QuestionsQuestions (DENR ADMINISTRATIVE ORDER NO. 2011-06)
DAO No. 2011-06 is issued pursuant to Executive Order No. 192 (1987), which grants DENR authority to promulgate rules and regulations needed to facilitate public land titling, and in further implementation of CA 141 (Public Land Act), RA 10023 (Residential Free Patent Law), and RA 7160 (Local Government Code).
DENR remains the primary agency for conservation and proper use of natural resources; it accepts/processes and adjudicates untitled public alienable and disposable lands (as mandated by CA 141 and RA 10023); it assigns Land Management Officers, provides land records and technical assistance, supervises the LGU titling program, institutes express lanes, coordinates trainings via CLAMP, and coordinates with Regional Development Councils.
It applies to dispositions of public lands under CA 141, RA 730, and RA 10023 in cities and municipalities authorized by DENR pursuant to Section 13 (authorizing facilitation of titling within their jurisdiction), subject to the limitations stated in the issuance.
Adjudication is the administrative process of determining the validity of ownership claims and other rights/interests in land. An adjudicator is a duly designated DENR officer or deputized LGU personnel who interviews claimants, conducts ocular inspection, and assists in preparing and organizing documents and evidence for public land applications.
Deputation is the delegation of official functions from an officer mandated by law to perform functions to another responsible and accountable officer who is performing or mandated with other duties and responsibilities.
Only LGU officials holding permanent positions are eligible for deputation. REDs may deputize LGU officials assigned to the titling program as DPLIs.
Under the LMO’s supervision, DPLIs (or composite adjudication teams with at least one DPLI) help mobilize communities, coordinate with barangay officials, process applications (interviews, ocular inspection and Final Inspection Report, evaluation of claims/evidence and requesting additional evidence, assisting in affidavits and subscription of documents), assist in amicable resolution of disputes, and assist in land surveys and field verification to speed up plan approval when needed.
The LGU must facilitate titling through an ordinance creating a local titling program and a titling office and adjudication teams. This ordinance is a prerequisite to avail of DENR assistance and must include provisions on manpower and other resources.
LGUs are encouraged, as much as practicable, to create a land information office to facilitate exchange/reconciliation/reconstruction of data for titling support. Under Section 10, such offices may provide accurate and up-to-date land information supporting real property taxation, transactions, resource management, zoning/land use, infrastructure, disaster management, and investments.
The steps include: planning/budget preparation; community preparation; adjudication (interview, ocular inspection, parcel boundary agreement if unsurveyed, survey if unsurveyed, completion of application, lot sketching, field assessment); submission of patent applications; processing at CENRO; processing/approval at PENRO; and registration at the Land Registration Authority. DAO 2007-09 may be applied in a suppletory manner, and DAO 2009-05 for RA 730 residential miscellaneous sales may be applied when practicable.
It is a special processing procedure/system to fast track action on documents related to LGU titling activities, such as approval of surveys and certifications. DENR is tasked to institute express lanes to facilitate speedy approval of plans and issuance of certifications for the LGU titling program.
It is an advisory group composed of LGU, DENR, and other agency officials and stakeholders that provides advice and oversight in implementing the LGU titling program. It also assists in after-titling activities such as investments and asset management, with DENR providing technical assistance and access to maps/records.
The CENRO may serve as chairperson and the Local Chief Executive as co-chairperson (as suggested by the issuance’s composition structure).
CLAMP, coordinated with DENR regional and field PAOs, is ordered to conduct IEC campaigns to disseminate matters pertinent to the DAO, report responses of LGUs to the RED, identify interested LGUs, and publish the status of LGU titling programs in regular regional publications.
Section 14 contains a repealing clause: all orders, circulars, memoranda, and other issuances inconsistent with DAO 2011-06 are repealed and/or amended accordingly.
It takes effect 15 days after publication in a newspaper of general circulation and acknowledgment of receipt of a copy in the Office of the National Administrative Register (ONAR).
REDs are authorized to issue pertinent orders and grant authorities for proper implementation of the DAO, and to sign on behalf of DENR all necessary partnership agreements with LGUs, stakeholders, and other parties to pursue the issuance’s objectives.