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(NAR) VOL. 22 NO. 2, APRIL - JUNE 2011

[ DENR ADMINISTRATIVE ORDER NO. 2011-06, May 23, 2011 ]

PRESCRIBING THE GUIDELINES FOR THE IMPLEMENTATION OF PUBLIC LAND TITLING IN PARTNERSHIP WITH LOCAL GOVERNMENT UNITS



Pursuant to Executive Order No. 192 series of 1987, granting the DENR the power to promulgate rules and regulations necessary to facilitate public land titling and in order to provide more efficient land titling services to the public in further implementation of Commonwealth Act No. 141 otherwise known as the “Public Land Act”, Republic Act No. 10023 Residential Free Patent Law and Republic Act. No. 7160 the Local Government Code, the following rules authorizing local government units (LGUs) to facilitate titling of public lands hereby promulgated:

SECTION 1. Declaration of Policies - the implementation of this order shall be governed by the following policies:

1.1 The DENR shall remain as the primary government agency responsible for the conservation, management, protection, development and proper use of the country’s environment and natural resources and the promotion of sustainable development;

1.2  CA 141 and RA 10023 mandates the DENR to accept applications, process and approve or otherwise adjudicate untitled public alienable and disposable lands;

1.3 The DENR recognizes the invaluable role of the LGU in the attainment of its objectives to fast track the titling of public alienable and disposable lands, it shall provide them with opportunities to participate actively in the implementation of national programs and projects as provided under Sec. 3 paragraph (G) of the Local Government Code;

1.4 The DENR recognizes the need to improve land administration and management at the local level and shall facilitate technical and material assistance including assistance in coordinating national government programs as provided in Sec. 3 paragraph (K) of RA 7160;

1.5 The DENR acknowledges the virtue of creating partnerships with LGUs for the proper implementation of its mandate.

SECTION 2. Coverage -  This Order shall apply to the disposition of public lands under CA 141, RA 730 and RA 10023 in cities and municipalities that has been authorized by the DENR pursuant to Section 13 hereof to facilitate titling of public lands within their jurisdiction subject to the limitations set forth herewith.

SECTION 3. Definition of Terms -   As used in this Administrative Order, the terms enumerated below shall be defined as follows:

a. Adjudication - Is the administrative process of determining the validity of claims of ownership of land and other rights and interests in lands

b. Adjudicator - Duly designated DENR officer or duly deputized LGU personnel that undertakes the functions of interviewing land claimants, conducting ocular inspection of lands and assists land claimants in the preparation and organization of documents and evidence for public land applications.

c. Adjudication team - a group of land adjudicators composed of LGU and DENR personnel with at least one personnel from the CENRO and a Deputy Public Land Inspector from the LGU

d. Cadastral Office - Refers to the local land information office that may be created by the LGU under Sec. 9 to facilitate the titling activities under this Order.

e. Cadastral Council - Refers to the council that may be created in pursuance to Sec. 9 of this Order

f. Department - Refers to the Department of Environment and Natural Resources;

g.  Deputation - The delegation of official functions from an officer mandated by law to perform such function to another responsible and accountable officer peforming or mandated with other duties and responsibilities.

h. Deputy Public Land Inspector (DPLI) - A deputized public officer that has been delegated with the functions of a public land inspector and authorized as such to subscribe to oaths and conduct ocular inspections and investigations on matters involving public land adjudication and disposition

i. Express Lane - special processing procedure or system to fast track action on documents pertaining to LGU titling activities such as but not limited  to approval of surveys and certifications.

j. Order - as used herein, refers to this Department Administrative Order

SECTION 4. Role of the DENR -   In the attainment of the objectives of this Order the DENR shall:

a. Assign Land Management Officers (LMOs) from the CENROs, PENROs or Regional Offices to the LGU initiated titling program and the titling office that may be created;

b. Provide all the necessary and pertinent land records, surveys, maps and other data;

c. Provide technical assistance in the conduct of surveys, land adjudication, training and capacity building on public land administration and management;

d. Institute express lanes to facilitate the speedy approval of plans and issuance of certifications for LGU titling program;

e. Provide general control and supervision over the LGU titling program. The DENR field offices shall maintain approval and signing authorities in all phases of the patent application and adjudication process except those authorities given to deputized LGU officials;

f. Coordinate on the design and conduct of all necessary trainings for the implementation of this order with the Center for Land Administration and Management-Philippines (CLAMP).

g. Coordinate and update the Regional Development Councils on the implementation of public land titling in partnership with LGUs.

SECTION 5. Integration of the Local Titling Activity into the LGU’s Programs - The LGUs herein authorized shall facilitate the titling of public lands through an ordinance creating a local titling program, a titling office and adjudication teams. Such ordinance shall be a prerequisite for an LGU to avail of the assistance from DENR field offices. The ordinance shall also include provisions for manpower and other resources.

As much as practicable, the LGUs are hereby encouraged to create a land information office to facilitate exchange of information, reconciliation and reconstruction of data from diffrent local offices and national agencies in support of the titling program.

SECTION 6. Deputation - All Regional Executive Directors (REDs) are hereby authorized to deputize Local Government Unit (LGU) Officials that may be assigned to the titling program as Deputy Public Land Inspectors. Only LGU officials holding permanent positions shall be eligible for deputation.

The DPLI that will be deputized under this Administrative Order shall have all the duties, responsibilities and authority as any Public Land Inspectors of the Department but only within the jurisdiction of their LGUs.

SECTION 7. Procedure in Deputation - The following are the procedural steps for deputation:

a.  The LGU, through the Chief Executive shall identify and nominate the LGU officials for deputation and shall submit the names and qualifications to the RED through the CENRO and PENRO.

b. The CENRO shall review the list of nominees and shall forward this to the PENRO within 15 days. The PENRO shall review the recommendations of the CENRO and shall forward the recommendations of the CENRO together with his recommendations to the RED  within 15 days. The RED may request for additional information to aid him in the approval and issuance of the deputation order.

c. Upon submission to the RED, the RED shall, through the RTDs for Lands, authorize the conduct of the necessary training on the functions, mandates, authorities, duties and responsibilities of DPLIs. This training shall also include the processes and procedures in land adjudication, alternative dispute resolution, sporadic titling, mass titling and other innovative titling procedures.

d. Upon conclusion of the DPLI training, the RED shall issue the certificate of completion of training and the Deputation Order.

SECTION 8. Role of the DPLI - The DPLI or a composite land adjudication team with at least one (1) DPLI shall work the supervision of the Land Management Officer (LMO) assigned to the LGU titling program. They shall:

1. Liaise with, orient and mobilize the community to participate in the LGU titling program;
2. Coordinate wih the Barangay officials of the area under the titling program;
3. Process applications by undertaking adjudication activities such as:
a. Interviewing potential applicants and assisting them in the completion of Foms;
b. Conducting an ocular inspection of the land and preparing a Final Inspection Report;
c. Evaluationg the claim and supporting pieces and evidence and requesting further supporting evidence as required and
d. Assisting applicants in the preparation and subscription of supporting documents such as affidavits

4. Assist in the amicable resolution of disputes
5. Assist in land surveys and carry out field verification of field surveys in order to speed up plan approval whenever necessary.

SECTION 9. Procedural Steps in LGU Titling - The following are the steps in LGU systematic adjudication and titling:

1. Planning and budget preparation including work and financial plan
2. Community Preparation
3. Adjudication

a. Interview
b. Ocular Inspection
c. Parcel boundary agreement (if unsurveyed)
d. Survey (if unsurveyed)
e. Completion of application
f. Lot sketching
g. Field assessment

4. Submission of patent applications
5. Processing at CENRO
6. Processing and approval at PENRO
7. Registration at the Land Registration Authority

The procedures established under DAO 2007-09 “Prescribing the Systematic Adjudication Process to Simplify, Streamline and Fast Track the Disposition of Public Alienable and Disposable Lands through Free and Homestead Patents” and DAO 2009-05 “Prescribing Guidelines for the Systematic Disposition of Alienable and Disposable Residential Lands Through Miscellaneous Sales Application Under Republic Act No. 730” may be applied in suppletory manner whenever practicable.

SECTION 10. Creation of the Land Information Office - In the implementation of this order to facilitate a more efficient LGU titling program, the LGUs in partnership with the DENR, other government agencies and stakeholders may create a Land Information Office within their jurisdiction. The Office may provide accurate and up to date land information to support real property taxation, land transactions, resource management, development and conservation, zoning and land use, infrastructure, disaster management and business process and investments.

SECTION 11. Creation of Cadastral Councils - An advisory group composed of LGU, DENR and other agency officials including stakeholders may be formed to constitute a Cadastral Council that shall act as an advisory council to provide advice in the implementation of the LGU titling program. It shall have oversight functions and shall provide plans and programs to assist beneficiaries in after titling activities such as investments and asset management. The DENR shall provide any and all technical assistance to the cadastral council including access to maps and records pertinent to the jurisdiction of the council.

For this purpose, the RED is hereby authorized to enter into partnership agreement with the LGU, other government agencies and stakeholders to attain the objective of this Order.

The Council may be composed of the CENRO as the chairperson and the Local Chief Executive as the co-chairperson. The following are the recommended members comprising the Cadastral Council:

1. The Register of Deeds
2. The Municipal Agrarian Reform Officer (MARO)
3. The Executive Clerk of Court
4. The City/Municipal Chairperson of the Association of Barangay Captains (ABC)
5. The City/ Municipal Assessor
6. The City/Municipal Engineer
7. The City/Municipal Planning and Development Officer
8. The City/Municipal Environment and Natural Resources Officer (if the LGU has appointed one)
9. A representative of any local chamber of commerce
10. A representative of any local association of banks or financial institutions
11. A representative from a government bank or financial institution that services the area.

SECTION 12. Information Education and Communications Campaign - The CLAMP, in coordination with the Regional PAOs and PAOs in field offices are hereby ordered to conduct IEC campaigns for the dissemination of any and all matters pertinent to this order. They shall report to the RED the responses of GLUs and shall identify the LGUs that may be interested in an LGU facilitated titling program. They shall also publish in their regular regional publications the status of LGU titling programs.

SECTION 13. Grant of Authority - To carry out the purposes of this Order the Regional Executive Directors (REDs) that exercises territorial jurisdiction over the LGU are hereby authorized to:

1. Issue pertinent orders and grant authorities for the proper implementation of this Order.

2. To sign, in behalf of the Department, any and all the necessary partnership agreements with LGUs, stakeholders and other parties in the pursuit of the objectives of this Order.

SECTION 14. Repealing Clause - All orders, circulars, memoranda, and other issuances inconsistent herewith are hereby repealed and/or amended accordingly.

SECTION 15. Effectivity - This Order shall take effect 15 days after publication in a news paper of general circulation and acknowledgement of a receipt of a copy thereof in the Office of the National Administrative Register (ONAR).


Adopted: 23 May 2011


(SGD.) RAMON JP. PAJE
Acting Secretary
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