Question & AnswerQ&A (DAR JOINT DAR-DENR-LRA-NCIP ADMINISTRATIVE ORDER NO. 01, S. 2012)
The Order clarifies, restates, and interfaces the respective jurisdictions, policies, programs, and projects of the Department of Agrarian Reform (DAR), Department of Environment and Natural Resources (DENR), Land Registration Authority (LRA), and the National Commission on Indigenous Peoples (NCIP) to address jurisdictional and operational issues between and among these agencies.
The DENR has jurisdiction over all lands of the public domain including agricultural lands, forest or timber lands, national parks, and mineral lands, except those placed by law or other issuances under the operational jurisdiction of other government agencies.
DAR has jurisdiction over all alienable and disposable lands suitable for agriculture declared for DAR resettlement projects, lands placed by law under DAR, government lands devoted to agriculture, and private lands suited for agriculture, including titled, resettlement areas and reservations, and untitled private agricultural lands meeting specific criteria.
Ancestral Domain refers to all areas generally belonging to Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs), including lands, inland waters, coastal areas, and natural resources held under a claim of ownership, occupied or proposed by ICCs/IPs communally or individually since time immemorial, necessary for their economic, social, and cultural welfare.
FPIC is the consensus of all members of the ICCs/IPs, determined according to their customary laws and practices, obtained without external manipulation or coercion, after full disclosure of the intent and scope of a plan or project, given upon signing a Memorandum of Agreement outlining terms, benefits, and penalties.
It mandates projection and verification of survey plans among agencies, issuance of Certification of Non-Overlap prior to approval of CADT/CALT applications, exclusion or segregation of titled lands from ancestral domains and requires agencies to coordinate and notify each other to resolve jurisdictional and operational issues.
The LRA, DENR, and DAR issue endorsements or certifications specifying the details of overlap. The NCIP then segregates or excludes the overlapped titled properties from the survey plan and technical description of the ancestral domain/land before final approvals.
Holders of CLOA have ownership, can occupy, cultivate, and maintain possession of the land, and avail of agrarian reform support services. Their ownership is evidenced by the land title which contains conditions and restrictions for ownership.
The Joint National Committee on DAR, DENR, LRA, and NCIP Concerns is created to adjudicate jurisdictional, operational, and policy issues among the agencies regarding land titles and ancestral domain claims. It is composed of designated undersecretaries and officials from the respective agencies and may create special teams or regional committees for issue resolution.