Title
Joint Agt. on DAR, DENR, LRA and NCIP Jurisdictions
Law
Dar Joint Dar-denr-lra-ncip Administrative Order No. 01, S. 2012
Decision Date
Jan 25, 2012
A Philippine law clarifies the jurisdiction and policies of the Department of Agrarian Reform, Department of Environment and Natural Resources, Land Registration Authority, and National Commission on Indigenous Peoples, addressing operational issues and conflicting claims between these agencies regarding land ownership and resource utilization.
clarifying
restating
interfacing
A

Scope

  • Applies to lands processed by DAR, DENR, NCIP and land registration by LRA involving contentious or potentially contentious areas.

Definitions

  • "Alienable and Disposable (A and D) lands": Public lands classified for agriculture, residential, commercial, educational, or reservation purposes.
  • "Ancestral Domain (AD)": Lands including inland waters, coastal areas, forests, and natural resources held communally or individually by ICCs/IPs since time immemorial.
  • "Ancestral Land (AL)": Specific lands occupied and used by individuals or families of ICCs/IPs, e.g., residential lots, swidden farms.
  • Titles such as CADT, CALT, and CLOA formally recognize ownership rights.
  • "Free and Prior Informed Consent (FPIC)": Indigenous consent obtained free from coercion for projects affecting their lands.
  • "Vested Right": Fully established property right not subject to divestment without owner consent.

Jurisdiction of DENR

  • Jurisdiction over all public domain lands except those delegated to other agencies.
  • Manages conservation, development, licensing of natural resources.

Jurisdiction of DAR

  • Jurisdiction over alienable and disposable lands devoted to agriculture, including resettlement projects, lands turned-over, titled and untitled private agricultural lands.
  • DAR excludes certain private lands within ADs/ALs from coverage, especially unsurveyed or timberland-classified lands.

Jurisdiction of NCIP

  • Jurisdiction over ancestral domains and lands, including proclaimed reservations, and lands certified by the NCIP Chairman as ancestral domain/land.

Policies on Rights

  • Recognition and protection of rights of ICCs/IPs over ADs/ALs ensuring economic, social, cultural welfare.
  • Respect indigenous ownership concepts, including transfer of ancestral lands under customary laws,
  • Agrarian reform beneficiaries have rights to support services and land ownership evidenced by title certificates.
  • Existing property rights within ancestral domains are respected and continued use governed by free and prior informed consent.

Contentious Areas/Issues

  • Overlapping claims between DAR, DENR, and NCIP over titled and untitled lands.
  • Conflicts involving resource use instruments (e.g., forest management agreements, mining permits) within ancestral lands.
  • Proclamations or reservations overlapping CADTs/CALTs.

Procedures for Resolution

  • All agency survey plans must comply with the Manual of Land Surveys in the Philippines.
  • NCIP provides original survey plans for DAR, DENR, and LRA to verify overlaps within 30 days.
  • Overlapping titled properties must be excluded from ancestral domain surveys.
  • DAR and DENR must notify NCIP before titling applications affecting ancestral lands.
  • Shared submission of conflict areas to a Joint National Committee.

Segregation and Exclusion of Titled Lands

  • NCIP must exclude judicially decreed or administratively issued titles during AD/AL delineation.
  • Landowners may submit title copies to aid exclusion.
  • DAR and DENR shall not process titles in ancestral domain areas without proper NCIP certification.

Treatment of Resettlement Areas and Reservations

  • Lands within proclaimed resettlement or reservation areas turned over to DAR shall be processed following IPRA provisions.
  • Forest or timberland areas shall remain excluded from CARP.

Coverage of Agricultural Lands

  • Titled lands under Torrens system before IPRA are considered vested rights; DAR proceeds with coverage unless Supreme Court restrains.
  • Untitled private agricultural lands coverage requires DAR notification to ICCs/IPs through NCIP; coverage suspended if opposition arises.

Amendment of CADTs/CALTs

  • Petitions for amendment/cancellation may be filed before NCIP for areas not excluded upon registration with prior vested rights.
  • Private claimants with vested rights may be offered agrarian reform beneficiary status.

Creation of Joint Committees and Special Teams

  • A Joint National Committee among DAR, DENR, LRA, and NCIP addresses jurisdictional, operational, and policy issues.
  • May establish regional, provincial committees and special teams.
  • The Committee shall issue Rules of Procedure within 30 days, promoting cooperative and win-win resolution strategies.
  • Agencies shoulder their respective budgets.

General Application and Escalation of Issues

  • Mechanisms in the Order apply to all contentious areas.
  • Administrative remedies must be exhausted at field level prior to elevation to the National Committee.

Suspension of Titling and Registration

  • Titling, land acquisition, issuance of CLOA, CADT/CALT registrations, and patent processing remain suspended in contentious areas until resolution by Joint Committees.
  • Non-contentious activities proceed unaffected.

Final Provisions

  • Revokes inconsistent orders, circulars, or issuances.
  • The Order takes effect 15 days after publication in two national newspapers.

This joint administrative order thereby clarifies, reconciles, and interfaces the jurisdiction and operational collaboration of the four major agencies to effectively manage disputes in land titling and ancestral domain claims in the Philippines.


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