Legal basis and referenced statutes
- Executive Order No. 192 (1987) authorizes the DENR to promulgate rules and regulations necessary to facilitate public land titling.
- Commonwealth Act No. 141 (the “Public Land Act”) is mandated for the acceptance, processing, and approval or adjudication of untitled public alienable and disposable lands by the DENR.
- Republic Act No. 10023 (Residential Free Patent Law) is included as a statutory basis for the titling framework implemented by the DENR and LGUs.
- Republic Act No. 7160 (Local Government Code) is cited as the legal basis for LGU participation through opportunities for active involvement and for assistance and coordination with national government programs.
- Republic Act No. 730 is included for purposes of coverage on the disposition of public lands.
- DENR Administrative Order No. 2007-09 is applied in suppletory manner where practicable for systematic adjudication and titling through free and homestead patents.
- DENR Administrative Order No. 2009-05 is also applied in suppletory manner where practicable for residential lands through miscellaneous sales application under Republic Act No. 730.
Policy declaration and program approach
- The DENR remains the primary government agency responsible for conservation, management, protection, development, and proper use of the country’s environment and natural resources and the promotion of sustainable development.
- CA 141 and RA 10023 require the DENR to accept applications, process them, and either approve or otherwise adjudicate untitled public alienable and disposable lands.
- LGUs play an invaluable role in fast-tracking titling of public alienable and disposable lands.
- DENR participation with LGUs is structured to create partnership opportunities consistent with the Local Government Code provisions on LGU roles in national programs and projects.
- DENR commits to facilitate technical and material assistance, including assistance in coordinating national government programs, to support local land administration and management.
Scope and coverage rules
- The Order applies to the disposition of public lands under CA 141, RA 730, and RA 10023.
- Coverage is limited to cities and municipalities authorized by the DENR to facilitate titling of public lands within their jurisdiction.
- Participation by LGUs is implemented through authorization mechanisms under Section 13 in partnership with the DENR field offices.
Key definitions for implementation
- “Adjudication” is the administrative process of determining the validity of claims of ownership of land and other rights and interests in lands.
- “Adjudicator” is a duly designated DENR officer or duly deputized LGU personnel who undertakes interviewing land claimants, conducting ocular inspection, and assisting claimants in preparing and organizing documents and evidence for public land applications.
- “Adjudication team” is a group of land adjudicators composed of LGU and DENR personnel with at least one personnel from the CENRO and a Deputy Public Land Inspector from the LGU.
- “Cadastral Office” is a local land information office that may be created by the LGU under Section 9 to facilitate titling activities under the Order.
- “Cadastral Council” is a council that may be created under Section 9 of the Order.
- “Department” refers to the Department of Environment and Natural Resources (DENR).
- “Deputation” is the delegation of official functions from an officer mandated by law to another responsible and accountable officer performing or mandated with other duties and responsibilities.
- “Deputy Public Land Inspector (DPLI)” is a deputized public officer delegated with the functions of a public land inspector and authorized to subscribe to oaths and conduct ocular inspections and investigations on matters involving public land adjudication and disposition.
- “Express Lane” is a special processing procedure or system to fast track action on documents pertaining to LGU titling activities, including approval of surveys and certifications.
- “Order” refers to DENR Administrative Order No. 2011-06.
DENR and LGU roles and deputation
- The DENR assigns Land Management Officers (LMOs) from CENROs, PENROs, or Regional Offices to the LGU-initiated titling program and to the titling office that may be created.
- The DENR provides all necessary land records, surveys, maps, and other data for implementation.
- The DENR provides technical assistance in conducting surveys, land adjudication, and training and capacity building on public land administration and management.
- The DENR institutes express lanes to facilitate speedy approval of plans and issuance of certifications for the LGU titling program.
- The DENR provides general control and supervision over the LGU titling program; DENR field offices maintain approval and signing authorities in all phases of patent application and adjudication except authorities given to deputized LGU officials.
- The DENR coordinates with CLAMP (Center for Land Administration and Management-Philippines) on trainings for implementation and coordinates and updates Regional Development Councils on implementation in partnership with LGUs.
Integration requirements and local titling steps
- An LGU authorized under the program must facilitate titling of public lands through an ordinance creating a local titling program, a titling office, and adjudication teams.
- The LGU ordinance is a prerequisite for the LGU to avail of assistance from DENR field offices.
- The ordinance must include provisions for manpower and other resources.
- LGUs are encouraged, as much as practicable, to create a land information office to facilitate exchange of information, reconciliation, and reconstruction of data from different local offices and national agencies to support the titling program.
Deputation procedure and DPLI authority
All Regional Executive Directors (REDs) are authorized to deputize LGU officials assigned to the titling program as DPLIs.
Only LGU officials holding permanent positions are eligible for deputation.
The DPLI must perform the duties, responsibilities, and authority of any Public Land Inspector of the DENR within the jurisdiction of the deputizing LGU.
The deputation process is carried out as follows:
- The LGU, through the Chief Executive, identifies and nominates LGU officials for deputation and submits names and qualifications to the RED through the CENRO and PENRO.
- The CENRO reviews nominees and forwards them to the PENRO within 15 days.
- The PENRO reviews recommendations and forwards the CENRO’s recommendations together with the PENRO’s recommendations to the RED within 15 days.
- The RED may request additional information to aid approval and issuance of the deputation order.
- The RED, through the RTDs for Lands, authorizes conduct of necessary training on DPLI functions, mandates, authorities, duties, and responsibilities, including processes and procedures in land adjudication, alternative dispute resolution, sporadic titling, mass titling, and other innovative titling procedures.
- After completion of training, the RED issues the certificate of completion of training and the Deputation Order.
DPLIs and/or a composite land adjudication team with at least one (1) DPLI work under the supervision of the LMO assigned to the LGU titling program.
DPLIs must:
- Liaise with, orient, and mobilize the community to participate in the LGU titling program.
- Coordinate with barangay officials of the area under the titling program.
- Process applications by interviewing potential applicants and assisting them in completing forms.
- Conduct ocular inspections and prepare a Final Inspection Report.
- Evaluate claims and supporting evidence and request additional evidence as required.
- Assist applicants in preparation and subscription of supporting documents such as affidavits.
- Assist in amicable resolution of disputes.
- Assist in land surveys and carry out field verification of field surveys to speed up plan approval whenever necessary.
Systematic LGU titling workflow
LGU titling is carried out through systematic adjudication and titling steps that include:
- Planning and budget preparation, including a work and financial plan.
- Community preparation.
- Adjudication consisting of:
- Interview.
- Ocular inspection.
- Parcel boundary agreement (if unsurveyed).
- Survey (if unsurveyed).
- Completion of application.
- Lot sketching.
- Field assessment.
- Submission of patent applications.
- Processing at the CENRO.
- Processing and approval at the PENRO.
- Registration at the Land Registration Authority.
The systematic adjudication process and guidelines under DENR Administrative Order No. 2007-09 and DENR Administrative Order No. 2009-05 may be applied in suppletory manner whenever practicable.
Land information, cadastral councils, and IEC
LGUs may create a Land Information Office within their jurisdiction in partnership with the DENR, other government agencies, and stakeholders to facilitate a more efficient LGU titling program.
The Land Information Office provides accurate and up-to-date land information supporting real property taxation, land transactions, resource management, development and conservation, zoning and land use, infrastructure, disaster management, and business process and investments.
A Cadastral Council may be formed as an advisory group composed of LGU, DENR, and other agency officials and stakeholders to advise implementation of the LGU titling program.
The Cadastral Council performs oversight functions and provides plans and programs to assist beneficiaries in after titling activities such as investments and asset management.
The RED provides technical assistance to the Cadastral Council, including access to maps and records pertinent to the council’s jurisdiction.
The Cadastral Council may be composed with:
- CENRO as chairperson and the Local Chief Executive as co-chairperson.
- Recommended members including:
- Register of Deeds.
- Municipal Agrarian Reform Officer (MARO).
- Executive Clerk of Court.
- City/Municipal Chairperson of the Association of Barangay Captains (ABC).
- City/Municipal Assessor.
- City/Municipal Engineer.
- City/Municipal Planning and Development Officer.
- City/Municipal Environment and Natural Resources Officer (if appointed by the LGU).
- Representative of a local chamber of commerce.
- Representative of a local association of banks or financial institutions.
- Representative from a government bank or financial institution that services the area.
CLAMP, coordinated with Regional PAOs and PAOs in field offices, must conduct Information, Education, and Communications (IEC) campaigns disseminating matters pertinent to the Order.
IEC implementation must be reported to the RED, including responses of LGUs and identification of LGUs interested in an LGU-facilitated titling program.
CLAMP and the regional offices must publish in regular regional publications the status of LGU titling programs.
Grant of authority and repealing clause
- REDs with territorial jurisdiction over LGUs are authorized to:
- Issue pertinent orders and grant authorities for proper implementation of the Order.
- Sign, on behalf of the DENR, necessary partnership agreements with LGUs, stakeholders, and other parties to pursue the objectives of the Order.
- All orders, circulars, memoranda, and other issuances inconsistent with DENR Administrative Order No. 2011-06 are repealed and/or amended accordingly.