LAND USE & MANAGEMENT

PD 1517: URBAN LAND REFORM

Development Rights – refers to the right to use and/or develop land and improvements thereon to more
intensive and profitable use.

Land Assembly – the acquisition of lots of varying ownership for better planning and development
unrestricted by individual boundaries.

Land banking – the acquisition of land in advance of actual need based on present value for future
planned development

Urbanizable land – refer to sites which, considering present characteristics and prevailing conditions,
display a marked and high probability of becoming urban lands within five to ten years.

CRITERIA FOR URBAN LAND

 Cities and municipalities - population density of at least 1,000 person per square kilometer where
at least 50% of economically active population are engaged in non-agricultural activities.

 Barangays comprising a former poblacion - with a population density of more than 500 but less
than 1,000 persons per square kilometer where at least 50% of the economically active
population are engaged in non-agricultural activities.

AUTHORITY TO PROCLAIM URBAN AND LAND REFORM ZONE

President of the Philippines

Proclamation No. 1893 (Marcos) -declared the entire Metro Manila as urban land reform zone.
Amended by Proclamation No. 1967, which limits the applicability of the Urban Land Reform Law to
only 244 Areas for Priority Development (APD).

NOTE : RA 7279 (Lina Law or UDHA), under President Corazon, covers all urban and urbanizable
area while under PD1517 (Pres. Marcos), it covers only Areas of Priority Development (APD)

TRANSACTION IN URBAN LAND REFORM ZONES

 Any sale, lease or mortgage, including the proposed price, rental or encumbrance, requires prior
approval of the Housing and Land Use Regulatory Board.
 The HLURB shall have the pre-emptive right to acquire lands in urban land reform zones.
TENANT’S RIGHT TO FIRST REFUSAL

Tenants of urban land on which they construct their residences shall have the priority right to buy the land
if the following requisites are present:

 They are legitimate tenants;

 They have occupied the land for at least ten years;
 The land is within an urban land reform zone; and
 The landowner is selling the land.

RA 7279: URBAN DEVELOPMENT HOUSING ACT

“LINA LAW” March 24, 1992

Declaration of Policy: to provide for a comprehensive and continuing urban development and housing
program, establish the mechanism for its implementation, and for other purposes.

Purposes:

 Uplift conditions of underprivileged and homeless citizens in urban and resettlement areas through
decent housing at affordable cost, basic services, and employment opportunities
 Rational use and development of urban land:
o Equitable utilization of residential lands in urban and urbanizable areas with particular
attention to the needs and requirements of the underprivileged and homeless citizens, and
not merely on the basis of market forces
o Optimization of the use and productivity of land and urban resources
o Development of urban areas conducive to commercial and industrial activities which can
generate more economic opportunities for the people
o Reduction in urban dysfunctions, particularly those that adversely affect public health,
safety and ecology
o Access to land and housing by the underprivileged and homeless citizens
 Adopt workable policies to regulate and direct urban growth and expansion towards a dispersed
urban net and more balanced urban-rural interdependence
 Provide for an equitable land tenure system that shall guarantee security of tenure to program
beneficiaries but shall respect the rights of small property owners and ensure the payment of just
compensation
 Encourage more effective people’s participation in the urban development process
 Improve the capability of local government units in undertaking urban development and housing
programs and projects

Exemptions:

 Those included in the coverage of RA 6657 (CARP) – agricultural land

 Those used for national defense and security of the State
 Those use, reserved or otherwise set aside for government infrastructures (national or local), unless
they have not been used for the purpose of which they have been reserved or set aside for the past
10 years
 Those used or set aside for maintenance of ecological balance or environmental protection (parks,
reserves for flora and fauna, forests and watersheds)
  Those primarily used for special purposes (religious, charitable, educational purposes, cultural and
historical sites, hospitals, health centers, cemeteries, memorial parks)

National Urban Development and Housing Framework – the comprehensive plan for urban and
urbanizable areas aimed at achieving the objectives of the program which reviews and rationalizes town
and land use plans, housing programs that may substantially affect urban land use patterns, transportation
and public utilities, infrastructure, environment and population movement

Land inventory and Acquisition, according to priority:

 Government-owned lands
 Alienable lands of the public domain (agricultural land)
 Unregistered or abandoned and idle lands
 Those within the APDs, ZIPs, SIPs, which have not yet been acquired
 BLISS sites which have not yet been acquired
 Privately- owned lands

Modes of Land Acquisition:

 Community mortgage
 Land swapping
 Land assembly or consolidation
 Land banking
 Donation to the government
 Joint venture agreement
 Negotiated purchase
 Expropriation – last to resort, when all modes have been exhausted already

Land Disposition Limitation

 No land and improvement, and rights attached to them, for socialized housing, shall be sold,
alienated, conveyed, encumbered or leased by any beneficiaries;
 otherwise, the transaction is considered null and void, and the beneficiaries lose their rights to the
land, forfeit the total amortization paid, and shall be barred from the benefits under this act for 10
years from the date of violation.

Socialized Housing Eligibility of Beneficiary:

 Filipino citizen
 Underprivileged and homeless
 Does not own any real property whether in urban or rural areas
 Is not a professional squatter or a member of squatting syndicates

Private Sector Participation

Developers of proposed subdivision projects are required to develop an area for socialized housing
equivalent to at least 20% of the total subdivision area, or total subdivision project cost, within the same
city or municipality
Incentives:

 Reduction and simplification of qualification and accreditation requirements

 One-stop-offices in the different regions of the country for processing, approval and issuance of
clearances, permits and licenses
 Simplification of financing procedures
 Exemption from payment of: project related income taxes, CGT, VAT, transfer tax, and donor’s
tax of rawland and project

Penal Provision: P5,000-P100,000 and/or 6 years imprisonment, or both

RA 6657: COMPREHENSIVE AGRARIAN REFORM PROGRAM

CONCEPT OF AGRARIAN REFORM

 The redistribution of public and private agricultural lands, regardless of produce and tenurial
arrangement, to landless farmers and regular farm workers, to include support services and other
arrangements alternative to distribution of land such as production / profit sharing, labor
organization, or distribution of shares of stock.

EXEMPTIONS AND EXCLUSIONS

 Lands actually, directly and exclusively used for pawn farms and fishponds provided that they have
not been distributed and Certificates of Land Ownership Award (CLOA) issued to agrarian reform
beneficiaries.
 Lands devoted to the raising of livestock, poultry or swine.
 Agricultural lands reclassified either as residential, commercial or industrial thru zoning ordinance
approved by the Housing and Land Use Regulatory Board before June 15, 1988.
 Agricultural lands with 18% slope or more.
 Lands actually, directly and exclusively used and found necessary for national defense, school sites,
church sites, mosque sites, communal burial grounds, and penal colonies.

RETENTION LIMITS

1. Maximum Area, General Rule –

 Landowners entitled to retain not more than five hectares;

 three hectares may be awarded to each child of the landowner who is at least fifteen years old as
of June 15, 1988;
 and actually tilling the land or directly managing the farm.

 Exemptions –allowed bigger retention:

 Landowners who were covered by then PD 27 shall be allowed to keep the original seven hectares
retained by them.

 Original homestead grantees or direct compulsory heirs who still own the original homestead shall
retain the same areas as long as they continue to cultivate said areas.
DIFFERENTIATE PD 27 and RA 6657
---------------------------------------------------------------------------------------------------------------------------

PD 27 RA 6657
1.Title Emancipation Decree Comprehensive Agrarian Reform Program
2.President of the Phils. President Marcos Pres. Corazon Aquino
3.Coverage Only rice and corn All agricultural lands regardless of produce
4.Ownership Private land only Private and public
5.Owner’s retention 7 hectares 5 hectares
6.Children none 15 years old and above actually tilling and
managing the farm
7.Area for beneficiary 5 hectares if 3 hectares only
unirrigated and
3 hectares if irrigated
---------------------------------------------------------------------------------------------------------------------------

3. Retention of Spouses

 For marriages covered by the Civil Code – in the absence of an agreement for absolute separation
of property before the marriage, spouses who own only conjugal properties may retain a maximum
of five hectares from such properties. However, if ever or both of them are landowners in their
respective rights (meaning the husband and the wife own capital and paraphernal lands,
respectively), each of them retain a maximum of five hectares from their respective lands, but in
no case shall the total retention of said couple exceed ten hectares.

 For marriages covered by the Family Code (August 3, 1988) – if the spouses executed an agreement
for absolute separation of properties before the marriage, the husbands who own capital lands and
the wife who owns paraphernal lands, may each retain maximum of five hectares from their
respective properties. In the absence of ante-nuptial agreement for absolute separation of properties,
all properties belonging to said spouses can retain only a total of five hectares.

COMPENSATION TO LANDOWNERS

 Land Valuation – as may be agreed upon between the landowner and Department of Agrarian, as
may be determined by the court.

 Mode of payment (at option of landowner):

a. Cash Payment:

Above 50 has. 25% cash and balance in government negotiable instruments

Above 24 to 50 has. 30% cash and balance in government negotiable instruments
24 has. and below 35% cash and balance in government negotiable instruments

b. Land Bank preferred shares or bonds

c. Shares of stock in government corporations
d. Tax Credits
VALID TRANSACTION OF AGRICULTURAL LAND

1. When the area consists 5 hectares or less, the sale requires DAR clearance.
2. When the area is five hectares or less but buyer will use the land for non-agricultural purpose, or
when the area, consist of more than five hectares regardless of the buyer’s intended utilization,
what is required is DAR conversion.
3. Sale by agrarian reform beneficiaries (ARBs) – In all cases, lands awarded to ARB’s may only be
sold by them after the issuance of DAR clearance, subject to the following policies:
a) Any change from agricultural use shall not be allowed except with the DAR approval under
its rules of conversion.
b) The buyer will not exceed aggregate ownership ceiling of five hectares.
c) If the ARB was identified as tenant as of October 21, 1972 and amortizations were fully
paid, the land may be sold by the original tenant or heirs regardless of the date of issuance
of Emancipation Patent.
d) If the land was identified as tenanted after 1972, the sale may be allowed only after ten
years from the date of recognition of tenants.

VOLUNTARY OFFER TO SELL

 Landowners whose lands subject for coverage under R.A 6657 may voluntarily offer their lands
for sale to the government. However, lands for which notices of coverage have already been sent
by the government and received by the landowner shall no longer be considered as voluntary
offered lands.
 The DAR may reject voluntary offer to sell under the following circumstances:
a. The land is not suitable for agriculture or is undeveloped, and has a slope of more than
18%
b. When there are no takers or willing agrarian reform beneficiary for valid reasons, such as
peace and order situation in the area.

Withdrawal of voluntary offer to sell no longer allowed after the letter offer for VOS is received by DAR,
except when the landholding is determined by DAR to be more suitable for a townsite, resettlement site or
institutional site needed to address a matter of national interest or concern in a calamity situation.

CONVERSION AGRICULTURAL LAND

Areas Non-Negotiable for Conversion

 Agricultural lands within protected areas designated under the National Integrated Protected Area
System (NIPAS), including watershed and recharged areas for acquifiers, as determined by DENR.

 All irrigated lands, as delineated by the Department of Agriculture (DA) and/or National Irrigation
Administration (NIA), where water is available to support rice and other crop production, and all
irrigated lands where water is not available but within areas programmed for irrigation facility
rehabilitation by the DAR and / or NIA.

 All irrigable lands with irrigation facilities operated by private organizations.

Areas Highly Restricted for Conversion –

 Irrigable lands not covered by irrigation projects with firm funding commitment.
 Agro- industrial croplands, or lands presently planted to industrial crops that support the economic
viability of existing agricultural infrastructure and agro-based enterprises.
 Highland or areas located in the elevation of 500 meters or above and have the potential for growing
semi-temperate and usually high value crops.
 Environmentally critical areas (ECAs) as determined by the DENR.
 Lands issued with notice of valuation and acquisition, or subject of a perfected agreement between
the landowner and the beneficiaries under voluntary land transfer/direct payment scheme
(VLT/DPS) under the Comprehensive Agrarian Reform Program

Application for conversion involving areas highly restricted from conversion shall require, apart from the
standard requirements, a project feasibility study and environmental compliance certificate (ECC) if within
ECAs.

Priority Development Areas

 Irrigable lands not covered by irrigation projects with firm funding commitment.
 Tourism development areas (TDAs)
 Sites identified and proposed to be developed by local government units into socialized housing
projects which are presently used for agricultural purposes.
 Agricultural areas intended for ECOZONE Projects pursuant to R.A. 7916
 In priority development areas, an ECC shall not be a pre-condition to the approval of the conversion
application; instead, it shall form part of the conditions thereof where applicable.

Officials authorized to Approve/Disapprove Conversion:

 The DAR Regional Director for areas of not more than five hectares.
 The duly authorized DAR Undersecretary for areas above five hectares but not more than fifty
hectares.
 The DAR Secretary for areas of more than fifty hectares, except for those highly restricted from
conversion, which shall be subject to his approval regardless of the area.

RA 9700: CARPER
Extension of CARP, August 7, 2009

CARP is a continuing program.

 It will only end when all agricultural lands have been distributed to landless farmers and that the
tenancy system has been converted to ownership.
 What ends in RA 6657 is the funding for CARP, and CARPER is the law that will provide funding
needed to implement CARP. CARP will not end after 5 years, and even when the land acquisition
and development (LAD) is completed, DAR will continue with the delivery of support services and
agrarian justice.

Creation of a Joint Congressional Oversight Committee

from members of the House of Representatives and the Senate, to closely monitor implementation of CARP
and address cases involving the law.
Clear Policy Against Conversion of Agricultural Land
strengthens the ban on any conversion of irrigated and irrigable lands, and mandates the National Irrigation
Administration to identify these. Non-implementation or violation of the conversion plan will result to
automatic coverage of the subject by CARP. Penalty is P200,000-1M and.or 6-12 years imprisonment.

Gender Sensitive Agrarian Reform

recognize the rights of rural women to be beneficiaries of the CARP and to have meaningful participation
in its planning and implementation.

150-B Budget for CARPER Implementation

Phasing Schedule of LAD to Ensure Completion by June 14, 2014

No More Voluntary Land Transfer (VLT) after June 30, 2009 – main modes of land acquisition will
now be: Compulsory Acquisition and Voluntary Offer to Sell

Retention Limit Exemption of LGUs

 LGUs except barangays can own agricultural lands beyond the 5-hectare limit set by CARL, to be
used for public purposes.
 The use must be: 1) actual, direct and exclusive; 2) consistent with the approved comprehensive
land use plan. If the land is covered under CARP and the LGU wants to use it for public purpose,
it must be expropriated first and the farmers therein must be justly compensated. The law on
conversion will still apply.

Tenants and regular farmworkers are first priority beneficiaries.

Individual Titles of Award – CLOA, Emancipation Patent

GUIDELINES ON CONVERSION OF AGRICULTURAL LANDS TO NON-AGRICULTURAL

USES

Reference: DAR Adm. Order No. 12 issued on 24 October 1994

A. Situations where conversion may be allowed:

a. If situated within the non-agricultural zones of a town plan/zoning plan/land-use plan;

b. If located within the agricultural zone, conversion allowed only:
a. When land ceased to be economically feasible and sound for agricultural purposes as
certified by the Department of Agriculture;
b. When the locality has become highly urbanized and the land will have a greater economic
value for residential, commercial or industrial purposes, as certified by the LGU.
c. In case there is no town plan/zoning map as yet, the dominant use principle is adopted;
d. In case the town plan/zoning map/land-use plan was approved by the HLURB before June
15,1988,then only exemption clearance will be necessary pursuant to DOJ Opinion No. 44, series
of 1990, as implemented by DAR AO#6, issued 27 May 1994;
e. In all cases:
i. Submit DENR certification that the proposed conversion is ecologically sound;
ii. Tenants/farmers beneficiaries, if any, shall be entitled to a disturbance compensation of at
least five (5) times the gross value of all the crops harvested by farmer concerned during
the last five (5) preceding calendar years;
 iii. Land development shall be 5 hectares per year but not to extend beyond 5 years for projects
exceeding 25 hectares.

B. Situations where conversion may not be allowed:

a. On irrigated lands where water is available to support rice and other crop production;
b. On irrigated lands where water is not available but within areas programmed for irrigation facility
rehabilitation by the DA or the NIA;
c. On irrigable lands already covered by irrigation projects with firm funding commitment at the time
of application for conversion or reclassification by the LGU;
d. On lands where DAR has issued a notice of acquisition;
e. On lands covered by Voluntary Offer to Sell (VOS) or by stock distribution option;
f. On lands covered by a perfected Voluntary Land Transfer (VLT) agreement.

C. The Conversion Process – General Rule

a. Activity: Land-use classification/zoning/town planning

b. Agency responsible: Municipality or City Government
c. Legal basis: RA 2264 (Local Autonomy Act); BP 337 (Local Govt. Code) and R.A.7160 (New
Local Government Code)
d. Activity: Review and approval of town plans/zoning ordinances
e. Agency responsible and legal basis:
i. HLURB (By E.O. 648)
ii. Province for component cities/municipalities (By RA 7160)
iii. HLURB for highly urbanized and independent component cities (By RA 7160)
f. Activity: Approval of change in actual use (conversion)
g. Agency responsible: Department of Agrarian Reform (DAR)
h. Legal basis: E.O. 129-A and R.A. 6657 (Comprehensive Agrarian Reform Program)

D. Who may apply for conversion

Owners of private agricultural lands or other persons duly authorized by the landowner

Farmer-beneficiaries of the Agrarian Reform Program after lapse of five (5) years from award, reckoned
from the date of registration of their landholdings, and who have fully paid their obligations and are
qualified under these rules, or persons duly authorized by them.

Government agencies, including government-owned or controlled corporations.

E. Coverage

The above rule shall cover all private agricultural lands regardless of tenurial arrangement and commodity
produced. It shall also include agricultural lands reclassified by LGUs into non-agricultural uses, after June
15, 1988, pursuant to Memorandum Circular No. 54 Series of 1993 of the Office of the President and those
proposed to be used for livestock, poultry and swine raising as provided in DAR Adm. Order No. 9, Series
of 1993.

SECTION 20(a) of R.A. No. 7160

Otherwise known as Local Government Code of 1992, empowers local government units (LGUs) to
reclassify agricultural lands in cases:
1. Where the land ceases to be economically feasible and sound for agricultural purposes as determined
by the Department of Agriculture, and
2. Where the land shall have substantially greater economic value for residential, commercial or
industrial uses as determined by the Sanggunian concerned.

DOJ Opinion No. 44 Series of 1990

Ruled that with respect to the conversion of agricultural lands covered by RA No. 6657 to non-agricultural
uses, the authority of DAR to approve such conversion may be exercised from the date of its effectivity on
June 15, 1988. Thus all the lands that are already classified as commercial, industrial or residential before
June 15, 1988 no longer need conversion clearance.

LAND MANAGEMENT SYSTEM

Land Tenure

 Absolute ownership (known also as fee simple or freehold)

 Less than absolute, or those subject to certain limitations, qualifications or restrictions – example:
leasehold, usufruct

Land Ownership and Transfer

 Ownership of land belongs only to those individuals, associations and corporations legally qualified
to acquire or hold lands of public domain.
 Exception to the rule are conveyances through hereditary succession
 Privilege is given to former natural-born Filipinos in terms of acquiring private lands in urban and
rural areas. (BP185 and RA 8179)

Land Titling and Registration

 Torrens System
 System of recording unregistered lands

Land Sub-Division

 Property Registration decree – PD 1529, June 1978

 Subdivision and Condominium Buyer’s Protected Decree – PD 957, July 1976

GOVERNMENT LAND MANAGEMENT ACTIVITIES

1. Land Use Allocation

Undertaken by LGUs, as authorized by RA 7160, or the Local Government Code of 1991

Tasked to adopt a comprehensive land use plan in coordination with the approved provincial comprehensive
land use plan, and enact integrated zoning ordinances.
2. Land Conversion or Reclassification

Only allowed where:

 land has ceased to be economically feasible and sound for agricultural purposes;
 land shall have substantially greater economic value for residential, commercial or industrial as
determined by the local legislative body concerned
 Land conversion from agricultural to other uses through reclassification by local government units,
limited to the following ranges of total agricultural land area at the time of the passage of ordinance,
and exclusive of those distributed to land reform beneficiaries:
o 15% for highly urbanized and independent component city
o 10% for component city or 1st to 3rd class municipality
o 5% for 4th to 6th class municipality

3. Land Acquisition

Land swapping, land assembly, land banking, donation to the government, joint-venture agreement,
negotiated purchase (UDHA, RA 7279);

Expropriation or eminent domain resorted to only after other modes of acquisition have been exhausted,
and exempts small property owners (categorized as those whose residential lands do not exceed 300 sqm.
for highly-urbanized and 800 sqm. in urban areas);

Just compensation; immediate possession is effected through payment of at least 15% of the FMV based
on the current tax declaration of the property to be expropriated.

Land Assembly or Consolidation - acquisition of lots of varying ownership through purchase or

expropriation, for the purpose of planned and rational development and socialized housing programs
without individual property restrictions.

Land Banking - acquisition of land at values based on existing use, in advance of actual need to promote
planned development and socialized housing programs.

Land Swapping - acquisition by exchanging land for another piece of land of equal value, or for shares of
stock in a government or quasi government corporation whose book value is of equal value to the land
being exchanged, for the purpose of planned and rational development and the provision for socialized
housing.

Land Disposition

Undertaken by the Department of Environment and Natural Resources (DENR)

a) Sales Patent - sale of lands to individuals, subject to conditions, aimed at minimizing speculation and
encouraging development. Done through public auction, the land is awarded to the highest bidder subject
to the condition that the awardees shall enter, break and cultivate at least 1/5 of the land within 5 years from
the date of the award.

b) Homestead Patent–gratuitously conveying to individuals, parcels of land subject to conditions

requiring residence in and cultivation of the land within a certain timeframe to ensure its development.
Upon the satisfaction of the conditions, the patent or conveyance eventually matures into a full title.
c) Free Patent- administrative process under the Public Land Act by which titles are “perfected” through
the awarding of a free patent. This is intended to benefit those who could not establish sufficient legal basis
for title, but had occupied the land for the length of time prescribed by law. This process is available only
to native-born Filipinos.

d) Voluntary Confirmation - provides an opportunity for those who have claims to title to present their
case voluntarily before the courts that do not award the title but, as the name suggests, merely confirms it
on the basis of the evidence presented.

e) Compulsory Confirmation - due to the unsuccessful orderly conversion of lands with uncertain status
(for various reasons such as ignorance of the law, costs, etc.) the Cadastral Act was passed in 1913 where
the government declared specific cities or municipalities to be subject to comprehensive cadastral survey.
All lands in the local government unit were included in the survey and their claimants identified, in the
process.

5. Land Development and its Regulation

Housing and Land Use Regulatory Board (EO 648): the national agency that sets policies and standards,
reviews local development plans and zoning ordinances, and resolves land use conflicts;

Local government units (municipalities and cities): prepares local development plans, land use plans and
zoning ordinances, subject to conform with the comprehensive provincial land use plans, except for highly
urbanized and independent component cities.

LGUs are authorized to process and approve subdivision plans for residential, commercial or industrial,
and other development purposes

6. Land Conservation

Effected through declaration of parks and open spaces, green belts and buffer zones, including preservation
of historical and cultural landmarks, with or without improvements;

Integrated Protected Area System (IPAS): created by the Department of Agriculture to protect prime
agricultural lands all over the country from indiscriminate conversion to other uses, ensuring food security
and maintaining ecological balance.

Act 926, 1903 – the first Public Land Act.

 Homestead, free patent, sale and lease of public lands suitable for agriculture.

Act 496 – Feb. 1, 1903, Land Registration Act

 Torrens System; created the Court of Land Registration and Registrars of Deeds

1908- cadastral surveying

 The first cadastral survey project (Cadastral Project No. 1) was conducted in Pilar, Bataan

Act 1470 - Bureau of Lands mandated to administer the distribution of friar lands under Act 1120.

Act No. 2259 –1913, Cadastral Act

Act 2874 – 1919 (Amendment of Act 926)

  Second Public Land Act (Act 2874) - system of land classification and increased the homestead
area from sixteen (16) hectares to twenty four (24) hectares.

C.A. 141 –1936, Public Land Act

 Filipinos finally obtain titles to land they occupied - judicial and administrative
 Titles – homestead patents, free patents, sales patents

P.D. 1529 – June 11, 1978, Property Registration Decree (Governs until today)
 Update Act 496 and consolidate all other relevant laws on registration of property.
 Jurisdiction on applications for new titles given to the Regional Trial Courts.
 Expanded scope of registration to include – judicial confirmation of imperfect titles, cadastral
registration proceedings, voluntary proceedings, involuntary proceedings, certificates of land
transfer and emancipation patents from agrarian reform, and reconstruction of lost or destroyed
titles.

LAND MANAGEMENT BUREAU

LMB - agency under the DENR

 administering, surveying, managing, and disposing Alienable and Disposable (A&D) lands and
other government lands not placed under the jurisdiction of other government agencies.

R.A. 6516, 1972

 authorizing the district land officers in every province to sign patents not exceeding five (5)
hectares. More than two (2) million hectares of agricultural land was distributed by the Bureau of
Lands from 1970 to 1980.

EO 192 June 1987.

 organized the DENR
 The original Bureau of Lands District Land Offices were integrated to the field offices of the DENR
and the Bureau’s Central Office became the Land Management Bureau.
 The re-organized Bureau spearheaded the distribution of public agricultural lands through the
Comprehensive Agrarian Reform Program (CARP) distributing 1.32 million hectares to the rural
community.
LAND REGISTRATION AUTHORITY

 agency tasked with implementing the Torrens system of title registration.

 Field offices are called the Register of Deeds.
 Repository of all land titles.
 Evolutions.
o Act 496 in 1903 – creation of Court of Land Registration and Registrars of Deeds
o Act 2347 - transferred the jurisdiction of the Court of Land Registration to the Court of
First Instance and a new office called “General Land Registration Office (GLRO) was
established.
o RA 1151, June 17, 1954 - abolished the GLRO and created the Land Registration
Commission (LRC) under the jurisdiction of the Department of Justice.
o E.O. 649, Feb. 9, 1981 - reorganized the LRC into the National Land Titles and Deeds
Registration Administration (NLTDRA).
o On Sept. 30, 1988, a new presidential order changed the NLTDRA into the Land
Registration Authority (LRA).
o now has 2500 employees nationwide.
Sole purpose – implement and protect the Torrens system of land titling and registration.

 central repository of all land records involving registered or titled lands.

 issues decrees of registration pursuant to final judgment of the courts in land registration
proceedings and causes the issuance by a registrar of deeds the corresponding certificate of title;
 tasked to issue all subsequent or transfer certificates of title issued judicially or administratively;
 keeps the title history or records of transaction involving titled or registered lands
 exercises control over the disposition or alienation of registered lands in accordance with existing
government rules and regulations
 provides legal and technical assistance to the courts on land registration cases
 extends assistance to other agencies of the government in the implementation cases
 extends assistance to other agencies of the government in the implementation of the agrarian
program
 a revenue-collecting agency of the government.

The Land Titling Computerization Project -- currently on its Phase IV

1) Will allow query on the status of a land title to be made anywhere, anytime from any of the various
Registries of Deeds nationwide;
2) A shift from largely paper-based to a largely paperless system thereby securing tighter control over
land titles;
3) Will hasten the turn around time in the generation and issuance of land title.

One hundred eighteen (118) RDs are "on-live"

Land Title and Deeds transactions are processed and registered using the automated Philaris system.

TORRENS SYSTEM

Originally developed in 1857 by Sir Robert Torrens in Australia.

Act 496, 1903 - established the Torrens system in the Philippines for the following purposes -- .
1) To “quiet title to land” – to remove claims upon its legality, except for those annotated.
2) To put a stop to any question of legality of title, except claims noted at the time of registration or
which may arise subsequently;
3) The system does not create titles but confirms a title already created and vested rendering it
indefeasible.

Original registration

 Before a title can be registered for the first time, the proper proceedings are undertaken judicially
or administratively.
 Proceedings shall be “in rem” (an action to determine title to property and the rights of the parties
not merely among the parties to the lawsuit but also against all persons at any time claiming an
interest in that property. It determines rights in property that are conclusive against the whole
world. Action ”in rem” is permitted by a particular court only when that court has authority over
the property or when the courts jurisdiction extends to cover it. The judgment can only be against
the land and not its owner. Jurisdiction of a court can be exercised, only after parties who are
known to have an interest in the property are notified of the proceedings and have been given a
chance to present their claim to the court)
  Once a title is registered, it becomes the best evidence of ownership. After a registration is
completed, and there exists no fraud, there can be no more third party claimants. The owner may
rest secure.

Transfer of Ownership

Without a legal system of land registration, a sale of property is effected by a document called “Warranty
Deed” where seller warrants full ownership - could result in disputes, such as defective previous
conveyances, double-sale, illegitimate seller, etc., which requires lengthy judicial proceedings.

Under the Torrens system, such disputes are virtually inexistent, except in cases of fraud.

Registration of Conveyance Instruments

 Where a property is subject to a contract to sell which is not yet perfected, the conveyance
instrument should ideally be registered.
Section 50 of Act No. 496 - provides that the act of registration shall be the operative act to convey
and affect the land. Section 55 of the same Act requires the presentation of the owner's duplicate
certificate of title for the registration of any deed or voluntary instrument.

 If the owner refuses to surrender the duplicate certificate the grantee may file with the Register of
Deeds a statement setting forth his adverse claim, as provided for in Section 110 of Act No. 496.

Acquisition of Alienable and Disposable (A&D) public lands

– through the DENR

Under various laws which began with Act 966 in 1903, alienable and disposal agricultural public lands and
those which became residential in use could be acquired by eligible citizens of the Philippines through the
Patent system. The DENR (previously Bureau of Lands) issues various patents --

1) Free patent under CA 141

2) Free patent under RA 10023
3) Homestead Patent
4) Sales Patent
5) Miscellaneous Sales Patent
6) Miscellaneous Sales Patent under RA 730
7) Insular Government Property Sales
8) Foreshore Land Lease

(1) Free Patent – under CA 141 as amended by RA 6940

 acquisition through administrative confirmation of imperfect or incomplete title of A&D
agricultural land which the applicant has occupied and cultivated for at least 30 years and
had paid realty taxes thereon.
 Who could apply –
o natural-born citizens not being the owner of more than twelve (12) hectares of land
(previously 24 ha. Under CA 141)
 Process:
o Filing of the application with the CENRO
o survey of the land; submit plans and technical description,
 o affidavits of two (2) disinterested residents of the municipality where the land is located
o documentary evidence of possession or ownership.
o Posting of Notice for two (2) consecutive weeks in the provincial capitol, municipality and
in the barrio where the land is located.
 Free patent is signed by PENRO officer (up to 5 ha.); RED (up to 10 ha.); and DENR Secretary
(above 10 ha.). Signed patent is transmitted to the Register of Deeds for registration and issuance
of title in accordance with Sec. 103 of the Property Registration Decree (P.D. 1529).
 Under RA 6940, applications for Free Patent ended Dec. 31, 2000.

(2) Free Patent under RA 10023 – March 9, 2010

 Any Filipino citizen who is an actual occupant of a residential land may apply for a Free Patent
Title, provided that in

o highly urbanized cities, the land should not exceed 200 sqm;
o other cities - should not exceed 50 sqm
o first class and second class municipalities - should not exceed 750 sqm
o all other municipalities - it should not 1,000 sqm

o provided further, that the land applied for is not needed for public service and/or public
use.

 Application
o Supported by survey plan, technical description, affidavit of two disinterested persons
attesting that the applicant has, either by himself or through his predecessor-in-interest,
o actually resided on and continuously possessed and occupied, under a bona fide claim of
acquisition of ownership, the subject land for at least ten (10) years.

 Removal of Restrictions : Restrictions regarding encumbrances, conveyances, transfers or

dispositions imposed in CA 141, as amended, shall not apply to patents issued under this Act.

 Period for Application: CENRO within 120 days, forward to PENRO- 5 days to approve or
disapprove the patent.

(3) Homestead Patent under CA 141

Homestead Patent - initially a one-year tenure for agricultural lands of the public domain.
 Applicants are required to accomplish and file final proof after the expiration of one year and a
homestead patent is issued after the applicant has satisfactorily complied with the residence and
cultivation requirement of the law.
 Who may apply - Citizen of the Philippines, over 18 years of age or head of the family, not an
owner of more than 12 has. (Reduced to 3 has. by the application RA 6657 under DENR Memo
Circular No. 22 dated November 20, 1989).
 Homesteader must
o begin to work the homestead within six (6) months from approval
o must cultivate at least 1/5 of the area within one to five years; and
o must reside continuously for at least one year in the municipality where the land is located
or in an adjacent municipality.
  After fulfilling the residence and cultivation requirements, patent with complete technical
description of the land is prepared and signed (as above) and the patent is transmitted to the
Register of Deeds for registration and issuance of title.

Restrictions: "Section 118 of CA 141 -- . Except in favor of the Government or any of its branches, units,
or institutions, lands acquired under free patent or homestead shall not be subject to encumbrance or
alienation for a term of five years, nor shall they become liable to the satisfaction of any debt contracted
prior to the expiration of said period..

(4) Sales Patent

Sales patents for agricultural public lands disposable under Chapter V of C.A. 141, as amended, not more
than 12 hectares, may be acquired at public auction thru sealed bidding where an applicant has the
option to equal the highest bid.
 The land must be alienable and disposable, free from claims and conflicts, surveyed.
 Who may apply
o Any Filipino Citizen of legal age; if not of legal age, who is the head of the family.
 The awardee shall, by himself and not through share tenants, occupy and cultivate the land
immediately or not later than six (6) months from the date of the award, and shall so occupy and
cultivate the same continuously until the issuance of patent thereof, and shall have at least one fifth
(1/5) of the area actually occupied, imported and cultivated in order to be entitled to a patent.
 On submission of proofs of full payment of purchase price of the land, a Sales Patent in Judicial
Form No. 11 is issued and transmitted to the Register of Deeds concerned.

Note: Applicable to all kinds of sales applications. DAO 38, S-1990: Patents for 5 hectares and
below - signed by the Regional Executive Director; more than 5 hectares - signed by DENR
Secretary.

(5) Miscellaneous Sales Application

- covers lands of the public domain to be utilized for residential, commercial or industrial or other
productive purposes other than agricultural, disposable under Chapters IX & X of Commonwealth Act
No. 141, as amended.

 Land is sold at public auction thru oral bidding.

 Who may apply - Any Filipino citizen of legal age, or not of legal age but is the head of the family.

Note: Under the provision of the New Constitution, corporation or associations are not allowed
to acquire public lands thru purchase, only thru lease.

 The awardees shall commence the construction of the improvements appropriate for the purpose
for which the land is purchased within six (6) months from the receipt of the order of award and
shall complete the said construction within eighteen (18) months from the date of the award.
 After this is done, a Miscellaneous Sales Patent in Judicial Form No. 167 is issued and sent to the
RD.

(6) Miscellaneous Sales under RA 730

 R.A. 730 authorizes the Regional Executive Director of DENR to sell pre-occupied public land
if justified after due investigation, appraisal, review and concurrence by DPWH.
  Maximum area 1,000 sq.m.
 Miscellaneous Sales Patent in Judicial Form No. 167.
 Who may apply –
o Filipino citizen; at least 21 years of age; married, and if single
o must be the bread winner or head of the family
o Do not own any home lot in the city or municipality where the land applied for is located.
o Must have actually occupied in good faith the land applied for and constructed a house
thereon where he is actually residing.

(7) Insular Government Property Sales

 covers lands already titled in the name of the Government (patrimonial property of the
Government)
 to be utilized for residential or agricultural purposes disposable under Act 3038 and
 sold at public auction thru oral or sealed bidding.
 Who may avail
o Any Filipino citizen of legal age or is the head of the family.
o If approved, a Deed of Sale is issued.

(8) Foreshore Land Lease

 Land may be leased long-term for residential commercial, industrial, or other productive purposes
other than agricultural and disposable
 Lease shall be by public auction thru public bidding.
 Who may apply?
o Any Filipino citizen of lawful age.
o Corporation, association of partnership duly constituted under the laws of the Philippines
at least sixty per centum (60%) of the capital is owned by Filipino citizen.

(9) Acquisition of private agricultural lands through the DAR

 Land reform under RA 3844 in 1963, PD 27 in 1972, RA 6657 in 1988

 RA 9700 - the most recent extension of the agrarian reform law which expired in June 2014

ADVERSE CLAIMS

Section 110 of Act 496

 Not all kinds of claims can be registered.

 It must first be shown that the claimant has no other recourse in law to acquire title or possession.
 A claim of ownership of registered property that is based on prescription and adverse possession
can not be registered.

Purpose of Adverse Claim:

 The claimant’s right or interest in registered land is adverse to the registered owner;
 Such right or interest arose subsequent to the date of original registration; and
 No other provision is made in the Decree for the registration of such right or claim.
Requisites of Adverse Claim

The adverse claimant must state in writing

 his/her alleged right or interest;
 how and under whom such alleged right or interest was acquired
 the description of the land in which the right or interest is claimed, and
 the certificate of title number.

Such statement must be signed and sworn to before a notary public or other officer authorized to administer
oath.

The claimant shall state his/her residence or place to which all notices may be served.

Section 70 - PD 1529
The adverse claim shall be effective for a period of thirty (30) days from the date of the registration
and it may be cancelled in the following ways, among others:

 After the lapse of thirty days, upon the filing by the party in interest of a verified petition for such
cancellation. No second adverse claim based on the same ground may thereafter be registered by
the same claimant.
 Before the lapse of the thirty day period, when a party in interest files a petition for cancellation
before the Regional Trial Court. If after due notice and hearing, the court finds the claim to be
invalid, it will order the cancellation of the claim and may fine the claimant.

If a property is being contested by several parties in court, the subsequent annotation of a notice of lis
pendens on the certificate of title on file with the Register of Deeds also serves the purpose of an
adverse claim.