Law Summary
Definition and Scope of Ancestral Lands (Section 1)
- Ancestral lands refer to unappropriated agricultural lands part of the public domain that members of National Cultural Communities have occupied and cultivated continuously for at least 10 years before the decree's effectivity.
- These lands must also have been in possession by ancestors for not less than 30 years prior to the decree under a bona fide claim according to customary laws and traditions.
- Applies primarily to specific provinces listed (e.g., Mountain Province, Palawan, Maguindanao, etc.) but with provisions for others.
- Lands previously reserved for settlement or public/quasi-public use are excluded from disposition under this decree.
- Government retains the right to create agro-industrial projects within these areas to foster employment and progress.
Designation of Ancestral Lands in Other Provinces (Section 2)
- The President may designate ancestral lands in provinces not enumerated in Section 1 upon the recommendation of the Secretary of Agriculture and Natural Resources.
Identification, Survey, and Allocation of Ancestral Lands (Section 3)
- Bureau of Lands is tasked with identifying, surveying, and subdividing ancestral lands into family-size farms not exceeding five hectares each.
- Allocation to members of National Cultural Communities follows this process under prescribed terms.
Issuance of Land Occupancy Certificates (Section 4)
- Certificates shall be issued to all current occupants and cultivators of public domain lands within ancestral lands.
- Authorized District Land Officers to issue these certificates on behalf of the Secretary of Agriculture and Natural Resources to expedite the process.
Restrictions on Transfer and Alienation (Section 5)
- Lands granted under this decree cannot be sold, transferred, or alienated for ten years after acquisition.
- Exception only in favor of cooperatives the owner belongs to, or the government and its instrumentalities.
Implementation Rules and Cooperatives Requirement (Section 6)
- Secretary of Agriculture and Natural Resources to promulgate implementing rules and regulations.
- Recipients must be members of a local farmer cooperative before issuance of the Certificate of Land Occupancy.
- Mortgages or encumbrances on these lands require prior approval from the Secretary or authorized representative.
Government Assistance and Coordination (Section 7)
- Secretary of Agriculture and Natural Resources can call on other government agencies, particularly the Department of Agrarian Reform, for assistance in implementation.
Application Period and Forfeiture of Rights (Section 8)
- Occupants have ten years from the decree’s approval to apply for title perfection on occupied lands.
- Failure to comply results in loss of preferential rights; land then opens for allocation to other qualified applicants.
Penalties for Violations (Section 9)
- Violations carry fines up to P1,000 or imprisonment up to six months, or both.
- Land acquired in violation reverts to the public domain.
- Violators barred from acquiring land under this decree and the Public Land Act.
Repealing Clause (Section 10)
- Any laws, decrees, orders, or regulations inconsistent with this decree are repealed or modified accordingly.
Effectivity (Section 11)
- The decree takes immediate effect upon promulgation.