arranqernent in the meantime so as not to unduly delay the CADT/CAL T I proc~sslng without prejudice to future settlements or ths full adjudication of . the dispute before the proper body.

If after the ~xercise of diligent efforts, no settlement or agreement is arrived at the processing of the application shall be suspended. '

10. Validat!on of Proofs. All d~cuments/proofs supporting th:e application shall be valrdated by the applicant or the aUthorized represenlative/s in an assembly c?nvened, for the purpose and facllttated by the POT to secure the appropriate confirmation.

Persons. whose. nar:nes were inadvertently omitted as members of the communrty/dan/famlly shall be included in the list upon request, and the update~ list, duly authenticated by the council of leaders/elders or head of the family/or clan, shall be submitted by the applicant to the PDT/COT.

~erso~s who claim to hav~ been omitted in the list may ask the applicant for lncluslon. Should the ~p'pllcant agre,e, the immediately preceding paragraph shall apply, otherwise, It shall be subject to conflict resolution facilitated by the

. PDT/COT. If the matter remains unresolved, the person concerned may have recourse to remedies allowed under existing rules.

The council of leaders/elders/clanffamily may exclude Persons who are not entitled to be included in the list and shall thereafter submit the emended list to Ule PDT/COT. Any ~ggrieved pe~on/s may ask for reconSideration Of the above recommendation. ShoulCl It be granted, the original list shan remain otherwise; the matter shall be subject to conflict resolution facilitated by th~

14

Handbook on Land TenUrial Instruments

POT/COT. If it still remains unresolved, the person's concerned may have recourse to remedies allowed under existing rules.

The non-resolution of a request for inclusion/exclusion shall not affect the processing of the application.

11. Preparation of Social Preparation Accomplishment Report (SPAR) for Issuance of Work Order/Survey Authority. The PDT/COT shall prepare a SPAR summar.izing the activities conducted and list of validated proofs to be submitted to the Regional Review Body (RRB). The SPAR shall contain the following:

a) Introduction - Brief description of the project and its purpose.

b) Background which should include:

• A description of the beneficiaries;

• Historial background;

• Political, social and economic situation;

• Geographical description;

• Access; and

• Availability of infrastructures and communication facilities.

c) Discussion on:

• Preliminary Activities which should include meetings conducted; coordination with applicants, government agencies, non-government agencies and other entities having direct or indirect interests in the area,

partnerships and other relevant activities undertaken; .

• Social Preparation which is a narrative description in the implementation and conduct of the social preparation activities including the problems encountered and how resolved, and if not, what are the planned actions to be undertaken, hindering factors as well as other factors that aided the accomplishment of the activity, status of each activity, extent of the accomplishment, involved entities and other relevant information useful for evaluation and assessment. Special emphasis must be given the following: lEG, Validation of proofs, Genealogical survey, Census, Conflict resolution, and Research particularly on survey-related data and information.

d) Attachments/Annexes:

• Copy of approved MOAIMOU signed by the NCIP Chairman, if any, in cases where there are counter-parts from the applicant, NGO, LGAs, LGUs, or other entities;

• Copy of the agreements/s on the Resolution/s of boundary conflicts/disputes or tenurial concerns; Photo documentation or Photocopy thereof; and

• Other relevant documents

After review of the SPAR by the RRB, the Regional Director, shall endorse the same to the ADO Director for the issuance of Work Order or Survey Authority, as the case may be.

12. Commencement of Survey Activities. The Regtonal Director shall direct the cornrn enaerrnmt and com pletlon of survey activities wlthl n fifteen (15) workl ng days from receipt of the Work Order/Survey Authority after the notlfioation of all stakeholders.

LTIs Issued By NCIP

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The Survey Party and the PDTICDT shall conduct the Mission Pla~ning. This will be attended by sta~eholqers 10 discuss 'procedures and determine Ihe~r respective roles, functions and responsibilities durmg the conduct of the survey activities.

The Sutvey Party shall establish project controls and ul"ldertake the Perimeter Survey with the participation of the duly

authorized ICCItP rep rese n tat lve/s, .

13, s~~eb Returns; Initial Verification and Projection, Survey Returns of AUAO: s ~, e prepared by the Chief of Party d b ltt . .. . venflca!ion and projection. Should ADO fi d an su ~Ied to Af!O for mrtlalf the correction of the same otherwi. thn any technical .defect, It shall cause, the community/applicant fo~ VaJidatio~~' .e survey plan shall be presenfed to/

. I

14, C6mmunifylApplicant Survey PI ~ lid .

shall present the surve f;n a I etion. The surv~y party and PDT/CDT!.

representativeJs, as well ~s ~d'oin~~ ~h: communlty/appl.icant or their) identifying the landmarks and actulal sit g/.qJaCle~t . community/res or ownerJs, the plan for their validation or confirmat~~~n re ation to the boundary corners inf

The duly authorized representativels of the' .

t~e council of leaders/elders. and the PDT/cd!lrcant comm. unlty/~Ian/family or ~

signatures to confirm the plan S id members shall affiX their

. al process shaJl be properly documented.

15. Notice and Publication of CAD TICALT A . . I

the publication and posting of the cAb,#~afIOn. The. P~T/C~T shall cause provided for under Section 52@ of IPRA (f AL T applr~ation rn the manner arm to be devissd by ADO).

The publication provided ill ttle . di

elf CADC/CALC conversion in thPerefOcleJOWlI~g p,.aratgraPh shall be required in cases -

) . ng Ins ances: .

a when there was no actual ground survey

b) there was ground survey but was not published

c) there ~as defective sUNey, '

d) there ~s an increase in the total area, or

e) there IS a change of location (coverage)

A verified opp T t

one whose int~~~~~~s ~f~~~t:~p~~~~~nd~l~y b~ filed with the PDT/COT by

grounds: nea Jon, on any of the following

a) Adverse claim'

b) The apPllcatio~ is false or fraudulent.

dC») TThhe area bbeing claimed or portion th~reof, Is not an ALIAD' or e area elng applied fo rt' , .

adjacent or another ALlA~: or po ron thereof, has encroached Into the

Upon receipt of the opoosltlon ttl PDT/C

facilitate resolution of the iss~e. ~ ac ~T shall, exert diligent effort to

u~r~solved, the PDT/COT shall endorse ~~: ance WIth customary laws .. If Within a period not exceeding thirty (30) d matter to the RD for resolution

16 ays,

Handboo/( on Land TenurIal Instruments

For this purpose, the RD may designate a Provincial Legal Officer or the Regional Attorney to conduct investigation and recommend proper action to Ihe RD for his/her decision. The decision of the RD shall be furnished to the concerned parties and any party who feels aggr~eved may appeal within ten (10) days from receipt thereof to ADO. The notice of appeal shall be filed with the RD who shall thereafter forward the pertinent documents to the ADO Director who must decide within ten (10) days. The decision of the ADO Director, which must be furnished the concerned parties, shall be subject to automatic review by the Commission during its deliberation on the subject application. This process shall bar the Regional Hearing Officer (RHO) or the Commission En Bane (CEB) from entertaining any opposition to the application and the pendency of the investigation shall not suspend the delineation process,

For purposes of common projection, a copy of the survey plan shall be furnished to the DENR, DAR and LRA for common projection after the verification of the ALIAD survey plan by ADO. If there are cases of overlap as determined by DENR or LRA, NCIP must be informed forthwith of the details thereof, and the latter shall act in accordance with its appropriate circular/agreement with LRA or DENR. as the case may be.

16, Approval of the Survey Plan. The ADO shall approve all surveys of ALslADs.

The conduct of such surveys by Geodetic Engineers of NCrp, cooperating agencies/ institutions or private practitioners must conform with existing guidelines.

17. Preparation of Recognition Book. The Ancestral Domain/Ancestral Land Recognition Book, which is hereby briefly called ALIAD Recognition Book, to be prepared in eight (8) copies - one (1) original and seven (7) duplicates, shall contain the following:

a) PDT/CDT Report. This refers to the final report containing proofs, evidences, writings, maps, sketches, documentations, activities and the findings or analyses of all data/information gathered during the investigation, evaluation, including the SPAR, survey report and conflict resolutions, if any, prepared and signed by the members of the PDT.

b) RRB Report. This refers to the report containing the evaluation by the RRB of the AUAO Recognition Book on its level.

0) Conflict Resolution Report, This refers to the report containing all resolutions of conflicts/disputes, including pertinent documents, decided by the RD, if any.

d) Endorsement. This refers to the favorable recommendation of the

concerned Regional Director to ADO based on the RRB report.

The PDT/COT shall transmit to the RRB Its ~epQr't within fifteen (15) days from the last day of publication, if no opposition Is received in due form, otherwise, the submission of the report shall be held in abeyance until after resolution by the PDT/CDT.

HIs Issued By NCIP

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18. Review by the RRB. The RD shall constitute an RRB who shall review the PDT/COT report; prepare and submit its report to the RD within twenty (20) days from receipt of the PDT/COT report.

19. Endorsement by the Regional Director. Based on the RRB report, the RD shall act accordingly. Should the RRB reporti"equire additional evidence, the RD shall issu~ a memorandum for compliance thereof, otherwise, he/she shall I prepare his endorsement to form part of the Recognition Book and transmit the I same to ADO.

I

I

In case of opposition duly filed with and decided by the RD, he/she shall prepare the conflict resolution report to form part of the Recognition Book.

20. Review by the ADO. Within 15 days from receipt of the endorsement by the' RD, the ADO shall review the AL/AD Recognition Book.

Should ADO find the ALIAD Recognition Book to be sufficient, ADO shall notify the PDT/COT to submit seven (7) additional certified photocopies of the ALIAD Recognition Book, otherwise, it shall require submission of additional evidence. Within fifteen (15) days from receipt of the additional copies, the ADO shall endorse the application to the Commission far deliberation.

No application shall be considered for deliberation without the written endorsements of the concerned Regional Director and the ADO Director. Prior wrttten notice of at least fifteen (15) days before the scheduled date for deliberation of the application containing the date, time and venue thereof shall be issued by the Executive Director to the concerned RD, PO/CDO, legal officer and other representative/s of the PDT/COT. Within the same period the Chairperson of the Commission shall notify the Director of Lands pursuant to Section 53(f) of IPRA.

21. [)eliberatiOl'l by the Commission by Division and En Banc. Deliberations by the Commission shall consist of three (3) readings. The First (1S1) and the Second (2nd) readings on the application/petition shall be conducted by the Commission sitting in Division. Each Division shall delfberate only on those applications/petitions over ALs/ADs within the jurisdiction of the Ethnographic Regions they represent.

The Third (3rd) Reading on the application/petition shall be conducted by the Commission sitting En Banc when the same is reported out or endorsed by the corresponding Division for consideration by the Commission En Banc. During this Reading, the Commission shall deliberate on and determine the validity of the application, sufficiency of evidences or proofs supporting ALIAD ownership, and compliance with the requirements of IPRA, its IRR and the pertinent Guidelines. Thereafter, the Commission shall issue a formal resolution containing its findings and final disposition on the application.

22. Preparatron and Signing of CADTICAL T. The appropriate CADT/CALT in the name of the owner/s shall be prepared by ADO and reviewed by the Legal Affairs Office before submission to the Commission for signing.

18 Handbook on Land Tenurial instruments

In case of denial of the application/petition by the Commission,. the ADC? Shall, within five (5) days from date of receipt of the re~olutlOn, notify the applicant'petilioner of the denial, attaching to the notice a ~opy o~ the Resolution. The notice shall indicate, among others, the rernedy/ies available

to the applicant/petitioner, if any.

23. Registration of CAD TICAL T. The ADO through the concer~ed PO/COO s.hall assist the owner/s in the registration of the CADT/CAL T WIth the appropnate Registry of Deeds. The AD ownerls shall bear the registration fees but shall be exempted from payment of the Assurance Fund premium per Memorandum Order No.179, S.2005 of the Office of the President. In the cas~ of AL, the ownerls shall shoulder all registration fees including the premium for the

Assurance Fund.

24. Awarding of CADTICALT. The CADT/CAL T shall be formally. award~d by the NCIP to the concerned owner after its registration!) Certified copies of fhe approved SUNey Plan of the ALIAD with re~istered t!tle ~hall b~ furnished to LMS-OENR Regional Office, for lncorporation In their

projection map and for record purposes.

PROOFS REQUIRED IN CADT /CALT APPUCATION

Proof of Ancestral Domain Claims shall include the testimony of elders or community under oath. and other documents ?irectl! or ~ndirectly. attesting to the possession or occupation of the area Since time Immemonal by s~ch ICCs/IPs in the concept of owner/s which shall be anyone (1) of the followmg

authentic documents: ..

a) Written accounts of the ICCslIPs customs and tradltlon~~ . .

b) Written accounts of the lCCslIPs politica~ structure and Institutions;

c) Pictures showing long term occupation such .as th.ose of old

improvements, burial grounds, sacred places and old Villages, .

d) Historical accounts including pacts and agreements concerning

boundaries entered i~to by the ICCslIPs concerned iNith others ICCsIIPs;

e) Survey plans and indicative maps;

f) Anthropological data;

g) Genealogical data; . . .

h) Pictures and descriptive histories of traditional communal forests and hunting grounds;

i) Pictures and descriptive histories of traditional landmarks such as mountains, rivers, creeks,

ridges, hills, terraces and the like; or . .

j) Write-ups of names and places derived from the native dialect of the

community

The testimony of elders or community, under oath. shall include the following:

customs and traditions related to land: .

a) Customary practices on boundary conflict resolutions;

b) LandmarkS and boundary markers (include survey plans and sketch

maps);

e

19

L TIs Issued By NCIP

c) His~~ry, including pacts and agreements concernlnq boundaries;

d) Political structure and institutions,

The POT/COT, RRB, RD, ADO or Commission, in the exercise of sound discretion may require the submission of additional proofs. '

Swom testimonies of Key Informants, composed of at least four (4) community

elders/leaders, declaring, among others: .

a) The identity of the ICCIIPs;

b) The fact that they have

possessed, occupied, claimed and used the territory and the resources therein as ALIAD claim since time lmrnemorlal:

c) The description of the mete~ and bounds or traditional landmarks of the ALIAD claimed;

• , ..... '.!.",.. .... _ ...

;. -

Written Accounts are accounts in writing about the particular ICCIIP, their customs and t~aditions: polltlcal structures and institutions, other lifestyles or cultural expressl.ons, which may Include anthropological data, etymology of names and places derived from the native dialect of the community and such other records in writing containing a redtation of the community's history.

Other sourcesot secondary data or information shall be properly named/cited or acknowledged.

Indicative Maps are illustrations identifying the areas actually occupied, pos~~ssed and accessed in the past and at present by the community, tradltlonat and natural landmarks, and boundaries of the area constituting the ancestral land/domain as well as the adjacent areas.

Genealogical Data consists of a chart showing the relationships between/among present claimants and their predecessors, who lived in the same ,.erritory at least. three (3) generations earlier than the present generatIon, the latter beinq the ego, for CAL T appllcatlon. In the case of ,?ADT, applying the three-generation rule, the genealogical charts of at least flve (5) Informants composing the majority of the ICC population must be submitted.

The Genealogical Charts shall be presented to the ICCs/IPs for validation. The Head/s of the Clan/s whose genealogy was illustrated shalf affix his/her signature/thumb-mark to attest to the truth of the Information therein and certified to and witnessed by the PDT/COT members present during the valIdation.

The Ge.nealogic~1 Verlflcatlon Report shall then be prepared by the PDT/COT. It shall include pictures evIdencing the conduct of the genealogical survey.

20

Handbook on Land Tenurial Instruments

Pictures are still photographs depicting and illustrating the:

a) traditional landmarks such as mountains, rivers, creeks, lakes, ri.~gesJ terraces, sacred places, hunting! fishing grounds, and the traditional use of resources with detailed description of their importance to the lives of the claimants;

b) physical evidence of long term occupation or settlements such as old structures and improvements, burial grounds and sacred places; and,

c) artifacts owned by the ICCIIPs.

The pictures of the places and objects taken with the ICC representative/s in the foreground or background to establish authenticity, describing in a label what the picture depicts, identifying therein the date when it was taken as well as the photographer.

Census shall refer to the process of coming up with the list of community members found in the AUAD without prejudice to the inclusion of the names of non-resident members if available. The census may include the following:

a) migrant IPs res.iding within the ancestral land/domain.

b) non-IPs residing within the ancestral land/domain.

The list shall be validated by the applicants through their recognized elders who shall affix their signaturesl thumb-marks in all the pages thereof. Any member of the PDT/COT present during the validation shall certify that the list was presented to the community for validation by affixing his/her signature in all pages.

Documents In Support of CADl/CAL T Application .

The foHowing may be considered as documents in support of the CADT/CAL T application:

1. The resolution recognizing the elders/leaders who served as key informants together with the minutes of the said assembly, certified by PDT/COT;

2. The resolution recognizing the NGOs/LGUs as assisting partners or

seeking in the delineation;

3. Minutes/Reportls on conflict/dispute resolution conducted/documented

byPDT/CDT;

4.. Minutes of all activities conducted and facilitated by the POT/COT during the delineation process;

5. MOAs relevant to delineation process, executed between the community and assisting NGOs, LGUs or other entities;

6. Pacts and agreements between the community and the adjacent com m unity/i es;

7. Photographs documenting the activities relative to the delineation.

LTIs Issued By NCIP

21'

Handbook on Land Tenurtet Insirumerrts

y

What are the I~gal bases for the enactment of the IPRA?

The legal bases for the enactment of the IPRA are the express mandates of the 1987 Philippine Constitution, (Section 22, Article II; Section 5, Article XII; Section 6, Article XIII, and Section 17, Article XIV), International Treaties and Conventions, notably, ILO Convention 169 and also the UN Draft Declaration on the Rights of Indigenous Peoples.

What do the terms Indigenous Cultural Communitlesl Indigenous Peoples mean?

The term IPs was used to reflect contemporary tnternational language which was formally adopted in 1993. Whereas, the term ICCs was an earlier term. used in the Philippine Constitution to describe a group of people sharing common bonds of language, customs, traditions, and other distinctive cultural traits, and who have, under the claims of ownership since time immemorial, occupied, possessed and utilized a territory. As in other laws enacted in the Philippines, both terms also refer to homogenous societies identified by self ascri pti on_ and ascription by others, who have continuously lived as a community on communally bounded and defined territory, sharing common bonds of language, customs, traditions, and other distinctive cultural traits, and who have, through resistance to political, social and cultural inroads to colonization, non-indigenous religions and culture, become historically differentiated from the majority of the Filipinos

What specific rights of indigenous peoples does IPRA seek to recognize, protect and promote?

The following rights of IPs are sought to be recognized, promoted and protected by IPRA: a) Rights to Ancestral Domains/Lands; b) Rights to self-governance and empowerment; c) Social justice and human rights; and d) Right to cultural integrity

By what right do IPs claim ancestral lands and domains?

IPs claim ownership to their ancestral domain/lands under the legal concept of Native Title, which provides that long and continuous possession by natives of land vests valid title. Simply stated, the concept of Native Title recognizes that ICCsllPs are the private owners of areas and territories that they have possessed, occupied and utilized since time immemorial and as such, have never been part of the public domain.

What Is meant by time Immemorial posse.ssion?

Possession since TIme Immemorial refers to a psrtod of time when as far back as memory can go, certain ICGs/IPs are known to have occupied, possessed and utilized a defined territory developed to them by operation of custom law/traditions or inherited from their ancestors. Proof of time immemorial possession may Include, but are not limited to: testimony of elders, historical accounts, anthropological or ethnographic studies, names of places using the dialect or language of Indigenous peoples, genealogy, treaties or pact between or among IPs and/or other populations.

L TIs Issued By NCIP

23

I

What are included in the rights of Indigenous Peoples to their Ancestral Domains and Ancestral Lands?

The rights of IPs to their ancestral domains include:

a) Right of ownership;

b) R~ght to develop and manage lands and natural resources;

c) Right to stay in territories;

d) Right in case of· displacement;

e) Right to regulate entry of migrants;

f) Right to claim reservations;

g) Right to safe and clean air and water'

h) Right to resolve conflicts through customary law.

In addition to the above enumeration, and in relation to ancestral lands, the following rights shall also be enjoyed by ancestral land owners:

a) Right to transfer ancestral lands;

b} Right to redeem ancestral lands lost through vitiated consent.

What does right of ownership cover?

The right of ownership of the rCCs/IPs over their ancestral domains cover rights to all lands ~nd natural resources comprised in the domains, including bodies of water which they have traditionally and actually occupied and to all natural resources therein, the right to sacred places, traditional hunting and fishing grounds, and the right to all improvements made by them at anytime within the domains. This right also includes the recognition of indigenous concept of ownership.

The right cif ICCslJPs to own ancestral domains emanates from time immemorial possession and is mandated in Section 17, Article XIV of the 1987 constitution whic~ encourages Congress to apply customary laws governing property rights or relations in determining the ICCs/IPs' ownership of and the extent of their ancestral domains.

Will titling through the issuance of CAL T, not encourage IPs to sell their ancestral land?

N6. Ancestral lands are the private properties of families, groups of families or clans of ICCs/IPs. Under the IPRA, transfer of rights over ancestral lands by the own:r IP family or clan is governed by the customary law of the IP concerned, and provided that the transfer or alienation is to/among members of the same ICCsIIPs. The manifest intent of this provision is to protect th€ a ncestra I lands from passing to han-indigenous persons under the concept that these lands are not only inherited from the past generations but also borrowed from the future generations.

What are Instances of vitIated consent?

The requisites of consent are: (1) it should be ihtelligent, or with an exact notion of the n:'aUer to which it refers, (2) It should be free, and (3) it should be spontaneous. Intel1lge~ce in consent is vitiated by error or mistake, freedom by violence, Intimidation or undue influence and spontaneity by fraud. lnstancea of vlt1ated consent canalso be called "defects of the will", which means lack of valid consent ihus, In a sale or transfer of ancestrattand to a non-IP. instances of mistake,

24

nenabootc on Land Tenurist Instruments

violence, intimidation,. undue influence and fraud can make the transaction devoid of valid consent and are thus voidable.

May ICCsllPs prevent migrants from entering their lands? .

Yes, ICCslIPs may, under their power to regulate entry und~r section 7 (e) of the IPRA, prevent migrants from entering their lan.ds.lf such migrants do not comply with the conditions and qualifications for perrnlsslble entry that the ICCsflPs may establish. It should be clear, however, that ICCS/IPs may not altogether totally and unconditionally prohibit any type of migrants entry.

Is CADT similar to a Torrens Title? .

Yes, a CADT, by virtue of its registration with the Registry ?f Deeds unde~ sect~on 52 (k) of the IPRA, becomes a Torrens Title with all the at~nbutes of ~uch title - 1.8. conclusive evidence of ownership in favor of the holder In perpetuity secured by the state _ except insofar as the IPRA itself limits the rights of the CADT holder to

sell or dispose of the ancestral domain.

Is the land covered by CAL T ICADT taxable? .

Sec. 60 of the 'PRA provides that aU lands certified to be ancestral domain shall.be exempted from real property taxes, spedal levies, and other forms of exaction except such portion of the ancestral domain which are actually used for I~:ge scale private person; provided that all exactions shall. be used to faCIlitate the development and improvement of the ancestral dornains.

On the other hand, the CAL T is taxable.

Why can't the Ancestral Domain area be used for Internal Revenue Allotment

purposes? .

This is because the purpose of the Ancestral Domain is for the preservation of the

ancestral dom ain and the cu ltural integrity of the IPs.

What are the rights of ICCs/lPS in cases of land conflicts affecting ancestral

doma~s? . .

The IPRA provides that ICCsllPs have the right to u~e th.eir cu~tomary \.aws fl~s~ m

settling conflicts within or affecting ancestral dom.ams mcludinq confhcts arls:mg from property rights, claims, ownership, and hereditary succession. Land conflicts should be resolved in accordance with the customary laws of tile IPs where the

land is located.

In cases where there are adverse claims within ancestral domains as delin~ated in the survey plan, and which cannot be resolved by. customa.ry law or practl.c:, the NCIP after notice to the parties, shall hear and declde the dispute. The deCISion of ~he NC!P may be brought on Appeal through a Petition for Revlew to the Co~rt of Appeals within 15 days from reoeipt of the Decision of NCIP by the party aggrieved

by it.

Can CADT/CALT boundaries transcend political boundaries? .

Yes, It must be emphasized that polItical Qoundaries are fixed by laws while ancestral domain I:;loundaries ar-e determined by the tCCl,lPs themselves .thro~gh their council of elders/leaders, Section 51 of the lPM provides that self-delmeatlon

25

LTIs issued By NCIP

shan be the guiding principle in the identification and delineation of ancestral land and as such, the ICCs/IPs concerned shall have a decisive role in all the activities' pertinent thereto,

Is the Internal Revenue Allotment (IRA) affe.eted by the Issuance of a •

Certificate of Ancestral Domai'n Title? .

1'\10. In the first place, the so-called IRA is the share ofa local govemme.nt unit from the national taxes collected within its territory.

Wha1: is the difference between politleal boundarles and traditional or ' ancestral boundaries?

Political boundaries refer to the boundaries Ihat divide two or more political units which are duly recognized in the registry of the government while' tradiiional/ancestral.boundary refers to thelandma.rks that define, more or less. the coverage ofa Certain domain. This is not limited to huriting grounds, watersheds, forests or tirnberlanos, pasture lands, agricultural lands, fishing and mining or r worship area which are being recognized by other IP communities since time imr'hem orial.

The other differences are:

Ancestral boundary: -Does not affect IRA

-Does not affect taxation

-Doss not affect the right of suffrage

Political boundary: - basis of IRA

- basis of taxation

- basis of the right of suffrage

In whose names are GAL T/CADT issued?

For CAL T,. this can be issued to individuals, family or clan. For a family or dan, all

the benefiCiaries will be named, .

For CAOT, Sec. 52 U) of the IPRA provides that: ICes/IPs whose anoestral domains have beenofficialfy delineated and determined by the NCIP shall be issued a CADT in the name of the community concerned, oontaining a list of all those identified in the census.

Is CAlT an absolute ownershIp?

Yes, Section 8 of the IPRA recognizes and protects the right of ownership and possession of the ICCs/IPs to their ancestral lands, CAL T as defined under Section 3(d) of the IPRA refers to a title fortnally recogniz:ing the rights of the ICGs/IPs over their ancestesl lands. Such right includes ownership as earrler slated,

Can we transfer or sell CALT?

Yes, on two conditions es can be deduced under Section 8 (1) of the IPRA, The first condition is that the transfer cif land or property rights shall be between and among the members af the sane JOCIIPs. The second condition is thai the said transfer shall be subject to customary laws and traditions 01 th~ community.

In relation to the second condition, Sect[on 1, p~rt til of Rule II! of the IPRA IRR recognf:a:es as legal, valid and enforc~abl·e the various Il'Idigel'lOu!ij mpdas of I;Icqulsition and transfer betw~en and among members oflha ICC/IPs,

26

Henaboo« on Lena Tenurial Instruments

What arathe responsibititles of IPs over their anc,e~~al domains? ,

Indigenous peoples have the following responsiblllties over their ancestral

domains:'th' th d '.

a) To protectflora.fauna, watershed area: and other reserves WI rn : e omams

to preserve and maintain ecology therein. , , '. .'c

b) To actively initiate, or undertake and partlclpat~ In reforestation of de~uded areas and to participate in other development projects and programs subject to

just and reasonable remuneration. , ' ,

c} To observe and comply with the provrsions of this Act and the rules and

regulations for its effective implementation,

Did IP,RA burden thelCCs/lPs by assigning them environmental

respon.sibilities to their ADs? .,

No, IPRA simply faithfully captured ICCs'/IPs'age-old val~es of, p~otecbng and nurturing their environment. White some opponent of IPRA have insisted th.at the private property rights of ICGs/IPs are the. most burdened type of ownership the values of protectiilg and nurturing the environment are age-old values taught by most IP elders from one generation to the next

What is the principle of self.-delinecation? . . . . . . .

The principle of self-dellneatlon means that the ICCsjIP~ concern~d shall h~~~ a decisive role in determining boundaries of the domains and In, all a~tlvltles pertinent thereto. Delineation shall be a fully participatory proc~ss In,eludmg t~a initial identification of the area, submission of proofs of time Im~emonal possession, ocular inspection, verification, publication, C?~nflict resolution and ne,gotiaUons until. the awarding of formal document of recognition,

How will CADes and CALCs issued by the DENR under DENR Special Order No. 31, s .. of 1989, as amended, and Adminlstra!iVe Order No. 2r. s. o~ 1993 and other issuances baaffected by the delineation process provided m the

IPRA? .. d I' t d ' t the ICGs/IPs whose ancestral lands/domains were offlcla!ly e rneate pna,r 0

enactment of JPM shall have the right to' apply for the Issuance of ,8 Certificate of Ancestral Domain Title (CADT) or a Certificate of Ancestral .. Land Title (CALT), as the case maybe, without gOing through the processes prescribed In the IPRA.

What is' tile difference between a CADC and a CADT~ .

A Certificate of Ancestral Domain Claim (CAPe) recognizes t,he nghts of ICCs/IPs to their lands and domains by virtue of Nalive Title, (t was Is~ued by the DENR pursuant to Department Order No.2, series of ,1?93. At that ~Ime, the ,IPRA was not yet enacted, and the DENR had the opinion that .un~lI. a law. IS passe~ ri;lcognizing IP ri.ghts to ancestral domains,. they are legally lnhlblted to Issue Tltles: therefore the CADC merely reeoqnlzes claims of ownership.

Now that the IPRA has been enacted, there isno longer reason (valid or invalid) to withhold the IPs' right to acquire TIUes over their ancestrel domains should they wish to have aha. In 1act the whole process of dellneatl,on under~qne through the CADO precess-need not be repeated when an ICCll? opts to claim tltle Over their lands,

LTIsJssued By NCIP

27

Are there ancestral lands outside ancestral domains?

Yes. There may be ancestral lands Outside ancestral domains. This situation is the result of pas! encroachment by non-IPs or outsiders into formerly intact domains of some ICCs/IPs. One can find separated and isolated areas overwhat remains of· !he original territories of some ICCs/IPs. Where ancestral domains are no longer' Intact, some IP individuals, families or clans may claim their ancestral lands whlch] may have been scattered and isolated and may be seen as outside ancestral domains. This case is usually prevalent in ICGs'IIPs' territories that are now highly urbanized.

How are the rights of IPs over lands within the Townsite Reservation of

8aguio City be protected under the IPRA? .

Section 76 ~f the JPRA declares that the City of Baguio shall remain to be gove~ned by Its Charter, and all lands proclaimed as its townsite reservation shall r~m~l~ as such until otherwise reclassified by appropriate legislation. It is likewise ~xph:ltly stal.e~ tha~ prior land rights and titles reCOgnized or acquired through any . [udiclal, ~dmlms~ratlve or other processes existing before IPRA, shall remain valid. Any terntory which after the enactment of IPRA, may become part of 8aguio City, shall not be covered by the townsite reservation.

How will confticting Interests be resolved under IPRA?

When disputes involve IPS/ICCs, customary laws and practices shall be used to resolve the dispute. All other disputes involving the rights of ICGs/IPs shall be brouqht to 1he .NCI~ by complaint. However, the parties should have exhausted all remedies ~rovld~d In the IPs' customary laws. It shall be a requirement in the filing ?f complaints With the NCIP that the same be accompanied by a certification J~sued by the Elders or Leaders who participated in the attempt to seWe the dlsp~te that th.e same ha~e not been resolved at that level. Description of the con~l~ct ~esolutlon mechanism/processes shall be attached to the elders'/Ieaders' certification.

W~at Is meant by the primacy of customary laws and practices?

Primacy of customary la~ and practices means that in cases of disputes, the customary laws and practices of the IPs must be applied first before recourse can be had through the regular courts.

Wh~t penalties may be imposed upon persons who violate the rights of

Indigenous Peoples?· .

a) Persons violating IP's rights shall be punished in accordance with customary ~aw of the IPs, provided that no such penalty shall be cruel, degrading or mhumane,. or ~hall th~ ~eath penalty or excessive fines be imposed.

b) ~ersons VIolating IPs nghts may be prosecuted according to national laws and In such case, these persons may, upon conviction be punished by Imprisonment of not less than 9 months but not more than 12 years, or fined f~r no~ tass than 100,000 or more than 500,000 pesos, or both upon the discretion of the court.

0) Persons foLlnd gullt¥ of violating IPs' rights shall be likewise be obliged to pay the ICC/IP concerned whatever damage may have been suffered by them as consequence of the unlawful act.

28

Handbook on Land Tenurial Instruments

d) If the offender is a juridical person, all officers or head of office responsi~le for their unlawful act shall be criminally Hable, in addition to the cancellation of

certificates of their registration and/or license.

e) If the offender is a public official, the penalty shall include perpetual

disqualification to hold office.

What is the foremost requirement befo_re any project may be introduced

within ancestral domains? .

The Free and Prior Informed Consent of the concerned indigenous peoples IS the

foremost requirement before any project may be introduced in any are:a covered by ancestral domains. In fact, section 59 of the IPRA expressly provides tha,t ~he ICCS/IPs shall have the rights to stop or suspend any protect that has not satisfied the consultation process attendant to securing Free and Prior Informed Consent.

What is Free and Prior Informed Consent?

Pursuant to Sec. 3 (g) Chapter II of the IPRA, FPIG shall mean the c?nsensus. of all members of the ICGsllPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interfer~~ce and coercion, and obtained after fully disclosing the intent ~nd scope of an activity, in a language and process understandable to the community.

What are the other requirements before any project maybe introduced within ancestral domains?

Other requirements are embodied in sectlon 57, 5B and 59 of IPRA.

What is meant by "turnover of jurisdiction" under Section 52 of the IPRA? "Turnover of jurisdiction" under Section 52 (I) of the I~RA simply m~ans that once NCIP has certified that an area is an ancestral domain and the Chairperson of the NCIP has notified other government agencies such fact of certification, the o~her government agencies lose any legal authority, right or _jurisdiction that they m~ght have over the area so certified as an ancestral domain, and the NCIP ~~qUlred jurisdiction over the area pursuant to and in order to implement the provIsions. of the IPRA. However, the NCIP cannot acquire jurisdiction over lands and properties within domains that are currently private-owned - l.e. those lands that have existing property rights vested over them in favour of private owners -. becau~e section 56 of the lPRA expressly disallows inclusion of such properties Wl1hm

ancestral domain.

29

lTIs Issued By NCIP

- LAND TENURIAL INSTRUMENTS ISSUED BY DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

Where Not Appl'icable

• Areas outside of agricultural alienable and disposable lands,

Benefits

The DENR is the primary agency responsible for the conserv,ation, manaqement, development, and proper use of the country s environment and natural resources. The three core fun.ct,ions oft,he ,Department are: 1) Formul'ate and implement

___ policies, gUIdelines, rules and regulations relating to

. ,environmental management, pollution prevention and control;

2.) Formulate, ~~plement and supervise the government's policies, plans and proqrarns . pertaininq to the. rnanaqsment, conservation, development, use and' • replenishment of th~ country s natural resources and ecological diversity; and

3.) PrOmulgate and I.mple~ent ~~Iesand regulations governing the exploration, d~v~jopment, extraction, dlsposltlon, and use of the forests, lands, minerals wildlife and other natural resources. .,

Serves as a proof of absolute ownership

Could be used as eollatersl for loans from the governme.nt, any of its branches, units or institutions or legall.y constituted banking corporations within five years from the issuance of the patent and thereafter could be used as collateral for arw Ioans from any government or private entities

•. The applicant acquires for free the land applied for

Every conveyance of the land acquired under the free patent provisions, when proper, shall be subject to repurchase by the applicant, his widow, or legal heirs, within a period of five years from the date of the conveyance

Land covered by the patent can be subdivided upon the consent of the Secretary oflhe DENR

A. TITLES

1. FREE PATENT

Froee Patent is a mode of acquiring a parcel of all~nable and disposable public land which is sUlt~b~e f~r agricultural purposes, through the

~dmrnls!ratl!e qonfirmation of imperfect or'

Incomplete title.

Lega.1 Basts

• comm?nWealth Act (CA) 141, Public Land Act, as amended

• ~epUbllC Act CRA) No. 9176, series of 2002, An Act Extending the Period Until .ecer:nb~r 31, 2020 for the Filing of Applications for Administrative

_ Legalization. (Free p'atent) and ~Udfcial Confirmation of Imperfect and'

Incomplete Tltles to Alienable and Disposable Lands of the Public Domain

QualIfication of Applicants

• A natura! born citizen of the Philippines

• He/she must not be the owner of more than twelve hectares of land.

• rh~r'~~d must have. been ?Ccupled ~nd cultivated for at least 30 years prior to p. '.' ,1990 by the appl.lcantor hls predecessorS-in-interest and shall have

pard the rea! estate tax thereon. . ..

Where Applicable

• Agricultural public lands classified as alienable and disposable.

30

Handbook On Land Tenurial Instruments

•

•

•

L.imitation s/Restricti on s:

• Cannot be encumbered or alienated within five years from the date of issuance of patent except in favor of the government or any of its branches, units or institutions, or legally constituted banking corporations, nor still they be liable to the satisfaction of debts prior to the expiration of the said period

• Upon the expiration of one year from the issuance of free patent, the title to the land beeornes incontrovertible and indefensible

• Pursuant to RA 6940, applicants may apply for free patents only until December 31, 2000 in the entire archipelago (unless the law on free patent is extended through a bill filed in Congress), except in the provinces of Apayao, Benguet, Ifugao, Kalinga and Mountain Province where application for free patents are still continuing.

• Patents do not include or convey title to any gold, silver, copper, iron or other metals. minerals or other substances such as gu~no,. gums, precious stones, coal or soil contained in the land

• The land covered by the patent is subject to public servitude, i.e, easement, right of way', railroad, among others

Procedures in the Issuance of Free Patent

1. Filing of application and submission of the following documents:

a) Approved plan and technical descriptions ofthe land applied (or;

b) Joint. affidavit of two disinterested persons who are residents of the municipality where the land is located in support. of the free patent appUcation;

c) Documentary evidence of ownership such as donation, inherit.ance and others

d) Appl.icatlon fee. offifty pesos (Php 50,00);

e) Fifty pesos (Php 50.00) Worth of documentary stamp to be affixed to the appli.catioA;

f) Proof of payment of real estate tax,

2. InvestigatIon

LTIs Issued By DENR

31

"

Numbering of Patents

• Transmittal to Register of Deeds

3. Posting of notice for two consecutive weeks in the provincial capitol, municipal building and barangay hall concerned

Free Patent Application Process Flow

4. Order of approval of application and issuance of patent

5. Preparation of patent and Judicial Form 54 and 54-0 and the technical description duly transcribed at the back thereof

6. Transmittal of the Free Patent to the Register of Oeeds concerned for the issuance of the corresponding Original Certtficate of Title.

. CENRO

• Filing of application with 5 copies of approved plan and verification of records with certification

• Posting of Notice and Joint Affidavit (30 days)

• Final/Confirmatory Investigation

• Final Examination! checking of documents

• Preparation of the ff:

- Technical Description (Check the correctness and its Closure)

- Preparation of Order (Approv.al. of Application and Issuance of Patent)

- Preparation of Patent in Judicial Form (Check the correctness)

Who are the au'thorized Signatories of the free patent?

The following officials are authorized to sign Free Patents (OENR AD, 15, series of 2003)

• PENRO - for Free Patent application coverlnq areas not exceeding five hectares.

• RED - for Free Patent application covering areas above five hectares but not exceeding ten hectares.

• Secrelary- for Free Patent application covering areas above ten hectares

Can a minor apply for free patent?

Yes, provided he/she is duly represented by his natural parents or legal guardian and has been occupying and cultivating the area applied for either by himself/herself or his/her predecessors-in-interest.

• Signature of the Order/Approval of Application and Final Issuance of Patent below 5 has.

• Verification IChecking of Technical Description in the Judicial Form

• Approval of Patent below 5 hectares

• Final Recommendation for approval of patents by the R~ional ExecutIve Director of 5 hectares and above

32

Handbook on Land Tenurial Instruments

LTls issued By DENR

REGIONAL OFFICE

• For Final Evaluation

• For signature of the Order of Approval of Application and Issuance of Patent by the Regional Executive Director for 5 has. and below 10 has.

• Re-evaluation by the OSEC team for applications with an area of 10 hectares and above and transmittal to OSEe for approval if all requirements are complied with, otherwise Public land Applications shall be returned to the Regional Office! PENROsl CENROs for compliance of lacking requirements

• Approval of Patent with an area of 1 0 hectares and above (after approval by the Secretary, Patents are returned to the Office of the Regional Executive Director and to LMD/PENROs for recording, numbering and transmittal to Register of Deeds (ROD) for registration

Signed Patenrs

Signed Patenrs ..

33

2. MISCELLANEOUS SALES PATENT

Miscellaneous Sates Patent (MSP) permits the sale without public auction of alienable and disposable lands of the public domain fOf residential purpose.

L~gar Basis

• Commonwealth Act 141, As Amended - Public Land Act

• Republic Act No. 730 - An Act to Permit the Sale Withowt Public Auction of Public Lands of the Republic of the Philippines for Residential Purposes to Qualified Applicants Under Certain Conditions

Q~alifications of Applicants

• A Filipino citizen of lawful age, married; if single, applicant must be the head or , bread winner of the family.

• He/she is not the owner of a home lot in the municipality/city where the lal1d , applied for is located.

• He/she must have occupied in good faith the land applied for and constructed a house thereon where helshe and family is actually residing.

Where Applicable

• Lands classified as alienable and disposable and used for residential purposes.

Where Not Applicable

• Non-residential areas or to any non-alienable and disposable lands

Benefits

• Patent serves as a proof of absolute ownership

• Can be used as collateral immediately upon issuance

• Land covered by the patent can be subdivided with the consent of the Secretary of DENR

Li I'n itat! on s/Restrictions

• The applicant can only be granted a maximum area of 1,000 square meters

• The land being applied for IS not subject to public auction and sale is directly

made to the qualified applicant

• The applicant must pay the value of the land

• Land shall be subject to easement and servitude

• The applicant shall not permit, either by contract or otherwise, any otl1er person, corporation, aeeoclatlon or partnership to have any Interest In, or rights to. the Improvements existing or that may hereafter be introduced on the land ' applied for without the prior consent of the Secretary of D~NR

34

Handbook on Land Tenuri~1 Instruments

._ The land granted shall not be used for any purposes other than tha~ for which the patent was issued, and any change in land use shall be subject to the

a'pproval of the HLURB

Non-compliance with any of the terms an.d condit!ons and/o.r ~ules and regulations governing sale of pub\i? la~ds Will result In the rescission of the sale and the cancellation of the application.

, Procedures

1. Applicant files the application at the CENRO with the following requirements:

a) Flling fee of Php 50.00 .

b) Approved plan and technical description of the land applied for

c) Affidavit of the applicant stating that: ." . .

o He/she is not the owner of any other home lot In the mUnlcipahty!clty

where helshe resides

o He/she is requesting that the land be sold to himlher under the

provision of RA 730 .

o If the applicant Is single, he/she is the head or bread Winner of the

family .

o The land is not needed for public use

2. Investigation and appraisal of the land applied for

3. Survey of the land if not yet surveyed

4. Report whether the applicant possesses the qualification for direct sale

5. Comment and recommendation of the District/City Engineer with concurrence of the Regional Director of DPWH

6. Recommendation to the PENRO for approval of appraisal and request for authority to sell without public auction

7. Approval of appraisal and grant authority to sell by the PENRO

8. posting of notice of sale without public b'auctdion f(obr) 3MO c~n.speaCI ubtiuvi7d~na9YSb~~I~~~

following places: (a) CENRO bulletin oar; un!cl

board; (c) on the land itself; and (d) Barangay hall bulletin

9. Submission of the proofs of posting and payment of at least 10 percent of the

appraised value of land

10. Order of Award

11. Proof of full payment of the purchase price ofthe land

12. Order of issuance of MSP in the Judicial form No. 167 with technical description duly transcribed at the back thereof

13. Approval and slqnature of MSP by the official concerned

14. Transmittal of' the MSP to the Register of Deeds for the issuance of corresponding Original Certificate of Title to the applicant.

LTIs Issued By DENR

35

PRELIMINARY PENRO/RO

-Filing of application at CENRO/RQ (LMS)

- Filing Fee

_- Sketch Plan

- Certification of nonproperty from Assessor's Office

- Barangay Certification

- ID picture

- Pictures of

improvements

- Certificate of Allocation

- Voters IDfregistration

- Cedula

-Investigation/Inspection!

Examination -Clearance from the Committee

CENRO

.Preliminary Investigation and appraisal

-Notice of Posting at CENRO, City Hall and Barangay concerned for 30 days

'for TSA - publication for 6 consecutive weeks then conduct public auction (2 national newspapers & 2 focal papers)

.Payment of at least 10% of the

appraised value

-Final Investigation

-Final checkihg! examination

-Preparation! verification of

Technical Description

-Preparation of Order of A~ard or Award and Issuance of Patent for approval of the PENRO

-Typing of Technical Description in t-he Judicial Form for approval of the PENRO

For Approved Patent:

-Recording, numbering and transmittal of approved patent to R.O.D.

-Approval patent

ls t~ereany restriction a9_aiilst encumbrance after the Issuance of the patent?

p. residential Decree No 2004 dated 0 b

1985 _. . eeem er 30

. amen,ded Section 2 of Republic Act 730 thus:

~ands acquired under this Act before and after the Issu~n~e of patent thereon are no longer subject to any restrtcnon.

-FREQUENTLY ASKED QUESTIONS

~:o~~NaRutohorized t~ sign th~ Miscellaneous Sales Patent?

e is authorized to 51.gn the MSP H

pursuant to DENR AdmInistrative Orde N· owsver, under $peclal oases

Executive Director concerned shall Si9~ th~' g:t~~~.rles of 1990, the Regi.onal

36

Handbog.k en Lena Tenurial Instruments

The provisions for Townsite Sales Application (TSA) are similar with Miscellaneous Sales Application except in the conduct of bidding or public auction of the land applied for, which is a requirement for TSA.

Legal Basis

_ CA 141 - Public Land Act. as Amended

• Republic Act No. 730 - An Act to Penn it the Sale Without Public Auction of

Public Lands of the Republic of the Philippines for ReSidential Purposes to

Qualified Applicants Under Certain Conditions

• DMC 2007-11 _ Revised Rules of Procedure and Guidelines for the Disposition of Alienable and Disposable Public Lands Within the BagLiio Townsite

Reservation

Documentary Requirements

_ One copy of survey plan with complete survey returns ready for approval, duly

certified by a Geodetic Engineer. The survey plan must show the technical description of the land applied for and should include a vicinity map.

_ Photocopy of any recognized identification card (SSS, GSIS, Driver's 10, PRC

10 Voter's 10, Senior Citizen's 10, postal 10)

• Two pieces recent 2 x 2 ID pictures of the applicant

• Certified True Copies of Voter's IDNoter's Affidavit, Birth Certificate and

Marriage Certificate. when a_pplicable

_ Certificate of LandholdingsfOwnership from the City Assessor's Office

_ Two pieces of actual pictures of the area to be applied for certified under oath

by the applicant at the back portion thereof.

37

LTls Issued By DEfVR

4. SPECIAL PATENT :

A Special Patent grants, cedes and conveys to a qualified applicant full ownership of alienable and disposable rands of the government upon promulgation of a special law or act of Congress or proclamation by the President of the Repubitc of the Philippines authorizing the Secretary of DENR to issue such patent.

Legal Basis

• CA 141 - Public Land Act, as amended (Section 83; Section 107, Chapter XIV)

• Executive Order 292 - Civil Service Commission code

• Administrative Code of the Philippines of 1'987

Qualification of Applicant

• Any Filipino citizen of legal age

• Any government corporation, province, municipality or other branches! subdivision of the government.

Documentary ReqUirements in the Filing of Special Patent Application Pursuant to OENR Me No. 97-20

• FOrmal/official request for the issuance of Special Patent

• Approved plan and technical descriptions of the land being applied for

• Copy of the Executive Order, Presidential Proclamation or special law authorizing the issuance of a Special Patent

• Comments and recommendations of the RED/RTD concerned.

• Concurrence of district/city/municipalengineer, Regional Director of DPWH and corresponding Secretary

• Concurrence of city/municipa!lprovincial Health Officer, Regional DOH Director and up to baH Secretary

• In case of school sites, concurrence of the district/division superintendent, DepEd Regional Director and corresponding Secretary

• Pictures of improvements

Procedures in the Processing of Special Patent

1. Filing of application at the CENRO within whose jurisdittion the land being

applied for is located

2. Investigation with favorable recommendation

3. Review and assessment of documents

4. Preparation of Completed Staff Work

5. Transmittal of the prepared draft of special patent to the DENR Secretary for his/her approval and Signature

6. Return of the approved Special Patent to the Land Management Bureau for numberIng by the Records Management Officer

7. Transrnittal of the Special Patent 10 the Register of Deeds for registration and Issuance of Original Certificate of Title, copy furnish the patentee.

38

Handbook On Land Tenurial Instruments

Prepara· tion of Inspection Report.

•

For Numbering of Patent then back 10 the R"9ionel Office,

· •

(For Spef;iai •

Patent) :

." .. _ ....

· •

· •

•

•

co ncurtence.

5) EvaluaUon of pertinent pepersr.n"",stigalion report.

e) Acts on request fo r survey aut hority lor those wlout approved survey.

a) Investigation

b) Preparation of survey authority

7) Resealch and verify technical

description/pian.

8) Preparation of lot description,

9) Preparation of _draft proclamation, (For

10) Preparation of CSW pursue.nt to MC No, Special

28. s,'93. P lent'

~=::::::=======:='~=~=1 a,. For registration of

Transmittal o!the Special Patent • • • • • ~ (For Special Parent) the Special Patent.

to the ROD. - • •••• • • • • • • • • • • • .,..

~~====~~==~ ~~~~

II. ACTS ON ~EQUESTS PERTAINING TO EXISTlNG RESERVATIONS!

PROCLAMATIONS

1) Receiws corn m u ni caf oTIS,

2) Research status 6f reservation.

3) Reseerch, plotting and projecting.

4) Investlgaitoi"l by ROICENRO.

5) Preparation o~ report with recommendation.

6) Send notices 10 partles concer~ed incase of presence of claims and conflict wNn the reseMllion concerned,

7) Conduct of dialogue among the pertles concerned,

8) Preparation of recnrromendl!t1on based on tha ,",8 ult ofthe di stag ue a ndacular inspec~cn.

Q) Preparation of letter Informing parties cor\<;erned of the result of the findings.

• •

NOTE: For Special. Patents, same requirements and procedure,~ IfP 10. Central Office,

39

LTls Issued By OENR

Who can reclassify lands?

Lands can be reclassified only through Presidential Proclamation Or Act of Congress as provided in SectiOn 8 and 83 of CA 141, as amended.

Sec. 8 provides: Only those lands shall be declared open to disoositior. or concession which have been officiafly delimited and

. classified and, when practicable, surveyed, and which have not been reserve(i for publiC or quasipubfic uses, nor appropriated by the Government. nor in any manner become private property, nor those on which a private right authorized and recognized by this Act or any other valid law may be claimed, or which, having been reserved Or appropriated, have ceased to be so. However, the President may, for reasons of public interest, declare lands of the public domain open to aisposition before the same have had their boundaries established or been surveyed, or may, for the same reason, suspend their concession or disposition until they are again declared open to concession or disposition by proclamation duly published or by Act of the Congress.

Sec. 83 provides: Upon the recommendation of the Secretary of Agriculture and Natural Resources, the President may designate by proclamation any tract or treats of fand of the public domain as reservations for the use of the Republic of the Philippines or of any of its branches, or of the inhabitants thereof, in accordance with relations described for this purpose, or for quasi-public uses or purposes when the public interest require» it, including reservations for highways, rights of way for railroads, hydraulic power sites, irrigation systems, communal pastures or /eguas communa/es, public parks, public quarries, public fishponds, workingmen's village and other improvements for the public benefit.

B. AGREEMENTS

1. COMMUNITY-BASED FOREST MANAGEMENT AGREEMENl

Community-Based Forest Management Agreement (CBFMA) is a production sharing agreement entered tnto by and between a oommunity and the government through the DENR. The Agreement grants the holder the right to develop, utilize, manage and conserve a specific portion of the forestland, consistent with the principles of sustainable development and pursuant to the Community Resource Management Framework {CRMF} as provided under EO 236 and DAO 96-29.

Legal Basis

• E.D. 263 dated July 29, 1995 - Adopting Community-Baaed Forest Management (CBFM) as the NatIonal Strategy to Ensure the Sustainable Development of the Country's Forestlands Resources and Providing Mechanisms for its Implementation.

Handbook on Land Tenurial Instruments

• DAO 96-29 dated Oct. 10, 1996 - t RR of EO 263

• DAO 99-29 dated July 22, 1999 - Amendments of DAO 96-29

• DAO 2003-11 dated May 10, 2003 - Repealing DENR DAO 9g-2~

• DAD 2004-29 dated Aug. 25,2004 - Revised IRR of EO 263

Qualification of Applicant ,. .

• Local communities represented by a Peoples orga~l.z~tlon. ~PO) who are interested in the program and whose members are all FIlipinO cittzens who may

either be:

a) actually tilling portions of the area to be awarded; . .

b) traditionally utilizing the resource for al1 or substantial portion of their

livelihood; or

c) actually residing within or adjacent to the area to be awarded

Where Applicable .

• portions of NIPAS areas designated as bufferlmultlple use zones

• Forestlands which have been assigned by law under administration and control of other concerned government agency

• NCIP-certified ancestral lands and domains where the concerned ICCslIPs opt

to participate in CBFM ..

• Forest lands or areas adjacent thereto where communities .ar~ r~sldln9 and who are largely dependent on forest land resources for their livelihood

• Areas adjacent to or adjoining the existing CBFM projects

• Areas covered by existing prior rights where the lessee/permittee or agreement holder executes a waiver in favor of the PO applYing for CBFMA. Upon termination of any pre-existing permit for non-timb~r forest pr?ducts however, the permit shall not be renewed and any new permit shall be given the CBFMA

holder.

Where Not Applicable

• Alienable and disposable lands .

• Areas covered by Timber License Agreements (TLAs), Forest Land Grazing Management Agreements (FLGMAs), Industrial Forest Mana~ement Agreements (IFMAs) and other forestland contracts, leases,. permits and agreements unless the permittee or agreeme~t hol?e,r executes In favor of the CBFMA. When any pre-existing rights expire withtn three years from the

issuance of a CBFMA, no waiver shall be required

• Protected areas except in designated buffer/multiple use zone.

• Forest land that has been assigned under the administration and control of government agencies (military/civil reservations)

• Areas within ancestral land/domain, except where the ICCs/lPs. opt to participate In the CBFMP

• Other areas occupied by ICCS/IPs that are known to be .ancestral but not yet covered by CADC/CAlC, unless the ICOslIPs opt to partlclpate In CBFMP

• Controversial areas, e.g., with political boundary oonflicts/disputes

• Private lands or titled properties

ins Issued By DENR

41

Benefits

• To occupy, develop, protect, manage and utilize the forest lands and its resources within a designated CBFMarea and claim ownership of introduced improvements

• When appmpria1e, allocate to members and regulate rights to use and sustainably manage forestlands resources with'in the CBFM area

• T6 be'exempted from paying land rental for use of the CBFM area

• To be properly informed of and be consulted on all government projects to be implemented .inthe area. A PO's consent shall be secured by the DENR prior to the granting and/or renewal of contracts, leases and permits for the extraction and utilization of natural resouroes within the area to a third party. Such third party shall execute an equitable sharingagreemen1 with the PO prior 10 any

grant or renewal of such contracts, leases and permits, .

• To be given preferential access by the DE:NR to all available assistance in the development and implementation of the CRMF and 5-year Work Plan of !he PO

• To enter into agreements or contracts with private or government entities for the development of the whole or portions of the CBFM area, andlor economic activities therein.

Limifatlotrs

• The DEN~ shalJgive first priority to the PO the privilege to extract, utilize and dispose any fares! resource and minor forest products within the CBFMA area. subject to existing Jaws, rules and regulations,

• The CBFMA may be terminated based on the non~performance of the PO or violation of any provisions of the Agreement.

Procedures

1. A PO. duly regIstered, may apply for a CBFMA by fil.ing an application to the concerned CENRO. The PO shall submit thefo!lowing minimum requirements:

a) Certificate of Registration of the PO, In the case of ICC/IP applicants, they shall be exempted from presenting this requirement

0) List of officers or, in case of ICCs, members of the Council of Elders;

c) List of members and their respective addresses including names of both spouses in each household;

d) Resolution from the members authorizing the officers of the PO to file the apprlcatlon. ICCs that opt to avail of CBFMA shall show proof of consent through their Council of Elders or equivalent body; and

e) Individual or joint endorsement of the concerned Legislative Councils of tne Barangay, MuniCipal, and Provincial LGUs, depending on the jurisdiction and coverage of the area.

2, Within 15 days upon receipt 01 fhe application, the CENRO shall check the required supponing papers, prepare the corresponding map of the area at 1:50,000 scale, and endorse the same to the RED Ihroughtl1e PENRO.

3, A Review Committee composed of representatives Of theRTD-Forestry, CENRO, P.ENRO, barangay, municipal and provincial councils and PAMB if the site is within a protected area, shaH. Within 15 days, convene and discuss

with the PO the terms and conditions to be tncluded in the CBFMA. .

4, The review committee recommends approval to the concerned a.pprovJng authority.

5. Approving authority releases approved CBFMA.

42

Handbook Of! Land Tenurial Instruments

,...",' ....... mbmlts application to Municipal office or lowing requirements:

"'''''.''''.:.!',,'''' of Registration of People's Org~nlz.atlon

. cers and members of the orqarilzatlon .

from the members of the organization a

:'_Wi~.1i~'''''''' submIt application . "

I. or jOint endorsement between legislative. within 15 days)

How much ts the cost of application for CBFMA?

• No cost of application on the part of PO exc;:Pt for the admlnlstratlve expenses In the eornpletlon of- application documents. .'

, Fe~ of Php 1,5QO per hectare for Survey and GIS-mapping of area to be oondueted by and payable to the DENR.

ENTLY

430

Who approves the CBFMA application?

• . PENRO for CBFMA areas up to 6,000 hectares

• RED for CBFMA areas more than 6,000 up to 16,000 hectares

• USEe for Field Operations for CBFMA areas more than 16,000 to 30,000 hectares

• Secretary for CBFMA areas of more than 30,000 hectares

2. FOREST LAND GRAZING MANAGEMENT AGREEMENT .

Forest Land Grazing Management Agreement (FLGMA) is a production sharing agreement that permits a qualified person, association and/or corporation to develop, manage and utilize grazing lands.

Legal Basis

• DAD. ~o. 1~99-36 as. amended - Revised Rule.s and Regulation Governing the Administration, Management, Development and Disposition of Forest Lands Used for Grazing Purposes.

• Department Administrati~e Order (DAD) 2000-23 (amended some provisions of DAD 99-36) - Amending Certain Sections of DAO 99-36 entitled "Revised Rules and Regu~ation.s. Governing the Administration, Management, Development and Disposition of Forest Lands Used for Grazing Purposes."

• M~morandum C.rrcular ~~C) ~9-2? which sets the implementing guidelines of DAO 99-36. Said adrnlnlstrative ISSuances amended Ministry Administrative Order (MAO) No. 50, Series of 1982. - Prescribing New Gliidelines and Procedural Manual in the Implementation of DAO 99-36.

, Qualifications of Applicant

• Citizens of the Philippines who are of legal age at the time of the filing of the application;

• ASSOCiation, cO,rporations, partnerships and such other juridical persons as may be recognized and registered in accordance with the laws of the Philippines, at least sixty percent (60%) of the capital of which is owned, controlled and managed by citizens of the Philippines; and

• Financially and technical.ly capable.

Where Applicable

• Forest lands sub-classlfled as grazing lands that meets all the followinq

conditions:

Not more than 50 hectares Slope at feast 75%

Vegetation dominantly grasses

Forage production capability at least 500 kilograms a day

Area must be free from private claims, forest occupancy and other tenurial instruments.

44

Handbook on Land Tenurial Instruments

• Forest lands which cannot be sub-classified as grazing lands under the first category but are presently devoted 10 grazing under a pasture lease agreement or permit, may continuously be used as such. In this case, an FLGMA shall be ex.ecuted in favor of the existing holder.

• Expired or oancelled TLA areas which are suitable for grazing.

Where Not Applicable

• Areas covered by TLA and other contract agreements except when the lessee

waives his/her rights. .

• Protected areas except multiple use zones and buffer zones.

• Forestlands assigned by law under administrative control of other government agencies, except upon consent of the latter

• Certified ancestral lands/domains except when IPs opt for FLGMA

• Other areas occupied by ICCslIPs that are known to be ancestral but not yet covered by CADCs/CALCs except when they opt for FLGMA

Benefits

• The agreement holders have the rights and privileges to use the designated land for grazing purposes.

• The agreement holders can avail of technical support from the DENR.

Limitations/Restrictions

• The agreement/contract has duration of 25 years, renewable for another 25 years.

~equlrements for FLGMA Application

1. Application form duly accomplished

2. If applicant is a government employee, a copy of written permission from the Secretary or Head of Agency concerned

3. If applicant is a partnership, three copies of its articles of partnership certified by the SEC

4. If applicant is a corporation, at least 60 percent of the capital of which is owned, controlled and managed by citizens of the Philippines. In addition, three copleseach of the following are required:

o Articles of incorporation and By-laws

o Minutes of the latest organizational meeting of its stockholders electing the present members of the Board of Directors;

o Minutes of the latest organizational meeting of the Board of Directors, electing the present officers of the corporation, certified by the

Corporate Secretary .

o Minutes of the Board of Directors meeting Indicating authortty of the office to file application in behalf of the corporation.

HIs Issued By DENR

45

5. If the applicant uses a name, style or trade name other than its true name, it shall submit three copies of the Certificate of Registration of such name, style or trade name with the Bureau of Domestic Trade certified by 'the authorized officer of the Bureau

6. Appl icati on fee of Php 10.00 for every hectare or fraction thereof

7. Oath fee of Php P30.00 if oath is administered by Forest Officers

8. Resolution from the Sarangay Councilor Sangguniang Sayan stating among others that the area is available for grazing purposes, free from squatting and conflicting claims and no objection from the adjacent community.

9. Initial environmental examination (lEE) and Environmental Impact System (EIS) and payment of the ECC fee of Php 4,000.00.

10. Proof of financial capability either in the form of credit lines or cattle ownership of one cattle for every five hectares as certified by Municipal Treasurer concerned.

11. Seven (7) blue print copies of the sketch map in appropriate scale of the area covered by the proposed FLGMA.

Procedures

1. Preliminary Evaluation. This evaluation shall detennine:

a) Whether or not the area covered by the application or any portion thereof is covered by an existin'g license agreement, license or permit;

b) The present status or classification of the aforesaid area, or any portion thereof, particularly on Whether it is within the prohibited areas;

c) The actual conditions of the area as shown and verified from available field reports or aerial photos.

2. Acti6n after Preliminary Evaluation. If the whole area covered by the application is vacant, available and suitable for graztng activity. the application shall be given due course; otherwise it shall be rejected outright. If only a portion of the area covered by the application is available, vacant, and suitable for grazing purposes, the applicant shall be so notified and given a period of 15 days from notice to amend his application so as to cover only the available, vacant and suitable area.

3. Actibn and Application Given Due Course. An application given due course shall undergo evaluation to determine whether the applicant has the financial and technical capability, not df'lly to maximize benefits out of the proposed utilization, development or Other activities but more importantly. to undertake the required management;' protection, conservation, and development activities. If there are other applications affecting the same area or any portion thereof, the best proposal shall further be determined in the evaluation. An application given due course shall not give the applloant the right to utll!ZEl, develop or conduct any activities proposed therein In or any portton of the area until the said application shall have been finally approved by the proper authority.

46

Handbook on Land Tenurle! Instruments

Process Flow of FlGMA Application and Processing (per DAD 99-36 and DAD 04-35)

'" .'.

Files for FLGMA at CENRO

..

1. Receiving clerk checks the completeness of submitted requirements. , Perfect application shall be stamped received and recor~ed in ~he logbook, while incomplete application shall be retur~ed Imm~dl~tely informing the applicant of lacking requirements. Mailed application shall be returned within five (5) working days.

2. Perfected application shall be reviewed{evaluated not to exceed 15 days by the RMO. Applicant shall be informed of the result.

3. The qualified applicant shall be required. to pay survey and .

assessment tee equivalent to the travelinq a,lIowance and per diems of the team to conduct survey assessment. The team is headed by I the Regional Range Management Officer with representatives from

l the CENRO, PENRO, LGU and FMB as the case maybe.

4, Th,e t,eam conducts survey and assessment and SU,bmlts report to RED within 15 days after the completion of field work.

No

1. The RED instructs the en banc evaluation group (headed by RTDF, representatives from CENRO,1'ENRO, EMB an~ FMB) to evaluate application and decide, if application found 111 order, the group officially endorses application to RED.

2. RED refers the processed application to the NCIP for issuances of Certtncatjon Precondition and/or FPlC and to EMB for issuance of ECC.

L;;3,;,,' ...,;,R;;;;E;,;;;D..,e~n,;d;;;;o ... rs""e=s""a.;.p~p~lic=a~ti_o ... n ... C"",le ... a .. re_d",,,_bY .......... ,~w ... c_!~!:.!.!.~;::.::a:y

LTIs Issued By DENR

47

I I

. What are the mandated fees and obllgation of agreeri'l.ent holder after Issuance of FLGMA?

1. Annual users fee of Php 40.00 per hectare. The payment sha1l be remitted on the first month of the succeeding year.

2. Submission of 25-year Grazing Management Plan, five-year Operational Plan within six (6) months after approval, and Annual Grazing Report

3. ~ayment of Bond Deposit (Php 500.00/ha), 50 percent in cash and 50 percent In t~e fo~ of surety bond to be posted In a reputable bonding company for a period of five (5) years renewable as a guarantee for faithful compliance to the terms and conditions of the agreement.

How much is the cost applicatlon for FLGMA? Appllcation fee is Php 10 per hectare.

What are the grounds of cancellation of FLGMA?

FLG~A s~all be cancelled/terminated on any of the following grounds:

a. Violation of ahy of the provisions specified in the agreement;

b. Nb.n-complianc~ of the approved management and operational plans;

c. Failure to suomtt the annual mandatory grazing report; and tt. Failure to pay the mandatory users' fee

How~ver, in the event of cancellation of the Agreement for any of the abovementioned reasons, the lessee may ask for reconsideration within 15 days from receipt of notice of cancellation. Failure to file Motion for Reconsideration within said 15 days will make the cancellation final and executory.

In the event of canoellation, all bonds deposited shall be forfeited in favor of the DENR, together with all the improvements infroduced/constructed therein.

Shoul.d .there De any misrepresentation or fraud committed by the lessee during theeff~ctlvl~Y?f the Agreement. the lessee expressly ackaowtedges the right of DENR to file criminal charges under pertinent provisions of the Revised Penal Code.

3. INDUSTRIAL FOREST MANAGEMENT AGREEMENT "

Industrial Forest Management Agreement (IFMA) is a production sharing contract that grants to the qualified applicant the exclusive right to develop. manage, protect and utilize a specified area of forestland and forest res?urces therein for a period of 25 years and may be renewed for another 25-year period, Consistent with the principle of sustainable development and In accordanpe wIth an approved Comprehensive Development and Management Plan (CDMP) and under which both parties share in its produce.

48

Handbook on Land Tenurial lnstrum en rs

Legal Basis

• DENR Administrative Order No. 99-53, series of 1999 - Regulations Governing the Integrated Forest Management Program (IFMP)

• Executive Order No. 725 - Facilitating the Establishment of Industrial Tree Plantation

• Department Memorandum Circular (DMC) No. 24, series of 1994 - Implementing Guidelines for the Conversion of Timber License Agreement (TLA) to Industrial Forest Management Agreement

Qualifications of Applicant

• Filipino citizens of legal age.

• Corporations. partnerships. associations or cooperatives registered under Philippine laws, at least 60 percent of the capital of which is owned or

controlled by Filipino citizens. ,,",,,<.,., _,,~ __ "==..,,"",, '_","~ .

I

Where Applicable

• Open and denuded lands, brush lands, degraded residual natural forests;

• Areas covered by cancelled/expired FLGAs or pasture permits or leases;

• Government reforestation projects or portions thereof found to be more suitable or can be better developed as Industrial Forest Plantation (IFP) considering public interest and benefits to surrounding communities;

• Productiqn residual natural forest that may be best included as part of the rnanaqed forest under the JFMA;

• Areas under cancelled and expired TLAs. Areas under existing TLAs may also be allowed for conversion to IFMA by the holder pursuant to Sections 6, 9 and 12 of the DAO No. 1999-53. An automatic conversion of TLA into IFMA shall be allowed after proper evaluation, provided that the TLA holder have signified such intention prior to the expiry of the TLA and that the holder has shown satisfactory performance and compliance to the terms and conditions of the TLA and pertinent rules and regulations.

Where Not Applicable

• Areas or lands of the public domain est-ablished under the NIPAS within the classification of national parks as provided for In the Constitution and/or those proclaimed, de:signed or set aside pursuant to a law, preslderttlal decree, prestdentlal proelamatlon or executive order as well as those that the DENR Secretary shall propose for inclusion in the Initial component of the NIPAS when such areas fall within the buffer zones

If the applicant is a current or former TLA holder and/or any other permit, lease or license covering the utilization of forest land or resources, or is affiliated, connected or related directly or indirectly with any holder of such TLA, permit, lease or license, the applicant shall provide, in the prescribed format of these Regulations, proof of satisfactory performance of the obligations assumed by entering into these agreements.

LTIs Issued By DENR

Timber License Agreement refers to a privilege granted by the State to a person to utilize

forest resources within a forestland with the right of possesslon and occupation thereof, to the exclusion of others,

except the Government, but with the corresponding obligation to develop, protect and rehabilitate the same In accordance with the terms and conditions set forth in

the said agreement.

49

! I

Benefits

The IFMA holder shall be entitled to the following incentives:

• Benefits derived from the interplant of secondary crops between trees within areas designated for IF?:

• All planted trees and other crops established pursuant to an IFMA belong to the IFMA holder who shall have the right to harvest, sell and utilize such trees and cro~s in whate~e~ marketable formes) and in whatever legal mannerts):

• Allow without restriction the IFMA holder to export logs, lumber and other f6rest products derived from the IFMA Area, except logs harvested or obtained from naturally growing trees (not planted) in the same area and the lumber manufactured from such logs; .

• All plantation products derived from an IFMA Area shall be exempted from forest charges: This exception, however, does not cover logs derived from naturally growing trees and/or other naturally growing forest products in an IFMA Ar~a as .we~1 as logs from trees planted in compliance with TLA refore~tatlon obligations. Such products shall still be subject to forest charges prescrrbed by law.

• Entitlement to all relevant incentives provided for under the Om nib Inv2stment Code and to all applicable incentives enumerated under Section ~~ of t"D 705, as amended'

• Transfer. of developed plantatio~s that are at least three years old to a cooperatlv~ upo.n f~1r compensation or payment by the cooperative itself or through a financing Institution or to open up public investment·

• Use of stable plantation crops that are at least three years old as collateral or ~ec~rlty for loans offered by government development banks financial

institutions, or government Owned and controlled corporations' '

• An I~MA holder who has satisfactorily complied with the ter~s and conditions of thl~ IFMA base? on performance evaluation by the DENR may be allowed either: a) ~n additional area to the existing IFMA Area, provided that the re~ultJngaggregate size of the IFMA Area shall not exceed 40,000 hectares or, b) a new Or another IFMA the maximum area of which shall not exceed 40,000 hectares.

Limitations

• The ter~s an~ conditions of any IFMA entered into prior to the DAO No 1999- 53 rel'na~n valid unless mo~ifications are agreed to by the DENR and th~ IFMA HOI~e~ In accordance With the provisions of DAO No. 1999-53, without preJudl~e to whatever action that the DENR may take after a performance evaluation has been undertaken in the area.

Requirements for Application

Applicants .shall submit through. the CENRO concerned,the following documents together ~Ith the duly aocompltshed application form and the sketch map of th~ area applied for:

1. Ce~ified copy of CertIficate of Registration issued by the SEC andlor CDA or Articles of Incorporation and By-Laws and. list of the current officers and

stockl1olders ot.Jly certified by the Board Secretary.' .

2, Audited flna~~ial .statements for the last two pre~eding years, if the applicant was already In exlstence:

50

Handbook on Land Tenurial Instruments

3. Proof of financial and technical capability to undertake initial activities in forest plantation establishment and development such as credit lines from financial institutions, collaterable properties, or good past performance or track records in forest development and management as Holder of TLA, IFMA or other

DENR tenurial instruments;

. 4. Application fee in the amount of Php 0.50 per hectare or fraction thereof and survey fee of Php 50.00 per hectare plus the actual transport cost of the survey team from the official station to the site in consonance;

5. Board resolution authorizing any of the officers to file the application in behalf of the corporation, cooperative and/or partnership, duly certified by the Board

Secretary.

Procedures in Processing of Applications

1. At the GENRO - Except in the case of conversion of TLA into IFMA, the CENRO concerned shall accept and process the IFMA application on a firstcome-First-serve basis. This shall take into consideration the qualifications of the applicant, the completeness of the documents submitted, and if the area applied for is included in the approved IFMA site and still available for application per the Registry. Thereafter, the area applied for shall be inspected on the ground. The IFMA will be prepared within 10 working days after the completion of the field inspection. The CENRO shall then endorse the application documents to the PENRO with recommendation for approval; otherwise, same shall be returned to the applicant concerned with the

comments of the CENRO.

2. At the PENRO ~ Upon receipt of the application documents, the PENRO concerned sh:;III, within five working days from receipt, evaluate/review the same. If all are found in order, the PENRO shall endorse the application documents to the RED concerned with his recommendations for approval; otherwise, same shall be returned with his comments to the CENRO concerned for further action.

3. At the RENRO - the RED concerned shall evaluate/review the application documents within five working days from the receipt thereof. If all are found in order, the RED shall forward the IFMA, together with all application documents and his recommendation for approval, to the Secretary through the FMB Director; otherwise, the RED shall return the same together with his comments to the GENRO concerned, through the PENRO, for further action.

4. At the FMB - The FMB Director shall evaluate and review the IFMA and all application documents within five working days from receipt thereof, If all are found In order, the Director shall recommend to the Secretary the approval of the IFMA; otherwise, the Director same shall refurn the same with his

comments to the concerned RED, copy-furnished the Secretary. .

5. At the OSEe - the Secretary may approve or disapprove the IFMA after which the notice of approval shall be sent to the applicant, copy-furnished the FMB. RENRO, PEN~O, CENRO and the LGUs concerned.

~TIs,Issued By DENR

51

.; f

Process Flow in the Approval of IFMA Application (DAO No. 99-53) >,

I •• • • I

I I I I

Submit the folJowingtequlrements togeth-er with the duly accomplished appltcatlohforrn and sketch map of the area

applied for: ,_ -

• certified~opy of Cerfificateof Registration from SEC/CDA or Articles of, Incorporation and' By-laws and list of current officers and stockh?ld'ers' duly, certified by the Board of

Secretary; " - ..

• Audited financial statements for' the last 2 proceeding years;

• :ro?f of fln.a~clal and technical capability to undertake ~nitlal activities such as credit lines from financial institutions, coltateral properties, or good past perform~nce ot:.track records in, forest development;

• Application fee In !he a~ount of Php 0.50 per hectare or fraction thereof and survey fee of P50.00/ha. Plus the actual transport cost of survey team;

• Board resolution authorlztnq any of the officers. to file the application in behaff of the corporation, cooperative and/or pa_rtnershlp, duly certified by the Board Secretary.

, SECRETARY

.

- Evaluate/review documents

- Recommend for approval

(5 davs)

- Endorse to FMB v-',

- Approves application and furnish copy:~

FMB, RED, PENRO, CENRO, LGU .' ,

Send Notice of ADnroval --_ .... -_

-

- -

- --

-

How much is the cost of application for IFMA?

•

Application fee is Php 0.50 per hectare or a fraction hereof;

Survey fee is Php 50.00/ha plus actual transport cost of the survey team

•

- -

::~.~~~i;~:V~:~~:;aken against IFMA holders that committed viplations of

In the event of any alleged violati.on committed b Ih .

the provisions of the IFMA the RED y e IFMA holder against any of

Investigation into the viol~tlon in- con~erned o.r the Se:c~etary shall initiate an

~~~j:d~~9 s~~~:~sf6~v~r :r ~~~f~~~aa~foo~, ~~c; e~~t=r r::~~r~b~~ti~:r~~n~i~~c~n~;

ections/activfties that shall ~e undert~J:~ bno~,~e r~~~spensmn shall indicate the the lifting of tne suspension in~ludj aye. holder in oreter to faCilitate shall result to the cancellation of then~F~A ElfOn'~On that non-oompllance thereto the tFMA Is being financed by loan funds· or ~fny eyeJopment actlv.ity. pursuant to

I any Improvement WIthIn the IFMA

52

Hilf/dbnok on Land Tenurial Instruments

Area is encumbered by a third party, the DENR shall notify the banK or the other party involved about any of the preceding notices. The IFMA Holder shall within 30 days from receipt of any of such notices, 'file an answer, a motion for reconsideration, or an appeal. as the case may be, with the Office of the Secretary.

What are the grounds for cancellation of IFMA? The IFMA will be cancelled for any of the reasons:

1. The IFMA was obtained through fraud, misrepresentation 0[- omission of

material facts existing at the time of the f!Hng of the application; .:

2. Failure of an IFMA Holder to settle any forestry account, such as forest charges, when they become due and upon prior notice to the IFMA Holder.

3. Violation of any of the terms and conditions of, or failure to comply with, or perform the obligations imposed in, the IFMA and of other pertinent laws or

policies affecting the exercise of the IFMA;

4. Failure to submit a CDMP and lEE within one year from the date the IFMA is

entered into;

5. FaillJfe to submit aerial photographs or satellite imageries for the IFMA area

when required and every five years thereafter;

6. Failure to carry out a resource inventory for areas containing any natural forest, in case such inventory has not been undertaken prior to the issuance of

the IFMA;

7. Failure to implement, without due and reasonable cause explained in writing,

the approved CDMP, Operations Plan (OP) and/or the conditions of lEE and

ECC;

18. Conduct of any operations in violation of the approved CDMP or Op, or

engagement in activities outside the IFMA Area without the expressed consent

or authority of the DENR Secretary.

9. Abandonment of the IFMA Area as evidence by absence of the IFMA Holder,

whether actual or constructive, for any given period of one year.

When is an Initial Environment Examination (lEE) required?

An lEE is required after the IFMA has been awarded in order to identify the environmental impacts that have to be addressed in the development of IFP.

What in the lEE checklist should be prepared? The lEE should include the following:

~. Brief description of the project and its process of operations;

2. Description of the environmental setting and receiving environment including

primary and secondary impact areas;

3. Description of the environmental and socia-economic impacts of the project;

4. Matrix of the mitigation/enhancement measures;

5. Consultation and discussion with upland communities and indigenous peoples within the IFMA area about the socia-economic, political and cultural impacts

of the project;

6. Documentation of the consultative process undertaken and agreements that

shall be followed;

7. Discussion on gender Issues with significant Impact on women, including their

role!il/participation in project Implementation; and

8. Accountability statements of the proponents and oreparers.

LTIs Issued By OENR

53

4. SOCIALIZED INDUSTRIAL FOREST MANAGEMENT

Socialized Industrial Forest Management Agreement ~SIFMA) -refers to a~ ~g.reement entered into by and

etween a natural or Jundlcal person and the DENR that grants the former the right to develop utilize and < manage a small tract of forest land consi~tent with the ' principles of sustalnable development.

Legal Basis

• DAO No. 2004-30: Revised Rules and R' .

Industrial Forest Management Program egulatlons govemlng the Socialized

Qualification of Applicant

• IMividuals/singfe famify units who F" . . .

preferably residents of the municip:l:~ I~mo citizens, ?f legal age and

occupants of the area will be given Prioriiy.W ere the area IS located. Actual

• Cooperatives, associations and rt h'

citizensahd residents of the pro~~ ner~ IpS whose m.embers are Fifipino

registered with the COA DTI or SEC caew th ere the area IS located, and duly

. .s e case may be, '

Where Applicable

• M~y cover all grasslands. brush lands d

suitable as production forest th t and open ~n~ ~e~uded forest lands

including those within governmen~ re~~~e~~ti~~ ~~j~~~~dlctlon of the DENR,

• ~reas not comprising the initial com on t f

to be classified under the NIPAS a ~en 0, or areas that are not otherwise

CADT/CAL T; . n are not covered by CADC/CALC andlor

•

Areas not covered by prior vested 'ht I'

agreements, This areas can anI n~e s, ~censes" permits or management

express and writt ,y a rna e avarlabie for SIFMA by prior

. en agreement of the Holder Of such claim or right;

Areas covered by pending ap r 't' f

sharl h' den' ,P rca Ion or SIFMA unless and until the NCIP

ave enied or rejected with 'd'

CAOC/CALC; I preju ice such application in favor of

Areas that are currently occupied bas, d ., .

application if the legal claim has been re~ol~;d.a legal claim can be open for

•

•

Benefits,

• All planted trees belong to the SIFMA h Id

harvest, sell and utilize such trees 0 er who shall have the right 10

environmental purposes; ,and crops, except those retained for

• Export of logs, lumber and oths f t

area shall be allowed by the bE~~' products harvested from the SIFMA

allocation system; In accordance with the government

54

Handbook on Land Tenurial Instruments

All plantation products derived from the SIFMA area shall be exempted from payment of forest charges;

• Participants in this program who are actual occupants shall be given priority in the event that future rules, regulations or laws shall allow a more permanent

tenurial· arrangement;

• Technical assistance will be provided for SIFMA holders who wish to confederate into a larger organization,

Limitations

• Limitations in SIFMA area: one to 20 hectares for individual/single family; over

20 to 500 hectares for association, partnership or cooperative:

Processing of Applications

t. At the CENRO _ The CENRO accepts and processes SIFMA applications on a first-come, first-serve basis based on the receipt of the applications at the CENRO, Upon receipt of the appHcation, the CENRO shall verify whether the area is available and is within the approved areas for SIFMA. likewise, the CENRO shall evaluate the qualifications of the applicant and the completeness of the documents submitted. If all are found in order, the CENRO shall determine on the ground the physical conditions of the area. the presence of actual occupants, soil condition, vegetation, topography and other ecological factors that will ensure success of the plantation, and other pertinent information, The CENRO shall then prepare the endorsement and forward all

papers to the PENRO with his comments and recommendations,

2. At the PENRO • Upon receipt of all pertinent documents for SIFMA applications with areas of one to 10 hectares, the PENRO shall review and evaluate the documents. If found in order, the PENRO shall prepare and approve the agreement in the prescribed format. For bigger areas, the PENRO shall forward the SIFMA application to the REO for consideration and approval. The SIFMA shall be approved and issued. or a notice denying the application shall be issued, within five (5) days from receipt of recommendation from the CENRO. Copies thereof shall be furnished the FMB, REO, CENRO and the

concerned LGU.

3, At the Office of the RED - The RED shall, within five days from receipt of the application and all pertinent documents, review and evaluate the documents, If found in order, the REO shall approve the agreement, otherwise, a notice denying the application shall be issued, Copies thereof shall be furnished the FMB, PENRO, CENRO and the concerned LGU,

55

lTIs Issued By Df"NR

56

PrQcess Flow In the Awarding of Socialized Iridustrial .Forest Management Agreement (SIFMA)

=r.»; ~,"" ',', "APPUCANT' .'

Submits the prescribed appllcatton form together with the following requirements:

1. Application fee of Php 1.00/ha. Or fraction thereof, which, in anv case, shall not be lower than Php 250.00

2. Location and sketch of the area applied for;

3. For individuaf/faml.ly units Community tax certificate Certified copy of birth certificate

4. For cooperatives, partnershlps,a.ssociations

Certified true copy of the Certificate of Registration (SEC/CDA)

List of duly elected officers and members and their address duly certified by the Board or Secretary indicating the intent of the cooperative/association in participating the program

5. Indicative development plan

- - _ _ '3th,l.

Accepts applications

Evaluates completeness 'of requirements

_ ;ii§.

Approves/awards winning applications

.,' En Bane GROUP

NCIP

EvaluateSi and decide on the merits of all a,pplicgtions

Issuance of Ce rtification Precondition / Free and Prior Informe(:l Consent

HandbOPKfJn Land Tenariet Instruments

Process Flow In the Processing and Approval of SIFM Area Applications

(pursuant fo DAD 30 s. 2004)

Accepts, evaluates and process applications for>5\IFMA~ ,

Requires the following,: . . ,~,~. , '. '

b. Application otPhp 1.00/ha or fractions thereo,f;:'whlch'ln i3:nY,case not be !ower than Php 250:00 (non-refundable):

c. Famify/individual ' "

- Community tax. certificate

- Certified copy of birth certificate'.

d. Cooperative/associations

CDA/SEC registration ".

list of elected officers certified by the Boardof Dlrectors.or-

Association Secretary , . '. .', '., .,' ' • I

Resolutlon!Minutes.of meeting certlrled by the, BO~D. qr..,as}19patlon.

se.cretary " ,', ,

- Joint undertaking in case of partnershjp a ',: "',.

e. Location and sketch map of'the area flPR[ied . > " ;"(.:,,' c '

f. Indlcatlve development and finatH:ial plalr - ~eryes~?scIE6

-r . I ... 1 ~ _ • •

Eva lu ates/de I iberate. on' the . in the shortest possible :t[me the, .'

2. Evaluate feasibility of the' proposed' .

3. Decide on the wi~ning appllcant.anO: t'n

How much is the applicntioh fee for SIFMA?

The application fee depends on the area applied for, as follows:

e One to five has. - Php 500.00

o Over 5 ~ 10 has. - Php 1,000,00

o Over 10 - tOO has. - Php 5,000,00

o Over 100 -3QO has. - Php 7,£00.00

o Over 300 - 500 has. - Php 10,000.00

UENTLY

LTIs Issued By DENR

57

What are the grounds for cancellation of SIFMA?

The SIFMA will be cancelled or revok d . .

1. Failure of the SIFMA holder to del on any of the following grounds:

2. The SIFMA holder has b f evde op the area within three (3) years' 3 een oun to be a dummy' '

. The holder has transferred the ri hts '

the kno~ledge and concurrence ~ the o~~~~~ area to another person without

4. Converslcn by the holder of the area or '

than that of tree farming and the pia f a7 part thereof to any land use other

5. The holder has-allowed the ent f n 109 a allowa?le crops;

of building residential houses' ry a other persons Into the area for the purpose

6. The holder cuts or allows c tf f

the SIFMA area; u 109 0 naturally grown trees within or adjacent to

7. The holder refuses any dul a th .

~overntnent official entry i~O ~heoTl~~:M~rest o~cer or duly authorized

Improvement introduced and used fo th premises or IOta any other

8. T~e SIFMA was obtained throu h !r . e purpose of SIFMA .execution;

misleading statements' 9 aud or misrepresentation or by false or

9. Conviction of the holder for the . I ., '

C~de of the Philippines and otherv:~l:~ont r :ertrnent provisions of the Labor

10. Violation by the holder of an an a or laws;

any of the pertinent provision~ ~: f~r!:~~~s and ~onditions of the SIFMA or of

11. Abandonment of the area' aws, ru es and regulations;

12. Failure to pay rentals or other required fees'

13. Voluntary surrender of the SIFMA '

14. When public interest so requires. '

5. FOREST LAND AGREEMENT .

, 0 Forest Land Agreement (FLA ).

Agreement holder t t 9. IS a contract that authorizes the

in considera . 0 emporanly occupy, manage and develop

~~bH.C .dtOm~~~~o~f s~e~~;:r~:e~~f~~:~einaie~~~~s~a~~ ~~~~

rmrns ratve Order No 2004 59 t d rt

therein for a period of 25 .' -, a une ake any authorized

mutual agreement by the agreeme~~~~d~~~~dnt~:ag~~~.r the same period upon

Legal8asis

• DENR. Administrative Order NO. 2004-59 re:

o Govermng the Special Uses of Forestlands" . "Rules and Regulations

• OENR Administra. tive Order No. 1993-18 &. 66

Schedules for Forestry Administrative Fees" re: "Prescribed Revised

Qualification of Applicants

• Filipino Citizen of legal age

• An a$$oolatlon, corporation coo tI . .

least 60% of the capital of ~IC:~~aF~~ ?r p~~nershlp or a Jurldioal person at

is financially capable, or has the capl~gT~ ~Itlzfiens, whether private or public applied for FLAg. II Y a mances, to develop the area

58

Handbook on Land Tenuriel Instruments

Where Applicable

• May cover all forest lands which are found suitable and avaiiable for FLAg and which are not otherwise classified as protected areas or are subject to vested rights, I\censesfleases, permits or other instruments. Areas covered by vested rights or with existing permits/instruments may be made suitable for FLAg upon issuance of waiver of right. If the area is covered by CADC/CALC/CADT/CAL T, the applicant is required to submit FPIC and certificate of precondition, Finally. right-of-way and other facilities of vital public importance may be allowed in the protected area subject to separate

., agreement with the respective PAMB where applicable, and to. pertinent laws,

rules and regulations.

Where Not Applicable

• Areas or lands of the public domain established under the NIPAS within the classification of national parks as provided for In the Constitution and/or those proclaimed, designed or set aside pursuant to a law, presidential decree, presidential proclamation or executive order as well as those the Secretary shall propose for inclusion in the initial component of the System when such

areas fall within the buffer zones;

• Alienable and disposable lands;

• Mineral landS;

• Certified ancestral lands/domains except when IPs opt for FLAg.

Benefits

• FLAg holders can use the FLAg area for sawmills, lumberyards or other similar establishments of beneficial purposes but which should not in any way impair the forest resources therein. The Agreement is valld for a period not exceeding twenty five years and renewable upon expiration for a similar period.

Procedures

1. Identification and delineation of special land uses for forest lands

1.1. ThE;! CENRO shall identify areas suitable and available for FLAg sites and should verify that the areas 50 identified are not covered by pending applications for, or covered by, existing forestry tenurial instrument of

agreements.

1.2. The technical description and preliminary map of the identified sites shall be forwarded to the RED. A composite team shall then be organized, made up of representatives from the RO, PENRO, CENRO and LGU concerned, to validate the suitability of the area including consultations

59

LTIs Issued By DENR

with adjo'ir1ing communities. The final output shall determine the fOllowing:

a. The metes and bounds of the FLAg area defined by the techn desCription and final map of the area

b. Endorsement by the LGU concerned

c. RED's approval of the FLAg areas

1.3. After the approval of the site by the RED, copies of site documents shall be fUrnfshed to the FMB, PENRO, CENRO and LGUs COncerned. A FLAg registry shall be maintained at the FMB and DENR Regional Office.

2.. Prequafificafidh and bidding procedure, awarding and setting of Performan~e Bond

1.1 Creation of Screening and Awards Committee. There shall be a FLAg Screening and Awards Committee to be created by the REb which shall compose of the RTD-FMS as' chairman. RTD-PAWCZMS and Regional Administrative Officer, Legal Officers and two (2) representatiVes from the Technical Forestry group, and GOA as observer.

2.2 Bidding Process

a) The FLAg Screening and Awards Committee shall undertake the

fallowing:

- Evaluation of prequalification requirements

- Action on application documents

- Receiving and opening of bids

- Evaluation and recommendation on the basis of the highest

entry fee.

b) Oecislon of Award: Based on the review report prepared under item a) above, the RED issues the Notice of Award within 10 days from receipt of the said report.

c) Preparation and Issuance of FlAg: Within 15 days after payment of entry fee, a FLAg together wifh the final area maps shall be prepared at the Regional Office and apprOVed by tile RED.

3. Compliance to EIA requirements

After approval of the FLAg, the FLAg area shall be subject to the ErA process. The proponent shall prepare the ErEllEE which will be the basis for the Issuance of ECC.

60

Handbook on Land Tenurial Instruments

~ IQi!i!itiltitl~Ht,aiMiYUtj2Mi5;iati!li~.

. of Screening and Awards <:=ommittee.,' ThE!!~e

hall be a FLAg Screening and Awards Committee t created by the RED which shall compose. of the FMS as chairman, RTD-PAWS and Regional

. ministrative Officer, Legal Officers and two (2)

. . resentatives from the Techn ica I Fore~try 9 r.oup ';:'. ~i~h the rank not lower than Divisio~ Chief or Its ;'. equivalent, and COA as repre~entat!Ve/observer.

"2: 'Bidding Process ". .' .

. q~LThe FLAg sha II have the fo lI~wl ng fu ~ctiO ns.

. Evaluation of prequalttlcatlon requtrements

Action or application docu~ents ,

Receiving and opening of bld~. . .. 'f'

Evaluation and 'recommendatlon on. the ,baSIS 0 the. highest entry fee.

Decision of Award .' . . h

The Regional EXecutiVe Director,. based on t e,

.. within 10 days from receipt of the report,

review .. ' h II ·b· . ued

issues the Notice of Award sa· . e ISS' ;

·3.Preparation and lssuance of FLAg . " . '.,

. Within 1.5 days after payment of entry fee., a, F~g

'. together with the final map areas, shall-be • b prepared at the Regional Office and approved Y

the RED" .

L ITs Issued By DENR

61

Is there a maximum allowable area for FLAg?

The maximum allowable area depends on the use of the FLAg area, as follows:

• Bodega/warehouse site: 5 has.

• Dry-dock site/ship building/ship breaking site: 24

has.

• Industrial processing site: 24 has.

• Herbal/rn edicJ nal plantation: 10 has.

• Nipa plantations: 10 has.

• Fish drying site: 5 has.

• Other lawful purposes: 10 has.

• Communication station site: 3 has.

• Landing site (Air ship): as recommended by the DOTC-ATO

• Log pond/log depot size: 5 has.

• Lumberyard

: 5 has.

• Mineral storage and/or crushing site (Outside MPSA area): subject to the joint recommendation of RTD-FMS and RD-MGB concemed

• Mining waste disposal site (outside of MPSA area): subject to the joint

recommendation (RTD-FMS and RD-MGB concerned)

• Motor pool site: 5 has.

• Plant nursery site: 3 has.

• Power station site: 5 has.

• Right-of-way: Subject to the recommendation of REDls, Regional Heads of TLRW/CRW and other heads of agencies concerned

• School site: 5 has.

• Water reservoir I Impounding dam: Subject to the recommendation of REDls anCl Regional Heads of Agencies concerned.

Should it be necessary for a project to cover areas larger than the above maximum allowable, such agreements shall be approved by the Secretary.

Are there fees to be paid?

Yes, these Forestry Administrative Fees are:

• Application fee - Php 500.00/application.

• Performance Bond (cash) - twice the amount of user fee/government share as the case maybe but not less than Php 10,000.

• Minimum entry fee - not lower than 5% of the zonal value of the area and to be determined by the FLAg.

• Oath fee - Php 36,QO/applic;JtJon.

• Survey fee/inspection fee - Php 400/km.

62

Handl700k on Land Tenurial Instruments

Special Land Uses Permit (SLUP) is a privilege granted by the State to a person to occupy, possess and manaqe, in consideration of specified return, any public

forest lands for a specific use or purpose. •

Legal Basis

• Presidential Decree No. 705 - Revising Presidential Decree No. 389, Otherwise Known As The Forestry Reform Code Of The Philippines

• DAO 1993-66: Addendum to the Prescribed Revised Schedule of Forestry Adminlstrative Fees under DAO No. 18 dated 1993.

• DAO 1993-18: Revised Schedule of Forestry Administrative Fees

• AO 1998-27: Interim Annual Rental for Special Use of Forestland for Energy Projects

Qualification of Applicants

• Citizens of the Philippines who are at least 18 years of age at the time of the filing. of application

• Association, corporation, partnership and such other juridical persons as maybe recognized and registered in accordance with the law of the Philippines at least 60 percent of the capital of which is owned, controlled and rnanaqed by the citizens of the Philippines

Where Applicable

• In all classified forest zones

Where Not Applicable

• Lands of the public domain established under the NIPAS within the classification of national parks as provided for in the Constitution and/or those proclaimed. designed or set aside pursuant toa law, presidential decree, presidential proclamation or executive order as well as those the Secretary shall propose for inclusion in the initial component of the System when such areas fall within the buffer zones;

• Alienable and disposable lands;

• Mineral lands;

• Certified ancestrallands/domains except when IPs opt for SLUP,

Benefits

• Permit holder can use the SLUP area for sawmills, lumberyards or other similar establishments of beneficial purposes but which should not in any way impair the forest resources therein. The permit Is valid for a period not exceeding 25 years and renewable upon expiration for a similar period

Requirements

• Required application form duly accomplished

• If applicant is a -

- government employee: written permission from concerned agency

- married woman: written consent of her husband;

LTIs tssuea By DENR

63

- naturalized Filipino citizen: a copy of his Certificate of Naturalization

" corporation, copies of the following documentsduly certified by the SEC: o Articles of incorporation;

a By-laws;

a Minutes of latest organizational meeting of stockholders;

o Minutes of the organizational meeting of the Board of Directors:

o ~esolulion adopted at said board meeting;

o Financial statement for the previous two years; 6 Minutes of meeting of Board of Directors

• registration of name, style or trade name with the DTI if applicant uses such

other than its true name, style or trade name

• Income Tax Return filed for the preceding year

• ECC from EMB-GAR

• Bank Certificate as to avaflability of capital

• 8usiness plans Iprograms

• Map of the area with technical description

• Payment of fees:

9. Application fee: Php 50D.DO/application

b.. Annual Rental: 1 hectare or lesa- Php 90/ha over 1 to 5 has. - Php 180/ha over 5 has - Php 300fha

For Energy project - Php 3,000/ha c. Perfonmance Bond (cash)

- Forestry Bond: Twice the amount of annual rental or user fee as the case maybe but not less than Php 10,000. If an appraisal or reappraisal has been made, it shall not be less than three percent (3%) of the appraised or re-appraised value of the improvement. Should the term of the lease be more than ten (10) years, a re-appraisal maybe made every five (5) years theteafter. If the computed annual rental based on the appraisal or re-appraisal is lower than the fixed rental, the existing fixed rental shan prevail.

- Mining Waste Disposal Site Permit: Php 200,000.00 a. Oath fee: Php 36.00 per applleatlon

e. Survey fee per inspection: Php 400 / km.

Procedures

1. The applicant shall file the application for Special Land Use with the GENRO Where the area applied for is located.

2. Upon receipt 6f the application, the GENRO shall instruct his technical personnel to inspect and check the status of the area applied for

3. The GENRO shall review the technical report prepared under Item No.2. If found In order, draft penmlt shall be prepared and issued, provided the area applied fOr falls within the CENRO's JUrisdiction, otherwise endorses It to higher authorities who have Jurisdiction over the same for approval.

4. ApplicatIon for other areas within the jurisdiction of the P~NRO, RTD. or DENR shall be approved by said authorities If application Is found In order, otherwise denies the same.

64

Hendboo« on Land Tenurial Instruments

Process Flow for SLUP ,~roc:e~sing and Issuance

Receives application from CENRO

Conducts further evaluation Ive rificatlon, If necessary

Receives application from PENRO

Approves SLUP application for areas above 10 has.

Prescribes payment for Forestry ·A~mlnistratlve fees

LTIs Issued By DENR

65

Who approves the SLUP?

The level of approval depends on the area applied for.

• CENRO for 0.01 hectares to 0.99 hectares'

• PENRO for 1.0 hectare to 5.0 hectares

• FMS-RTD tor 5 hectares to 10 hectares

• RED for 10 hectares and above

• DENR Secretary for Special Land Use with tree cutting regardless of area coverage

Wheo ls the approviflg authority for Special Forest Land Use

Lease/Agreement? .

The approving authority for special land use leaselagreement is vested on the Secretary of DENR, regardless of the kind of use or uses and area coverage.

What are the Special Uses of Forest Land?

• Bathing Establishment

• Hotel Site

• Private Campsite

• Right-of-Way

• Saltworks

• Sanatorium

• Sawmill site

• Lumberyard

• Timber Depot

• Logging Campsite

• lime and Charcoal Kiln

• Other Lawful Purposes

• Other Special Uses II Communication Site • Road Right-of- Way

What is the maximum allowable are for SLUP?

The maximum allowable area depends on the use.ot Ihe subject land.

• ' Bathing Establishment: 24 has. ~

• Private Campsite: 24 has.

• Sanatorium: 24 has.

• Communication Station Site: 24 has.

• Sawmill Site: 24 has.

• Lumberyard: 24 has.

• Saltworks: 24 has.

• Road right-of-way: 200 has.

• Right-of~Way: 200 has.

• Fm' Hotel Site: 24 has.

• Timber Depot: 24 has.

• Logging Campsite: 24 has.

• Other Lawful Purposes: 24 has.

• Other Special uses: 24 has.

• Lime and Charcoal Kiln: 24 has.

Handbook On Land Tenurial Instruments

7. SPECIAL USE AGREEMENT IN PROTECTED AREAS

Special Land Use Agreement in Protected Areas (SAPA) is a binding instrument between the DENR, through the PAMB as the first party, and a second party (Indigenous Peoples, Tenured migrants, LGUs, OGAs, other stakeholders such as cooperatives, business entities, NGOs, etc.)

Legal Basis

• RA 7586 otherwise known as the National Integrated Protected Areas System

• DENR AO No. 2:007-17 - Rules and Regulations Governing Special. Uses Within Protected Areas

Qualification of Applicants Who oan apply:

o indigenous peoples

o tenured migrants

0- local government units

o other government agencies

o other stakeholders (corporations, cooperatives, business entities, NGOs, etc.)

Qualifications:

o For individual. applicants: A Filipino citizen of legal age

o For groups, corporations or associations: An association, corporation, cooperative, partnership or a juridical person. incl.uding non-government organizations at least sixty percent (60%) of the capital. of which is owned by Fillpino citizens, whether private or public, duly created andlor .registered under Philippines laws.

Where AppHcable

• May be issued within protected areas except in Strict Nature Reserves and shall be confined only to the management zones of the protected area appropriate for the purpose ..

• Can be issued only in protected areas whose management zones have been identified and delineated.

Where Not Applicable

• Areas or lands of the publtc domain established and crasslffed as provided for under the constltutlenand/orthose proclaimed, classified or set aside pursuant to a law, presidential proclamation, or executive order.

• SAPAs would not cover areas classlfled !:IS Strict Nature Reserves

Application Requirements

General Requirements:

• Dul.y accompllshed appl.icatlon form;

• Certified copy of birth certificate or any other evidence of Flllplno citizenship (for lndlvlduals) or ownership (for corporation):

[TIs issued By DENR

67

• Project description supported by maps and pictures of the proposed a re.a , development plan, timetable and descr.iption of aotivities for project implementation;

• I'r6of6ffiMnciai capability to manage and develop the area applied for based

on paid up capital and/or collaterable real properties For Ihdividual Applicants:

• For tenured migrant/s, a certification from the concerned PASu;

• In case of application of qual1fiedapplicants other than the PACBRMA holder within PAC8RMA areas, a MOA between the proponent and PAGBRMA holder is necessary;

• For IPs applying for areas oulsidelheir ancestral land/domain, a certification from the Regional/Provincial NCIP that the applicant is an IP living within the protected area.

For Groups/Corporations/Associations/Cooperatives/NGOs:

• Copy of Ihe SEC registration; Articles of Incorporation and By-laws: a resolution of the governing board designating-the authorized representative of the said corporation, assoclatlon or partnership, if applicable;

.. Copy of the Resolution or Ordinance approved' by the respective Sangguiang PanlalawiganlPanlungsod/8ayan, if the app!icantis a Local Government Unit (LGU}. It should authorize the Local Chief Executive of the 'Concerned LGU to enter into a contract and that she/he acts on behalf of the LOU; and

• For cooperatives, a Certificate of .Registration with the CDA.

Procedure in the Processing and Issu.ance

1. The application form together with all the necessary permits and pertinent requirements shall be flied with the Office of the concerned Protected Area Superintenoent (PASu) who shall review the application within ten working days upon receipt thereof.

2. If found complete ~md in order, the application shall be referred to the PAMB for deliberation and subsequent recommendation for approval or disapproval. The PAMS shall act on the application within 15 Working days upon receipt thereof;

3. TIle applicant shall additionally submit the project description to EMS tor technical scoping;

4. The REO upon the recommendation of the PAMB shall issue clearanse/d isapproval of the appli cation with in 30 days upon receIpt thereof;

5. The PASu shall notify the applicant within seven days of the result of the deliberation. If the appllcatlon is given clearance, the applicant should obtain the result of !he!echnical scoping from EMS:

6. The applioant should proceed with the preparation of the Comprehensive Development and Management Plan (CDMP) and, together with the ErA Report, submit to EMB for the issuance of ECC;

7. The COMP and the ECC shell b~ submitted 10 the PAMB for review. Once the CDMPis approved, the Board shall pass a Resotuticn recommending approval of the application for the SAPA;

8. The Secretary or hIs authorized representative shaH approve the SAPA.; and 9, The PASu shall inform the applicant.

68

Handbook on Land Tenurial Instruments

Process Flow for the Processing of SAPA" ,

. - '

Applicant

RED

EMB

PASu

PAMB

- - ... .....

SECRETARY,

LTls Issued By DENR

69

What are the grounds for the cancellation of the $APA?

The S~PA may be cancelled by the Secretary or his authorized representative, upon lITe recommendation of the. PA~B, on any of the foHowinggrounds:

8. V!Olatlon?~ non-compliance with any of the terms and cond.ltl~ns stipul:ated in the SAPA, the ECC and permits Issued by other government agencies;

b. If the ~greemeh~ ~as obtained throll@h fraud, misrepresentation or omission Of

matenal facts eXlstmg at the time offiling of the application; ..

c. Aban~onment?f the area or failure to exercise the privilege granted within the· pret~f?rlbbled period of one (1) year from the issuance of the SAPA without

JUs IIa9 cause: . ..

d. B~nkr,uPtcy or closure of operation of the Corporation;

e. Violation ~f nat~ral resources laws, rules <.lnd regulations;

f. When natlonallnteresl .so requires as d",terrtlined by Ihe DENR Secreta .

g. In .cas~s of force maJ~ure resulting to the non-performance of an ~f the obliqations of t~e SAPA holder, the latter shall notify the DENR vJit~in thi (3d) days fro~ the occ~rrence of such events, inclUding a. statement deSCribi~ the force majeure a.~d Its effect upon the SAPA holder's ability to com I wit~ the ter_ms and condl.tlon.s of the Agreement. The DENR and SAPA hOJdPe: shall then ddlsc3uOSS the actlons~o be taken with.in mutually agreed schedule but not to exceed .. days after notice.

C. PERMIT

Explor. ation Permit grants the n'·g.ht 10 conduct

exploration for all mine I .

specified areas open to mining. . . , . ras In

Legal Basis

• ~~puAbliC Act ~o .. 7942 otherwise known as the Philippine Mining Act of 1995-

n ct Instituting a New Systern of Mineral R ..

Development, Utilization, and Conservation esources Exploration

• DENR Administrative Order 96-40 - revised fRR of R.A. No. 7942

QUalification of Applicants

: Any .~!H~ino citizen of legal age a nd, with capacity to contract

A FII~Plndo •. o. wned . ~orporation, Partner.ship, Associatio. n or Cooperative organize or autbcrlzed for the purpose of en . . 'I ... .,

~ng~s~:~~C~:t~~~:b~J~~~~~d:~6ke.t~iner~r r;s,:~~ge~n d~~~?:pm~~ .~enC;~~~

Php 10 million and minimum paid-.u;lca~t~l~fr;~~ ;~t~~!~~d capitalization of

• A. legally-organized F.arejgn owned CO' . II· d .•. .

wIth a ~jnJmum ",uthorJzed ~aPitaUza;jo~o;;P~~'1'6r~rui~l~t:~~d ~~~ SEC a.ndd up capital of Php 2.0 million. . ... um p;;ll -

70

Handbook on Land Tenuri;j! Instruments

Where Applicable {Pursuant to Section 14 of DAO 96-40)

Public and private lands not covered by valid and existing mining rights and mining application:

Lands covered by expired, abandoned or cancelled mining rights and mining application;

Mineral Reservations; and

Timber or forest lands as defined in existing laws

Where Not Applic"able (Pursuant to Section 15 of DAO 96-40)

• Areas covered by valid and existing mining rights and applications;

• Old growth or virgin forests, proclaimed watershed forest reserves, wilderness areas, mangrove and mossy forest, natural parks, game refuge, bird sanctuarles and areas proclaimed as marine reserve/marine parks and tourist zones as defined by law and identified initial components of the NIPAS pursuant 10 R.A. No. 7586;

• Areas which the Secretary may exclude based, inter alia, on proper assessment of thelr environmental impacts and implications on sustainable land uses, such as built-up areas and critical watersheds with appropriate baranqay'rnuniclpal/city/provincial ordinance specifying therein the location and specific boundary; and

• Areas expressly prohibited by law

• The following areas may be opened for mining applications subject to conditions as cited;

a. Military and other Government Reservations, upon prior written clearance by the Government agency having jurisdiction over such Reservations;

b. Areas near or under public or private buildings, cemeteries, archaeological sites, bridges, highways., waterways, railroads, dams or other infrastructure projects, public or private works,including plantations of valuable crops, upon written consent of the concerned government agency or private entity subject to technical evaluation and validation of the Bureau;

c. areas covered by small-scale mining under RA. No. 7076/P.D. 1899 upon prior consent of the small-scale miners, in which case a royalty payment, upon the utilization of minerals, shall be agreed upon by the concerned parties and. shall form a Trust Fund for the socioeconomic development of the concerned community; and

d. DENR Project Areas upon prior consent from the coneerned. agency.

Benefits

• If a mineral deposit is found and has potential commercial viability, the permit holder has the right to enter into any type of mineral agreement or financial or technical agreement with the government.

• An exploration psrrnlt shall grant to the permittee; his heirs or successors-infnterest,. the right to enter, occupy and explore the area: Provided, That If private or other patties are affeoted, the permittee shall first discuss with the sa'id partIes the e~tent, necessity, and manner of his entry, occupation ij.nd exploration ~nd In case of disagreement, a panel of arbitrators shall resolve the conflicl or d1sagree,meht

LT1s.1ssu~d By DENR

71

Urn itation.s/Restrictions

• An exploration Permit shall be for a period of two years, subject to annual review "and relinquishment or renewal upon the recommendation of the Director

• Maximum area for exploration permit:

Onshore, in anyone province:

- For Individuals -1,620 hectares

- F o~ corporations, partn.ershi ps, associations or cooperatives - 16,

200 hectares

Onshore, in the entire Philippines

- For individuals - 3,240 hectares

- FOr corporations, partnership, associations or cooperative - 32,

400 hectares .

Mandatory Acceptance Requirements

Any Qual!fie~ Person may apply for an Expl'oratron Permit with the Regional Office concerned, tnro,ugh payment of the required fees and submission of the foUo\r'>Jing mandatory requirements:

a. Locat!onmap/~.ketch plan of the prop~sed permit sho\r'>Jing its geographic coordinates, uSing a NAMRIA topographic map in a scale of 1;50,000, duly . prepared, signed a~d sealed by a deputized Geodetic Engineer;

b. ~wo-~ear Exploration "York Program (MGB Form No. 5-4) dul'y prepared,

signed and sea!ed by a licensed Mining Engineer or Geologist; .

c. Proof of tech~IGal competence inclUding, among others, curricula vitae and track records mexploration and environmental management of the technical persOr'ln~r who shall undertake Ihe sctlvltles in accordance with the submitted Exploration Work Program;

d. Proof of fina,ncial capability to undertake the Exploration Work Program, such as fhe follOWing;

a For an individual.ccopy of the income tax return for the preceding year and proof of bank deposit or credit line in the amount of at least two million five hundred thousand pesos (Php 2,500,000 . .00)

o For a.corporation, partnership, association or cooperative: latest audited financial s.ta!ement and, where applicable, Annual Report for ihe preceding

. year, credit hn~/s, bank guarantee/s and/or other negotiable instruments

e, Pho~~copy Of. A~lcles. of I nCbrporation/Partnership/Assodation , By-laws and Certificate of Registration, ~uly certified b~ the SEC or authorized gover'nment age~cY(7)' for a . corporation, partnership, association or cooperative, or certification .from t~e Bureau/Regional Office concerned that said documents

are duly registered In that Office' . .

f, Affidavit of Undertak.ing pur~~ant to DMO) No, 99-10, as amended, for Gorporat1~n, partnership, a~s?clatlon or cooperative d8l;laring:

o The hst of appH~atlon filed and the mining permits/contracts granted to the applicant, Including the corre~ppnding hectalB!)e andloaal/on of the areas

dlsaggreg.ated on a per province basis; and .

o The fist of. other applicants/contractors/permittees in which more than seventy percent (70%) of the ~uthorlzed capital stock fs hel,d by the s~ockhQlders of the eptlllcant, Including the corresponding hectarage dlsaggregated on a per province basis, . ,

72

HandbOOK on Land Ten!lriailnstr!lments

Additional requirements after an exploration permit is filed

The following additional requirements shall be required from the applicant after the acceptance of the application but prior to the issuance of the Exploration Permit.

a, Certificate of Environmental Management and Community Relations Record (CEMCRH) or Certificate of Exemption as the case may be

b. Environmental Work Program (MGB-Form No, 16-1)

c. Certiflcation precondition from the NCfP attesting that:

o The proposed permit area does not overlap with any ancestral land/domain claim in the case of non-IP areas; or

o The FPIC has been issued by the ICCIIP concerned,

Procedural Guidelines in the Acceptance and Processing of and Exploration Permit Applications

1, Filing of the application at the MGB Regional Office

2. F'reliminaty evaluafionand physical checking of the submitted mandatory acceptance requirements (application with lacking documentary requirements shall not be accepted)

3. Pre-plotting of the applied area to the mining tenement control map (if documentary requirements are complete) to determine whether or not the applied area overlaps with prior mining tenements. If it falls entirely within prior rnini.ng tenements, the application will be returned to the applicant

'4. Payment of filing fee (for the cleared applied area) of Php 60 .. 00 per hectare but not less than Php 50,000.00

5. Area Status and Clearance from the DENR One-Stop Shop Committee (OSSC) base on submitted location map. Should the applied area partly of erlitirely overlap with areas closed to mining applications, the applicant shall be formally informed. If the area status and clearance is denied by the OSSC, the applicant shan be formally informed about such with the reminder that he/she/it may file an appeal to the Undersecretary for Fiel,d Operations of the DENR.

6. Applicant shall be notifiied by MGB to apply for the NCIP Certification Precondition, The application shall be, addressed to the NCIP Regional Director through the MGB Regional Director, where the latter indorses the same application to the NCIP Office.

7. Publication, Posting and Radio Announcement. The Regional Office

concerned shall Issue the Notice of Appltcatlonjor Exploration Permit to the applicant for publication and radio announcement, and to the offioes concerned for posting, The notice contains, among others, the name and oornptete addrsss of the applicant, duration of the P!llrmlt applied for, extent of exploration activities to be undertaken, area location, coordinates of the proposed permit area and location map.

LTI$Iss!led By DENR

73

a. Publication - Once in two newspapers: one of general circulation published in Metro Manila and another published in the municipality or province where the proposed permit area is located. Affidavits of publlcation shall be submitted by the Exploration Permit applicant to the MOB Regional Office within five days from the date of publloatlon of the Notice.

b. Pbsting - One week in the bulletin board of: MOB Regional Office, provlnce/s, municipality/s, city/s concerned copy-furnished the MGBcentral Offiee and the barangay/s where the proposed permit area is located.

c. Radio Announcement - Daily for one week ih a local radio program.

8. Submission of the proofs of publication, po:sting and radio announcement to the MGI5-Regional Office

9. Reg.ronal Evaluation

10. Etidorsement to M OS-Central Office for final eval uation, review and issuance of clearance by the MOB National Director.

11. Approval and issuance of the Exploration Permit by the MOS Regional Director for areas outside mineral reservation and MGS-Cehtral Ofice for areas within mineral reservatlons

12. Registration of the Exploration Permit within fifteen days upon payment of Php 5,000.Ob registration fee and occupation fee of Php 75.00 per hectare.

The Permittee shall comply with the required consultation with the Sanggunian concerned pursuant to pertinent provisions of the Local Government Code of 1991, pribr to the implemen!9tion of the Exploration Work Program

74

HandbOOk on Land Tenurial instruments

11

I'

iii

"

I· .

. I

Timellne

---------------+

2 WEEKS

4 WEEKS

.-- ~

': :~-------------~

...... T

-.- ---_.,- ~-- - ----+

LTIs Issued By DENR

75

1. _The taxes, fees and other payments generated by the mine.

2. The taxes, fees and other payments gener-ated from entities who work for the mine including those deriv:ed from the multiplier effect.

3. Foreign exchange earnings

4. Job creation and livelihood opportunities

5. Any infrastructure put up by the mine available to the public

6. Rehabilitation of disturbed public areas not impacted by inining

7. Catalyzing the birth of communities and countryside development

8. PrOduction of the raw materials basic and essential to the manufacture of wealth generating implements and other h uman needs without which civilization, in all likelihood, will fail. Machines to produce food, electronic pr-oducts, construction materials, medicine, chemicals basic to industries, transportation products, military hardware, etc, owe their beginnings to mining.

9. Re-invest~nent of generated wealth to other wealth generating activities, in fhe process spreading the benefits to other industries.

Items 1 to 3 are quantifiable benefits, items 6, 7 and 9, however are almost infinite and better left to qualitative determination. Item 10 is not relatively well known but its impact to economic growth may be more dramatic. Mines re-invest part of their revenues in other mining and non-mining related enterprises resulting to multiple industries.

76

Handbook on Land TenuriallnstrJ.Jments

Mineral Agreement is a mining contract granted to qualified entities giving them the right to explore, develop and utilize the mineral resources with in a contract area for a term not exceeding twenty-five (25) years from the date of issuance and renewable for a nether term.

Legal Basis

• Re.public Act No. 7942 otherwise known as the Philippine Mining Acl of 1995

Qualification of Applicants

• Any Filipino citizen of legal age and with capacity to contract

• A Fil .. ipino-owned Corporation, Partnership, Association or Cooperative, at least sixty percent (60%) of the capital is owned by Filipino citizens, organized or authorized for the purpose of engaging in mining, with technical and financial:capabilily 10 undertake mineral resources development and dully registered with the SECfCDA and with a minimum authorized capitalization of Php 1 0 million and minimum paid-up capital of Php 2.5 million.

Where Applicable (Pursuant to Section 14 of DAO 96..40)

• Public and private lands no! covered by valid and existIng mining rights and mining application;

• Lands covered by expired,

abandoned or cancelled mining

rights and mining application: .

• Mineral Reservations; and

• Timber or forest lands as defined in existing laws

Where Not Applicable (Pursuant to Section 15 of DAD 96~40)

• Areas covered by valid and

existing mining rights and

app!i:cations;

LTIs lsstl~d By DENR

KINDS OF MINERAL AGREEMENTS j

L Mineral Production Sharing

Agreement (MPSA) an 'j

agreement wherein the ',1

Government grants to the 'i

Contractor the exclusive right to .~ conduct mining operations within, but not title over, the contract "~

d h . h ducti I.~

area an sl ares In t te prQ . uction "

whether in kind or in value as ! owner of the minerals therein. The ;~

n

Contractor shall provide the X

necessary financing, technology, ~ management and personnel. '"'

2. Co-Production Agreement (CA) - an agreement between the government and the Contractor wherein the Government shall provide inputs to the mining operations other than the mineral resources.

3. Joint Venture Agreement OVA) - an agreement where a joint venture company is organized by

the Government and the ,.

Contractor with both parties having equity shares. Aside from earnings in equity, the Government shall be entitled to a

share jn the gross output. .~

77

Old grdwth or virgin forests, proclaimed watershed forest reserves, wilderness areas, manqrove and mossy forest, natural parks, game refuge, bird sanctuaries and areas proclaimed as marine reserve/marine parks and tourist zones as defined by law and identified initial components of the NIPAS

pursuant to R.A. No. 7586;

Areas which the Secretary may exclude based, inter alia, on proper assessment of their environmental impacts and implications on sustainable land use·s~ Su?~ as .built-up. a:eas and critical watersheds with appropriate baranga~/~urllcrpallcrty/provrnoral ordinance specifying therein the location

and speorflc boundary; and

Areas expressly prohibited by law

The following areas may be opened for mjnj~ applications subject to conditions as cited:

a. Military and other Government Reservations, upon prior written clearance by the Government agency having jurisdiction over such Reservations.

b. Areas ne~r o~ under public or private buildinqs, cemete~ies, archa~olog.lcal Sites, bridges, highways, waterways, railroads, dams or other Infrastructure projects, public or private works, including plantations of valuable ?rops" u~on wri.tten consent of the concerned government agency or pnvate entity subject to technical evaluation and validation of the Bureau;

c. areas covered by small-scala mining under R.A. No. 7076/P.D. 1899 upon p,rior consent o~ .the. small-scale miners, in which case a royalty payment, upon. the utrllzatlon of minerals, shall be agreed upon by the concerned parties and shall form a Trust Fund for the socioeconomic development of the concerned community; and

d. DENR Project Areas upon prior consent from the concerned agency.

Benefits

•

•

•

•

•

A m.ineral aqreement shall grant to the contractor the exclusive right to conduct mltlrng operations and to extract all mineral resources found in the contract area.

The .contractor may be allowed to convert his agreement into any of the modes of mrnera., ~greem.ents or finan.ci.al or technical assistance agreement covering the remaining period of the anginal agreement subject to the approval of the Secretary.

•

lim itation/Restriction

•

Maximum area for mineral agreements:

On shore, in anyone province

- For individuals - 810 hectares

- For corporations, partnerships. associations or cooperafives-

5,000 hectares for metallic minerals and 2,000 hectares for nonmetallic mInerals

en shore, in the entire Philippines

- For individuals -1,620 hectares

- For corporations, partnerships, associations or cooperatives _

5,000 hectares per final mining area.

78

Henaboo« on Land Tenurial Instruments

Mandatory Acceptance Requirements

The applicant shall submit at least five (5) sets of the following mandatory requirements with the Regional Office of the MGB concerned:

For an Individual

1. location map/sketch plan of the proposed contact area showing its geographic coordinates NAMRIA topographic map in a scale of 1 :50,000 duly prepared, signed and sealed by a deputized Geodetic .Engineer;

2. Three-year Development/Utilization Work Program (MGB-Form No. 6-2) duly prepared, signed and sealed by a licensed Mining Engineer or Geologist;

3. Proof of technical competenoe including, among others, curricula vitae and track records in exploration and environmental management of the technical personnel who shall undertake the activities in accordance with the submitted Development/Utilization Work Program;

4. Proof of financial capability to undertake the Development/Utilization Work Program, such as a copy of the income tax return for the preceding year and proof of bank deposit or credit line in the amount of at least Php 2.5 million

5. Mining Project FeasibilIty Study (MGB Form No. 5-3)

6. Complete and final exploration report pertaining to the area.

For a Corporation, Pertnersbto, Association or Cooperative

1. Certificate of Registration, articles of Incorporation/Partnership/Association and By-laws duly certified by the SEC or authorized government agency.

2. Location map/sketch plan of the proposed contract area showing its geographic coordinates using a NAMRIA topographic map in a scale of 1 :50,000 duly prepared, signed and sealed by a deputized Geodetic Engineer;

3. Three-year Developrnent'Utllization Work Program (MGB-Form No. 6-2) duly prepared, signed and sealed by a licensed Mining Engineer or Geologist;

4. Proof of technical competence, including among others, curricula vitae and track records in exploration and environmental management of the technical personnel who shall undertake the activities in accordance with the submitted Development/Utilization Work Program;

5. Proof of .financial capability to undertake the Development/Utilization Work Program, such as latest audited financial statement and, where applicable, Annual Report for the preceding year, credit line(s), bank guarantee(s) andlor similar negotiable instruments;

6. Affidavit of Undertaking pursuant to DMO No. 99-10 as amended.

7. Mining Project Feasibility Study (MGB Form No. 5-3):. and

8. Complete and final exploration report pertaining to the area.

For holders of valid and existing mining lease contracts, operating agreements, quarry permits/licenses or unperfecred mininglqufJrry claims, the follOwing shall be submitted in addition to the aforesaid requirements, whenever applicable:

1. Certification from the Regional Office concerned that the mining/quarry claims are valid and existing

LTIs Issued By DENt<

79

2. Appropriate environmental report of the rehabilitation of mined-out area and/or mine waste/tailings covered areas and anti-pollution measures undertaken during the mining operations;

3. ECC for any new phase outside of the originally approved operation under the mining project;

4. Mining Project Feasibility study (MGB-Form No. 5-3); In lieu of this study, an applicant with existing mining operation may submit a Project Description and a detailed financial statement of its operations that incorporates the social and environmental expenditures, taxes and fees paid (MGB Form No. 5A); and

5. Approved survey plan of the mining area.

Additional Requirements

The following additional requirements shall be required from the applicant after the acceptance of the application but prior to the approval of the Mineral Agreement.

1. Environmental Compliance Certificate

2. Environmental Protection and Enhancement Program

3. Certificafe of Environmental Management and Community Relations Record

4. Approved survey plan of the area covered.

Procedural Guidelihes

1. Filihg of the application at the MGB Regional Office

2. Preliminary evaluation and physical checking of the submitted mandatory acceptance requirements (application with lacking documentary requirements shall not be accepted)

3. Pre-plotting of the applied area to the mining tenement control map (if documentary requirements are complete) to determine whether or not the applied area overlaps with prior mining tenements. If it falls entirely within prior mining tenements, the application shall be returned to the applicant

4. Payment of filing fee (for the cleared applied area) of Php 60.00 per hectare but hot less than Php 50,000.00

5. Area Status and Clearance from the OSSC base on submitted location map.

Should the applied area partly of entirely overlap with areas closed to mining applications, the applicant shall be formally infon;ned. If the area status and clearance is dented by the OSSC, the applicant shall be formally informed about such with the reminder that he/she/it may file an appeal to the Undersecretary for Field Operations of the DENR.

6~ Applicant shall be notified by MGB to apply for the NCIP Certification Precondltlon. The application Is addressed to the NCIP Regional Director thru the MGB Regional Director, where the latter Indorses the same application to the NCIP Office.

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Handbook on teno Tenurial Instruments

7. Publication, Posting and Radio Announcement

The Regional Office concerned shall issue the Notice ~f Application for Exploration Permit to the applicant for publicatio~ and ra~lo announcement, and to the offices concerned .for posting. The notice contains, amon~ oth~rs, the name and complete address of the applicant, duration of th~ permit a~plled for, extent of exploration activities to be undertaken, area location, coordinates

of the proposed permit area and location map. .

a) Publication - Once in two newspapers: one of general .. ci.rcu~ation published in Metro Manila and another published in the mUnlclpal.lty or province where the proposed permit area is located. A~davtts of publication shall be submitted by the applicant to the ~GB Reglona1 Office within five days from the date of publication of the Notice.

b) posting' - One week in the bulletin board of: MGB. Regional Office, province/s, municipality/s, city/s concerned copy-furnished t~e MG~central Office and the barangay/s where the proposed permit area IS

located.

c} Radio Announcement - Daily for one week in a local radio program.

8. Submission of the proofs of publication, posting and radio announcement to

the MGB-Regional Office

9. Regional evaluation

10. Endorsement to MGB,Central Office for further evaluation and review

11. Endorsement to the DENR Secretary for final review

12. Approval of the Min.eral Agreement by the DE'NR Secretary

13. Numbering of the Mineral Agreement at the MGB-Central Office

14. Registration and Releasing of the Min~ra.l ~greement at the MGB Regional . Office (if outside Mineral Reservation) Within fifteen (15) days upon payment of

Php 20,000.00 registration fee and occupation fee of Php 100.00 per hectare.

The Contractor shall comply with the required endorsement of t~e project .b~ at least the majority of the Sanggunian concerned pursuant to pertinent provrsions the Local Government Code of 1991, prior to the commencement of development

and/or utilization activities.

Ltts tssued By DENR

81

82

Handbook on Land Tenurial Instruments

Financial or Technical Assistance Agreement (FTAA) is a mining contract involving financial or technical assistance forged by a qualified entity with the Government of the Philippines for large-scale exploration, development and utilization of certain minerals. Under this mode of agreement, the Govemment allows 100% foreign

. ownership. .

An FTAA shall have a term not exceeding 25 years from the date of execution thereof by the President of the Philippines and renewable for another term not exceeding 25 years. The activities of each phase of mining operations must be completed within the following periods:

1. Exploration - up to two years from date of FTAA execution, extendible for another two years subject to the following requirements:

a. Justification of renewal

b. Comprehensive technical reports on the outcome of the two-year Exploration and Environmental Work Programs signed by a licensed Mining Engineer or Geologist and an Environmental Officer respectively;

c. Audited financial statements coveringlhe term of the Exploration Period:

d. Two-year Exploration Work Program (MGB Form No. 5-4) duly prepared

signed and sealed by a licensed Mining Engineer or Geologist;

e. Environmental Work Program (MGB Form No. 16-1);

f. Relinquishment report; and

g. Certification from the Regi!onal Office concerned as to the compliance with the terms and conditions of the FTAA, particularly the level of imp.lementation of the Work Programs and compliance with the fiscal and reporting obligations.

2. Pre-feasibility study, if warranted - up to two years from expiration of the exploration period

3. Feasibility study - up to two years from the expiration of the exploratlonlfeasibilily study period; and

4. Development, construction and utilization- upon approval of the declaration of mini ng project feasi bi lity up to the rema ini ng years of the FT M.

Legal Basis

Republic Act No .. 7942 otherwise known as the Ph il i ppine Mi ning Act of 1995

Qualification of Applicants

1. Fi.lipino~owned Corporation, Partnership, Association or Cooperative, organized or authorized for the purpose of engaging in mining, with technical and financial capability to undertake mineral resources development and duly registered with the SEC/CDA and with a minimum authorized capitalization of Php 10 million and min.lmum pald-up eapltal of Php 2,5 million.

2, A legally-organized Forelgn-ownec;1 Corporation duly registered with SEC and with a minimum authorized capitalization of Rhp 10 million and minimum paidup capital of Php 2.5 million.

LT7s Issued By OENR.

83

Where Applicable (Pursuant to Section 14 of DAO 96-40)

• P~~lic and ,prj~ate lands not covered by valid and existing mining rights and mllilng application;

• lan~s c,overed by expired, abandoned or cancelled mining rights and mining

application;

• Mineral Reservations; and

• Timber Or forest lands as defined in existing laws

Where Not Applicable (Pursuant to Section 15 of DAO 96-40)

• Areas covered by valid and existing mining rights and applications'

• Old grbwth or virgin forests, proclaimed watershed forest reserves, wilderness areas, ~angrove and mo~sy forest, ~atural parks, game refuge, bird sanctuarres a~d areas proclaimed as marrne reserve/marine parks and tourist zones as defined by law and identified initial components of the NIPAS pursuant to RA No. 7586;

• Areas Which the Secretary may exclude based, inter alia on proper assessment of their environmental impacts and implications o~ sustainable land uses, sU?~ as ,bUill-up. a~eas a~d critical watersheds with appropriate bara ng aY.'r:r u n ICI pal/clty/provlncJaI ordi nance specifying therei n the location and specific boundary; and

• Areas expressly prohibited by law

• The J.ollowing . areas may be opened for mining applications subject to conditions as crted:

a. Military and other Government Reservations, upon prior written clearance by the Government agency having jurisdiction over such Reservations'

b. ~reas ne~r or unde~ public or private buildings, cemeteries, archaeological ~Ites, bridges, highways, waterways, railroads, dams or other Infrastructure projects, _public or private works, including plantations of valua.ble crops: upon ~fltten consent of the concerned government agency or private entity subject to technical evaluation and validation of the Bureau:

c. ar~as covered by small-scale mining under RA. No. 7076IP.D. 1899 upon pnor consent of the small-scale miners, in which case a royalty payment upo~ the utilization of minerals, shall be agreed upon by the concerned parties and shall form a Trust Fund for the socioeconomic development of the concerned community; and

d. DENR Project Areas upon prior consent from the concerned agency.

Benefits

The ~ontractor, Its ~elrs or successors"in-interest shall have the righl to exctusvety conduct mining operations within the contract area with full rights of !"gres9 a.~d egres~, Ihe right to occupy the same, all other rights provided for tn the ~hrhpplne Mrnlng Act and Its Implementing rules and regul~tlons, and the obligation 10 fully comply with the terms and conditions of Ihe FT AA

L1mltatlonlRestrlction

• The maximum area for FTM is 81,000 hectares onshore

•

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Handbook on Land Tenurle! Instruments

Mandatory Requirements

• Payment of the required fees

• Eight sets of the FTAA proposal

• Five sets of the following mandatory requirements:

o Certificate of registration, arttctss of incorporation and by-laws duly certified by the SEC or authorized government agency(ies) concerned,

o location map/sketch plan of the proposed permit showing its geographic coordinates using a NAMRIA topographic map in a scale of 1 :50,000 duly prepared, signed and sealed by a deputized Geodetic engineer;

o Two-year Exploration Work Program (MGB Form No. 5-4) duly prepared, signed and sealed by a licensed Mining Engineer or Geologist;

o Proof of technical competence, including among others, curricula vitae and track records in exploration and environmental management of the technical personnel who shall undertake the activities in the submitted Exploration Work Program;

o Proof of financial capability to undertake the Exploration Work Program, latest audited financial statement and, where applicable, annual report for the preceding year, credit linels, bank guaranteels and/or other negotiable instruments; and

o Affidavit of Undertaking for corporation, partnership, association or cooperative,

Additional Requirements

• After the acceptance of the application but prior to the issuance of the pertinent Notice of Application, the applicant shall be required to submit the following additional requirements

o Certificate of Environmental Management and Community Relations Record (CEMCRR) or Certificate of Exemption as the case may be

o Environmental Work Program

o Certification Precondition from the NCIP

• Before the approval of the FTAA - Posting of financial guarantee/performance bond and letter of credit or other forms of negotiable instruments from any government-accredited bonding company or financial institution, in favor of the Government upon notification by the Secretary, which shall be in any foreign currency negotiable with the BSP or in Philippine Peso in such amount equivalent to the expenditure obligations of the applicant for any year;

• After the approval of the FTAA but prior to the registration of the same - an Authorized capital of at least Four Million U.S, Dollars or its Philippine peso equivalent; and

• In support of the application for approval of the declaration of mining project feasibility:

a Mining Project Feasibility Study;

o Three-year Development/Utilization Work Program;

o Proof of technical competence, including among others, curricula vitae and track records in mining operations and environmental management of the technical personnel who shall undertake the activities in accordance with the Development/Utilization Work Program; and

LTIs Issued By DENR

85

a Proof of financial capability to undertake the activities pursuant to the Development/Utilization Work Program, such as latest audited financial statement and where applicable, Annual Report for the preceding year, credit line/s, bank guarantee/s and/or other negotiable instruments.

• The approved survey plan, ECC, Environmental Protection and Enhancement Program and Social Development and Management Program shall be required from the FT AA Contractor after the acceptance of the application but prior to its approval.

Procedural Guidelines

1. Filing of the application at the MGB Regional Office

2. Preliminary evaluation and physical checking of the submitted mandatory

acceptance requirements. (application with lacking documentary

requirements shall not be accepted)

3. Pre-plotting of the applied area to the mining tenement control map (IT complete documentary requirements) to determine whether or not the applied area overlaps prior mining tenements; If it falls entirely within prior mining tenements, the application be returned to the applicant

4. Payment of filing fee (for the cleared applied area) Php 60.00 per hectare but not less than Php 50,000.00

5. Area Status and Clearance from the One-Stop Shop Committee base on suornltted location map. Should the applied area partly of entirely overlap areas ciosed to mining applications, the applicant shalf be formally informed, If the area status and clearance is denied by the osse, the applicant shall be formally informed about such with the reminder that he/she/it may file an appeal to the Undersecretary for Field Operations of the DENR.

6. Applicant shall be notified by MGB to apply for the NCIP Certification Precondition. The application should be addressed to the NCIP Regional Director thru the MGB Regional Director, where the latter indorses the same application to the NCIP Office.

7. Publication, Posting and Radio Announcement

The Regional Office concerned shall issue the Notice of Application for Exploration Permit to the applicant for publication and radio announcement, and to the offices concerned for posting. The notice contain among others, the name aM complete address of the applicant, duration of the permit applied for, extent of exploration activities to be undertaken, area location, coordinates of the proposed permit area and location map.

a Publication - Once in two newspapers, one of general circulation published in Metro Manila and another published in the municipality or province where the proposed permit area is located. Affidavits of publication shall be submitted by the Exploration Permit applicant to the MGS Regional Office within five (5) days from the dale of publication of the Notice.

o Posting - One week in the bulletin boards of MGB Regional Office, Provlnce/s, Munloipallty/s, city/s concerned copy-furnished the MGBoentral Office, and the 8arangay/s where the proposed permit area is located.

a Radio Announcement - Daily for one week in a local radio program.

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Handbook on Land Tenurial Instruments

.. . d radio announcement to

Submission of the proofs of publication, postmg an . 8.

the MGB-Regional Office

9. Regional evaluation ., I .

10. Endorsement to MGS-Central Office for iniM review

11. Fin~\ review byNthe Dt.Et~nRg~~~:~~hiCh composed of the following:

12 ReView by the ego.la I .

. The DENR Secretary as Chair, .

~: The MGB Director as Vice ~~ha~Tl member

c. Representative from the B or -

d. Representative from the ~~~A -memb~~r

e. Representative from the -, me.m erations Office-member

f. Representat~ve ffrom \~e ~~~,~ ~:~da~:nd Legislative Affairs Office-

g. Representative rom e

member d MGB Regional Office

h. Representative/s !rom the c~ncernell take into consideration the real

The Negotiating Panel In It~ eval~~on ~haeneral welfare of the country that contributions to the economic g~o f I a~ s~entific and technical resources, as will be realized, the developmen o.t oca d Local Government development well as contribution to communi y an

programs. t b the Negotiating Panel to the President for approval

13. Indorsemen Y ld t

14. Approval of the FT M by ~he P;~~I ~.~ AA at the MG8-Central Office

15. Indorsement and num~enng 0 e

16. Registration and r~le~stn~ of t~e:e~ations registration and releasing of the

For t"T,lIA areas Within Mmera I Off w'thin fifteen days upon payment of

FTAA will be at the M~B-Centra Ice.1 of Ph 100.00 per hectare.

Php 50,000.00 regist~atlon fe~ an~ ~ccu~~~~::eregistr~tion and releasing will For FTM areas outsl~e o~ ~~~ra Wi~~~ fifteen'days upon payment of Php

be at the MGB Reglona Ice. f Ph 7500 per hectare.

50,000.00 registration fee and occupation fee a P .

87

LTls Issued By DENR

88

Handbook on Land Tenurial Instruments

When can mineral lands be reclassified, converted, disestablished or reverted back to the public

domain? ENTl Y

Mineral Lands can be reclassified, converted, disestablished or reverted back to the public domain when either of the following is proven:

a. The mineral resources therein had already been mined out or exhausted.

b. The mineral resources therein cannot be profitably, safely and environmentally mined.

c. The existence of mineral lands classified or opened up for mining purposes through Proclamation are not already consistent with the national interest.

How are mineral lands classified, converted, disestablished or reverted back to the public domain?

a. For Mineral Lands covered by mineral patents - through conversion of the mineral patent to any land use.

b. For Mineral Lands covered by mining leasecontractls permitls - through withdrawal of these lease/permit by the lessee/permittee, expiration or cancellation of the lease contract/permit.

c. For Mineral Lands covered by mineral agreements/permits - through withdrawal of the contractor from the mineral agreement/permit, expiration or cancellation of the mineral agreement/permit.

d. For Mineral Lands covered by Proclamation - through another Proclamation.

How are rninerallands officially established or classified?

In Non-Reservation Areas - under the previous mining laws, mineral lands are established through Minera! Patents under Philippine Bill of 1902, through Mining Lease Contracts under Commonwealth Act 137 and Presidential Decree No. 463 and. through Mineral Agreements/Permits under the Philippine Mining Act of 1995. In special cases, through Presidential Proclamation e,g. Minahang Sayan sites declared under Small-scale Mining Laws.

In Reservation Areas - under the old and present mining law, through Presidential Proclamation.

What is the extent of existing mineral lands in the CAR?

a. Mining Patents: 177 mining patents in whole CAR covering 1,336.55

hectares -- 131 coveri ng 1.000.6014 hectares a re with in I togon and 46 coveri ng 335.9504 hectares within Mankayan.

b. Mining Lease Contracts: Mining Lease Contracts within CAR as of January 2009 cover a total of 2, 834 hectares.

c. Areas covered by Proclamation 414 covering 380.5725 and Proclamation 572 covering 101.5980 hectares both within the Bagulo Townsite Reservation.

d. Other areas that may later on be granted mlnera! agreemElnts/perrnlts which area currently being processed covering more or less 1,180,191.6119 hectares (53.730.5687 hectares APSA and 14,652.74 hectares MPSA; 729,996.3086 hectares AFTA; 359,000.9337 hectares EXPA and 11,508.0146 hectares ~P).

LITs Issued By DENR

89

Small Scale Mining (SSM) Permit is issued to a qualified person to conduct small scale mining operations under P.O. No. 1899. The SSM C6ntract, meanwhile, covers top co-production, joint venture, or MPSA between the government and small-scale mining contractor for the conduct of small-scale mining operations in areas declared as People's Small Scale Mining Area under RA No. 7076.

SMALL SCALE MINING refers to mining activities that rely heavily on manual labor using

simple tools and methods. It does not use explosives or heaving mining equipment and requires only a small capital investment.

Legal Basis

• Presidential Decree No. 1899 - Establishing Small-Scale Mining as New Dimension in Mineral Development

• Mines Administrative Order No. MRD-41 - Rules and Regulations Governing the Granting of Small Scale Mining Permits under PO 1899

• MDRS AO Nos. 3 and 3A - Rules and Regulations Governing the Granting of Small-Scale Mining Permits covering areas of mineral reservations,' as' amended

• Republic Act No. 7076 - People's Small Scale Mining Act of 1991

• Republic Act No. 7942 - Philippine Mining Act of 1995

• Department Administrative Order No. 96-40 - Revised trnplernentlnq Rules and Regulations of RA No. 7942, as amended

Qualification of Applicants Smalt-Scale Mining Permit

• Filipino citizen, legal age and with capacity to contract

• Corporation or parthership, authorized to engage in mining registered with the

SEC at least 60% of the capital which is owned at all times by Filipino citizens Smelt Scale Mihing Contract

• A registered cooperative of small scale miners

• Small scale miners duly licensed by the DENR and registered with the Provincial Mining and Regulatory Board.

Where Applicable Small-Scale Mining Permit

• Areas covered by valid and existing r'nining claims including those already covered by existing mining leases, provided a consent be secured by the 'applicant

• Areas covered by quarry applications, permit or licenses and those covered by exploration permits/application, provided a consent be secured by the applicant

• All ether government reservations except mineral reservalJons subject to prior

verification by the Bureau; ,

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Handbook on Land Tenurial Instruments

• Areas not covered by valid and existing mining claims before the promulgation

of PO 1899 on January 23, 1984

• Public lands

Small Scale Mining Contract .

• Areas which are declared as, People's Small Scale Mining Area or Minahang Bayan

Where Net Applicable Small-Scale Mining Permit

• Near or under buildings, cemeteries, bridges, highways, waterways, railroads, reservoirs, dams, or any other public or private works unless prior clearance from the government agency or owner concerned is obtained

• All banned areas proclaimed and established by the government Smafl Scale Mining Contract

• Areas outside people's small-scale mining area

Benefits

• People's Small-scale Mining Program under RA 7076 is designed to achieve an orderly, systematic and rational scheme for the small-scale development and utilization of mineral resources in certain mineral areas in order to address the social, economic, technical, and environmental connected with small-scale mining activities

• Small scale mining permitees/contractors can draw benefit from the abundance of cheap labor and it has the advantage of relative flexibility and simplicity of operations, minimum capital requirements, less fuel dependent operations and minimal effects on the environment

• A people's small-scale mining contract entitles the small-scale mining contractor to the right to mine, extract and dispose of mineral ores for commercial purposes

• The small scale mining permittee/licensee shall, during the term of the permit or license, be exempt from payment of all taxes, except income tax

• Permitees/contractors can receive technical assistance from the MGB

Lim itatl ens/Restrictions

• The size of the permit and/or contract area shall be not be more than 20 hectares.

• The two-year term of an SSMP is renewable only once, and no SSMPfSSMC shall be renewed unless its two-year term is fully consumed.

• Small-scale mining operations shall be largely artisanal with heavy reliance on manual labor and without the use of explosives and/or blasting accessories.

• In no case shall a small-scale mining contract be subcontracted, assigned or otherwise transferred.

Application Requirements

For small-scale mining (metallic), gold panning and sluloing permit under PO 1899

• The application shall be filed with the Provincial/City Mining Regulatory Board concerned to be accompanied with the following documents:

a. Duly accomplished and notarized application form

LTIs Issued By DENA.

91

b. Survey plan duly signed and sealed by licensed Geodetic Engineer

c. Project information/description to be prepared by the appli-cant

d. If partnership/cooperation/association/ cooperative, registration

documents duly certified by SEC or other government agencies concerned

e. Written consent from the mining claim owner and/or land owner 1. Area status and clearance from MGB regional Office

g.. Environment Compliance Certificate/Certificate of Non~Coverage

h. Other requirements as may be required by law or concerned

Provincial/City Mining Regulatory Board.

For smal/·sca/e mining (non-metaflic) Quarry, Commercia/ Sand and Gravel and Industria! Sand and Gravel Permit Covering Areas of Five hectares and below

• The application shall be filed with the Provincial Governor thru the P/CMRB concerned 16 be accompanied with the same documents as in SSM Permit (metallic) application above and a work program duly prepared, signed and sealed by a licensed Mining Engineer as additional requirement.

Procedures in the Approval of SSM Contract under RA 7076

1. Applicant files application with the concerned P/CMRB to be accompanied with above required application documents

2. P/CMF<.B evaluates the application

3. F>!CMRB requests for area status and clearance from the concerned MGB

Regional Office

4. MGB regional office issues the area status and clearance

5. P!CMRB Conducts field verification upon payment of the required fees

6. PlCMRB undertakes final reviewlevaluation of the application and submits recommendation/s through board resolution to the concerned provincial Governbr/City Mayor for the approval/denial

7. Provincial Governor/City Mayor approves the application

How long is the term of the SSM permit and SSM contract?

The SSM permit is good for two years renewable only once. The SSM contract is good for two years renewable for like periods

UENTLY D

Who approves the SSM permit and SSM contract? The provincial governor issues the SSM permit. The Provincial Mining Regulatory Board shall award the SSM contract.

Are there other requirements prIor to the start of the SSM permit and SSM contract?

Yes, the permittee or contractor is required to submit Ihe fonowing prior to the start of mln.lng operation:

1. Potential environmental Impact report which Is a simplified environmental

protection and enhancement program, and a final mine

rehabi litatlonldecommissionlng plan

2.. Communlly development and management plan which is a simplified social development and management program.

92

Henaboo« on C."nd Tenurtet Instruments

Process Flow for the Application and Processing of ' Small Scale Mining/Quarry Permit

OFFICE OF THE GOVERNOR THRU ENRO

1. checi(s completeness 01 applicabon form .provi des checkl lst of requirements for the proponent to sec" re

, . prepares Order of P~ymentlor the filing fee

OFFICE OF THE GOVERNOR THRU - ENRO

accepts applications

. trans m its copies 01 the appli cation with map 10 EMS, MGB, FMS, LMS lor area status and clearance

. plots and checks in ENRO's control map whether the area is with mini ng perm its iss ued b their offices

PMRB·TWG .

1. conducts pre-sv alu~t10n of ap plication bas ed on s ubmittea area status and clearance

2. rscom m ends den ial of ap pi ication H are a is closed to mining: if portion is not open, work out for the exeuslon of the area from the coverage of the application; and, if area is conditionally open, req u i re proponent to secure consent

3. Prepare lettm to proponent Informing them either one or several of the fotlowi ng:

a. denial of the application

b. exclude a reas not ope n for min i ng

applications

c. secure con sent

d. secure ECC from EMB

e. pay pmces sl ng' fee

f. C<!U se ·posting of the application g, coordinate for tile field veMfication

h. secure NCI P certification

secu re in dorsernent from either municipality, barangay or sltlo

':

. . . ~ ,;.

I. -========::!!: 1. numbers/Indexes approved SSMP

"" . Notifies apptkantto pay necesiWry fee's

~ '. ,~

Approve$/ re;ect5 a ppjicalion

t, Cashter receiVes necessary 16e s -----..,,2. ENRO/PMRB-TWG registers! issues app roved perm Its

J • ~ j

recei.ves approved perm It

L TTl' Issued By DENFI.

I

I

I PMRa·TWG

Denied

1. issu es applicant notices for posling at the bu llstln boards of MGB-RO, PENRO. CENRO and in the prov .. m un. & brys

2. conduct fLsld velif>ealion

Area

Clearance and Consent

MGB-RO PANEL OF ARBITRATORS

, (PA)·

1 .. iftheie ISGDrifliWadvefse· claim;;~,·· -: ·P:(.decjd~~ cin·slJeh'i(15-days, .,' .

, atljUdic~ti(in P!O'i"ioo) .j: , ':.. .'. ~

· Iransmit?:ap'peal 10 MAB'wlih 5'; .:

days; .< >.' ./ .). . ,

., prepares cefljfl~ation !hat,no adve"rs~ cla)mS{oonM:I\r~e(e file<)

, or such ~ave~~9:dEi1jld"e"dJPoi1\

1. receivesce rtifiGation of posti ng

· receives decisio nlcertification from PAiMAB

3. coordin ates and checks com ptete n es s • of m andatory an d processing

requ i rements

· evaluates the ap-plicatio nand make recommen danons for action of the governor lhru PMRB

reea-iii mends app rovaVre.jecUon of th e appl ication thru reSOI ution

ENRO

13~ is~u es Order 01 Payment

93

Process Flow in the Declaration of a People's SSM Area

Petition/Request from any interested party I Filed with the Board
PROVINCIAL MINING REGULATORY BOARD through ENRO-LGU
....
PMRB-TECHNICAL WORKING GROUP (lWG)
evaluates area whether the same is technically Of economically viable for
Minahang Bayan Ihru an Evaluation Report.
r-t Viable )---JL-[ NOIViablel--}

PMRB issues notices to either of lhe following:
l PMRB Informs proponent 1
• claim owners
· operators
• private landowners
· non-government organizations
· concerned government agencies
· cuttural communities
for clearance & consent as the case maybe
..
Indorsernent of the proposed people's small scale mining
area frorn: 1) Barangay; and 2) Municipal
.....
Postir'lg o~ Notices on: Provincial, City /Municipal halls,
MGB Regional Offfce(s) Barangay & other conspicuous
places for at least 2 weeks r-----1 In case of Opposition/Protest
Publication of Notices in newspapers of iocal or national
circulation once a week for 2 consecutive weeks. '*' ..
Opposition/Protest to be flied with
the PMRB not later than 15
Consolidattcn of complete/duiy accomplished requirements").- working days after the last posting
and/or supporting documents by the TWG-PMRB of the notices
PMRB indorse the area I ...
BOARD: Shall act on the
segregation proposed 1 protest/opposition wfin 15 working
to the Director, MGB c+
thru resolution days it is submitted for resolution
Director, MGB-Centra.1 Office
.,.&,. -
For re-evaluation and review
DECISION OF THE BOARD; May
Favorable I rn order .. be appealed 10 the Secretary wlin
DENR Secretary reviews 5 days from of Board decision
segregation proposal within 30 ~
days from date of receipt DENR-SECREiARY -
Favorable lIn ordor Deqlslon Is Immediately executory
~ Opposition; II' OppositiOn! Protest
Declaration Of area by the
PMRBICMRB ~ Protest prevail
I resolved =
' .... - 'fTWG-PMRB Inform~
r APPLICATION TOE'NTER TO SMALL SCALE MINING CONTRACT the appllCilnt 94

Handbook On Land Tenurial Instruments

. LAND TENURIAL INSTRUMENTS ISSUED BY DEPARTMENT OF AGRARIAN REFORM

The Department of Agrarian Reform is the lead implementing agency of the Comprehensive Agrarian Reform Program (CARP). It is mandated to carry out the three major components of the program, namely: 1) Land Tenure Improvement; 2) Program Beneficiary Development; and 3) Delivery of Agrarian Justice.

Certificate of Land Ownership Award (CLOA) refers to the land tenure instrument issued over the agricultural land awarded to an Agrarian Reform Beneficiary Lipan fulfillment of all the requirements provided under Comprehensive Agrarian Reform Law and other pertinent government laws and issuances .

Legal Basis

• 1987 Philippine Constitution (Art. XfII, Sec. 4; Art. XIIl, Sec. 5)

• Republic Act 6657: Comprehensive Agrarian Reform Law (CARL)

• R.A. 8532: Agrarian Reform Fund (ARF) Bill

• Republic Act Republic Act 9700 known as CARP Extension with Reforms

(CARPER)1

CARPER Implementation Time-Table and Priorities

Republic Act 9700 known as CARP Extension with Reforms (CARPER) starts July

2,2009 to end July 2014.

Under the CARPER, the priorities of coverage are as follows:

Phase 1: Private Agricultural Lands above 50 hectares - from July 2, 2009 to June 30, 2012

a. All private agricultural lands in excess of 50 hectares which have already

been subjected to a Notice of Coverage issued on or before December 10,

2008;

b. Rice and corn lands under PD 27;

c. All idle or abandoned lands;

d. Ail private I ends voluntarily offered by the owners (but with respect to VL T.

only those submitted before June 3D, 2009;

e. All other lands of the government devoted to or suitable for agriculture.

I All of this writing, there is no IRR yet for the following programs under the newly extended CARP law; I) Program Beneficiary Development, 2) Agrarian Justice Dispute, 3) Land Tenure

Improvement

itts Issued By DAR

95

Phase 2: Agricultural lands 24 hectares up to 50 hectares - from July 2, 2009 to June 30, 2012

a. All alienable and disposable public agricultural lands:

b. All arable public agricultural lands under agro-forest, pasture and agricultural leases already cultivated and planted to crops;

c. All public agricultural lands which are to be opened for new development and resettlement:

d. All private agricultural lands above 24 hectares up to 50 hectares which have already been subjected to a Notice of Coverage on or before December 10,2008

The coverage of all remaining private agricultural lands In excess of 24 hectares regardless of whether they have been subjected to a Nae or not shall start on July 1, 2012 to end on June 30, 2013

Phase 3. All other Private Agricultural Lands commencing with large landholdings and proceeding to medium and small landholdings under the following schedule:

a. La nd s above 1 ° hecta res up to 24 hectares - July 1, 2012 to June 30, 2013:

b. Lands from the retention limit up to 10 hectares - July 1, 2013 to June 30,2014 .

Who Can ApPly

• Landless:

Agricultural lessees and share tenants:

Regular farm workers; Seasonal farm workers:

Other farm workers;

Actual tillers or occupants of public lands;

Collectives or cooperatives of the above beneficiaries: and Others directly working on the land.

• Children of landowners who are:

at least 15 years of age

actually tilling the land or directly managing the farm

Qualification of Applicants

• At least 15 years of age

• Head of the family as of June 15, 1988

• Should be landless, which means that the applicant may own less than three hectares of agricultural land

• Most Importantly, the appllcant shall have the ability, willingness and aptitude to cultivate and make the land productive

• Emphasis on women as qualified applicants as part of the gender-sensitivity thrust of the CARPER

Where Applicable

• Alienable and disposable lands of the public domain devoted to or suitable for agriculture

• Lands of the public domain in excess of the specific limits

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Handbook On Land Tenurial Instruments

• Lands owned by the government devoted to or suitable for agriculture

• Private lands devoted to or suitable for agriculture regardless of the agricultural products raised or can be raised thereon.

• Lands proclaimed as settlement areas and awarded to settlers or beneficiaries under the resettlement program earlier implemented by the DAR and its predecessor offices and covered by Homestead Patents if the original homestead grantees or direct compulsory heirs no longer continue to cultivate the same, subject to the five hectare retention right of the original homestead grantee or his/her direct compulsory heirs.

11

Where Not Applicable

• Lands used and necessary for parks, wildlife, 'forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves, national defense, school sites and campuses including experimental farm stations operated by public or private schools for educational purposes, seeds and seedlings research and pilot production centers, church sites and convents appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms actually worked in by inmates, government and private research and quarantine centers

• All lands with 18 percent slope and over, except those already developed

• Landholdings which were issued patents under the "Handog Titulo" program of the DENR after June 15,1988 unless Sec. 6 of RA 6657 applies

• Lands proclaimed as settlement areas and awarded to settlers or beneficiaries under the resettlement program earlier implemented by the DAR and its predecessor offices

Benefits

• Land tenure improvement and delivery of aqrarian justice and legal assistance

• Delivery of support services and other areas urgently needing development interventions such as the construction of farm-to-market roads, bridges irrigation systems, post-harvest facilities, rural electrification, potable water supply, school buildings, multi-purpose buildings, extension services, credit assistance, community organizing and training.

Limitations/Restrictions

• No qualified beneficiary may own more than three hectares of agricultural land

• Cannot be sold, transferred or conveyed for a period of ten years from the date of the award. The transfer may only be possible within the prescribed period through hereditary succession, to the government, to the Land Bank of the Philippines or to other qualified beneficiaries.

• Cannot be subdivided and converted Into other land use(s) unless the OAR approves it

Land Acquisition and Distribution Operating Procedures

• Landholdings subject of acquisition shall be validated based on ownership documents and on the projection by the DAR on OENR land classrficatlon maps to determine whether or not the areas are alienable and disposable.

L TIs Issued By DAR

97

•

The DAR shall prepare the preliminary information on all of the landholdings that shall be subject of joint field investigation using CARP-LA Form No. 1 which shall form part of the documentation of the claim folder.

The conduct of segregation/subdivision survey shall be considered an ind~~~ndent activity. However, the PARO shall ensure that all field survey activities shall be completed before or undertaken simultaneously with the

. conduct of Field Investigation or Fl.

•

.1. Identification and Documentation

For Voluntary OfferfQr Sale Lands

1.1 Registered owner for titled properties or land owners of untitled properties files notarized letter offer together with these basic requirements:

o Notarized land owners letter-offer

o Certified copy of the original OCTITCT on file with Register of Deeds and photocopy of ODC, jf available

o Copy of latest Tax Declaration in the name of the registered owner duly certified by the Municipality/City Assessor

o Copy of approved survey plan or sketch plan of the property certified by a licensed Geodetic Engineer

1.2 DARMO/DARPO DARRO/DARCO-BLAD receives duly accomplished Leiter-Offer and determines completeness of basic documents and requires other applicable documents under different situations. The DAR office which received aforesaid documents shall forward the same to OAR Provincial Office where the subject property is located.

1.3 DARPO accepts offer including supporting documents and instructs the

. MARO to prepare Claim Folder and to post the letter-offer and acceptance leiter for seven days at the Barangay and Municipal/City Halls where the property is located and, thereafter, issues Certificate of Posting Compliance ..

If LO fails to submit Statement of Production and Income or the applicable Audited Financial Statements within 30 days from receipt of tile Acceptance Letter, MARO issues certification on the LO's failure.

For Compulsory Acquisition

1.1 DARMO gatf1ers basic ownership documents and prepares

corresponding claim folder per landholding

1.2 DARPO sends LO Notice of Coverage and instructs the MARO to post the NOC for seven days at the baranqay/mumcipat/dty halls where the property is located and thereafter issues Certification of Posting Compliance.

If La falls to submit Statement of Production ~nd Income or applicable Audited Financial Statements within 30 days from receIpt of the NOe, MARO Issues certification on LO's failure.

E9r !rands under E.Q. 407 (Public Agricultural Lands'

1.1 LO (GFls, GOCCs) executes Deed of Transfer in favor of RP and surrenders to OAR basic ownership documents. The DAR office which

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Handbook on Land Tenurial Instruments

received the aforesaid documents shall forward the same to OAR Provincial Office where the subject property is located.

For VOS, CA, E. O. 407

1.1 DARMO sends Notice to Barangay Agrarian Reform Council, LBP, and potential ARBs and invites the LO and DENR, LGU-MAO (if necessary) on schedule of FI at least 15 days in advance.

1.2 DARM 0, BARC, LBP, LO, POTE NTI AL ARBs conducts F I of property with representatives of LBP, BARC, LO, potential ARBs and surveyor (if survey work is simultaneous) and with the assistance of DENR and/or lGU-MAO if necessary.

1.3 DARMO, LBP, BARC prepares FI Report and Land Use Map.

1.4 DARMO proceeds with the preliminary screening of potential ARBs and the MARO issues Certification of Qualified Potential ARBs.

1.5 DARMO forwards Claim Folder to DARPO together with approved subdivision/seqraqatlon plan. However, if the whole property is covered, boundary or perimeter sketch plan duly certified by a GE will suffice.

2. Review and Completion of Data Documents 2.1 DARPO receives Claim Folder

2.2 For EO 407 lands, after determination of the acquirable area, DARPO completes the execution of the DOT and forwards the same together with the ASP to the ROD for registration and issuance of title in the name of RP. Thereafter DARPO commences with the immediate distribution of the property even pending valuation of the same.

2.3 DAR-LBP-PPU evaluates, determines sufficiency and possessability of claim folder and recommends submission to LBP-AOC

2.4 DARPO prepares Memorandum Request to value and forwards claim folder to LBP-AOC together with checklist of required documents duly reviewed and recommended by the DAR-LBP-PPU

3. Land Valuation And Compensation

3.1 LBP-AOC receives and acknowledges receipt of claim folder and reviews the same and determines land value

3.2 LBP-AOC/HO sends Memorandum of Valuation with Land Valuation Worksheet (LVVV) to DARPO

3.3 DARPO receives and reviews Memorandum of Valuation with LWV from LBP and sends the following:

o Order to deposit to LBP, together with a copy of Application to Purchase and Farmer's Undertaking (APFU)

o Accomplished Land Distribution Information Schedule (LOIS)

o Notice of Land Valuation and Acqulsttion (NLVA) 10 LO together with copIes of MOV, LVVV and LOs Reply Form 8.nd causes the posting of the N,"-VA for seven days at the barangay/munlcipallclty halls where the property is located and thereafter issues Certification of Posting Compliance

3.4 Lap issues Certification of Deposit to DAR

3.5 LO replies to NLVA within 30 days from recelpt and submits documents to LBP required for payment of compensation claim

L TIs Issued By DAR

99

3.6 DARPa sends Las reply to LBP

Where Land Owner Accepts the Land Valuation

3.7 DAR PO forwards to ROO copy of Certification of Deposit together with ASP and requests issuance of Transfer Certificate of Title in the name of RP

3.8 ROD issues TCT in the name of RP and forwards Owner's Duplicate Certificate of RP title to DARPO which shall furnish LBP-AOC certified Photo copy of the same

3.9 LBP-AOC LBP-HO prepares Payment Release Form: Pays LO and Mortgagee-banks/creditors, if encumbered

Where LO Rejects Land Valuation or Fails to Respond

3.7 If the LQ rejects the offered price or fails to reply within 30 days from receipt of the NLVA, DARPO forwards to ROD a copy of the Certification of Deposit, ASP with Technical Description and Letter-request to ROD for

the Issuance of RP Title .

3.8 DARPO advises the Regional Agrarian Reform Adjudicator (RARAD)/ Provincial Agrarian Reform Adjudicator (PARAD) to conduct summary administrative proceedings

3.9 ROD issues TCT in the name of RP and forwards Owner's Duplicate Certificate of RP Title to DARPO which shall furnish LBP-AOC certified photo copy of the same

3.10. RARAO/PARAD simultaneously conducts summary administrative proceedings, renders decision and informs parties of the same. In case the LO or LBP/DAR rejects the DARAB decision, the LO or LBPiDAR may go to the regular courts for final determination of just compensation

3.11. DARPO requests DARAB Proper Courts to issue Certificate of Finality, except in cases covered by Sec IliA par. 2 of DAR Administrative Order No.2 Series of 2005 and forwards to LBP the original copy. Thereafter, LBP-AOC and LBP-HO prepares Payment Release Form and pays LO and Mortgagee-banks/creditors, if encumbered

4. Land Distribution to Agrarian Reform Beneficiaries

4.1 The DARPO provides the MARO certified copy of the RP Title with the instructlon to immediately take possession of the land and proceed with the redistributJon of the same in favor of the qualified beneficiaries. In case there is a standing crop on the land at the time of the acquisition, the land owner shall retain his share of the harvest.

4.2 In consideratlon of the payment made by the LBP, the original Owner's Duplicate Copy of CLOA-Titles shall be surrendered to LBP as . mortgagee.

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Handbook on Land Tenurial Instruments

Flowchart of CLOA Appl~cat~on &. Processing >

Identification of CARP Lands

Area not within CARP coverage; orocesstno

Execution of a Deed of Transfer Effecting the Transfer of the

LTIs Issued By DAR

101

LAND ACQUISITION & DISTRIBUTION PROCESS

Pursuant to Administrative Order No.2, S. 2005, as amended by AO 4, S. 2007

~ A. IDENTIFICATION,DOCUMENTATION&SURVEY + 2 Issuance of Notice of

CoveragefAc-ceptance

Letter (DARPO)

Gathering of Basic Documents Validation, Projection & CF Preparation (LO, DARMO, DARPO,

RRO)

B. REVIEW & ....J COMPLETION OF . I DOCUMENTS

Notice to conduct JFI (MARO)

CF

Preliminary Screening of Potential ARBs and Issuance of Certification of Qualified Potential ARBs

CF Transmittal and Approved Subdivlslonl Segregation

Plan to DARPO (OARMO) /---------1 7 ]--------1 FI Report and Land Use Map preparation

Joint Field InVestigation (DAR, LBP, BARe, LO, DENR, LGU-MAO, Potential ARBs)

..

• Order LBP to )------112 Deposit &

Submit APFU & LOIS

• Issuance of NLVAlo LO (DAR PO)

• Posting of NLVA (DARPO)

_---,=L.j 1·5 • Acceptance{ DOP (LO, DARPO, LBP)

• Rejectionl DOD (LO, DARPO,LBP, DARAB)

C. DISTRIBUTION

CLOA Generation (DARPO)

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Handbook on Land Tenurial Instruments

Emancipation Patents refer to the land titles awarded to farmers over tenanted rice and corn lands covered under the previous laws particularly Presidential Decree 27 issued by then Pres. Ferdinand Marcos in 1972 which provided tenanted lands devoted to rice and corn to pass ownership to the tenants who worked on the

properties.

Legal Basis

• P.O. 27: Decreeing the Emancipation of Tenants from the Bondage of the Soil

Transferring to Them the Ownership of Land They Till and providing the Instruments and Mechanisms Therefore

Where Applicable

• Tenanted rice and corn lands and other lands not classified as such

Whe.re Not Applicable

• Non-rice and corn lands and other lands not classified as such

Benefits

• Free legal assistance in resolving land disputes

• Ground survey services covering their agricultural lands

• Financial assistance in the form of production loans

Agricultural Leasehold Contract is a non-transfer tenurial improvement program. Farmers tilling lands within the landowner's allowed retention limits are assured of land security through the institution of leasehold agreements between both parties. Under this agreement, farmers are entitled to 75 percent of the net harvest after deducting production expenses, while the land owner gets 25 percent of the net

harvest as rental of the farmworker.

Legal Basis:

• DAR Administrative Order No.2, Series of 2006-Revised Rules and

Procedures Governing Leasehold Implementation on Tenanted Agricultural

Lands.

Where Applicable

Agricultural leasehold implementation shall cover all tenanted agricultural lands,

including but not limited to:

• Retained areas:

• Tenanted agricultural lands not yet acquired for distribution under the

CARP;

• All other tenanted lands which may be validly covered under existing laws,

including but not limited to:

LTIs Issued By DAR

103

- Tenanted landholdings that may be within the purview of DOJ Opinion No. 44-1990 but actual use remains agricultural; and

- All other tenanted landholdings that may be otherwise qualify for exemption or exclusion from CARP coverage or land use conversion, for as long as the use remains agricultural.

Benefits

•

Protects the tenurial and economic status of tenant-tillers in agricultural lands; Guarantees and improves the hold and physical possession and enjoyment, as well as, management of the land by the tenant-tillers;

Assures the continuity of relations between the land owner and the tenant and shall not be extinguished by mere expiration of the term or period in leasehold contract nor by the sale, alienation or transfer of the legal possession of the lar'ldrlolding.

•

•

What are the obligations of an ARB? His/her obligations would be as follows:

• The agricultural productivity of the land should be maintained; and

• The change in the nature of the use of the land shall be protected except with the approval of the DAR. under its rules on conversion or exemption.

Are idle and abandoned lands covered under the CARP?

Yes. Pursuant to Section 7 in relation to Section 3 (e) of the Comprehensive Agrarian Reform Law (CARL), idle and abandoned agricultural lands are priority areas for coverage under CARP.

Filipinos working abroad left their farm lands; if they are not being tilled, what does the DAR do?

The farm laM will be subject to the landowner's 5-hectare right of retention. The excess thereof may be covered by the DAR under CARP for distribution to qualified ARBs.

Section 2. paragraph 9 of RA 6657 emphasizes that if the land is lef! untilled, the State shall be guided by the principle that land has a social function and land 6wnership has a social responsibility. Owners of agricultural land have the obligation to cultivate directly or through labor administration the lands they own and thereby make the land productive.

Are uplands which are being agriculturally developed exempted from CARP coverage?

If at the advent of CARP said lands are already agriculturally developed and productive, they are not exempted from CARP. However, for those lands which are above 18% slope, they are exempted from CARP coverage. (Sec. 10 of RA 6657)

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Handbook on Land Tenurie! Instruments

Can an agricultural land be converted to a residential land?

Yes. Section 65 of RA 6657 and AO 1 series of 2002 states that after the lapse of five years from its award, the land can be converted to residential or other .nonagricultural use when it ceases to be agriculturally sound and economically feasible or if the locality has become urbanized and the land will have greater economic value for residential, commercial or industrial purposes.

What are some of the guidelines for converting agricultural lands into residential commercial and other non-agricultural uses?

It is a long 'process, but those who want to convert their lands should coordinate with the Center for Land Use Policy and Planning Implementation office of the DAR. Among others, they should get an environmental compliance c~~ificate ~rom the DENR if Environmentally Critical Area or Environmentally Cntlcal ProJect. They also have to coordinate with the LGU regarding the present classi.fication of the land depending on the class type of the municipality where the land IS located.

(A.O. 1 series of 2002)

What are private agricultural lands (PAL)?

These are lands already titled in the name of private individuals. These also include agricultural lands which have Torrens titles, free-patent titles and those with homestead patents, An easy to remember mnemonics of PAL is as follows:

• Acquired through various modes of land acquisition;

• Granted by the state;

• Owned by natural or juridical person or corporations; and

• Segregated from the lands of the public domain

LTIs Issued By DAR

105

PROCESS FLOW FOR FIXING OF LEASE RENTAL

A.D. 2, S. 2006 .

In Case of Disagreement

IdentifIcation Pha.se

The MARO, within 5 working days, invite the parties to attend a mediation

conference to be held not later than 30 working days after the meeting. Any party who fails to attend the conference waives his/her rights to participate in the fixing of

the lease rental.

1.

The MARO with the assistance of BARC conducts a mediation conference to discuss possible options onlhe issue of determining and fixing the lease rentals

-- - -- - --- -- - -- - -- -

'~".'.'

If the parties reached an agreement, execute and register the LHC. In case the parties cannot reach an agreement despite exhaustive efforts, MARO together with BARe prepares the PLR (L TI-LHO Form No. 11) withi n 10 working days from date of

mediation.

- - -- ---------- - - ----

~

Transmit the LHDF together with the PlR and concomitant recommendation to DARPO

----- --- ------- ------ -

.~ ..

Review and evaluate the information and contents of the lHOF to check the authenticity, consistency, sufficiency and completion of documents

- -- - -- ---- -- --- - - --------- -- -- ------ - --

~~

PARO affirms the agreement, if in order, otherwise return to OARMO for appropriate action

Transmit ed LHC to DARMO for registration and annotation at the ROD

106

Handbook on Land Tenuris! Instruments

LTIs Issued By DAR

The MARO, within W working days from the date of meeting and conference, gather additional data, information, documents or pieces of evidence necessary to support the existence or non-existence of tenancy relationship, laking into consideration the

six essential requisites of agricultural tenancy relations

Prepare the LHDF and the concomitant recommendation and transmit the same-to DARPQ together with the certification from BARe or Barangay Council declaring the

rnedlatton conference failure (L TI-LHO Form No. 14)

", .r: : .... _ ... ,',

- '; I~' ~,'~

Within 20 working days from the receipt of the LHDF and MARO recommendation, the PARO shall render his decision either adopting the MARO's recommendation or promulgate his own decision

If the decision denies the existence of tenancy relationship

If the decision favors the existence of tenancy relationship

Original action before the Adjudicator is needed

Decision shall be in the form of Implementation Order

The Decision and Implementation Order of the PAROshall be final and executory after the lapse of 15 working days from receipt of a copy tMeroof,. unle!lS rejected by the perty ~

adversely affected. The Implernentatien Order shall remain executory unless and tlntJI the PARAD rules otherwise

107

LANO REGISTRATION AUTHORITY AND REGISTRY OF DEEDS

The Land Registration Authority is the agency mandated by Philippine laws with the task of preserving the integrity of the land registration process and protecting the sanctity of the Torrens Title. It is the central depository of all lands records. Through its offices nationwide, all records are kept" of its instruments affecting registered and unregistered lands as well as chattel mortgages affecting movable properties.

ESsential FUnctions of the Land R.egistration Authority & Register of Deeds

• The Land Registration Authority is the agency charged with the efficient execution of the laws relative to the reg.istration of lands. The Registers of Deeds are the "field offices"

• The LRA and the registries of deeds are involved in the original registration of lands and subsequent transactions involving both private and public lands.

• The LRA and the offices of the Registers of Deeds perform judicial and quasijudicial functions. The LRA issues decrees of registration upon final judgment by a court of competent jurisdiction. The Register of Deeds issues the corresp6nding ori9inal Certificate of Title.

System of Land Registration in the Philippines

• Under the Torrens system of registration that is observed in the Philippines, the tltle of the grantee or transferee of a parcel of land is made binding against the whole world, including the government as soon as the deed of transfer shall have been presented and registered in the Office of the Registrar of Deeds.

Land Registration, Governing Law

• PO 1529 (Property Registration Decree) issued on June 11, 1978 is the governing law on land registration.

- the processes and provisions of old laws such as the Cadastral Act ( under Act 2259), the Public Land Act (under Commonwealth Act No. 141) remain linked and are embodied in the same law.

- Recent laws like the CARL (RA 6657) and IPRA (RA 8371) were taken into account through Memorandum of Agreements and Joint Circulars with government agencies concerned

Meaning of Registration

• It Is the entry made In the books of the Registry which record solemnly and permanently the rights of ownership and other real rights.

108

Handbook on Land Tenurial Instruments

Functions of Registration

1. Publicity ~ serves to give notice to all persons from time to titl_1e of su~h registering, filing and entering that a certain party has or has acquired certain

rights or interests in the property. . .

2. Priority - serves to fix and determine t~e relative .nghts of the. p~~FI.eSt~het.ther

superior or subordinate, in relation to time follOWing the maxim Irs In rrne,

first in law". . .

3. Security - serves to provide registrants an archive for monument.s 0lf tltle'dnghts and interests in land recorded in the registry where the property IS ocate .

Kinds of Registration . .

1. Original registration or registration of title takes place when the title IS made of

public record for the first time in the name of its lawful owner.

a) Judicial

b) Administrative .

2. Subsequent registration or registration of deeds and claims over ~he landdta~:s place when the deed or instrument affecting land is made of public recor ar er

the date of its original registration.

a) Voluntary transactions

b) Involuntary transactions

R.egistration not a mode of acquiring ownership ..

• Insofar as the LRA and the Registers of Deeds are concerned, the operative

word is "REGISTRATION" .

• The purpose of registration is NOT the acquisition of lands but only the

registration of titles and deeds which the applicant already. possessed .over the land. Registration was never intended as a means of acquiring ownership.

Methods of registration

1. Transcription - is the entering in the registration book by the ~eglster of Deeds

of the original certificate of title duly numbered, dated, Signed and sealed

issued pursuant to a decree of registration, patent, award ~r grant .

2. Inscription - "annotation" is the recording on the certificate ?f tItled O(fE a

memorandum or an abstract of the instrument sought to be reglstere. x.

Deeds of sale)

Types and Names of Certificate of Title over land being issued: 1. Original Certificate of Title

- Free Paient Trtle

- Homestead Patent Title

_ Emancipation Patent (EP)

_ Certificate of Land Ownership Award (CLOA) _ Certificate of Ancestral Land Title (CAL T)

2. Transfer Certificate of Title (TCT - for subsequent registration).

Where the document conveys simple titte, such as In sales, donatlon~, ba~er or other conveyances, the Register of Deeds shall make out In the regls~ratlon book a new certificate of title to the grantee and shall prepare and deliver to

him an owner's duplicate of title.

Land Registration Authority and Registry of Deeds

109

1. CERTIfICATE OF ANCESTIlU DOMJUN TITLE/ANCESTRAL LAND TITlE

Legal Basis

• 1987 Philippine Constitution

• P, D. 1529 Otherwise known as the Property Registration Decree (Amending aM COdifying the Laws Relative to Registration of Property and for Other Purposes)

• R. A. B371 otherWise known as the Indigenous Peoples Rights Act of 1997

• Memorandum of Agreement dated August 28, 2002 between the Land

Registration AuthOrity and the National Commission on Indigenous Peoples

• Joint LRA-NCIP Memorandum Circular No. 01, series 2005 (MC, 2005)

• Jain! LRA-NCIP Memorandum Circular No.2, Series 2007 (MC, 2007)

• LRA Circular No. 13-2007

Registratioj, Procedures

1. Payment Of registration fees

2.. Submission of the following documentary requirements for Ihe registration of CAL Ts/CADTs:

a. Original and duplicate copies of the CADT/CAL T which must contain the required annotation/stamp under Section 56 of RA 8371 (Sec. 2.1 of MOA and Sec. 5 of MC, 2005)

b. Approved survey plan (Sec. 2.2, MOA). Either S.L. From No. 1000 V- 1 B approved by the Director of Lands or LMB Form No. GSD C-1 approved by the RTD of the DENR or ADO Form No.1 approved by the Director of Lands or duly authorized personnel

c. Certified copy of Technical Description (Sec. 2.3, MOA)

d. List of co-owners/co-heirs of CAL Ts which shall be listed alphabetically and number consequently from "1" onwards. (Sec 2.4, MOA)

8. Certified list of CADT holders (Sec. 2.5, MOA)

f. Certification from LRA that CADT/CAL T does not overlap decreed properties (Sec 2.6, MOA)

g. Cer1ification from DAR that CADT/CAL T does not overlap tilles issued by OAR (Sec 2.7, MOA)

h. Certification from DENR that the CADT/CALT does not overlap with titles issued by DENR. In cases where the DENR did not act on the draft survey plan submitted by NCIP for common projections, the Certification issued by NCIP under the Section 8 of MC 2007 shall instead be submitted in lieu of the DENR Certification. (Sec. 2.8, MOA; Sec 8, M.C. 2007)

i, Certification by NCIP that il has complied w1lh Section 52 (j) of RA 8371 and Resolution of NCIP approving the CADT/CAL T in case the CADT/CAL T overlaps with any proclamations, reservation or any other similar Issuances.

4. Signing of CALTs/CAOTs

5. Withdrawal of NCIP coordinator

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Handbook on Land Tenurial Instruments

CALT/CADT Registration Flow "

9. Releasing

2. CERTIFICATE OF LAND OWNERSmp AWARD

Legal Basis

• Philippine Constitution

• RA 6657 and its implementing rules and guidelines

• PO 27; RA 8532 and other allied laws

• PO 1529

• MOAexecuted by DAR and LRA

Procedures for Registration

1. DAR submits the following documents:

a. Covering letter

b. Original and owner's copy of CLOA

2. Register of deeds/deputy register of deeds signs the CLOAs

3. DAR representative withdraws the signed CLOAS

CLOA REGISTRATION FLOW

2. LRA CARP EXAMINER

Land Registration Authority and Registry of Deeds

111

3. PATENTS AND DEfREES (FREE PATENT, TOWNSITE SALES PATENT, MISCEllANEOUS SALES PATENT, DEfREES)

Legal Basis

• Philippine constitution

• PO 1529

• Allied laws; admlnlstrativs orders; executive orders; Implementing Rules;

Circulars, etc '

Procedures for Registration

1. DENI'1 representative submits the patents

2. Individual patentee/ awardee submits the following documents:

2. Certification from DENR, as to name of patentee/ awardee, etc;

5. Certificate of assessment from the provl ncial/city

, 3. DECREE OF REGISTRATION

Legal Basis

• Philippine Constitution

• PD 1592

Process for the Issuance of Decree of Registration

Entry Clerk

Examiner

Examiner

assessor;

c. Photocopy of the unsigned patents;

3. Payment of registration fees

4. Register of deeds/deputy register of deeds signs the patents

5. Individual patentee/awardee withdraws the signed patents

6. As for special patents and decrees, in lieu of item 1 above, it is the LRA which submits the Award of Patents/decrees; items 2 to 5 procedures above will apply.

Typist

Typist

How do we title the tax declaration?

All issues related to land titling shall be coursed to the proper agency (l.e .. DENR, DAR or NCI?)

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Handbook on Land Tenurial Instruments

Land Registration Authority and Registry of Deeds

113

DEFINITION OF TERMS

ALIENABLE AND DISPOSABLE LANDS refer to those lands of the public domain which have been the subject of the present system of classification and declared as not needed for forest purposes. (PO 705)

AN CEST RAL DOMAI NS refer to all areas generally belonging to I CCsJl Ps, subject to property rights within ancestral domains already existing and/or vested upon the effectivity of the IPRA. Ancestral domains comprise the lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs by themselves or through their ancestors, communally or individually since lime immemorial, continuously to the present, except wnen interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects or any voluntary dealings entered into by the government and private individualsl corporations, and which are necessary to ensure their economic. social and cultural welfare. It shall include ancestral lands. forests, pasture, restdentlal, agricultural, and other lands inclvldually owned Whether alienable and disposable or otherwise; hunting grounds: burial grounds; worship areas; bodies of water; mineral and other natural resources; and lands which may no longer be exclusively occupied by ICCS/IPs, but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators. (RA 8371)

ANCESTRAL LANDS refer to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously. to the present except when interrupted by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by government and private individuals/corporations including. but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots. (RA S371)

AREA CLEARANCE refers to the document issued by the concerned DENR Sectors. concerned Government offices indicating that the areas covered thereby are free and open for the grant of mining application.

AREA STATUS refers to the classification of the area covered by a mining applloatlon, whether It Is aUenable and disposable land, lImber or forest land, public or private land as issued by the DENR or ooncerned government Offloe/s, and whether or not such lands are covered with validJexlsting/explred/abandoned/cancelied mining rights or claims as issued by the MGB.

CERTIFICATE OF ANCESTRAL DOMAIN TITLE (CADT) refers to a title formally recognizing the rigl1ts of possession and ownership of ICCs/IPs over their ancestral domains identified and delineated in accordance with this law. (RA 8371)

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CERTIFICATE OF ANCESTRAL LAND TITLE (CALT) refers to a title formally recognizing the rights of ICCs/1 Ps over thei r ancestral lands. (RA 8371 )

COMMERCIAL FOREST PLANTATION refers to any land planted to timber producing species, including rubber, and/or non-timber species such as rattan and bamboo, primarily to supply the raw material requirements of existing or proposed public or private forest-based industries, energy-generating plants and related industries. (RA 8371)

COMMUN.AL CLAIMS refer to claims on land, resources and rights thereon belonging to the whole community within a defined territory. (RA 8371)

COMMUNITY INTELLECTUAL RIGHTS refer to the rights of ICCs/IPs to own, control, develop and protect (a) the past, present and future manifestations of their cultures, such as but not limited to, archeological and historical Sites, artifacts, designs, ceremonies, technologies, visual and performing arts and literature as well as religious and spiritual properties; (b) science and technology including. but not limited to, human and other genetic resources, seeds, medicine. health practices, vital medicinal plants, animals and minerals. indigenous knowledge systems and practices, resource management systems, agricultural technologies, knowledge of the properties of fauna and flora, oral traditions, designs. scientlfrc discoveries; and, (c) language, script, histories, oral traditions and teaching and

learning systems. (RA 8371) ..,

CUSTOMARY LAWS refer to a body of written or unwritten rules. usages, customs and practices traditionally observed, accepted and recognized by respective ICCs/IPs. (RA 8371)

CUSTOMS AND PRACTICES refers to norms of conduct and patterns of relationships or usages of a community over time accepted and recognized as binding on all members. (RA 8371)

DIRECT COMPULSOR.Y HEIRS refers to the surviving spouse of the original homestead grantee or his children and descendants or illegitimate children who must prove their filiation in accordance with the provisions of the Family Code. In the absence of all the foregoing, the surviving parents of said original homestead grantee.

ECOTOURISM is a form of sustainable tourism within a natural and cultural heritage area where comm unity partJ ci patlan. protection and management of natural resources, culture and Indigenous knowledge and practices, environmental educatlon and ethics, as well as economic benefits are fostered and pursued for the enrichment of host communities and the satisfaction of visitors. (DAD 2007-17)

FOREST LANDS include the public forest, the permanent forest or forest reserves, and forest reservations. (PO 705)

Definition of Terms

115

FOREST OFFICER means any official or employee of the Bureau who, by the nature of his appointment or the function of the position to which he is appointed, is delegated by law or by competent authority to execute, implement or enforce the provisions of this Code, other related laws, ·as well as their implementing requlatlons. (PO 705)

FOREST PRODUCT means timber, pulpwood, firewood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other forest growth such as grass, shrub, and flowering plant. the associated water, fish, game, scenic, historical, recreational and geologic resources in forest lands. (PO 705)

FOREST RESERVATIONS refer to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes. (PO 705)

FREE AND PRIOR INFORMED CONSENT shall mean the consensus of all members of the ICCs/IPs to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the plan/program/projecl/aclivity, in a language and process understandable to the community. The FPIC is given by the concerned ICCS/IPs upon the signing of the Memorandum of Agreement (MOA) containing the conditions/requirements, benefits as well as penalties of agreeing parties as basis for the consent. (RA .8371 )

GRAZING LAND refers to that portion of the public domain which has been set aside, in view of the suitability of its topography and vegetation, for the raising of livestock.

INDIGENOUS CULTURAL COMMUNITIESIINDIGENOUS PEOPLES refer to a group of people or homogenous societies identfled by se.lf-ascription and ascription by others, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial. occupied, possessed and utilized such territories, sharing common bonds of language, customs, traditions and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads bf colonization, non-indigenous religions and cultures, became historically differentiated from the majofi;ty of Filipinos. ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or COlonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain sorne or all of their own seolal, economlo, cultural and political Institutions, but who mt;ly have been displaced from their traditional domains or who may have resettled outside their ancestral domains; (RA 8371)

INDIGENOUS CUI- TURAL COMMUNITY refers to a group of people sharing common bonds of language, customs, traditions and other distinctive cultural traits. and who have, since time immemorial, occupied, possessed and utilized a territory. (RA 7586)

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Handbook on Land Tenurial Instruments

INDIGENOUS KNOWLEDGE SYSTEMS AND PRACTICES refer to systems, institutions mechanisms, and technologies comprising a unique body of knowledge' evolved through time that embody pattems of relationships. between and among peoples and between peoples, their lands and resource environment, including such spheres of relationships which may. include social, politic~l, ?ultural, economic, reli gious spheres, and which are the dl rect outcome of the .lnd Igen~us peoples, responses to certain needs consisting of ~dapti~e. mec~ant.sms whl?h have allowed indigenous peoples to survive and thrive within their given SOCIOcultural and biophysical conditions. (RA 8371)

INDIVIDUAL CLAIMS refer to claims on land and rights thereon which have been devolved 10 individuals, families and clans including, but not limited to, residential lots, rice terraces or paddies and tree lots. (RA 8371)

LEASE is a privilege granted by the State to a person to oc~upy an~ P?ssess, in consideration of a specified rental, any forest land of the public domain In order to undertake any authorized activity therein.

LICENSE AGREEMENT is a privilege granted by the State to a person to utilize forest resources within any forest land with the right of possession and occupation thereof to the exclusion of others, except the government, but with the corresponding obligation to develop, protect and rehabilitate the same in accordance with the terms and conditions set forth in said agreement. (PO 705)

LICENSE is a privilege granted by the State to a per~on to utilize for~st resources as in any forest land, without any right of occupatmn and possession over ~he same, to the exclusion of others, or establish and operate a wood-processing plant, or conduct any activity involving the utilization of any forest resources. (PD

705)

MINERAL LANDS mean any area where mineral resources are found and mineral resources refers to any concentration of ores, minerals and/or rocks with proven or .potential economic value.

NATIONAL INTEGRATED PROTECTED AREAS SYSTEMS (NIPAS) i~ t~e classification and administration of all designated protected areas to mamtal.n essential ecological processes and life-support systems, t~ preserve g~net~c diversity, to ensure sustainable use of I'esource~ found therein, and to maintain their natural conditions to the greatest extent possible. (RA7586)

NATIONAL PARK refers to a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any f~rm of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the scenery, the natural and htstortc objects, wild animals and plants therein and to provide enjoyment of these features in such areas. (RA 7586)

Definition of Terms

117

NATIVE TITLE refers to pre-conquest rights to lands and domains which, as far ' back as memory reaches, have been held under a claim of private ownership by ICCs/IPs, have never been public lands and are thus indisputably presumed to have been /leld that way since before the Spanish Conquest. (RA 8371)

NATURAL RESOURCES refer to life support systems such as, but not limited to, the sea, coral reefs, soil, lakes, rivers, streams and forests as well as useful products found therein such as minerals, wildlife, trees and other plants, including the aesthetic attributes of scenic sites that are not man-made. (RA 8371)

NON-GOVERNMENT ORGANIZATION (NGO) refers to a private, non-profit voluntary organization that has been organized prirnarlly for the delivery of various services to the ICCs/IPs and has an established track record for effectiveness and acceptability ill the community where it serves. (RA 8371)

PEOPLES' ORGANIZATION refers to a private, non-profit voluntary organization of members of an ICC/IP which is accepted as representative of suchICCs/IPs. (RA 8371)

PERMANENT FOREST OR FOREST RESERVES refer to those lands of the public domain which have been the subject of the present system of classification and deterrnlned to be needed for forest purposes. (PO 705)

PERMIT is a short-term privilege or authority granted by the State to a person to utilize any limited forest resources or undertake a limited activity with any forest laM without any right of occupation and possession therein. (PO 705)

PRIVATE RIGHT means or refers to titled rights of ownership under existing laws, and in the case of primitive tribes, to rights of possession existing at the time a license is granted under this Code, which possession may include places of abode aM worship, burial grounds, and old clearings, but excludes production forest inclusive of logged-over areas, commercial forests and established plantations of forest trees and trees of eoonomic value. (PO 705)

PROTECTED AREA refers to identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biOlogical diversity and protected aga.inst destructive human exploitation. (RA 7586)

PUBLIC FOREST is the mass of lands of the public domain which has not been the subject of the present system of classificaUon for the determination of which lands are needed for forest purposes and which are not. (PO 705)

SELF~GOVERNANCE refers to the right of ICGs/IPs to pursue their economic, social, and cultural development; promote and protect the integrity of their values, practices and institutions; determine, use and control their own organizational and oommunlty leadership systems, institutions, relationships, patterns and processes for decision making and partlcipatlon, such as, but not limited to, Council of Elders, Bodong Holders, Dap-ay, Ator, Council of Mangkatadong, or any other body of similar nature. (RA 8371)

118 Handbook on Land Tenurial Instruments

SMALL.SCALE MINING refers to mining activities that rely heaviiy on manual labor using simple tools and methods, having an annual production not .e~ceeding 50,000 metric tons of are, and an investment of not more than Php 10 million.

SPECIAL USE AGREEMENT IN PROTECTED AREAS a binding instrument between the DENR through the PAMS as the first party, and a second party as defined in Section 7 of DAD 2007-17.

SPECIAL USES include activities and introduction of development as mentioned in Section 5 of this oAO and consistent with the Protected Area Management Plan (PAMP). (DAO 2007-17)

SUSTAINABLE TRADITIONAL RESOURCE RIGHTS refer to the rights of ICCs/IPs to sustainably use, manage, protect and conserve: a) land, air, water, and minerals; b) plants, animals and other organisms; c) collecting, fishing and hunting grounds; d) sacred sites; and e) other areas of economic, ceremonial and aesthetiC value in accordance with their indigenous knowledge, belief systems, and practices. (RA 8371)

TIME IMMEMORIAL refers to a period of time when as far back as memory can go, certain ICCs liPs are known to have occupied, possessed and utilized a defined territory devolved to them, by operation of custom law or inherited from their ancestors, in accordance with their customs and traditions. (RA 8371)

TITLE refers to the legal right to ownership of property. A title can also mean the document itself, which confers such right of ownership to an individual or association.

TOWNSITE RESERVATIONS is a tract of land surveyed and approved by the Director of Lands under the direction of the DENR and proclaimed by the President of the Republic of the Philippines as a new site of a town.

WATERSHED is a land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-off. (PO 705)

WATERSHED RESERVATION is a forest land reservation established to protect or improve the conditions of the water yield thereof or reduce sedimentation. (PD 705)

Definition of Terms

119

FAQs ON REGIONAL AUTONOMY

1. What is regional autonomy?

Regi?nal autono~y rn~ans a regional government that has certain powers, functions and duties gIVen by the national government in order to make the auto~om()us region more developed. Therefore, Regional Autonomy for the Cor~lIlera would mean tha~ the region will have its own regional government that IS ~mpowered to exercise powers, and functions in order to further develop the region and allow Ihe people to decide for themselves how and what kind of development will be pursued.

Regional Autonomy, however, does not mean that the regional government will be jndapendent and separate from the national government. The regional gover~m~nt can only exercise those powers that are allowed by the Constitutlo n.

Under the Constitution only the Cordillera and Muslim Mindanao can become autohom.~us regions that will consist of provinces, cities, municipalilies, and ge~graphlcal areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics ..

2. How will autonomy be achieved?

congress will have to pass first an organic act" which is a law that will establish an autonomous region. The organic act will be submitted to the people in a plebiscite.

In the plebiscite. the people will vote either yes or no, indicating whether or not the orqarnc act should be approved. Only those provinces, cities and areas that will vote in favor of the organic act wlllbs included in the autonomous region.

Th~c.reation of an Autonomous Region snail take effect when approved by a majority of Ihe votes cast by the constituent units.

3. What were, the reasons for the rejection of the two organic acts?

Accordi~glO many studies and as validated by Regional Development Council s autonomy pulse survey, both Organic Acts (Republics Act 6477 and 8~38) were mainly rejected due to lack of understanding and appreciation of their contents and that there was not enough time for the people 10 study their provlslons,

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Handbook on Land Tenurtst Instruments

4. What are the basic principles of autonomy?

According to key leaders, the five basic underlying principles of autonomy include the following:

a. to ensure sustenance of our regional identity that covers our cultural heritaqa, customs and traditions;

b. that the abilltles and powers we are exercising under existing laws, like the Local Government Code, will not be removed nor diminished;

c. National Government line agencies will continue to function within the region and will remain to be funded nationally. The only thing that will differ is thai the supervision, teamwork and coordination will be under the regional government;

d. to speed-up our socio-economic development, with subsidy package from the national government; and,

e. the national government will continue to provide for the budgetary needs of the Cordillera Autonomous Region other than the subsidy package, to ensure its sustainabitity.

5. What is the scope of authority and responsibility of the autonomous region?

The autonomous region is a corporate entity having jurisdiction devolved to it by the Constitution, as follows:

a. Administrative organization;

b. Creation of sources of revenues;

c. Ancestral domain and natural resources:

d. Personal, family and property relations;

e. Regional urban and rural planning development;

f. Economic, social and tourism development;

g. Educational policies;

h. Preservation and development of the cultural heritage;

i. Powers, functions and responsibilities now being exercised by the departments of the natiorial government as may be authorized by law for the promotion of the general welfare of the people of the region

6. What government powers cannot be devolved to an autonomous region?

a. Foreign affairs

b. National defense and security

c. Postal service

d. Coinage and fiscal and monetary policies

e. Quarantine

f. Customs and tariffs

g. CItizenship

h. Naturalization, immigration and deportation

i. General auditing, civil service and elections

j. Foreign trade

FAQs On Regional Autr1nllmy

121

7. Will there still be funds to be appropriated by the National Government to the autonomous regional government?

The national government will still continue its annual allotment to the regional government and devolved regional line agencies, and in addition, provide the autonomous government annual assistance. This is among the provisions of RA 8438, the second organic act, which can be-carried in the next organic act.

8. What are the sources of revenues of the autonomous region?

Among the sources of revenues that an autonomous government can avail of are the following:

a. Appropriations and otlier budgetary aids from the national government;

b. Share In the proceeds from the development and utilization of the national wealth within the region;

c. Share in revenues generated from the operation of public utilities within the r-egion as may be determined by law;

d. Block grants derived from economic agreements or conventions authorized by the regional government, donations, endowments, foreign assistance, and other forms of aid, subject to the Constitution and national laws;

e. Fees and charges that may be imposed by the regional government.

9. Is the regional govemment empowered to generate other sources of revenues?

The regional government shall h-ave the power to create its own sources of revenues and to levy fees and charges except the power to impose taxes, subject to such guidelines and limitations as the Constitution and whatever the Organic Act may provide, consistent with the basic policy of local autonomy.

lO.What happens to the regional offices when CAR becomes autonomous?

Existing regional offices shall continue to exist and be funded by the national government and perform their regular mandates. However, the regional governor shall have direct administrative supervision over these regional offices.

l.1.lf COrdillera becomes autonomous, will Be,nguet, being the richest province in CAR, end up financially 5upporthlg the entire region?

AU loca! government units will continue receiving their share from the national wealth. The Local Government Code provides for lawful partitions.

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Hondbook an Land Tenurial Instruments

12.How is autonomy different from federalism?

Regional autonomy is the establishment of a regional government for people living in areas who share a distinct culture, history, heritage and soclo economic conditions.

Federalism Is a political system in which several states or regions are grouped together to form afederal state due mainly to geographic location. It is more of a geographical grouping than grouping by common culture and history.

While there exists some measure of self-governance within a slate/region, the different state/regional governments shall be under a federal government that will exercise power over the former.

13.Cao an autonomous region exist in a federal form of government?

Yes. According to Senator Aquilino Pimentel, Jr. an autonomous government is still possible within a federal form of government.

14. Will an autonomous set up be a fallback for retiring politicians?

It m~¥ be an ~Iternative but the decision is up to-the Cordillera citizenry. Any qualified Cordilleran has equal opportunity and privilege to run for an office as the others.

Ultimately, it is the people of the region upon whose right of suffrage is bestowed who will decide on who shall administer and manage the region to insure good governance, quality administration and excellent service.

lS.The Cordillera Autonomous Government provides so much promise. How can we protect It from bad governance, especially from traditional politicians?

Bad governance can be avoided through stronger vigilance and active participation by the people in regional government affairs.

16.Who is a Cordilleran?

In Ihe second organic act (RA 8438), the 1erm Cordfflerans shall apply to all Filipino citizens who are domiciled within the territory of the Cordillera Administrative Region.

FAQs on Regianal Autonomy

123

OFFICE DIRECTORY

NATIONAL COMMISSION ON INDIGENOUS PEOPLES Cordillera Administrative Region

2F Hillside Square, Km. 4, La Trinidad, Benguet; Phone No: (074) 422-4173 (fax) /422-1826 (admin)

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Cordillera Administrative Region

80 Diego Silang St., Sagu'io City;

Phone No: (074) 442-4531 /444-2806

lands Management Services

DENR-CAR, 80 Diego Silang St., Saguio City

Phone No.: (074) 442-8185/443-9321 (fax)! 4424253

Forest Management Services 80 Diego Silang St., Baguio City

Phone No: (074) 442-2353 I 443-9322 (fax)

Mines and Geosciences Bureau Diego Si'lang St., 8aguio City

Phone No: (074) 442-6392/ (074) 443-4277 (fax)

Protected Areas and Wildlife Management Service DENH-CAR, 80 Diego Silang St., Saguio City

Phone No: (074) 444-2754

DEPARMENT OF AGRARIAN REFORM Cordillera Administrative Reflion

51 Plaza Natalia, Naguilian Road, Baguio City Phone No: (074) 445-4497/ 300-3821 (fax)

REGISTER OF DEEDS- BAGUIO

City Hall, Baguio City

Phone No: (074) 442-6981 (fax)

REGISTER Q,F DEEDS - BENGUET Benguet Provincial Capitol

La Trinidad'. Benguet

Phone No: (074) 422-2182

COMMITTEE ON INDIGENOUS PEOPLES CONCERNS (CY 2009)

CHAIR:

CO-CHAIR:

VICE-CHAIR:

SECRETARY:

SECRETARIAT:

National Commission on Indigenous Peoples Banguet State University

National Economic Development Authority . Department of Education

National Commission on Indigenous Peoples and National Economic Development Authority

MEMBERS:

A. Agencies

1. Commission on Higher Education

2. Commission on Human Rights

3. Department of Agrarian Reform

4. DepartmeRt of Agriculture

5. Department of Environment and Natural Resources

6. Department of Interior and Local Government

7. Department of Labor and Employment

8. Department of Social Welfare and Development

9. Department of Tourism

10. Department of Trade and Industry

11. National Irrigation Association

12. National Statistical Coordination Board

13. Philippine Information Agency

14. Technleal Education and Skills Development Authority

B. StatefU n iversities/Colleges/ Academe

1. Apayao State College

2. Abra State Institute of Science and Technology

3. Cordillera Career Development College

4. Divine Word College - Barigued

5. lfuqao State College Agriculture and Forestry

6. Mountain Province state Polytechnic College

7. $aint Louis University

8. University of Saguio

9. University of the Cordilleras

10. Uhiversity of the Philippines - Cordillera Studies Center

11. University of the Philippines - Baguio

C. Non-Government Organizations

1. Baqulo-Benquet srcc

2. SHOUNTOG Foundation

3. TEBTEBA Foundation

TECHNICAL ,"\TORKING GROUP

Engr. Benjamin A. Ventura Engr. Alfredo I. Genefiano Engr. Saturn ina Villareal Rex G. SapIa

Rose Y. ApiNs

Helma D. Aboy

Recto O. Alawas Crislyn H. Zarate Esperanza L. Lupante

Eleanora Dictaan-Bangoa Salvador A Ramo

o

Safag-ey Claver Charles Picpican

DENR

NEDA

NefP

DAR

TEBTEBBA

ROD

DA-CHARMP

Rodo/fo P. Labarinto Gregorio P. Ariz III Gemma B. Yang Virginia L. Anceno

Julio K. Acoto Lloyd P. Riffera ,

Atty. Juanita K. Ampaguey Atty. Guerrero A. Felipe

CORDillERA ADMINISTRATIVE REGION