QuestionsQuestions (DAR JOINT DAR-DENR-LRA-NCIP ADMINISTRATIVE ORDER NO. 01, S. 2012)
It is issued pursuant to the constitutional framework and specifically cites R.A. No. 6657 (CARL) and R.A. No. 8371 (IPRA). Its purpose is to clarify, restate, and interface the respective jurisdictions, policies, programs, and projects of DAR, DENR, LRA, and NCIP to address jurisdictional and operational issues and conflicting claims, especially in contentious areas involving AD/AL and agrarian reform or public lands and titling/registration.
DENR has jurisdiction over all lands of the public domain (agricultural lands, forest/timber lands, national parks, mineral lands) except those placed by law or Executive Issuances under operational jurisdiction of other agencies. DAR and NCIP have jurisdiction over specific subsets based on the Order and referenced laws (CARL and IPRA).
DAR has jurisdiction over: (1) A&D lands devoted to or suitable for agriculture proclaimed/placed under DAR resettlement or by law, including turnover areas to DAR for CARP; (2) public domain lands in excess of Congress-set specific area limits; (3) government-owned lands devoted to or suitable for agriculture; and (4) all private lands devoted to or suitable for agriculture. These are further categorized as titled properties, resettlement areas and reservations, and untitled private agricultural lands.
NCIP is responsible for: (1) lands encompassed in the definition of ancestral domains (ADs); (2) lands included in ancestral lands (ALs); (3) lands covered by presidential proclamations or by law as reservations/resettlement areas of particular tribes; and (4) lands certified by NCIP Chairman as AD/AL pursuant to Section 52(i) of IPRA.
AD refers to areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and resources held under a claim of ownership since time immemorial to the present, subject to IPRA Section 56, and necessary for economic, social, and cultural welfare; it includes ancestral lands and other lands whether A&D or otherwise. AL refers to land occupied/possessed/utilized by individuals, families, and clans who are ICC members since time immemorial under claims of individual or traditional group ownership, subject to IPRA Section 56.
FPIC is the consensus of all members of an ICC/IP determined in accordance with customary laws and free from external manipulation or coercion, obtained after full disclosure of the plan/program scope in a language/process understandable to the community. Under Section 9, CARP support services may be made available to CARP CBC holders only after securing FPIC from affected ICCs/IPs, and similarly for community-initiated projects under validation procedures.
Property rights within AD/AL already existing and/or vested upon effectivity of IPRA must be respected, including titles issued administratively and judicially (e.g., EPs, CLOAs, Free Patents/Homestead Patents and other agrarian reform titles and DENR patents). Existing Resource Use Instruments (RUIs) such as contracts, licenses, concessions, leases, and permits may continue until expiry, but shall not be renewed without FPIC.
The CADT/CALT registered shall contain a proviso subject to IPRA Section 56, specifically quoting that existing property rights within ancestral domains already existing and/or vested upon effectivity of IPRA shall be recognized and respected.
NCIP must furnish DAR/DENR/LRA a copy of the original AD/AL survey plan for projection and verification before CADT/CALT approval. In the absence of technical problems, the DENR, DAR, and LRA have 30 days to return the plan with required certification/findings/recommendations. If overlap exists, NCIP requires segregation/exclusion of overlapped titled properties/approved surveys (approved surveys prior to Oct. 29, 1997), after which an amended plan is resubmitted for final projection; LRA/DENR/DAR have 15 days to return and issue certification of non-overlap, possibly extending time if meritorious.
If AD/AL is overlapped by a proclamation or reservation, the endorsement/certification should indicate in the survey plan the area covered by that proclamation/reservation so NCIP can comply with requirements on handling such overlaps and ensure accurate CADT/CALT technical descriptions.
DAR must notify ICCs/IPs through NCIP. If the ICCs/IPs register opposition/adverse claim, DAR must suspend such coverage until the issue is resolved.
Upon effectivity, implementation of LAD and issuance of CLOA by DAR, ancestral domain/ancestral land titling by NCIP, processing/issuance of patents by DENR, and registration of titles by LRA over identified contentious areas remain suspended unless resolved by the concerned joint provincial/regional or national committee. NCIP/DAR/DENR must submit complete lists of CADTs/CALTs, CLOAs, and FPs that are subject of the suspension.
A Joint National Committee on DAR-DENR-LRA-NCIP Concerns is created, composed of designated Undersecretaries of DAR and DENR, NCIP Commissioner/Executive Director, and LRA Deputy Administrator. It resolves jurisdictional, operational, and policy issues affecting issuance/registration of CADTs/CALTs. It can create joint special teams and joint regional/provincial committees. A separate Joint Special Order will define functions, membership, and arrangements, and joint committees must adopt win-win solutions.