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This document provides an overview of the constitutional and legal framework for land management in the Philippines. It discusses key points including:
- The Philippine constitution establishes both individual property rights and social justice principles related to land ownership and use.
- Land is classified into different types including agricultural, forest, mineral and national park lands. Agricultural lands can be alienated while forest and park lands require legislation to establish boundaries.
- The process for land conversion, titling, subdivision and management is outlined, involving both national agencies and local governments. Conversion of agricultural land requires approval from the Department of Agrarian Reform.
- Key laws governing land reform and management include the Urban Land Reform and Housing Act, Property Registration De
This document provides an overview of the constitutional and legal framework for land management in the Philippines. It discusses key points including:
- The Philippine constitution establishes both individual property rights and social justice principles related to land ownership and use.
- Land is classified into different types including agricultural, forest, mineral and national park lands. Agricultural lands can be alienated while forest and park lands require legislation to establish boundaries.
- The process for land conversion, titling, subdivision and management is outlined, involving both national agencies and local governments. Conversion of agricultural land requires approval from the Department of Agrarian Reform.
- Key laws governing land reform and management include the Urban Land Reform and Housing Act, Property Registration De
This document provides an overview of the constitutional and legal framework for land management in the Philippines. It discusses key points including:
- The Philippine constitution establishes both individual property rights and social justice principles related to land ownership and use.
- Land is classified into different types including agricultural, forest, mineral and national park lands. Agricultural lands can be alienated while forest and park lands require legislation to establish boundaries.
- The process for land conversion, titling, subdivision and management is outlined, involving both national agencies and local governments. Conversion of agricultural land requires approval from the Department of Agrarian Reform.
- Key laws governing land reform and management include the Urban Land Reform and Housing Act, Property Registration De
REALTOR / APPRAISER / CONSULTANT REBL# XIII-ADN-001 RB REAL# XIII-ADN-001 RA RECL# XIII-ADN-001 CONSTITUTIONAL AND LEGAL FRAMEWORK The authority for land management activities in the Philippines rests on explicit Constitutional and legal provisions. Approach to and strategies in land management are anchored on Traditional property rights of individuals which are covered by the constitutional mantle of protection, and Social justice precept enshrined in the highest law of the land. To promote social justice, land as property is placed under State regulation, affecting its various aspects such as acquisition, ownership, use, and disposition (Article XIII, Section I on Social Justice and Human Rights).
Urban Land Reform and Housing policy thrusts Urban land reform shall be a long-term and continuing programme and shall have as its prime objective the promotion of the common good; Programme shall focus on the provision of affordable decent housing, basic services and adequate employment opportunities to under- privileged and homeless citizens in urban and resettlements areas; and The implementation of the programme shall be reconciled with the rights of small property owners which shall be respected. (Article XIII, Section 9 on Urban Land Reform and Housing Act) Lands of the public domain are classified into Agricultural, Forest or timber, Mineral lands, and National parks. Agricultural Lands Only agricultural lands are allowed to be alienated, for which purpose, the government is mandated to classify them by legislation. In the determination of the size of lands of the public domain which may be acquired, developed, held or leased, including the appropriate conditions therefore, the requirements of agrarian reform, conservation, ecology, and development are directed to be taken into account. (Article XII, Section 3). Forest Lands & National Parks The legislative body is constitutionally directed to legislate the limits and boundaries on the ground of forest lands and national parks. After such legal prescription, these valuable land resources shall be conserved and may only be increased or diminished by the issuance of another legislation. (Article XII, Section 4). Other Land Resources In the disposition or utilization of other resources, including lands of the public domain under lease or concession suitable for agriculture, the State is required whenever applicable, to be guided by the principles of agrarian reform or stewardship. Land resources include water, communal marine and fishing resources - the Constitution likewise covers them and adopts as a State policy their protection, development and conservation (Article XIII, Section 7 on Agrarian and Natural Resources Reform). A. Basic Framework of Land Management Land management encompasses various aspects which interact with and influence each other. Land tenure Land ownership and transfer Land titling and registration Land Sub-division
1. Land Tenure Types of Land Tenure 1. absolute ownership (known also as fee simple or freehold), and 2. less than absolute, i.e., subject to certain limitations, qualifications or restrictions. Examples: Leasehold - where possession or occupation is with rental (various terms, time period, and conditions) and Usufruct - where possession or occupation is without rental. 2. Land Ownership and Transfer Ownership of land is a privilege that pertains only to individuals and corporations or associations legally qualified to acquire or hold lands of the public domain. Exception: hereditary succession. Only natural born citizens of the Philippines may acquire lands in the country. Exception: Batas Pambansa 80 where former natural born citizens who have since renounced their Filipino citizenship may acquire residential lands for as long as they do not exceed 1000 square meters, or 1 hectare if agricultural land. 3. Land Titling and Registration Torrens System, and System of recording unregistered lands. Under the Torrens system, land conveyance is effected through registration in the Registry of Land Titles and Deeds which has an office in every city and municipality. 4. Land Sub-Division The sub-division of titled land may be done under the 1. Property Registration decree (PD 1529, June 1978) and 2. Subdivision and Condominium Buyers Protective decree (PD 957, July 1976). The power to approve subdivision plans was devolved to cities and municipalities by the Local Government Code (Art 447, para.2(x), Article 459, para.2(x)). Government Land Management Activities land use allocation; land reclassification, acquisition and disposition; and land conservation or development, and land taxation and regulation. 1. Land Use Allocation Land use allocation of both government-held or privately- owned properties is undertaken by local government units as authorized by the Local government Code of 1991 (Republic Act 7160). Responsibilities of LGUs 1. Municipalities and component cities shall adopt a comprehensive land use plan in coordination with the approved provincial comprehensive land use plan. In consonance thereto, they shall also enact integrated zoning ordinances. (Section 447, para 2 (vii)) 2. Highly urbanized and non-component cities shall adopt a comprehensive land use plan for the city and enact an integrated zoning ordinance in consonance thereto. Land use allocation activities are subject to the standard setting, review of, and conflict resolution powers of the Housing and Land use Regulatory Board (HLURB). The comprehensive land use plans are required to be the primary and dominant bases for the future use of land resources. The requirements of food production, human settlements and industrial expansion shall be considered in such plan. 2. Land Conversion or Reclassification Land conversion from agricultural to other uses is effected through the power of reclassification of lands by local government units, exercised by passing an ordinance, after conducting appropriate public hearings. 19 Land Use Conversion vs Reclassification Agricultural land use conversion The undertaking of any development activity which modifies or alters the physical characteristics of agricultural lands to render them suitable for non-agricultural purposes with an approved order of conversion issued exclusively by the Department of Agrarian Reform DAR) Reclassification of agricultural lands The act of specifying how agricultural lands shall be utilized for non- agricultural uses such as residential, industrial, or commercial through the local planning and zoning processes pursuant to RA 7160 and subject to the requirements and procedure for conversion. It is equivalent to land sub-classification for classified lands of the public domain and also includes the reversion of non-agricultural lands to agricultural use Reclassification shall be allowed only where the land has ceased to be economically feasible and sound for agricultural purposes; or where the land shall have substantially greater economic value for residential, commercial or industrial purposes as determined by the local legislative body concerned.
Agricultural lands already distributed to land reform beneficiaries under the Comprehensive Agrarian Land Reform Law are not covered by these provisions. (RA 7160, Sect.20) 21 Maximum Percentage of the Total Agricultural Land That May Be Reclassified For highly urbanized and independent component cities, fifteen percent (15%); For component cities and first to third class municipalities, ten percent (10%); and For fourth to sixth class municipalities, five percent (5%). % of total agricultural land area which may be reclassified by LGU 22 Agricultural lands that should not be reclassified Agricultural lands distributed to agrarian reform beneficiaries subject to Section 65 of RA 6557; Agricultural lands already issued a notice of coverage or voluntarily offered for coverage under CARP. Agricultural lands identified under AO 20, s. of 1992, as non-negotiable for conversion as follows: All irrigated lands where water is available to support rice and other crop production; All irrigated lands where water is not available for rice and other crop production but within areas programmed for irrigation facility rehabilitation by DA and National Irrigation Administration (NIA); and All irrigable lands already covered by irrigation projects with form funding commitments at the time of the application for land conversion or reclassification. Lands which should not be reclassified 23 DAR Officials authorized to approve/ disapprove Conversions Regional Director for lands NMT 5 hectares DAR Undersecretary for Legal Affairs for lands exceeding 5 hectares up to 50 hectares; and DAR Secretary for lands exceeding 50 hectares. 24 Documentary requirements for Conversion Certified true copy of the Original or Transfer Certificate of Title Location plan with technical description MARO Certification of no tenants or farmworkers on the land; and Zoning Certification of the concerned City/Municipality that the land is inside the City/ Municipal zone. 25 CARP LAW AND AGRARIAN REFORM ACT 26
Republic Act No. 8532. An Act Instituting a Comprehensive Agrarian Reform Program to Promote Social Justice And Industrialization, Providing the Mechanism for its Implementation, and for Other Purposes (1988)
Republic Act No. 7881. An Act Amending Certain Provisions of Republic Act No. 6657 (1995). - amended the section on exemption from CARP coverage
Republic Act No. 7905. An Act To Strengthen The Implementation of the Comprehensive Agrarian Reform Program, and for Other Purposes. (1995) - Created & funded Office of Support Services
AGRARIAN REFORM LAWS What is CARP? - the Agrarian Reform Program of the government for the landless farmers and farmworkers welfare to directly or collectively own the lands they till or for the farmworkers to receive just share of the fruits on the land they are tilling. 28 Agrarian Reform refers to the redistribution of lands to farmers and regular farmworkers who are landless irrespective of tenurial arrangement regardless of crops or fruits produced to lift the economic status of the beneficiaries and all other arrangement alternatives to the physical redistribution of lands (production or profit-sharing, labor administration, distribution of shares of stock) that will allow just share of fruits of the lands they work on 29 all public and private agricultural lands, regardless of tenural arrangement and commodity produced, specifically as follows: All alienable lands of the public domain devoted or suitable for agriculture All lands of the public domain in excess of the limits set by law All other lands owned by the Government devoted to or suitable for agriculture; and All private lands suitable for agriculture regardless of agri-products raised CARP Coverage and Scope 30 Agricultural lands those lands that are devoted to agricultural activities and not classified as mineral, forest, residential, commercial or industrial lands. Retention limits Landowner NMT 5 hectares; Landowner children NMT 3 has. per child Corporation on lease, management grower or service contract NMT 1,000 hectares Foreign individuals on lease, management grower or service contract NMT 500 has. 31 Children/Dependent Qualifications At least 15 years old No land ownership; and Actually tilling the land or directly managing the farm Lands exempted from the retention limits Those covered by PD No. 27 landowners are allowed to keep the original land retained Those owned by original homestead grantees or their compulsory heirs at the time of the CARP approval, provided there is a continuous cultivation thereof. 32 Lands actually, directly and exclusively used for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves Private lands actually, directly and exclusively used for prawn farms and fishponds provided they have not been distributed and Certificate of Land Ownership Award (CLOA) issued to agrarian reform beneficiaries under the CARP. Lands exempted from the CARP coverage (RA 7881) Lands actually, directly and exclusively used and found to be necessary for national defense, school sites and campuses, including experimental farm stations operated by public or private schools for educational purposes, seeds and seedling research and pilot production center, church sites and convents appurtenant thereto, mosque sites and Islamic centers appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms actually worked by the inmates, government and private research and quarantine centers and All lands with eighteen percent (18%) slope and over, except those already developed 34 Retention limits in case of marriage Under the Civil Code in the absence of an agreement for the judicial separation of property, spouses who owns conjugal properties may retain a maximum of five (5) hectares However, if either or both of them have more than five (5) hectares from their respective landholdings, it must not exceed ten (10) hectares 35 Under the Family Code (Effective on August 3, 1988) Husband owning capital property and/or a wife owning paraphernal property may retain not more than five (5) hectares each; provided, a judicial separation of properties prior to their marriage was executed In the absence thereof; all properties whether capital, paraphernal and conjugal shall be considered to be held in absolute community (ownership relationship is one) and shall only have a total retention of five (5) hectares COMPREHENSIVE AGRARIAN REFORM PROGRAM EXTENSION WITH REFORMS (CARPER) RA 9700 AUGUST 2008 CARPER amends the original agrarian reform policy Land distribution program is extended by five years. Provision for voluntary land transfer is abolished - No More Voluntary Land Transfer (VLT) after June 30, 2008 Jurisdiction of various departments was clarified, as was the role of the Supreme Court. Only the Supreme Court can issue restraining orders against government agencies in agrarian reform cases. Stronger oversight is provided by a Congressional Committee Creation of a Joint Congressional Oversight Committee to oversee the implementation of the law Clear Policy against Land Conversion of Irrigated and Irrigable Lands from agriculture to other uses Gender-Sensitive Agrarian Reform - Specific mandates to promote and protect the interests of rural women Phasing Schedule of Land Acquisition and Distribution (LAD) To Ensure Completion by June 14, 2014 Encourage Empowerment and Organizing of Farmer Beneficiaries Individual Award of Titles to farmers Ensuring Installation of Farmer Beneficiaries Indefeasibility of all agrarian reform titles (indefeasibility - not liable to be annulled or forfeited) Recognition of Farmers Legal Standing in all courts and legal bodies Improved Budget for Support Services, More Access to Socialized Credit, Subsidies to New ARBs Additional Prohibited Acts on Circumvention of CARP Implementation Prohibited Acts The ownership or possession, for the purpose of circumventing the provisions of this Act, of agricultural lands in excess of the total retention limits or award ceilings by any person, natural or juridical, except those under collective ownership by farmer-beneficiaries; The forcible entry or illegal detainer by persons who are not qualified beneficiaries under this Act to avail themselves of the rights and benefits of the Agrarian Reform Program Any conversion by any landowner of his/her agricultural' land into any non-agricultural use with intent to avoid the application of this Act to his/her landholdings and to dispossess his/her bonafide tenant farmers: The malicious and willful prevention or obstruction by any person, association or entity of the implementation of the CARP; The sale, transfer, conveyance or change of the nature of lands outside of urban centers and city limits either in whole or in part after the effectivity of this Act, except after final completion of the appropriate conversion under Section 65 of Republic Act No. 6657, as amended. The date of the registration of the deed of conveyance in the Register of Deeds with respect to titled lands and the date of the issuance of the tax declaration to the transferee of the property with respect to unregistered lands, as the case may be, shall be conclusive for the purpose of this Act; The sale, transfer or conveyance by a beneficiary of the right to use or any other usufructuary right over the land he/she acquired by virtue of being a beneficiary, in order to circumvent the provisions of this Act; The unjustified, willful, and malicious act by a responsible officer or officers of the government through the following: The denial of notice and/or reply to landowners; The deprivation of retention rights; The undue or inordinate delay in the preparation of claim folders; or Any undue delay, refusal or failure in the payment of just compensation; The undue delay or unjustified failure of the DAR, the LBP, the PARC, the PARCCOM, and any concerned government agency or any government official or employee to submit the required report, data and/or other official document involving the implementation of the provisions of this Act, as required by the parties or the government, including the House of Representatives and the Senate of the Philippines as well as their respective committees, and the congressional oversight committee created herein; The undue delay in the compliance with the obligation to certify or attest and/or falsification of the certification or attestation as required under Section 7 of Republic Act No. 6657, as amended; and Any other culpable neglect or willful violations of the provisions of this Act.
3. Land Acquisition To increase the pool of its land resources, the Urban Development and Housing Act of 1992 (RA 7279) provides that the modes of acquiring lands shall include land swapping, land assembly or consolidation, land banking, donation to the Government, joint-venture agreement, negotiated purchase, and expropriation. Land Swapping refers to the acquisition by exchanging land for another piece of land of equal value, or for shares of stock in a government or quasigovernment 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 values are determined based on land classification, market value and assessed value taken from existing tax declarations. more valuable land owned by private persons may, however, be exchanged with less valuable lands to carry out the objectives of RA 7279. Administrative Code of 1987 (EO 292) empowers the President to reserve for settlement or public use any of the lands of the public or private domain Land Assembly or Consolidation refers to the acquisition of lots of varying ownership through purchase or expropriation, for the purpose of planned and rational development and socialized housing programmes 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 programmes. Expropriation or eminent domain Resorted to only after other modes of acquisition shall have been exhausted, and parcels of lands owned by small property owners are exempted from expropriation. Small property owners are defined by the law as those whose only real property consists of residential lands not exceeding 300 square meters in highly urbanized cities and 800 square meters in other urban areas. (RA 7279, Section 3, para.q) Eminent domain may be exercised for public uses or purpose, or welfare, for the benefit of the poor and the landless, upon payment of just compensation. Immediate possession of the property may be effected upon the deposit with the proper court of at least 15% of the fair market value of the property based on the current tax declaration of the property to be expropriated. The amount to be paid for the property expropriated shall be determined by the proper court, based on the fair market value at the time of the taking of the property (RA 7160, Section 19). 4. Land Disposition Depending on the nature and occupancy status of the land, the various modes of land disposal used by the DENR are as follows: a) Sales Patent. This involves the 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 awardee shall enter, break and cultivate at least 1/5 of the land within 5 years from the date of the award. b) Homestead Patent. Introduced by the American colonizers to expedite settlement of the undeveloped areas in the country, it involves 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. An 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. This provides an opportunity for those who have claims to title to present their case voluntarily before the courts which 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 Land development activities are governed by both national laws and local ordinances. Policy and standard setting, review of local development plans and zoning ordinances and resolution of land use conflicts are vested in a national agency, the Housing and Land Use Regulatory Board (Executive Order 648). The preparation of local development plans, land use plans and zoning ordinances are vested in the cities and municipalities. Except those for non-component cities and municipalities and highly urbanized cities, these land use plans are required to conform with the comprehensive provincial land use plans. Cities and municipalities are also authorized, subject to national laws, to process and approve sub-division plans for residential, commercial or industrial and other development purposes. (Article 447, para.2(vii) and Article 458, para.2(vii), Local Government Code.) 6. Conservation of Lands Land conservation is as much a part of land management as land development and its regulation. Conservation of lands is effected through the declaration of parks and open spaces, green belts and buffer zones, including the preservation of historical and cultural landmarks, with or without improvements. The Department of Agricultures Integrated Protected Area System (IPAS) seeks to protect prime agricultural lands all over the country from indiscriminate conversion to other uses. The rationale is the need to ensure food security and to maintain ecological balance. THANK YOU