Joint Agt. on DAR, DENR, LRA and NCIP Jurisdictions

Legal basis and key referenced laws

The Order is issued pursuant to the constitutional framework of national unity and development, and implements Republic Act No. 6657 (Comprehensive Agrarian Reform Law (CARL) of 1988, as amended).
The Order interfaces with Republic Act No. 8371 (Indigenous Peoples Rights Act (IPRA) of 1997).
The Order recognizes that the Public Land Act is Commonwealth Act No. 141 as amended.
The Order recognizes that Act 496 (Land Registration Act), as amended, and Presidential Decree No. 1529 (Property Registration Decree) govern land titles issued under DENR and DAR registrations, while NCIP land titles are directed under IPRA to be registered with the appropriate register of deeds.
The Order interfaces with Commonwealth Act No. 141 provisions on easements and repurchase rights, and cites agrarian reform and indigenous property provisions including Section 29 (Sales Patent), Section 118 (Free Patent and Homestead Patent), Sections 111 and 112, and Section 119.

Policy and purpose statements

The Order protects ICCs/IPs rights over ancestral domains (ADs) and ancestral lands (ALs) to ensure their economic, social and cultural well-being.
The Order recognizes and respects ICC/IP land ownership systems, land use systems, and modes of settling land disputes in line with self-determination and autonomy.
The State applies agrarian reform principles or stewardship principles where applicable in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settlers, and ICCs/IPs’ rights to ancestral lands.
Once agrarian reform land titles are issued (including CLOAs and Emancipation Patents (EPs)) and registered, they serve as evidence of title and ownership, entitling the beneficiary to occupy, cultivate, maintain possession, and avail of CARP support services.

Defined terms and core concepts

Alienable and Disposable (A and D) lands refer to public domain lands released and proclaimed as such by the President or reclassified through an Act of Congress, sub-classified for administration and disposition as agricultural; residential/commercial/industrial or similar productive purposes; educational/charitable or similar purposes; and reservations for town sites and public/quasi-public uses.
Ancestral Domain (AD) refers to ICC/IP areas comprising lands, inland waters, coastal areas, and natural resources held under a claim of ownership, occupied or proposed by ICCs/IPs since time immemorial, continuously to the present except when interrupted by war, force majeure, displacement by force/deceit/stealth, or as a consequence of government projects or other voluntary dealings entered into by government and private individuals/corporations, and necessary for economic, social, and cultural welfare; it includes ancestral lands, forests, pasture, residential, agricultural, and other lands, individually owned whether A and D or otherwise; hunting/burial/worship areas; bodies of water; mineral and other natural resources; and other lands traditionally accessed for subsistence and traditional activities (including home ranges of nomadic and/or shifting cultivators), subject to Section 56 of IPRA.
Ancestral Land (AL) refers to land occupied, possessed and utilized by individuals, families and clans who are ICC/IP members since time immemorial, held under claims of individual or traditional group ownership, continuously to the present except for the same interruption/displacement grounds, including residential lots, rice terraces/paddies, private forests, swidden farms, and tree lots, subject to Section 56 of IPRA.
Certificate of Ancestral Domain Title (CADT) formally recognizes ICC/IP rights of possession and ownership over ancestral domains delineated under R.A. No. 8371.
Certificate of Ancestral Land Title (CALT) formally recognizes ICC/IP rights of ownership over ancestral lands.
Certificate of Land Ownership Award (CLOA) is proof of ownership under R.A. No. 6657 containing restrictions and conditions for agrarian ownership and must be registered in the Register of Deeds.
Certification of Non-Overlap is the separate DAR, DENR, and LRA certification issued prior to NCIP approval of a CADT/CALT application after compliance with requirements and processes for determining no overlap (or, if overlap exists, after segregation/exclusion of overlapped titled properties or approved survey plans).
Free and Prior Informed Consent (FPIC) is the consensus of all members of ICCs/IPs determined under customary laws and practices, free from external manipulation, interference, and coercion, obtained after full disclosure of intent and scope in a language and process understandable to the community; FPIC is given upon signing the Memorandum of Agreement (MOA) containing conditions/requirements, benefits, and penalties.
Vested Right is a complete, well-consummated right fixed and established that cannot be divested without the holder’s consent; it is absolute and unconditional, and includes property rights fixed and established and no longer open to doubt or controversy.
Land Titles are instruments of ownership issued pursuant to C.A. 141, P.D. 1529, R.A. 6657, and R.A. 8371.
Notice of Coverage (NOC) is DAR’s written notice to a landowner that landholding is to be placed under CARP, including the right to choose the allowable retention area within a prescribed period and to nominate preferred beneficiary/ies.
Emancipation Patent (EP) is proof of ownership under P.D. No. 27 (Operation Land Transfer) or Executive Order No. 228, containing restrictions and conditions, and must be registered in the Register of Deeds.
Native Title refers to pre-conquest rights held under a claim of private ownership by ICCs/IPs that have never been public lands and are presumed held since before the Spanish conquest.
Common and Public Welfare and Services is synonymous with public use/public interest/public benefit and includes utility, advantage, or productivity for the public generally, not limited to traditional actual public use.

Scope and jurisdictional coverage

The Order applies to lands and/or processing by DAR, DENR and NCIP and registration with LRA concerning lands/areas that are contentious or potentially contentious as enumerated in Section 12.
DENR has jurisdiction over all lands of the public domain (agricultural lands, forest or timber lands, national parks and mineral lands) except those placed by law and/or other issuances under operational jurisdiction of other agencies.
DENR is responsible for conservation, management, development, and proper use of environmental and natural resources and for licensing and regulation of natural resources under existing laws.
DAR has jurisdiction over specific categories: A and D lands devoted to or suitable to agriculture proclaimed/placed under DAR for CARP distribution; lands placed under DAR jurisdiction by law; lands previously proclaimed for government use and later turned over to DAR under E.O. 407 (Series of 1990) as amended by E.O. 448 and E.O. 506; all public lands in excess of Congress’ specific area limits; all other government-owned lands devoted to or suitable for agriculture; and all private lands devoted to or suitable for agriculture.
DAR subdivides its jurisdictional holdings into titled properties (including excess of retention limits); resettlement areas and reservations (proclaimed and turned over to DAR for CARP); and untitled private agricultural lands meeting the DAR-DENR M.C. 2003-1 criteria: continuous occupancy and cultivation for at least 30 years before the effectivity of R.A. No. 9176 on December 4, 2002; classification as A and D for at least 30 years prior to R.A. No. 9176 effectivity; payment of real estate taxes; and no adverse claim.
DAR must not cover under CARP the specified types of landholdings located within ADs/ALs claims: privately claimed agricultural lands unsurveyed or not covered by any DENR-approved survey plan; privately claimed surveyed agricultural lots classified as A and D by DENR after December 4, 1972; and privately claimed lands within unclassified public lands or within timberland/forest land.
NCIP is responsible for lands encompassed in AD and AL definitions under Sections 3(a) and 3(b) of R.A. No. 8371; lands included in proclamations or by law declaring reservations/resettlement areas of particular tribes; and lands certified by the NCIP Chairman as AD/AL pursuant to Section 52(i) of IPRA.

Rights recognition and CARP services

The Order protects ICCs/IPs rights over ADs/ALs and recognizes systems of land ownership, land use, and dispute settlement consistent with ICC/IP self-determination and autonomy.
The Order recognizes CLOAs, EPs, and other agrarian reform titles issued to beneficiaries and registered in their names as evidence of title and ownership, entitling beneficiaries to occupy, cultivate, maintain possession, and avail themselves of support services under CARP.
A patentee, as recognized owner, exercises property rights subject to restrictions under Section 29 (Sales Patent) and Section 118 (Free Patent and Homestead Patent) of C.A. 141, as well as maintenance of legal easements if land borders the sea or river under Sections 111 and 112 of C.A. 141, as amended.
For land acquired through Free Patent/Homestead Patent, the grantee, widow, or legal heirs has the right to repurchase within five years from date of conveyance under Section 119 of C.A. 141, as amended.
The indigenous concept of ownership treats ancestral domains and all resources therein as ICCs/IPs’ private but communal property belonging to all generations, whether delineated or not.
The Order recognizes ICC/IP rights to ADs/ALs by virtue of native title, including the right to transfer ancestral land or property rights among members of the same ICCs/IPs subject to customary laws and traditions, provided that subsequent transfer/transaction involving ancestral land is supported by a corresponding NCIP-issued title (judicial form).
CARP support services remain available to holders of CARP Beneficiary Certificates (CBCs) subject to securing FPIC of ICCs/IPs affected by implementation of those support services pursuant to NCIP Administrative Order No. 1, Series of 2006; if projects are community initiated/driven, only the validation procedures under that order apply.
Support services may be provided to ICCs/IPs other than CBC holders only if the ICC/IPs desire them and FPIC is secured from the community affected by the project.
The Order requires respect for property rights within ADs/ALs already existing and/or vested upon effectivity of R.A. No. 8371, including administratively and judicially issued titles such as EPs, CLOAs, Free Patents/Homestead Patents, and other agrarian reform program titles and DENR patents.
Existing Resource Use Instruments (RUIs) in the form of contracts, licenses, concessions, leases, and permits for exploitation of natural resources within ancestral lands/domains continue until expiration; they must not be renewed without FPIC of IP community members and upon renegotiation of all terms and conditions.
Existing RUIs may be terminated for cause upon violation of their terms and conditions in accordance with applicable procedures.
NCIP-registered CADT/CALT must contain a typewritten or stamped proviso stating that the CADT/CALT is subject to Section 56 of IPRA (Existing Property Rights Regimes) using the provided text that recognizes property rights within ancestral domains already existing and/or vested upon IPRA effectivity.

Exclusions and substantive limits under CARP

Lands actually, directly and exclusively used for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watershed and mangroves are excluded from CARP coverage under Section 10(a) of R.A. No. 6657, as amended.
Contentious areas and operational disputes include overlapping claims and title/resource-instrument issues between DAR, DENR and NCIP involving the types enumerated under Section 12, including untitled ICC/IP-claimed AD/AL lands covered by approved survey plans claimed by DAR and/or DENR, and titled lands with registered CLOAs, EPs and Patents within CADT/CALT/CADC/CALC.

Contentious areas procedures and suspension

The Order defines Contentious Areas/Issues as operational issues and conflicting claims between and among DAR, DENR and NCIP, including specified scenarios: overlapping of untitled AD/AL claims with titled claims; titled areas inside CADT/CALT/CADC/CALC; DENR-issued resource access/development instruments over lands in ancestral land/domain claims; DENR exploration permits/financial-technical assistance and mineral agreements within CARP-covered areas; special reserved/proclamation areas later issued CADT/CALT; areas with existing and/or vested rights after registration of CADTs/CALTs but not segregated/excluded; and other jurisdictional/operational issues as determined by Joint Committees.
The Order also treats formal complaints filed by concerned ICCs/IPs or filed by NCIP on behalf of ICCs/IPs over identified titled areas within AD/AL as contentious.

Survey projection and certification mechanics

All survey plans processed by NCIP, DAR, and DENR must follow the Manual of Land Surveys in the Philippines.
Before NCIP approves a CADT/CALT application, NCIP must furnish DAR (Regional Office endorsing to the Provincial Office for issuance of necessary certification or recommendation), DENR, and LRA a copy of the original survey plan for projection and verification to determine overlap between AD/AL survey and titled properties and other approved surveys on file.
If there is no technical problem, DENR, DAR and LRA must return the original survey plan to NCIP within 30 days from receipt, along with required certification or findings/recommendations.
If overlap exists as determined by LRA, DENR and DAR, their endorsements or certifications must identify specific details such as approved survey number and/or title number overlapped by the AD/AL survey, and then approved survey plans (as of approved surveys prior to October 29, 1997) must be returned to NCIP for segregation/exclusion of the titled properties or approved survey plans from the survey plan and technical description of the AD/AL.
NCIP must secure the necessary data for segregation/exclusion, and DAR and DENR must furnish NCIP survey data pertinent to the application free of charge.
The original AD/AL survey plan, as amended, must be submitted anew to LRA, DENR and DAR for final projection.
LRA, DENR and DAR must return the amended survey plan to NCIP within 15 days from receipt and issue the certification of non-overlap, including for lands with proofs of prior vested rights, with possible extension if meritorious circumstances warrant.
Where there is overlap with proclamations/reservations or similar issuances, their endorsements/certifications must enable NCIP to comply with Paragraph 13 (requiring area covered by the proclamation/reservation to be indicated in the survey plan).
The NCIP certification showing compliance with Section 52(i) of IPRA and the NCIP Commission resolution approving the CADT/CALT must form part of documents submitted to LRA as basis for authority to register.
DAR and DENR must notify NCIP before processing or further processing land title applications involving conflict areas identified by the agencies, so NCIP can certify whether the area affects an AD or AL subject to the projection/non-overlap process.
To identify contentious/potentially contentious areas, concerned agencies must submit an initial list with pertinent documents to the Joint National Committee within 15 days from the Joint National Committee’s creation.
Agencies must coordinate during survey activity at the field level to avoid operational gaps.

Segregation of lands covered by titles

In delineation and titling of ADs/ALs, NCIP must exclude or segregate lands covered by titles.
Registered landowners may submit copies of titles to NCIP to facilitate segregation/exclusion.
ICCs/IPs are not barred from questioning the validity of titles in proper forums; challenges are directed to the DAR Secretary for registered EPs or CLOAs and to the Regional Trial Court for registered patents/judicially-decreed titles.
DAR and DENR must not process titles pursuant to their mandates over lands certified by NCIP as ancestral domain or ancestral lands except in areas with prior and vested rights.
The NCIP certification on ADs/ALs under Section 52(i) of IPRA presupposes that projection and non-overlap certification under Section 13 have been complied with.

Treatment of resettlement areas overlap

Resettlement areas and reservations proclaimed for DAR or other agencies but turned over to DAR for CARP coverage and classified as alienable and disposable that overlap with ADs/ALs must be treated under Section 56 and Section 7(g) of IPRA in relation to Section 3(h), following the projection and non-overlap procedures under Section 13.
Forests or timberlands within those proclamations/reservations must not be segregated from the AD/AL and must not be covered under CARP.

CARP coverage of titled and untitled lands

Titled lands under the Torrens System issued prior to IPRA are treated as vested rights under Section 58 of IPRA; DAR proceeds with CARP coverage unless a Restraining Order is issued by the Supreme Court, without prejudice to ICC/IP rights to challenge validity before a competent court or body.
For CARP coverage of untitled lands under DAR-DENR M.C. 2003-1 involving identified contentious or potentially contentious areas, DAR must notify ICCs/IPs through NCIP; if ICCs/IPs file opposition/adverse claim, DAR must suspend that coverage until the issue is resolved.

Amendment of CADTs/CALTs and dispute forum

For areas with prior existing and/or vested rights not segregated upon CADT/CALT registration, any interested proper party (IP or non-IP) may file a petition for amendment, modification, alteration, and/or cancellation of the CADT/CALT before the NCIP Commission En Banc.
For private claimants with vested or existing property rights within AD/AL, their claims must be recognized and respected, and they have the option to become agrarian reform beneficiaries under CARP provided vested rights are established.

Joint committees and procedural escalation

A Joint National Committee on DAR, DENR, LRA and NCIP Concerns is created to address or resolve jurisdictional, operational, and policy issues elevated to it affecting implementation of CARL, IPRA, the Public Land Act, and land registration laws in relation to issuance and registration of CADTs/CALTs.
The Joint National Committee composition consists of designated Undersecretaries of DAR and DENR, designated Commissioner or Executive Director of NCIP, and designated Deputy Administrator of LRA.
A Joint Special Order must be issued within 15 days from the Order’s effectivity to identify functions, membership, and technical/administrative arrangements; special teams and joint regional/provincial committees may be created upon order of the Joint National Committee.
The Joint National Committee must meet and issue Rules of Procedures within 30 days from the issuance of the Joint Special Order, directing all committees and special teams to adopt win-win solutions as a general policy, including unimpeded flow and exchange of documents, data, survey plans, maps, and development/maintenance of land information systems among the agencies.
The budget for the Joint Committees is shouldered by their respective agencies.
The mechanisms and rules apply generally to agencies resolving policy, jurisdictional and operational issues in identified contentious and potentially-contentious areas.
Administrative remedies must be exhausted at the field level; unresolved issues are elevated to the Joint National Committee only after field-level non-resolution.

Suspension of titling and registration activities

Upon effectivity, the implementation of Land Acquisition and Distribution (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 remains suspended unless resolved by the concerned Joint Provincial/Regional or National Committee.
NCIP, DAR and DENR must submit to LRA complete lists of CADTs/CALTs, CLOAs, and Free Patents (FPs), respectively, that are subject of the suspension of registration activities.
Activities by the respective agencies that do not encounter issues and problems of similar nature continue without being affected.

Final provisions: revocation

All orders, circulars, and similar issuances inconsistent with the Order are revoked, amended, or modified accordingly.